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DCO Beachwalk, LLC - 2012-08-06
f ! , iEh MV FIR,, - L - OF CALIFORNIA) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which.was.adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday, August 30, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on September 6, 2012 at Los Angeles, California ri 161;w- Signature CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.3M Adopted by the Gty Council on AUGUST 20, 2012 • "N ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DE- V E L O P M.E INT, AGREEMENT BY AND BETWEEN, THE CITY OF HUNT.INGTON. BEACHI AND" DCO BEACH, WALK LLC ;(DEVELOPER)'-(DE- V E'L O P M E,N' T', AGREEMENT NO .12. 602)° SYNOPSIS: AT A PUBLIC HEARING HELD ON MDNDAY, AU-1 GUST 6; 2012, THE CITY COUNCIL HEARD AND APPROVED FOR INTRO- DUCTION ORDINANCE NO. 3955 ADOPTING A DEVELOPMENT AGREEMENT WITH DCO BEACH WALK LLC FOR THE BEACH WALK APARTMENTS PROJECT. THE BEACH WALK APARTMENTS PROJECT IS' A 173-UNIT MULTI- FAMILY APARTMENT DE- VELOPMENT APPROVED ON APPROXIMATELY 3.2-, ACRE SITE LOCATED AT 19891 AND 19895 BEACH BOULEVARD (WEST SIDE OF: BEACH BOULEVARD 3ETWEEN UTICA AVE- NUE AND.ADAMS AVE- NUE). 'ASSED AND. ADOPTED )y the City Council of he City of Huntington 3each at a regular meet- ng held . 1ug'ust 20, 2012 by the, ollowing roll call vote: 1YES: Shaw, Harper, )wyer, Hansen;'Carchio, Iohr, Boardman IOES: None" 16STAIN:None )BSENT: None HE FULL TEXT OF THE IRDINANCE IS AVAIL -I LBLE IN THE CITY LERK'S OFFICE. his ordinance is effec- ive 30 days after doption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH; CA 92648 714-536-5227 JOAN L. FLYNN, CITY CLERK ublish H.B. Independent /30/12 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk NOTICE OF ACTION DEVELOPMENT AGREEMENT 12-002 (BEACH WALK APARTMENTS PROJECT) August 16, 2012 Harry Alcock, UDR 1745 Shea Center Drive, Ste. 200 Highlands Ranch CO 80129 Applicant: Harry Alcock, UDR Property Owner: DCO Beach Walk, LLC Location: 19891 and 19895 Beach Boulevard, Huntington Beach, CA 92648 (west side of Beach Boulevard between Utica Avenue and Adams Avenue) Request: Development Agreement 12-002 between the City of Huntington Beach and DCO Beach Walk, LLC (developer) pursuant to approvals for the Beach Walk Apartments Project. The Beach Walk Apartments Project is a 173-unit multi -family apartment development approved on approximately 3.2-acre site located at 19891 and 19895 Beach Boulevard across from the Newland Shopping Center. At a public hearing held on Monday, August 6, 2012, the Huntington Beach City Council heard and approved Development Agreement No. 12-002 with findings for approval, and approved for introduction Ordinance No. 3955, "An Ordinance of the City of Huntington Beach adopting a Development Agreement by and between the City of Huntington Beach and DCO Beach Walk LLC (Developer) (Development Agreement No. 12-002)." The Ordinance will return to the City Council for adoption on August 20, 2012. Enclosed are the Findings for Approval and copies of the unexecuted ordinance and agreement, which will be fully executed and recorded after the August 20 meeting. After the recordation is complete, copies will be mailed to complete your files. Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Notice of Action - DA No. 12-002 August 16, 2012 Page Two. If there are any further questions, please contact Jennifer Villasenor, Senior Planner at (714) 536-5271. Sincerely, (?�� JF:rl Attachments: DA No. 12-002 - Findings for Approval Ordinance No. 3955 w/Exhibit A - Development Agreement Pages 8-9 of the August 6, 2012 City Council Action Agenda c: Scott Hess, Director of Planning and Building Jennifer Villasenor, Senior Planner DEVELOPMENT AGREEMENT NO. 12-002 FINDING FOR APPROVAL — DEVELOPMENT AGREEMENT NO. 12-002: 1. The development agreement is consistent with the General Plan and Beach and Edinger Corridors Specific Plan (BECSP). Development Agreement No. 12-002 provides for the construction of the Beach Walk Apartments Project, which complies with the BECSP development code and was found to conform to the goals and policies of the General Plan as approved by the Planning and Building Director on March 27, 2012. The development agreement ensures the construction of 17 affordable housing units within the project in accordance with the provisions of the BECSP for a 55-year period. The development agreement is consistent with the following General Plan goals and policies: A. Circulation Element Goal CE 2: Provide a circulation system which supports existing, approved and .planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. B. Housing Element Goal H 2: Provide adequate housing sites to accommodate regional housing needs. Goal H 3: Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. C. Land Use Element LU Goal 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the principles discussed below: a. Not applicable b. Vary uses and densities along the City's extended commercial corridors, such as Beach Boulevard. c. Increase diversification of community and local commercial nodes to serve adjacent residential neighborhoods. e. Intermix uses and densities in large-scale development projects. f. Site development to capitalize upon potential long-term transit improvements. g. Establish linkages among community areas, which may include pedestrian and vehicular paths, landscape, signage, other streetscape elements, open space, transitions, in form, scale, and density of development, and other elements. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The development agreement would ensure that the project is developed in accordance with the approved Beach Walk development plan, which provides a housing choice adjacent to an existing public transit route and provides an alternative for residents seeking to be within walking distance of work, services or commercial uses and reduce dependency on their automobile. The development agreement would guarantee that the project provides 17 on -site affordable housing units. These units would help the City to satisfy its affordable housing obligations while providing housing for moderate income households. The development agreement specifies the project's traffic mitigation fees, which would provide the project's fair share contribution for improvements to the circulation system that are necessary to mitigate cumulative traffic impacts from development within the BECSP. 2: Development Agreement No. 12-002 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and applicable provisions of the Huntington Beach Municipal Code. Chapter 246 of the HBZSO authorizes the City, pursuant to the California Government Code, to enter into binding development agreements in order to ensure that development may proceed in accordance with standards and policies in place at the time the project is approved. The Beach Walk Apartments Project does not propose subdivision of the property such that conformance to the Subdivision Map Act applies. 3. Development Agreement No. 12-002 will not be detrimental to the health, safety and general welfare of the surrounding properties nor will it adversely affect the orderly development of the property. The development agreement ensures that the project will be constructed in accordance with the BECSP development code and conditions of approval and applicable mitigation measures adopted pursuant to Site Plan. Review No. 11-005 and Program Environmental Impact Report No. 08-008 for the Beach Walk Apartments Project. 4. The City Council has considered the fiscal effect of Development Agreement No. 12-002 on the City and the effect on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Development Agreement No. 12-002 provides for the mutually beneficial development of the property pursuant to approvals for the Beach Walk Apartments' Project, which would replace two existing office buildings with a 173 multi -family apartment development. The development agreement specifies the project's affordable housing obligations providing 17 on -site affordable units for a period of 55 years. It also ensures the payment of traffic mitigation fees to provide for the project's fair share contribution toward improvements to streets and intersections necessary to mitigate traffic impacts as a result of implementation of the BECSP. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ORDINANCE NO. 3955 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND DCO BEACH WALK LLC (DEVELOPER) (DEVELOPMENT AGREEMENT NO. 12-002) WHEREAS, the Director of Planning and Building approved Site Plan Review No. 11-005 to develop an approximately 3.18-acre property located at 19891 and 19895 Beach Boulevard (Property) with 173 apartment units with a leasing office, fitness center, clubhouse and private and public recreation and open space areas (Project) pursuant to Beach and Edinger Corridors Specific Plan (BECSP); and The City Council adopted the Beach and Edinger Specific Plan in March 2010; and The City and Developer each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with.the approved Site Plan Review No. 11-005 and Section 2.2.3 of the Beach and Edinger Corridors Specific Plan to achieve the mutually beneficial development of the Property. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The City Council hereby finds that the Development Agreement No. 12-002 conforms to Government Code Section 65864 et.seq. and that: a. Development Agreement No. 12-002 is consistent with the Huntington Beach General Plan and the applicable provisions of the BECSP; and b. Development Agreement No. 12-002 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Huntington Beach Municipal Code; and C. Development Agreement No. 12-002 will not be detrimental to the health, safety and general welfare, and will not adversely affect the orderly development of the property because it is consistent with applicable land use regulations of the BECSP, mitigation measures adopted for the Project in accordance with EIR No. 08-008,. and conditions approved for Site Plan Review No. 11-005; and d. The City Council has considered the fiscal effect of Development Agreement No. 12-002 on the City and the effect on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. 12-3391/81505 Ordinance No. 3955 SECTION 2. Based on the above findings, the City Council hereby approves Development Agreement No. 12-002 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2012. ATTEST: City Clerk REVIEWED AND APPROVED: Mayor O'Vf wall A� 0po P • • . .jR APPROVE FORM: City Manager I Cit�-Attorne Exhibit A: Development Agreement No. 12-002 2 12-3391/81505 Exhibit "A" - Ordinance No. 3955 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Director of Planning and Building SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made in Orange County, California, as of , 2012, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (the "City"), and DCO BEACH WALK LLC, a Delaware limited liability company (the "Developer"). RECITALS A. The City is authorized pursuant to Government Code sections 65864 through 65869.5 and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 246 to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. B. Developer is the ownerof that certain real property located at 19891 and 19895_ Beach Boulevard, in the City of Huntington Beach, County of Orange, State of California, more particularly described in the legal description attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). C. The City and Developer each desire to enter into this Agreement affecting the Property in conformance with Government Code section 65864 et seq. and HBZSO Chapter 246 in order to achieve the mutually beneficial development of the Property in accordance with this Agreement. D. The Developer seeks to develop an apartment project on the Property consisting of 173 rental units, as more particularly set forth in the Site Plan Review No. 11-005 (Beach Walk Apartments) approved by the City on March 27, 2012 (the "Project"). E. The Project is to be undertaken pursuant to the Beach and Edinger Corridors Specific Plan adopted by the City Council of the City (the "City Council") on March 1, 2010 (the "Specific Plan'. The City certified an environmental impact report for the Specific Plan (the "EU ). The City has determined that the Project will not have any new or more severe potential adverse environmental impacts that were not considered in the EIR, and that under the California Environmental Quality Act and. Sections 15162 and 15182 of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3), no further environmental review of the Project is required. 2272/026565-0004 30603199 a06/25/12 Exhibit "A" - Ordinance No. 3955 F. The City and the Developer each mutually desire to obtain the binding agreement of one another to permit and ensure that the Property is developed strictly in accordance with the provisions of this Agreement. G. . This Agreement will benefit the Developer and the City by eliminating uncertainty in planning and providing for the orderly development of the Project. Specifically, this Agreement a) eliminates uncertainty about the validity of exactions to be imposed by the City, (2) provides for the construction of needed affordable housing, and (3) generally serves the public interest within the City and the surrounding region. H. The Planning Commission and City Council have each given notice of their intention to consider this Agreement, and have each conducted public hearings thereon pursuant to the relevant provisions of the Government Code. The City Council has found that the provisions of this Agreement are consistent with the City's 1996 General Plan for development within the City, as amended (the "General Plan"), City zoning. ordinances, as amended, and the Beach and Edinger Corridors Specific Plan. The Planning Commission and City Council have also specifically considered the impacts and benefits of the Project upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Agreement is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region. I. On J u 1 y 10 , . 2012, the Planning Commission held a duly noticed public hearing on this Agreement and recommended to the City Council that it approve this Agreement. J. On A u q u s t 6 , 2012, the City Council held a duly noticed public hearing on this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Developer agree as follows: Definitions. 1.1 "Affordable Dwelling Units" shall mean each of the seventeen (17) Dwelling Units available for occupancy by Moderate Income Households at the Affordable Rent. 1.2 "Affordable Housing Agreement" shall mean that certain Affordable Housing Agreement Restrictions -Rental (Declaration of Conditions, Covenants and Restrictions for Property) in the form attached hereto as Exhibit C to be entered into by City and Developer, which Affordable Housing Agreement was approved as to form as part of this Agreement. The Affordable Housing Agreement shall also include any and all amendments or modifications thereto agreed to in writing by City and Developer. 1.3 "Affordable Rent" shall have the meaning set forth in the Affordable Housing Agreement. 22721026565-0004 3060319.9 a06l25112 -2- Exhibit "A" - Ordinance No. 3955 1.4 "Applicable Rules" shall mean the following as they exist on the Effective Date: City's General Plan, the Specific Plan, Site Plan Review No. 11-005 (Beach Walk Apartments), and all other City zoning ordinances and other entitlements, development conditions and standards, public works standards, subdivision regulations, grading requirements, and provisions related to land development and building construction and governing the development of the Property in effect as of the Effective Date, including, without limitation, maximum height and size of buildings, provisions for dedication of land, density and intensity of use, growth management, environmental considerations, and design criteria applicable to the Project. Applicable Rules shall not include building standards adopted by the City for general application in the City. 1.5 "Area Median Income" shall mean the area median income for the County of Orange ("County") as published annually by the California Department of Housing and Community Development and determined in accordance with the U.S. Department of Housing and Urban Development criteria then in effect and published from time to time. For purposes of this Agreement, the qualifying limits shall be those limits for the County, as set forth in Title 25, California Code of Regulations, section 6932, as that section may be amended, modified or recodified from time to time. If the California Code of Regulations is amended or modified during the term of this Agreement so that such regulations do not specify the area median income for the County, the City and Developer shall negotiate in good faith to determine an equivalent authoritative source which determines median income for the County. 1.6 "City Council" shall mean the City Council of the City. 1.7 "City Manager" shall mean the City Manager of the City. 1.8 "County" shall mean Orange County. 19 "Developer" shall mean DCO Beach Walk LLC, a Delaware limited liability company, and any of its successors and assigns to the fee interest in the Property. 1.10 "Development Fees" means and includes all fees charged by the City in connection with the application, processing and approval or issuance of permits for the development of property, including, without limitation: application fees; permit processing fees; inspection fees; utility capacity fees; service or connection fees; library/cultural enrichment fees, traffic impact fees; development impact or major facilities fees; park fees; flood control fees; environmental impact mitigation fees; the fees charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of migrating the impacts of the Project and development of the public facilities related to development of the Project; and any similar governmental fees, charges and exactions required for the development of the Project. 1.11 "Discretionary Actions" and "Discretionary Approvals" means those actions and approvals which require the exercise of judgment, or imposition of a condition or obligation, by any officer, employee, review board, commission or department of the City. Discretionary Actions and Discretionary Approvals are distinguished from activities or approvals which merely require any officer, employee, review board, commission or department of the City 2272/026565-0004 _ 3060319.9 06/25112 -3 Exhibit "A" - Ordinance No. 3955 to determine whether or not there has been compliance with applicable statutes, ordinances, regulations or conditions of approval. 1.12 "Dwelling Unit" shall mean a place in the Project that is legally available to be rented by a person or family. 1.13 "Effective Date" means the date on which the ordinance approving this Agreement has been adopted by the City. 1.14 "Moderate Income Household" means persons and families whose gross incomes do not exceed the amount published annually by the California Department of Housing and Community Development in accordance with California Health and Safety Code Section 50093. 1.15 "Market Rate Rental Dwelling Unit" shall mean those Dwelling Units in the Project that are not Affordable Dwelling Units nor governed by the Affordable Housing Agreement. Paragraph 7.1. 1.16 "Periodic Review" shall have the meaning assigned to such term in 1.17 "Planning Commission" means the Planning Commission of the City. 1.18 "Project" shall mean the development of the Property pursuant to this Agreement and the Applicable Rules, including Site Plan Review No. 11-005 (Beach Walk - Apartments). 1.19 "Specific Plan" shall mean the Beach and Edinger Corridors Specific Plan adopted by the City Council on March 1, 2010, as may be amended from time to time. All other capitalized terms not otherwise defined herein shall have the meanings commonly recognized in the affordable housing industry. 2. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and remain in effect for a term of five (5) years (the "Term"). Upon the expiration or termination of the term, this Agreement shall be deemed terminated and have no further force and effect. The expiration or termination of this Agreement shall not result in a termination of the Affordable Housing Agreement provided Developer elected to develop the Project and the Affordable Housing Agreement was executed by the parties pursuant to Paragraph 4 of this Agreement 3. Development of the Property. 3.1 General. The Developer agrees that the Property shall only be developed in accordance with the Site Plan Review No. 11-005 and any conditions and mitigation measures imposed on the Project through final approval of the Project, and the provisions of this Agreement. Notwithstanding anything set forth in this Agreement to the contrary, unless Developer proceeds with development of the Property, Developer is not obligated by the terms 2272/026365-0004 3060319.9 a06/25/12 -4- Exhibit "A" - Ordinance No. 3955 of this Agreement to affirmatively act to develop all or any portion of the Project, pay any stuns of money, dedicate any land, indemnify any party, or to otherwise meet or perform any obligation with respect to the Project, except and only as a condition of development of any portion of the Project. 3.2 Vested Right to Develop the Project. 3.2.1 Applicable Rules and Development Standards. Subject to Paragraph 3.3, below and the limitations therein, the City hereby grants to the Developer the vested right to develop the Project on the Property in accordance with the Applicable Rules and this Agreement. Subject to Paragraph 3.3, below, any change in the Applicable Rules adopted or becoming effective after the Effective Date shall not be applicable to or binding upon the Project or the Property without Developer's consent which it may grant or withhold in its sole discretion. Subject to Paragraph 3.3, below, this Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under state .law, the fixture exercise of the City's ability to regulate development of the Project. 3.2.2 Development Fees. During the Term of this Agreement, City shall not levy or require with respect to development of the Property any Development Fees except those in effect under City's ordinances or resolutions on the Effective Date of this Agreement and Developer shall not be subject to any increases in the existing Development Fees with respect to the Property except those increases set by automatic escalator in existence at the Effective Date of this Agreement. To this end, Developer shall only be obligated to pay the Development Fees set forth on Exhibit B attached to this Agreement pursuant to ordinances and resolutions establishing said fees and the payment schedule set forth on Exhibit B. Nothwithstanding the Development Fee obligation above, the Developer agrees to pay the Traffic impact Fees (i.e., the Circulation System Fee) set forth in Chapter 17.65 of the Huntington Beach Municipal Code and implementing resolutions as amended by the City, which Traffic Impact Fees for the Project are set forth on Exhibit B. Payment of the Traffic Impact Fee constitutes satisfactory mitigation for traffic impacts created by the proposed project as identified in Environmental Impact Report No. 08-008 Mitigation Measures 4.13-1 through 4.13-18. 3.2.3 Initiative Measures. Subject to Paragraph 3.3, below, the Developer and City intend that no moratorium or other limitation (whether relating to the rate, timing or sequence of the development of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, certificates of occupancy or other entitlements shall apply to the Project to the extent such moratorium or other limitation is inconsistent or conflicts with this Agreement. 3.3 Reservations of Authority. 3.3.1 Federal or State Laws. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to modify any of the Applicable Rules to the extent necessary to comply with applicable federal or state laws, codes or 2272/026565-0004 _ 30603I9.9 a06/25112 -5 Exhibit "A" - Ordinance No. 3955 regulations which preempt local jurisdiction including, by way of example, and without limiting the generality of the foregoing, the California Environmental Quality Act, all building codes, and any safety regulations, but such modifications shall be made only to the extent required thereunder; provided, however, that Developer does not waive its right to challenge or contest the validity of any such federal, state, or local laws, codes or regulations. 3.3.2 Emergency. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to apply to the Project any development moratorium, limitation on the delivery of City -provided utility services, or other generally applicable emergency rule, regulation, law or ordinance affecting land use: (1) which is based on genuine health and safety concerns (other than general growth management issues); (2) which arises out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor, City Council or City Manager of the City; and (3) which based upon its terms or its effect as applied, does not apply exclusively, primarily or disproportionately to the Project or the Property. 3.3.3 Project Completion, This Agreement and associated findings are based on the expectation that the Project will be constructed as follows: up to 156 Market Rate Rental Dwelling Units and 17 Affordable Dwelling Units will be completed such that. a certificate of occupancy/final inspection will be issued during the term of the Agreement. in the event the Project is not completed in the manner and time frame contemplated herein, this Agreement may be terminated by the City as provided herein, and any rights contemplated herein will no longer be in effect. 3.3.4 Public Health Concerns. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to apply to the Project any generally applicable rule, regulation, law or ordinance which does not affect the land use or development of the Project and which is based on concern for the public health, safety or general welfare, including, but not limited to, building codes not otherwise preempted by State law. 3.3.5 New Engineering and Construction Standards. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to modify any of the Applicable Rules if the City adopts new and/or amended regulations governing engineering and construction and grading standards and specifications including, without limitation, any and all uniform codes adopted by the City, including local amendments to these codes pursuant to state law allowing for such amendments; provided that such codes are uniformly applied to all new development projects of similar type as the Project within the City and provided further that any such modifications to grading standards can only be imposed prior to grading and any such modifications to engineering or construction standards can only be applied prior to the initiation of construction. Such codes include, without limitation, the City's Uniform Housing Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code. 3.4 Cooperation and Indemnification. City agrees to cooperate with Developer in all reasonable manners in order to keep this Agreement in full force and effect. Notwithstanding the preceding sentence, in the event any legal action is instituted by a third 22721026565-0004 30603199 a0625/12 -6- Exhibit "A" - Ordinance No. 3955 party or other government entity or official challenging the validity of this Agreement, the City and Developer agree to cooperate in defending such action, with the Developer to indemnify the City pursuant to the terms of Paragraph 14(m) of this Agreement. In the event of any litigation challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall remain m full force and effect while such litigation, including any appellate review, is pending, unless a court of competent jurisdiction orders otherwise. 4. Affordable Houusin. The Project is subject to the requirement of providing a total of seventeen (17) Affordable Dwelling Units, all of which shall be rental units and must remain Affordable Dwelling Units for at least fifty-five (55) years. In lieu of providing ten percent (10%) of the total units of the Project as Affordable Dwelling Units (17.3 Affordable Dwelling Units) prior to final inspection on the seventeenth (17th) Affordable Dwelling Unit, Developer shall pay a fee to the City for such remaining fractional unit in an amount equal to Six Thousand Four Hundred Ninety Two Dollars ($6,492.00). The City and Developer agree as a condition precedent to the issuance of a building permit for the Project that the Affordable Housing Agreement (attached hereto as Exhibit C) will be executed to memorialize the terms and conditions of the affordable housing components of the Project. The Project will include seventeen (17) Affordable Dwelling Units made available to and occupied by Moderate Income Households at an Affordable Rent. Upon its execution by the parties, the Developer shall record the Affordable Housing Agreement, which is in favor of the City and assures that the affordability covenants run with the land and remain in effect for the affordability period Provided Developer proceeds with the development of the Project as evidenced by the issuance of a building permit for the Project, the Developer agrees to comply with all terms and provisions of the Affordable Housing Agreement and its attachments and acknowledges that any default thereunder shall also constitute a default under this Agreement. If Developer elects to not proceed with the development of the Project prior to issuance of a building permit for the Project, then at Developer's election, the City and Developer shall terminate this Agreement and remove and record a notice of termination of the requirements herein. Prior to approval of a Final inspection for any phase of units for the Project, Developer shall have completed construction and shall have received all required Final Inspections for rental Affordable Dwelling Units equal to, on an aggregate basis, at least ten percent (10%) of the total units then being made available to the public for rental. For example, if Developer received all required Final Inspections on 45 units in the Project in the first phase, 6 of which were Affordable Dwelling Units, and then is requesting Final Inspection on 47 more units for the second phase, Developer shall have completed construction and shall have received all required Final Inspections for at least 4 more Affordable Dwelling Units, for a total of 10 Affordable Dwelling Units out of 92 total units. Concurrent with the Final Inspection for the final phase of units consisting of the 15e Market Rate Rental Dwelling Unit, Developer shall have completed construction and shall have received required Final Inspection for all 17 Affordable Dwelling Units. 5. Extension of Project Approvals. Unless a longer term would result under otherwise applicable state law, the term of any permits approved as part of the Project approvals shall be automatically extended for the term of this Agreement. 2272/026565-0004 3060319.9 a0625/12 Exhibit "A" - Ordinance No. 3955 6. Subsequent Discretionary Action and Approval. The City agrees not to unreasonably withhold, condition or delay any Discretionary Action or Discretionary Approval or other action or approval by the City which may be required by the Project subsequent to the execution of this Agreement. Upon the filing of a complete application and payment of appropriate processing fees by Developer, the City shall promptly commence and diligently schedule and convene all required public hearings in an expeditious manner consistent with the law, and process all Discretionary Actions and Discretionary Approvals in an expeditious manner. 7. Compliance Review, 7.1 Periodic Review. Pursuant to Govemment Code section 65865.1, the City Manager or his or her designee shall, not less than once in every twelve (12) months, review the Project and this Agreement to ascertain whether or not the Developer is in full compliance with the terms of the Agreement (the "Periodic Review"). 7.2 Review Procedure. During a Periodic Review, Developer shall provide information reasonably requested by the City -Manager or his or her designee that the Project is being developed in good faith compliance with the terms of this Agreement. If, as a result of a Periodic Review, the City finds and determines on the basis of substantial evidence that the Developer has not complied in good faith with the terms or conditions of this Agreement, the City shall issue a written "Notice of Non -Compliance" to the Developer specifying the grounds. therefore and all facts demonstrating such non-compliance. The Developer's failure to cure the alleged non-compliance within sixty (60) calendar days after receipt of the notice, or, if such noncompliance is not capable of being cured within sixty (60) calendar days, the Developer's failure to initiate all actions required to cure such non-compliance within sixty (60) calendar days after receipt of the notice and completion of the cure of such non-compliance within one hundred twenty (120) calendar days, shall constitute a default under this Agreement on the part of the Developer and shall constitute grounds for the termination of this Agreement by the City as provided for below. If requested by Developer, City agrees to provide to Developer a certificate that Developer is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto. 7.3 Termination or Modification for Non -Compliance. Pursuant to Government Code section 65865.1, if the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. Any action by the City with respect to the termination or modification of this Agreement shall comply with the notice and public hearing requirements of Government Code section 65867 in addition to any other notice required by law. Additionally, the City shall give the Developer written notice of its intention to terminate or modify this Agreement and shall grant the Developer a reasonable opportunity to be heard on the matter and to oppose such termination or modification by the City. 22721026565-0004 3060319.9 ao625/12 -8- Exhibit "A" - Ordinance No. 3955 Modification, Amendment, Cancellation or Termination. 8.1 Amendment and Cancellation. Pursuant to Government Code section 65868, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and the Developer or their successors in interest. Public notice of the parties' intention to amend or cancel any portion of this Agreement shall be given in the manner provided by Government code section 65867. Any amendment to the Agreement shall be subject to the provisions of Government Code section 65867.5. 82 Modification. The City Planning and Building Director, with the written consent of the Developer, may make minor modifications to the Agreement without the need for formal action by the City's Planning Commission or City Council as long as such modifications do not alter the Term of this Agreement, the permitted uses, density or intensity of uses, the maximum height or size of buildings, provisions for reservations or dedication of land, conditions, terms, restrictions and requirements relating to subsequent Discretionary Actions and Approvals, and monetary contributions by Developer. Defaults Notice and Cure Periods Events of Default and Remedies. 9.1 Default By the Developer. 9.1.1 Default. If the Developer does not perform its obligations under this Agreement in a timely manner, the City may exercise all rights and remedies provided in this Agreement, provided the City complies with the notice and cure provisions in this Agreement. 9.1.2 Notice of Default. If the Developer does not perform its obligations under this Agreement in a timely manner, the City through the City Manager may submit to the Developer a written notice of default in the manner prescribed in Paragraph 14(a) identifying with specificity those obligations of the Developer under this Agreement which have not been timely performed. Upon receipt of any such written notice of default, the Developer shall promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of any such written notice of default and shall complete the cure of any such default(s) no later than sixty (60) calendar days after receipt of any such written notice of default, or if such defaults) is not capable of being cured within sixty (60) calendar days, no later than one hundred twenty (120) calendar days after receipt of any such written notice of default, provided the Developer commences the cure of any such default(s) within such sixty (60) calendar day period and thereafter diligently pursues such cure at all times until any such default(s) is cured. 9.1.3 Failure to Cure Default Procedure. If after the cure period provided in Paragraph 9.1.2 has elapsed, the City Manager finds and determines the Developer, or its successors, transferees and/or assignees, as the case may be, remains in default and that the City intends to terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, the City Planning and Building Director shall make a report to -the Planning Commission and then set a public hearing before the Planning Commission in accordance with the notice and hearing requirements of Government Code sections 65867 and 65868. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence, that the Developer, or its successors, transferees and/or assigns, as the case 22721026565-0004 3W0319.9 a06/25112 —g— Exhibit "A" - Ordinance No. 3955 may be, has not cured a default under this Agreement pursuant to this Paragraph 9, and that the City shall terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, the Developer, and its successors, transferees and/or assigns, shall be entitled to appeal that finding and determination to the City Council. Such right of appeal shall include, but not be limited to, an objection to the manner in which the City intends to modify this Agreement if the City intends as a result of a default of the Developer, or one of its successors or assigns, to modify this Agreement. In the event of a finding and determination that all defaults are cured, there shall be no appeal by any person or entity. Nothing in this Paragraph 9 or this Agreement shall be construed as modifying or abrogating the City Council's review of Planning Commission actions or limiting the City's rights and remedies available at law or in equity, which shall include (without limitation) compelling the specific performance of the Developer's obligations under this Agreement. 9.1.4 Termination or Modification of Agreements. The City may terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, after such final determination of the City Council, where no appeal is taken, after the expiration of the applicable appeal periods described herein. There shall be no modifications of this Agreement unless the City Council acts pursuant to Government Code sections 65867.5 and 65868, irrespective of whether an appeal is taken as provided herein. 9.1.5 Lender Protection Provisions. 9.1.5.1 Notice of Default. In addition to the notice provisions set forth in Paragraph 9.1.2, the City shall send a copy of any notice of default sent to the Developer or any of its successors or assigns to any lender that has made a loan then secured by a deed of trust against the Property, or a portion thereof, provided such lender shall have (a) delivered to the City written notice in the manner provided in Paragraph 14(a) of such lender's election to receive a copy of any such written notice of default and (b) provided to the City a recorded copy of any such deed of trust. Any such lender that makes a loan secured by a deed of trust against the Property, or a portion thereof, and delivers a written notice to the City and provides the City with a recorded copy of any such deed of trust in accordance with the provisions of this Paragraph 9.1.5.1 is herein referred to as a "Qualified Lender." 9.1.5.2 Right of a Oualifed Lender to Cure a Default. The City shall send a written notice of any Developer default to each Qualified Lender. From and after receipt of any such written notice of default, each Qualified Lender shall have the right to cure any such default within the same cure periods as provided to the Developer hereunder. If the nature of any such default is such that a Qualified Lender cannot reasonably cure any such default without being the fee owner of the Property, or the applicable portion thereof, (as reasonably determined by the City), then so long as the Qualified Lender(s) is (are) diligently proceeding (as reasonably determined by the City) to foreclose the lien of its deed of trust against the fee owner of the Property, or the applicable portion thereof, and after completing any such foreclosure promptly commences the cure of any such default and thereafter diligently pursues the cure of such default to completion, then such Qualified Lender shall have any additional sixty (60) calendar days following such foreclosure to cure any such default. 22721026565-0004 3060319.9 a0625112 -10- Exhibit "A" - Ordinance No. 3955 9.1.5.3 Exercise of City's Remedies. Notwithstanding any other provision of this Agreement, the City shall not exercise any right or remedy to cancel or amend this Agreement during any cure period. 9.2 Default by the City. 9.2.1 Default. In the event the City does not accept, process or render a decision in a timely manner on necessary development permits, entitlements, or other land use or building approvals for use as provided in this Agreement upon compliance with the requirements therefore, or as otherwise agreed to by the City and Developer, or the City otherwise defaults under the provisions of this Agreement, subject to Paragraph 9.3, the Developer shall have all rights and remedies provided herein or by applicable law, which shall include compelling the specific performance of the City's obligations under this Agreement provided the Developer has first complied with the procedures in Paragraph 9.2.2. 9.2.2 Notice of Default. Prior to the exercise of any other right or remedy arising out of a default by the City under this Agreement, the Developer shall first submit to the City a written notice of default stating with specificity those obligations which have not been performed under this Agreement. Upon receipt of the notice of default, the City shall promptly commence to cure the identified defaults) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) no later than thirty (30) calendar days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided the City shall continuously and diligently pursue each remedy at all times until such default(s) is cured, provided, however, in no event shall the cure period exceed one hundred twenty (120) calendar days. In the case of a dispute as to whether the City is in default under this Agreement or whether the City has cured the default, or to seek the enforcement of this Agreement, the City and the Developer may submit the matter to negotiation/mediation.pursuant to Paragraph 14(o) of this Agreement. 9.3 Monetary Damages. The Developer and City acknowledge that neither the City nor the Developer would have entered into this Agreement if either were liable for monetary damages under or with respect to this Agreement or the application thereof. Both the City and the Developer agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages which would adequately compensate the Developer for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify such exposure. Therefore, the City and the Developer agree. that neither shall be liable for monetary damages under or with respect to this Agreement or the application thereof and the City and the Developer covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. This foregoing waiver shall not be deemed to apply to any fees or other monetary amounts specifically required to be paid by the Developer to the City pursuant to this Agreement, including, but not limited to, any amounts due pursuant to Paragraph 14(m). The foregoing is not intended to prohibit Developer from bringing any legal claim that Developer otherwise would have against City in the absence of this Agreement (i.e., non -contract claims and causes of action). 2272/026565-0004 -11- 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 10. Administration of Agreement and Resolution of Disputes. The Developer shall at all times have the right to appeal to the City Council any decision or determination made by any employee, agent or other representative of the City concerning the Project or the interpretation and administration of this Agreement. All City Council decisions or determinations regarding the Project or the administration of this Agreement shall also be subject to judicial review pursuant to Code of Civil Procedure section 1094.5, provided that, pursuant to Code. of Civil Procedure section.1094.6, any such action must be filed in a court of competent jurisdiction not later than ninety (90) calendar days after the date on which the City Council's decision becomes final. In addition, in the event the Developer and the City cannot agree whether a default on the part of the Developer, or any of its successors or assigns, under this Agreement exists or whether or not any such default has been cured, then the City or the Developer may submit the matter to negotiation/mediation pursuant to Paragraph 14(o). 11. Recordation of this Agreement. Pursuant to Government Code section 65868.5, the City Clerk shall record a copy of this Agreement in the Official Records of the County within ten (10) calendar days after the mutual execution of this Agreement. 12. Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 13. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City, the Developer, and their respective successors and assigns. No other person or entity shall have any right of action based upon any provision of this Agreement. 14. Miscellaneous. (a) Notices. All notices which are allowed or required to be given hereunder shall be in writing and (1) shall be deemed given and received when personally delivered or (2) shall be sent by registered or certified mail or overnight mail service, addressed to the applicable designated person by one party to the other in writing, and shall be deemed received on the second business day after such mailing. If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Manager Tel. No.: (714) 536-5575 Fax No.: (714) 536-5233 227VO26565-M 3060319.9 a%Z/12 -12- Exhibit "A" - Ordinance No. 3955 If to Developer: DCO Beach Walk LLC - - c/o UDR, Inc. 1745 Shea Center Drive, Suite 200 Highlands Ranch, CO .80129 Attn: Warren L. Troupe Copy to: Rutan & Tucker, LLP 611 Anton Blvd., Suite 14 Costa Mesa, CA 92626 Attn: John Ramirez, Esq. Tel. No. (714) 641-5100 Fax. No. (714) 546-9035 (b) Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of this Agreement unless the invalid provision is a material part of this Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. In the event any material provision of this Agreement is determined to be invalid, void or voidable, City or Developer may terminate this Agreement. (c) Entire Agreement. This Agreement represents the entire agreement between the City and the Developer with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the City and the Developer with respect to the matters contained in this Agreement. (d) Further Assurances. The City and the Developer agree to perform, from time to time, such further acts and to execute and deliver such further instruments reasonably necessary to effect the intents and purposes of this Agreement, provided that the intended obligations of the City and the Developer are not thereby modified- (e) Inurement and Assignment. This Agreement shall inure to the benefit of and bind the successors and assigns of the City and the Developer, and may be assigned by the Developer to any party or parties purchasing all or any part of the fee interest in the Property. The specific rights and obligations. of this Agreement shall be deemed covenants running with the land that concern and affect Developer's fee interest in the Property. The provisions of this Paragraph 14(e) require an assignment agreement whereby, upon the sale, transfer or assignment of all or a portion of the Property to a parry that acquires fee title to the Property or any portion thereof; the party that acquires fee title to the Property must assume all responsibilities and obligations of this Agreement for Developer to be released of all executory obligations under this Agreement that relate to the transferred property; provided, however, that Developer shall not be released from liability for any default of Developer committed prior to the date of the transfer. (f) Negation of Agency. The City and the Developer acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document 2272/026565-0004 -13- 3060319.9 a0625M Exhibit "A" - Ordinance No. 3955 executed in connection herewith shall be construed as making the City and the Developer joint venture's, partners or employer/employee. (g) Attorneys Fees. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory relief, the prevailing parry in such action or proceeding shall not be entitled to recover its court costs and reasonable out-of-pocket expenses. (h) Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. (i) Force Mai eure. Neither party hereunder. shall be deemed to be in default where delays or defaults are due to one or more of the following events, providing that any one or more of such event(s) actually delays or interferes with the timely performance of the matter to which it would apply and despite the exercise of diligence and good business practices and such event(s) are beyond the reasonable control of the party claiming such interference: war, terrorism, terrorist acts, insurrection, strikes, lock -outs, unavailability in the marketplace of essential labor, tools, materials or supplies, failure of any contractor, subcontractor, or consultant to timely perform (so long as Developer is not otherwise in default of any obligation under this Agreement and Developer is exercising commercially reasonable diligence to enforce its rights under its agreement with such contractor, subcontractor or consultant to cause such contractor, subcontractor or consultant to perform in accordance with such agreement), riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, or unusually severe weather. An extension of time for any such cause (a "Force Majeare Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of actual knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date and the event commenced, and the estimated delay resulting therefrom. G) Paragraph Headings. The paragraph headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. (k) Time of Essence. Time is of the essence of this Agreement, and all performances required hereunder shall be completed within the time periods specified. Any failure of performance shall be deemed as a material breach of this Agreement, (1) Counterparts. This Agreement and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document. 2272/026565-0004 3060319E a06/25/12 -14- Exhibit "A" - Ordinance No. 3955 (m) Indemnification. The Developer agrees, as a condition of approval of this Agreement, to indemnify, defend and hold harmless at the Developer's expense, the City, the City Council, and the City's agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of this Agreement, the Specific Plan or EIR, or to determine the reasonableness, legality or validity of any provision hereof or obligation contained herein. Developer also agrees to indemnify the City,. the City Council, and the City's officials, agents and employees for any claims, acts or proceedings relating to the Project's affordable housing requirements, including, but not limited to, any challenge to the City's Housing Element to the extent arising from Developer's failure to comply with the Project's affordable housing requirements as set forth in this Agreement and the Affordable Housing Agreement. The indemnity described in this section is not subject to the provisions of Paragraph 3.1 providing that obligations cease if the Project does not go forward. The City shall promptly notify the Developer of any such claim, action or proceeding of which the City receives notice, and the City will cooperate fully with the Developer in the defense thereof. The Developer shall provide a defense to the City with counsel reasonably selected by Developer and City to defend both the City and Developer, and shall reimburse the City for any court costs which the City may be required to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding at its own expense, but such participation shall not relieve the Developer of the obligations of this Paragraph 14(m). (n) Hold Harmless Agreement. City and Developer mutually agree to, and shall hold each other and each of the other's elective and appointed councils, boards, commissions, directors, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for personal injury, including death, and from claims for property damage which may arise from the -activities of the other's or contractor's, subcontractors, agents, or employees which relate to the Project whether such activities be by City or Developer, or by any of City's or 'the Developer's contractors, subcontractors, or by anyone or more persons indirectly employed by, or acting as agent for Developer, any of Developer's or the City's contractors or subcontractors. City and Developer agree to and shall defend the other and each of the other's elective and ,appointive councils, boards, directors, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. (o) Alternative Dispute Resolution Procedure. (1) Dispute. If a dispute arises concerning whether the City or the Developer or any of Developer's successors or assigns is in default under this Agreement or whether any such default has been cured or whether or not a dispute is subject to this Paragraph 14(o) (a "Dispute"), then such dispute shall be subject to negotiation between the parries to this Agreement, and if then not resolved shall be subject to nonbinding mediation, both as set forth below, before either party may institute legal. proceedings. 2272/026565-0004 -15- 30603199 a0625112 Exhibit "A" - Ordinance No. 3955 (2) Negotiation. If a Dispute arises, the parties agree to negotiate in good faith to resolve the Dispute. If the negotiations do not resolve the Dispute to the reasonable satisfaction of the parties within fifteen (15) calendar days from a written request for a negotiation, then each party shall give notice to the other party identifying an official or executive officer who has authority to resolve the Dispute to meet in person with the other party's designated official or executive officer who is similarly authorized.. The designated persons identified by each party shall meet in person for one day within the 20-day period following the expiration of the 15-day period and the designated persons shall attempt in good faith to resolve the Dispute. If the designated persons are unable to resolve the Dispute, then the Dispute shall be submitted to non -binding mediation- (3) Mediation- (i) Within fifteen (15) calendar days following the designated persons' meeting described in Paragraph 14(o)(2), above, either party may initiate non -binding mediation (the "Mediation"), conducted by Judicial Arbitration & Mediation Services, Inc. ("JAMS") or other agreed upon mediator. Either party may initiate the Mediation by written notice to the other party. (ii) The mediator shall be a retired judge or other mediator, selected by mutual agreement of the parties, and if they cannot agree within fifteen (15) calendar days after the Mediation notice, the mediator shall be selected through the procedures regularly followed by JAMS. The Mediation shall be held within fifteen (15) calendar days after the Mediator is selected, or a longer period as the parties and the mediator mutually decide. (iii) If the Dispute is not fully resolved by mutual agreement of the parties within fifteen (15) calendar days after completion of the Mediation, then either party may institute legal proceedings. (iv) The parties shall bear equally the cost of the mediator's fees and expenses, but each party shall pay its own attorneys' and expertwitness fees and any other associated costs in connection with the mediation. (4) Preservation of Rights. Nothing in Paragraph 14(o) shall limit a party's right to seek an injunction or restraining order from a court in circumstances where such equitable relief is deemed necessary by a party to preserve such party's rights. (p) Reference of California Law. Unless expressly stated to the contrary, all references to statutes herein are to the California codes. (q). Interpretation. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this 227210265654004 3060319.9 06aS/12 -16- Exhibit "A" - Ordinance No. 3955 Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized - [signatures on next page] 2272/026565-0004 _17- 3060319.9 a060/12 Exhibit "A" - Ordinance No. 3955 IN WTINESS WHEREOF, the City and the Developer hereto have each executed this Agreement as of the date first written above. "DEVELOPER" DCO Beach Walk LLC, a Delaware limited liability company By: DCO Beach LLC, a Delaware limited liability company, its Managing Member By: DCO Realty, Inc, a Delaware corporation, its e ber By: Name. Title:t1T,�iaa�i7n City of Huntington Beach, a municipal corporation of the State of California Mayor ATTEST: City Clerk '- : PROVED AS TO FORM r ity �Amey ; y"'V; . 22721=565-0004 30603199 a0625(12 -18- Exhibit "A" - Ordinance No. 3955 ACKNOWLEDGMENT State of Colorado } County of � 0-1 ) On hJi lc/ Z<3)-J ZD�, before me, -c (insertname and tide of the officer) Notary Public, personally appeared AF-rii/ Acor who proved to me on the basis of sa cry evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct WITNESS my hand and official seal. \\\ I I I111/111//// ' \`��. PAP •........ �� '�. ) Signature)Seal J��.• PUBOG :P ZzL . ...... OF C OV0\\\\\� State of California County of ) on , before me, (mscrtnmmo and titrt of the oiicer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowiedged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ?.2'!2l026565-000i 3060319.9 aM25M Exhibit "A" - Ordinance No. 3955 EXHIBIT "A" TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: BLOCK 1908 OF THE EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: THE NORTH HALF OF BLOCK 1808, EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLOITING FOR, DEVELOPING, PRODUCING, REMOVING AND MARKETING SAID SUBSTANCES, AS RESERVED IN AN INSTRUMENT RECORDED MAY 25, 1953 IN BOOK 2508, PAGE 200 OF OFFICIAL RECORDS. PARCEL C: AN EASEMENT FOR INGRESS AND EGRESS FOR PEDESTRIAN PURPOSES OVER A PORTION OF THE NORTH HALF OF BLOCK 1807 OF EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF BLOCK 1807; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF BLOCK 1807, SOUTH 89017'25" WEST 6.50 FEET TO A LINE PARALLEL WITH AND DISTANT 6.50 FEET WESTERLY OF THE EASTERLY LINE OF SAID BLOCK 1807; THENCE ALONG SAID PARALLEL LINE NORTH 00"40'00" WEST 8.00 FEET TO A LINE PARALLEL WITH AND DISTANT 8.00 FEET NORTHERLY OF SAID SOUTHERLY LINE OF THE NORTH HALF OF BLOCK 1807; THENCE ALONG LAST SAID PARALLEL LINE NORTH 89017'25" EAST 6.50 FEET TO SAID EASTERLY LINE OF BLOCK 1807; THENCE 2272/026565-0004 3060319.9 a0625/12 Exhibit "A" - Ordinance No. 3955 ALONG SAID EASTERLY LINE SOUTH 00004'00" EAST 8.00 FEET TO SAID SOUTHEASTERLY CORNER AND TRUE POINT OF BEGINNING. APN: APN 025-200-72 2272/026565-0004 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 EXHIBIT `B" TO DEVELOPMENT AGREEMENT DEVELOPMENT FEE SCHEDULE BEACH WALK The Project shall be subject to all fees in effect as of June 1, 2012, including those fees specified herein and on the Planning and Building and Public Works Fee Schedules attached hereto. In no event shall Developer be charged any development fees that go into effect after the date of this agreement. Exhibit `B" and the fee schedules attached hereto are a list of known fees that are applicable to this project. However, the City reserves the right to charge any fee not on that list but in effect prior to execution of this Agreement but inadvertently left out of the exhibit. . Assumptions: Number of Units for Project: 173 Crninra Fnntava of RXictina Rnilrlinff Area- 63 760 Development Impact Fee Fee Law Enforcement Facilities No Fee Fire Suppression Facilities No Fee Public Library Facilities (including any fees Development — $0.44 per gross square foot related to library enrichment, development and (including garages) _ $TBD other library -related fees) Enrichment — $0.15 per gross square foot (including garages) _ $TBD School Fees per School District (contact school districtfor additional information 714-536-7521 x 250) Park Land/Open Space & Facilities (including $0.86 per gross square foot (including garages) any Parks and Recreation -related fees) _ $TBD Circulation System Fee (Traffic Impact Fee) $1,220.35/unit = $211,120.55 Less Credit $2, 097.43 per 1, 000 gross square feet of building, area = $133,375.32 Beach and Edinger Corridors Specific Plan Fee $300/unit = $51,900 UglLtyFees Storm Drainage Fee $13,880/gross acre = $TBD 2272/026565-0004 3060319.9 aO625/12 Exhibit "A" - Ordinance No. 3955 Orange County Sanitation District.(OCSD) Studios at $1,073/unit; One -Bedrooms Units at Capital Facilities Capacity Charge (CFCC) $1,670/unit; Two -Bedroom Units at $2,337/unit = $TBD Less Credit $1, 734 per 1, 000 gross square feet of building area = $110, 559.84 Sewer Connection $1,801.00/unit = $311,573 Water Capital Facilities Charge — Residential Fee Based Per Water Meter at Rate Designated by Meter Size (see attached Public Works Fee Schedule - $TBD) Less Credit —Non-residential $300/acre orfraction thereof All other Public Works fees See attached Public Works Fee Schedule Planning and Building Fees See attached schedules of Building Permit Fees and Planning and Building Fee Schedule LaIL applicable fees shall applyl 2272l026565-0004 30603199 06/25M Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH �- DEPARTMENT OF PLANNING AND BUILDING LJ FEE SCHEDULE CITY;COUNCII:.:APPRGTVED.4Ul'+TE15 2009;' ....:TFFECTIVE:.DctobEr.;1;.201I`.:::: FEE Annexation Request Annexation 10000100.42480 $10,400 + fully burdened costs Coastal Development Permit** 42415 $6,602 Conditional Use Permit: New Residential 42420 9,989 Comm ercial/lndustria.18\ fixed Use less than % Block 42420 8,422 Alcohol, Dancing or Live Entertainment 42420 4,939 Mixed Use, %z BIock or Greater 42420 18,510 Entitlement Continuance 42425 346 Development Agreement Full Hourly Cost Original Contract or Significant Amendment 42430 33,162 Dep.+ costs Minor Amendment 42430 19,418 Dep.+ costs Annual Review (Planning Commission Hearing) 42430 4,286 Annual Review (Administrative Review) 42430 3,388 Entitlement Plan Amendment New Hearing 42435 3,910 No Change to Conditions - Director Review 42440 2,274 General Plan Amendment — GPA Major 42445 46581 General Plan Amendment - GPA Minor 42445 24,890 General Plan Conformance 42445 5,096 Local Coastal Program Amendment 42450 14,003 Reversion to Acreage 42480 3,775 Special Permit 42480 3,162 each 'Tentative Tract Map 42460 23,896+ 30llot Variance**** 42465 4,234 Zoning Map Amendment***** 42470. 24,309 Precise Plan of Street Alignment 42490 16,546 Mobile Home Park Conversion Review 42470 37,148 Zoning Text Amendment -Major 42475 15,163 Zoning Text Amendment -Minor 42475 8,429 tnctunes 4io automation tee 1 Plus costs for Notice of Publication, if applicable ** Coastal Development Permit reduced 50% when processed concurrently with a Conditional Use Permit, Tentative Map or Variance *** 50 percent of fee credited towards future entitlements Variance fee reduced 50% when processed concurrently with a Conditional Use Permit * **** ZMA fee reduced 50% when processed concurrently with a General Plan Amendment Revised 10/ M011 Exhibit "A" - Ordinance No. 3 955 *R.AT T R -T 0 N . '-AC Coastal Development Permit" Single Family Dwelling 10000100.42605 2,967 All Others 42605 3,533 Conditional Use Permit 42610 4,556 Conditional Use Permit (Fences) 42610 2,281 Entitlement Continuance 42615 260' Entitlement Plan Amendment New Hearing 42620 2,105 No Change to Conditions - Director Review 42620 1,519 Temporary Use Permit 42630 2,139+500 bond if applicable Tentative Parcel Map 42635 4,638 Tentative Parcel Map Waiver 42635 2,224 Tentative Tract Map 42460 7,7144 30/lot Variance**** 42640 2,923 Environmental Assessment 10000100.42705 $10,679 Historic Structures 42705 $ 5,242 Mitigated Negative Declaration 42705 3,215 (+ EA Study Fee) Mitigation Monitoring: 42705 Mitigated Negative Declaration 2,724 Environmental Impact Report 8% of EIR Environmental Impact Report (EIR)- 42710 99,922 Dep. + Consultant Pre ared Costs Environmental Impact Report (EIR)- 42710 133,706 Dep. + Staff Prepared costs Department of Fish and Game (Fees change yearly — Fee as of 01/01/11) Negative Declaration/Mitigated Negative Declaration 2,044.00 Environmental Impact Report 2,839.25 Certified Regulatory Program CHECKS MADE OUT TO: COUNTY OF ORANGE and sent to County of Orange with NOD includes 4% automation fee Plus costs for Notice of Publication, if applicable. 50 percent of fee credited towards future entitlements Variance fee reduced 50% when processed concurrently with a Conditional Use Permit Revised 10/012011 Exhibit "A" - Ordinance No. 3955 : $TAFF:REVIEW:. :SERVLCES; Address Assignment Processing 10000100.42755 $1,256/ ro'ect Address Change/Single Tenant Assignment 42755 255 Address Assignment — Meter only 42755 135 Administrative Permit 42820 List 1: Outdoor Dining, Eating and Drinking 42820 612 Establishments, Fence Extensions (<8'), Personal Enrichment Services over 5,000 sq. ft., and Home Occupations List 2: Parking Reduction, Carts & Kiosks, Waiver of 42820 1,090 Development Standards, Non -conforming structure additions List 3: Privacy Gates, Game Centers, Accessory Dwelling 42820 1,451 Units, Manufactured Home Parks List 4: Personal Enrichment Services under 5,OOQ sq ft 0 Animal Permits 42820 215 Categorical Exclusion letter (coastal) 42820 260 CC&R Review 42760 1,254 Certificate of Compliance 42765 755 Design Review Board 42775 905 Extension of Time 42820 479 Final Parcel Map 42780 1,374 Final Tract Map 42780 1,962 Initial Plan, Zoning & Review (land use changes, zone 42785 357 changes, conceptual plans) Limited Sign Permit 42790 837 Lot Line Adjustment / Lot Merger 42820 551 Planned Sign Program Single User and Amendments to Existing Programs 42790 880 Multiple Users 42790 1,484 Preliminary Plan Review: *** Single Family Residential 42795 832 Multi -Family Residential (up to 9 units) 42795 1,986 Multi -Family Residential (10+ units) 42795 2,538 Non -Residential 42795 2,761 Sign Code Exception — Staff 42625 996 Sign Code Exception — Design Review Board 42625 1,934 Site Plan Review 42820 5,519 Temporary and Promotional Activity Sign .Permit . 42800 78 Temporary Sales/Event Permit 42805 281 Wireless Permit Applications 42810 "costs" Zoning Letter: Flood Verification 42810 78 Simple Staff Review 68 Zoning Letter Staff Review 151 Zoning Research/Information 42810 130/hr. (min.1 by.) Planning Consultation/Meeting Fee (per planner) 42810 115/hr. (min. 1 hr.) * Includes 4% automation fee *** 50 percent of fee credited towards future entitlements Revised 1D/OU2011 Exhibit "A" - Ordinance No. 3955 M. To Planning Commission Single family owner appealing decision of own 10000100.42815 $1,917 property Others 42915 2,501 Appeal of Director's Decision (PC Public Hearing) 42815 494 Appeal of Director's Interpretation (PC Non Public) 42815 416 To City Council (file w/ City Clerk's Office) Single family owner appealing decision of own 42815 $1,763 property 42815 3,383 Others HOUS]ING.:ITasIEIJ:FEE:.;00� .77777777777777 3 Unit Projects x $8,140 = 42820 $24,420 4 Unit Projects x $9,150 = 42820 $36,600 5 Unit Projects x $10,170 = 42820 $50,850 6 Unit Projects x $11,180 = 42820 $67,080 7 Unit Projects x $12,200 = 42820 $85,400 8 Unit Projects x $13,230 = 42820 $105,840 9 Unit Projects x $14,240 = 42820 $128,160 OT Downtown Specific Plan Fee 42820 $831 per acre Outdoor Dining: 42820 License Agreement Application Fee 30 License Agreement Use Charge 0.01/sq.ft. License Agreement Code Enforcement Fee 4/sq. ft. Park and Recreation Fee (see attached) Traffic Impact Fee See Dept. of Public Works General Plan Maintenance Fee 42825 $l .85/$1,000 valuation of new construction * Includes 4% automation fee .•,.. - $ RE. UTRED: ADDIT Q . FEES ViAYE....:... o ENTITLEMENTS FOR DEVELOPMENT INCLUDE INITIAL REVIEW OF PLANS AND ONE SUBSEQUENT REVISION SUBMITTAL. REVIEW OF PLANS IN EXCESS OF ONE REVISION SHALL BE CHARGED THE FULLY BURDENED HOURLY RATE. ALSO SEE DEPARTMENTS OF PUBLIC WORKS, FIRE, AND THE BUSINESS LICENSE DIVISION FOR ADDITIONAL FEES Revised 10101R011 Exhibit "A" - Ordinance No. 3955 1 0. �'A CITY OF HUNTINGTON BEACH - A - PLANNING DEPARTMENT Park and Recreation Fees CI 'I' COIJNCII. APPROVED 42902 EC T KFF - -. Mn -i. .17, 2002 Pursuant to City Council Ordinance No. 3562, and Resolution Nos. 2002-56 and 2002-57 adopted on June 17, 2002, park in -lieu fees for residential developments involving a subdivision map are as follows: .:PROJECTS REQUIRING.ai SUBDIVISION MAP,(20900109..'47ii5).�-::*-::.:. Tract Map No./Parcel Map No: Park and Recreation Fee Formula Per Chapter 254: 5 (ft units x 2.68) x Per acre value of project site* = Park In Lieu Fee lio0o ,I * Based on City -approved site -specific appraisal of project site criDECFAMER.16.' 'y. tpu.NZIUAT�NTD. 562777 7.*�!.....-�.. I.....19FT.-ECT. M-DECEMBER16,1002 Pursuant to City Council Ordinance No. 3596, and Resolution No. 2002-129 adopted on December 16, 2002, park fees for commercial and industrial developments and residential developments not requiring a subdivision map are as follows: PROJECTS -NOT. REQU11ZNG A -SUBDIVISION MAP :(20900209A72-8Q).. Commercial and Industrial Floor Area = $0.23/square foot Residential Floor Area, (includes garages) = $0.86/square foot Date Fees Paid: Plan Check No.: Receipt No.: Job Location: Tentative Tract Map No./Tentative Parcel Map No.: Revised 10/0112011 Exhibit "A" - Ordinance No. 3955 POE City of Huntington Beach Department of Planning & Building BEADING PERAUT FEES 20100 Main Street, Huntington Beach, CA 92648 HUNTINGTON BEACH Office: (714) 536-5241 Fax: (714) 374-1647 Fee Zme How Determined Rate Permit Processing Charge Flat fee @ Permit or Plan Review Submittal $30.00 Building Inspection Fees Based upon Building Valuation Table for construction costs per s . ft. to determine project valuation age 8). See Table Below Foundation or Partial Building Inspection Based upon Building Valuation Table for construction costs per s . ft. to determine projectvaluation e 8). See Table Below PROJECT VALUATION TABLE Based on Building Valuation Data Published in the 2001 March -April Building Standards Magazine by the International Conference of Building Officials and local miscellaneous categories that have been surveyed Project Valuation Inspection Fees $1 to $500 $55.00 $501 to $2,000 $55.00 for the first $500; plus $ 3.60 for each additional $100 or fraction thereof, to and Including $2,000 $2,001 to $25,000 $110.00 for the first $2,000; plus -$ 16.18 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $483.00 for the first $25,000; plus $ 11.68 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $775.00 for the first $50,000; plus $ 8.80 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,180.00 for the first $100,000; plus $ 6.46 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,762.00 for the first $500,000; plus $ 5.49 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,000 and up $6,505.00 for the first $1,000,000; plus ,$ 4.22 for each additional $1,000 or fraction thereof A 4. D% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G:lBuildingAdmii✓Web/Fee Schedule 08/17/09.doe Effective 08/17/09 - L - Exhibit "A" - Ordinance No. 3955 [cola OTHER BUILDING DEPT CHARGES (714)536-5241 Fee Type How Determined Rate Building Plan Review Collected at time of building plan review submittal & assessed @ % of building inspection fee ($110.68mia.) 79% Exception: • Standard production units after the model unit has been reviewed @ % of building inspection fee 26% (changes to be reviewed on an hourly basis) Projects requiring review in excess of the following: Project Valuation # of Reviews $100,000 or less 2 $ 133.00 per $100,000 - $1,000,000 3 hour $ 1,000,001 —more 4 Refund Processing Fee Minimum Fee Retained by City $60.00 Record Retention Fee Each sheet of permitted drawings $5.00 Each permit issued $1.50 Counter Staff Research: More than 10 minutes (estimate to complete) Hours x $73.00 Rate(Minimum Charge)' Copies from Microfilm (in 16mm or 35mm — Is` copy $3.00 addition to Research) Each additional copy on same address or area S 1.50 Copies Not on Microfilm (in- Each copy S0.10 addition to Research Plan Review Extension Flat Fee $100.00 Building Permit Extension Flat Fee $100.00 Building Relocation 2 Hour Minimum See Special Inspection Services Investigation Fee -for work Equal to the amount of standard inspection fee for performed without a permit or permit to which it applies OR the actual time spent $250.00 inspection investigating, whichever is greater, but not less than Miimum. $250.00 minimum Re -inspection Flat fee $120.00 Processing Fee Flat Fee $30.00 (Change of contractor, owner, or Special Inspector Pro Permit Supplement Flat Fee, Plus $30.00 + (Issue Revised Permits, Adjust Microfilm Fee $1.50 + Permits, Admin. Permits, or Fee Schedule Line Items Line Items those NOT LISTED) (Minimum Inspection Fee does not apply) Expired Permits o Reactivate permit for projects that have been $32.00+ expired for LESS than—6months. 1/2 New Inspect Fee • Reactivate permit for projects that have been $32.00+ expired for GREATER 6 months New Inspect Fee Recording & Release of Non- Flat Fee $110.00+ Compliance due to Permit $10.00 to Expiration & Similar Services County Recorder A 4.0% Automation Fee w131 be added to all fees listed pursuant to Resolution 2009-32 C Bw7dingAdmin/Web/Fee Schedule 08/17/09.doc Effective 09/17/09 2- Exhibit "A" - Ordinance No. 3955 BUILDING PERMIT FEES CERTIFICATE OF OCCUPANCY (714) 536-5241 Fee T e How Determined Rate Certificate of Occupancy: ® With Building Permit No Fee To verify proper use and . Modified Certificate wlout additional inspection or $30.00 terms of occupancy in new Administrative services and existing commercial and . Certificate with additional inspection services industrial buildings B & M Occupancies $100.00. All Other Occupancies $225.00 • B & M Occupancies requiring services in excess of 75 minutes — additional $100.00/hr. S All Other Occupancies requiring services in excess $100.00/hr of 250 minutes - additional • Temporary Certificate (Actual fully burdened costs) B & M Occupancies $100.00min All Other Occupancies $225.00min BUILDING DEPT. "SPECIAL SERVICES" Fee T e How Determined Rate During Normal Work Hours: Counter Services Hourly (See Conditions, below) $75.00 Ins mtion Services Hourly See Conditions, below $95.00 Plan Review Services Hourly See Conditions, below) $125.00 Supervisory Services Hourly See Conditions, below} $135.00 Outside Normal Work Hours: Counter Services Hourly See Conditions, below) $110.00 Inspection Services Hourly See Conditions, below $125.00 Plan Review Services Hourly See Conditions, below) $190.00 Supervisory Services Hourly See Conditions, below $200.00 a. The payment of such fees shall be in addition to other required fees. b. Where the special service is provided during normal work hours, the fee shall be based on the actual time expended, but not less than one-half (1/2) hour. c. Where the special service is provided as overtime between the hours of 6:00 AM and 8:00 PM on a normal work day, the fee shall be based on the actual time expended but not Iess than one (1) hour at the outside normal work hour rate. d. Where the special service is provided outside the hours of 6:00 AM to 8:00 PM on a normal work day or during any hours on a typical City day off, as provided in the City's current MOU, the fee shall be based on the actual time expended but not less than four (4) hours at the outside normal work hour rate. A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GABuildingAdmin/Web/Fee Schedule 09117/09.doc Effective 08/17/09 - 3 - Exhibit "A" - Ordinance No. 3955 BUILDING PERMIT FEES COLLECTED FOR OTHER DEPARTMENTS & AGENCIES AGENCY/Fee ape I How Determined Rate HB PLANNING DEPT. 714 536-5271 Planning Plan Review Collected at time of building plan review submittal & assessed @ % of building inspection fee 70% Exception: • Standard production units after the model unit has been reviewed @ % of building inspection fee 24% (changes to be reviewed on an hourly basis STATE OF CALIFORNIA State Tax (SMIP) Up to $5,000 valuation — Fee amount is fixed $0.50 Residential Over $5,000 valuation — Fee amount is Valuation x Rate $0.0001 Calif. State Tax (SNIP) Up to $2,381 Valuation — Fee amount is fixed $0.50 Commercial/Industrial Over $2,381 Valuation — Fee amount is Valuation x Rate $0.00021 HUNTINGTON BEACH LIBRARY Library Enrichment- Applied to all new development & additions which Residential increase existing sq. ft. by over 50% (including garage area) —Rate per sq. ft. Payment is due at time ofpermit $0.15 issuance Applied to all new development and additions — Rate per $0.15 Library Enrichment- Commercial/Industrial s . ft Payment is due at time ofpermit issuance. Library Development - Applied to all new development & additions which Residential increase existing sq. & by over 50% (including garage $0.44 area) — Rate per sq. ft. Payment is due prior to final ins ection but may be paid at time qfpermit issuance. Applied to all new development and additions — Rate per Library Development - Commercial/lndustrial sq. ft. Payment is due at time of permit issuance. $0.04 Exceptions: • Warehouse on commercial/industrial Facilities • Government or public facilities • Churches, temples synagogues, and other buildings or structures used for religious worship Private schools which meet California Education Code Section 48222 requirements HB SCHOOL DISTRICT 714 536-7521 School District - Applied to new residential development and additions of Residential 500 sq. ft. or more (excluding garage area) — Rate per sq. $2.97 ft. School District - Applied to all new development and additions — Rate per $0.47 Commercialdndustrial sq. ft. Payment is due at time o ermit issuance. A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G.X3 1dingAdnrin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 - 4 - Exhibit "A" - Ordinance No. 3955 ELECTRICAL PERMIT FEES (714) 536-5241 T Permit Processing Charge Flat Fee $30.00 Inspection Fee (Min) Minimum fee charged (Sq. Ft Calculation or Item $28.00 Calculation) in addition to the Processing Charge Inspection Fee (Sq. Ft.) Per Square Foot in lieu of listed items. (New single and $.12 multiple -family residential buildings including additions OR and attached garages) Minimum $30.45 Inspection Fee (Items) Each service meter. Per AMP Charge. $.62 (Minimum $30.45) Each sub -panel $30.00 Each self-contained, factory -wired, approved unit such as $16.00 cooking appliances, home appliances, heating appliances, HVAC units, vegetable cases, drinking fountains, etc. (2-HP Max) . Over 2-HP, see generators, motors and transformers) Lighting Fixtures (each): • 1-50 • Each additional fixture • Each pole with fixtures $2.50 $1.25 $16.00 Generators, Motors and Transformers: • H.P., W, or KVA Rating of equipment up to and including two (2) • Over two (2) and not over ten (10) • Over ten (10) and not over fifty (50) • Over fifty (50) $16.00 $30.00 $65.00 $155.00 Receptacle and Switch Outlets: • First fifty (50), each • Each additional outlet $2.50 $1.25 Each section. of track lighting or multiple outlet assembly $8.00 Fuse Up $40.00 Temporary Service: • Each temporary construction pole (including lights $65.00 and outlets for outdoor lot use) • Each sub -pole with panel $30.00 Signs at each address: • 1 " Sign at one address • Each additional sign at same address $155.00 $65.00 Each misc. item regulated by the Huntington Beach $30.00 Electrical Code where no fee is listed Photovoltaic — solar $0.00 Photovoltaic — with battery backup and emergency $0.00 circuitpanel Electrical Plan Review Collected at time of plan review submittal and assessed 75% A % of Inspection Fees ($53 .00 minimum) Reviews in excess of 3 submittals A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GABufldftg&dmiufWeb/Fee Schedule 09/17109-doe Effective 08117109 Exhibit "A" - Ordinance No. 3955 MECHANICAL PERMIT FEES (714) 536-5241 R M= Permit Processing Flat Fee $30.00 Charge Inspection Fee (Min Minimum fee charged in addition to the Processing Charge $28.00 Inspection Fee (Items) Installation or relocation of each furnace, including ducts $60.00 and/or vents attached to such appliance (includes incidental electrical). Each Fire and/or Smoke Damper $26.00 Relocation or replacement of each appliance vent not included $26.00 in an appliance item also permitted • HVAC Duct Extension/Relocation for 1-10 ducts $3 8.00 • Each additional duct $5.00 Installation or relocation of each boiler to and including 15 hp $65.00 or compressor to and including 5 tons, including attached ducts and/or vents Installation or relocation of each boiler over 15 hp or $155.00 compressor over 5 tons, including attached ducts and/or vents Each evaporative cooler (non -portable e) $31.00 Exhaust fan connected to a single environmental air duct. $16.00 (Includes residential cooking hoods). Each Air -Handling unit not part of a factory -assembled $31.00 appliance Each ventilation system less than or equal to 10,000cfm which $31.00 is not a portion of any heating or air conditioning system authorized by a permit Each ventilation system more than 10,000cfm which is not a $65.00 portion of any heating or air conditioning system authorized by a permit Hood served by mechanical exhaust including duct/fan $65.00 Miscellaneous items including all factory -built stoves, ovens, $31.00 cook tops, etc. Factory Built Fireplaces $31.00 Each low pressure Gas -Piping system up to .5 psi $25.00 Each medium or high pressure Gas Piping system, exceeding $85.00 .5 psi Each misc. item regulated by the Huntington Beach $31.00 Mechanical Code where no fee is listed Mechanical Plan Review Collected at time of plan review submittal and assessed @ % 81 % Fee of Inspeon, Fees- ($53.00 Minimum A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G-1BmldingAdmin/Web/Fee Schedule 08117/09.doe Effective 08/17/09 - 6 - Exhibit "A" - Ordinance No. 3955 PLUMBING PERMIT FEES (714) 536-5241 Permit Processing Charge Flat Fee $31.00 Inspection Fee ) Minimum fee charged in addition to the Processing Charge $28.00 Inspection Fee Plumbing Plan Review Each Plumbing Fixture $28.00 Each Building Sewer $55.00 Rainwater Systems — er drain $14.00 Each Water Heater and/or Vent $28.00 j Each Low Pressure Gas -Piping System, up to .5 psi $25.00 Each Medium or High Pressure Gas Piping System, exceeding .5 psi $85.00 Each Waste Interceptor or each Kitchen Grease Trap $55.00 Installation or alteration of water piping, including vacuum breakers or backflow devices $55.00 Water Treating Equi2ment $28.00 Sump Pumps (sewage or rainwater $28.00 Medical Gas Systems 1 to 5 outlets • Each additional outlet $185.00 $18.00 Each misc. item regulated by the Huntington Beach Plumbing Code where no fee is listed $28.00 Collected at time of plan review submittal & assessed @ % of inspection fees ($53.00 Minimum 76% In excess of 3) submittals $106/hr SWIMMING POOL PERMIT FEES Permit Processing Charge Flat Fee $30.00 Inspection Fee (Min) Minimum fee charged in addition to Processing Charge $28.00 Pre -Inspection Fee Collected at time of building plan review submittal $85.00 Inspection Fee (Building) Based upon Project Valuation Table construction costs per s . ft. to determine project valuation. 1.00x Table Inspection Fee (Electric) Electrical Items $85.00 Above Ground Spas, refer to Electrical Permit Items See Electrical Inspection Fee (Plumb) Plumbing Items $80.00 Above Ground Spas, refer to Plumbing Permit Items See Plumbing Building Plan Review Collected at time of building plan review submittal & assessed % of building inspection fee ($110.68 Minimmn) 79% Planning Plan Review: Collected at time of building plan review submittal & assessed % of buildin in ection fee 20% A 4.0% Automation Fee wiil be added to all fees listed pursuant to Resolution 2009-32 GABuildingAdmin/Wcb/Fee Schedule 08/17/09.doc Effective 08/17/09 - 7 - Exhibit "A" - Ordinance No. 3955 o� a SOLAR ENERGY PERMIT FEES (714) 536-5241 Permit Processing Charge Flat Fee $0.00 Inspection Fee (Min) Minimum fee charged in addition to the Processing Charge $0.00 Inspection Fee (Items) Each appliance or piece of equipment regulated by the $0.00-see Huntington Beach Solar Energy Code Spec Services Solar Plan Review Fee Collected at time of plan review submittal and assessed @ % 0% See of Inspection Fees Special Services A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 G:1BuadingAdmin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 - 8 - Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH Public Works Fee Schedule Development Related effective 8/16/09; resolution # 2009-32 `si �= ..'.:«,L.S �• — '.�. �>.,.� —Zc^,. ':�^:w�a�r'"3:,(j- ��.n ...�' _,.'w., '�'..'?�c.. .. �? .•.•a.�:."!` .'^kf .�Yf Bond reduction (partially completed $1,150 + FBR (Fully Developer request to reduce bondL projects) Burdened Rate) amounts due to progress made in improvements. Cash bond processing $240 Public Works Fee Inspection and preparation of fist & plus $75 Treasury Fee calculate deposit amount for early occupancy. 150% of cost of incomplete improvements + processing fee Construction Water $110 Non -metered water used during construetien/per unit Drainage Fees -Ordinance # 3741 dated 09- $13,880 per acre Enhancing drainage system capability. 06 Dock Construction Plan Review/Inspection $540 Review, plan check, issue permit & inspect docks Encroachment Permit $115 flat fee + public Review plans, coordinate permit improvement inspection approval. Check City & State license & fee of 8% construction current insurance. Separate fee 8% cost costs of improvements. Loose materials stored on public right-of-way is obstruction permit Encroachment Permit (Utility Company) $275 Plan check utility plans and review other plans for compatibility. Encroachment Permit Expired $80 Review construction progress, check with the inspector, extend or reissue encroachment permit Encroachment Permit Violation $195 Charge for working in R10/W without permit Excessive Plan Check> 3 reviews (per FBR Non-compliance with staff direction or sheet) special requests that require excessive staff time. Final Parcel Map Check $2,500 Deposit + FBR Review final parcel map to determine compliance with code requirements. Final Tract Map Check $2,200 Deposit + FBR Review final tract map to determine compliance with code requirements. Fire Hydrant Flow Analysis (1st run) $750 Run hydrant flow test on bydraulic model ire Hydrant Flow Analysis (each $140 additional run) 1 of 6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH _ Public Works Fee Schedule Develonment Related effective 8116/09: resolution # 2009-32 rsl�ngianC_e#cziaion U :... _ " `r'Review of proposed grading plans and inspection to ensure compliance with appropriate codes, standards, and approved condifions. (0-300 cubic yards) $4,000 Deposit+ FBR (301-5,000 cubic yards) $5,000 Deposit+FBR (5,001-10,000 cubic yards) $8,000Deposit +FBR (10,001-200,000 cubic yards) $10,000 Deposit+FBR (Over 200,000 cubic yards) $10,000 + $800 each additional 10,000 cubic yards Deposit + FBR For all: (Hadscape Plan Check) $1,000 Deposit+ FBR Plan check of hndscape improvements in addition to fee for grading plan check/inspection). For all: (Hardscape Inspection) $2,000 Deposit + FBR Inspection of hndscape improvements (in addition to fee for grading plan check/inspection). P. . M - Review landscape and plan to assure compliance with appropriate code requirements. Single Family Dwelling S495 Tract Map $1,000 CommercialQndustriaUMulti-Family $380 per sheet anil�tc � p b-Pt- ENRON' . , : � � ` ">= Inspection of new landscaping to ensure compliance to plans. 0 <or = 1,0M sq ft of landscape $235 each additional 1,000 sq ft of landscape $60 Residential Street Tree Only $60 Inspection per address. Lot Line Adjustment (PW) $550 Deposit + FBR Adjustment of lot lines on maps (a second fee is collected by Planning if their review is required) Obstruction Permit $155 For building materials right-of-way. Orange County Sanitation District Attached OCSD Connection fee Public Improvement inspection 8% of Improvement costs Inspection of public improvement. Public Improvement Inspection (after hours) $465 (4 hrs) or $880 (8 hrs). Holiday $565 (4 brs) or $1,125 (8 hrs) Inspection of public improvement after hours (minimum 4 hours) Public Improvement Inspection (utilities) $110 per hour Inspection of right-of-way utility work ii€bitctapvementpiahek _ _r _ _ .. Reviewing plans for infrastructure improvements that will become the City's responsibility upon completion of the Single Family Dwelling-1-2 sheets $4,000 Deposit+ FBR All Others < 3 Sheets $7,000 Deposit + FBR Public Works Reinspection $110 Reinspection when necessary (customer not prepared or installation incorrect) Recordation Fee $120 per sheet Adding As-Builts to record plans and GIS. A_Iics VTnor ao C_Lec Reviewing plans for minor and/or miscellaneous improvements. No Field Review. S300 With Field Review $430 2 of 6 Exhibit "A" - Ordinance No. 3955 CTI'Y OF 13UNTINGTON BEACH Public Works Fee Schedule Development Related effective 8/16109, resolution # 2009-32 Sewer Connection Fee (City) Attached Street Vacation (full) $3,900 Deposit+ FBR Prepare documents for abandoning all or a portion of a public right -of way. Street Vacation (summary) S900 Deposit+ FBR Street Lighting Plan Check $1,950 per sheet Survey Fee $23 per survey point Surveying and adding to GIS. Traffic Impact Fee $172 per trip end Traffic mitigation Traffic Signal Plan Check $3,945 per sheet Check plans for new installation Traffic Signs & Striping Plan Check $1,935 per sheet Check plans for new or revised signs/striping Traffic Control Plan Check $1,805 per sheet Project traffic control plans Water Capital Facilities Charge Attached Review the overload permit and check that the truck and load complies with the City's overload requirements. Also check requesned route, date, and time. (Fee is set by the State) Three day permit $16/single trip Temporary Permit $I6/single trip Annual Permit $90 Field verification (if required) $87 Damage to City Facilities FBR + materials with 2 Property damage hour minimum _ M-� . Plans and Specifications $ 10 plus cost of Project or department plans and specs reproduction. Standard Plans $15 per book City standard plans for construction and water items. Research Requests Fully Burdened Rate Review of soils reports, geotechnical (FBR) reports, traffic impact, shared parking analysis, or water qualify management plans. Time to pull and replace plans and records for customer research. Record Drawing Reproduction. Compact $23/drawing + $3/each Cost for research data collection and CD Disc (CD). additional drawing. creation. Record Drawing Reproduction: Paper $25/drawing + $8/each Cost for research data collection and Copy. additional drawing on printing. large format sheet. Residential Parking Permit Fee $23 for first/+ $6 for 2-4 Issuing annual renewal permits for (max 4) includes 2 free resident requested parking areas guest permits Residential Parking Permit Replacement $14 Replacement of lost parking permit. Residential Temporary Parking Permit $1 per sign Issuance of temporary permit for a special event. Storage Bin Permit $185 for five days $15.00 Review plans & coordinate permit each day thereafter approval with traffic & inspection. Large storage bins in right-of-way 3 of 6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH Public Works Fee Schedule Development Related effective 8/16/09, resolution # 2009-32 Block wall Maintenance FBR+ materials with 2 hrs Repairing block walls damaged in accidents Emergency Street Cleaning FBR+ materials with 2 hrs Emergency street cleaning within public right-of-way. Hazardous Material Clean -Up FBR+ materials with 2 hrs Emergency response to spilled loads of hazardous materials. Illegal Refuse Bin Impound $400 flat fee Impound 8 storage of bins violating our franchise agreement after 24-hour notice has been given. Illegal Storage Bin $200 Recycling Bin Permits $50 16 months Charge for having recycling bins within City limits. Includes reporting requirements Spilled Load Clean -Up -Non -Hazardous Hourly min 2 hrs plus Emergency response to spilled loads of costs non -hazardous materials (2 hour min). Tree/Shrub Overhang Abatement FBR with 2 hr minimum Weed Abatement $225 + costs Provide weed abatement to vacant properties. q Banner Hanging Service - PTL $265/banner Hanging banners on Main Street. Street Tree —Non -Permitted Removal $525 +. $50/caliber inch trucnk Q 48". Street TreeRequest (24" Box) S190 plus cost of tree Upgrade to 24" box Pennants (each) $311 pennant Installation and removal of pennant banners on street lights Temporary No parking permit $140.00 per permit plus Allows / prohibits temporary parking (Construction) $.75per sign Delinquent Shut-off $115 Turn off and turn on of service upon payment Delinquent Bill Tag $38 Delinquent water accounts the City is required to physically tag Same Day Turn -On Service (After Hours) $230 Tum on of water service on the same day if the request is made after 4pm. Same Day Turn -On Service (Regular $60 Turn on water the same day of request if Hours) during business hours_ Temp Meter Rental S115 Set or relocation of meter on hydrants Construction Water Meter Deposit $829 Water Capital Facilities Charge See Attached 4of6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH _ Public Works Fee Schedule _:.. :.,:.�.�.��, - .,. _.. �ser;�c _ i;3Yl'r1�6/.Q-9•�>.. n�3ol�: _-„�.._< Development Related effective 8/16/09, resolution # 2009-32 Stoanwater Permit Inspection $135 Required inspection for compliance with BMPs and NPDES permit $350 Charged upon completion of inspection. Industrial.High {annual inspection) To inspect and maintain records of facilities per NPDES permit Order No. R8-2009-0030, Industrial MediunA,, $250 Commercial $250 1=5tw� Single Family Dwelling Unit $2,202 Multiple FamilyDwefling Unit $1,801 _ i>�#sii',i"'" `�" `i3tot�'_ `_ � "' "e3er:�rz�se'(aiio : staff :" g: _ '•.u�va1etiE�)`� �.:Il"-"` �� %I- ;5r -- _ - �%��:� -_ - as gg- MR 3/4' 1 $2,503 1' 2 $5,006 1 Y2" 3 $7,509 2" 5 $12,517 3- 11 $27,537 4" Compound 17 $42,556 4" Domestic & Turbine 33 $82,610 6' Compound 33 $82,610 6" Domestic & Turbine 67 $167,721 8' Domestic 117 $292,885 10" Domestic 183 $455,483 kL tG i S __ -1 es/denda/ Develo ment Meter size & type EDUs Charge /4" 1 $2,700 V, 2 $5,398 1 1/2" 3 $8,099 2" 5 $13,497 11 $29,693 4" Compound 17 $45,838 4" Domestic & Fire Service 33 $89,077 6" Com ound 33 $89,077 6" FM 67 $180,853 8" FM 117 $315,818 10" FM 183 $493,972 Non --residential Development Parcels less than 10,000 sq ft Parcels 10,000 sq ft or greater $60 per usable unit $300 per acre or fraction thereof or - $60 per usable unit whichever is greater 5 of 6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON REACH Public Works Fee Schedule _ x Development Related effective 8/16/09; resolution # 2009-32 Orange County Sanitation District (OCSD) Capital Facilities Capacity Charge (CFCC) FY 2011 - 2012 Use Category Rate Basis Base Charge Commercial — Industrial Per 1,000 square feet' Low Demand Per 1,000 square feet $279.00' (min $3,341) Average Demand Per 1,000 square feet $1,734.00' (min $3,341) High Demand Per 1,000 square feet $4,118.001 (min $3,341 Ingle Family Residential (5FR)5 Per Each 5+ bedrooms, Bedrooms $3,976 3 Bedrooms $3,341 Bedrooms $2,705 1 Bedrooms $2,069 Multi — Family residential (MFR)6 Per Unit + Bedrooms Per Unit $3,61 3 Bedrooms Per Unit $2,97 2 Bedrooms Per Unit $2,33 1 Bedrooms Per Unit $1,670 Studio Per Unit $1,073 Bedroom Additions 2"d through 3rd room additions Per each $636 " bedroom addition Per each $635 51° bedroom addition Per each $667 6" bedroom addition No additional charge No additional charge 'Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $3,341.00 2 Low Demand connections are the following categories of Users: Nurseries; Warehouses; Churches; Truck Terminals; RV Parks; RV Storage Yards, Lumber/Construction Yams, Public Storage Build'mgs; and other facilities with restrooms, offices, lobbies and/or areas whose flow is similar in volume to these listed categories. Parting structures not connected to the sewer will not be charged. ' High Demand connections are the following categories of Users: Restaurants (including patios used for additional seating capacity), Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Restaurants, or Food Court Food Processing Facififies, Textile Manufacturers; and other dischargers whose flow is similar in volume to these listed categories. 4AII other connections are Average demand users including: Hotels, Strip Malls without restaurants, Music Halls without food facilities, Office Buildings, senior Housing with individual living units without kitchens but with common kitchen and wash pads. 5 Bedroom additions are considered a change of use and a CFCC must be paid. Bedrooms include: enclosed loft additions, bonus rooms that may be used as offices, workout rooms, media rooms, or libraries, or any other additions which could be potentially used as a bedroom. The classification of these additions will be reviewed and determined by County and City staff. Any detached building such as an addition over an existing garage or a new bullding with the same designation as mentioned above will be considered a separate living residence (SFR). 6MFR units consist of multiple units that receive one secured property tax bill such as apartments. Senior housing with individual living units that include a kitchen are considered MFR units. TStudio - one single room with no separating doors or opening leading to another part of the room (except for a bathroom). OCSD Rates effective 7/1/11 OCSD Fees 100.22110 Rev.3/15/12 JDM 6of6 Exhibit "A" - Ordinance No. 3955 EXMBIT "C" TO DEVELOPMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk (Space above for Recorder's use) This document is exempt from recording fees pursuant to Government Code Section 27383. AFFORDABLE HOUSING AGREEMENT RESTRICTIONS -RENTAL (DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY) This Affordable Housing Agreement Restrictions -Rental (Declaration of Conditions, Covenants and Restrictions for Property) (the "Declaration") is made as of 201, by and between DCO BEACH WALK LLC, a Delaware limited liability company (the "Developer" or the "Covenantor"), and the CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City"). RECITALS A. Developer is the owner of record of that certain real property located at 19891 and 19895 Beach Boulevard (the "Property"), in the City of Huntington Beach, County of Orange, State of California legally described in the attached "Exhibit A." B. The Developer seeks to develop an apartment project on the Property consisting of 173 dwelling units as more particularly set forth in the Site Plan Review No. 11-005 (Beach Walk Apartments) (the "Project"), all in accordance with the Beach and Edinger Corridors Specific Plan, as may be amended from time to time (the "Specific Plan") adopted by the City Council of the City (the "City Council' on March 1, 2010. C. The City imposed conditions of approval on the Project, in part that Developer provide affordable housing. As part of the plan to provide affordable housing, the City and Developer entered into that Development Agreement concurrently herewith, which Development Agreement requires as a condition that an Affordable Housing Agreement be executed requiring Developer to provide affordable rental units for a certain period of time. Specifically, the Development Agreement requires Developer provide seventeen (17) units within the Project available for rent to Moderate Income Households for a period of fifty-five (55) years as further defined herein.. The execution and recordation of this Declaration is intended to fully satisfy that condition. 22 M26565-00% 3060319.9 2 06a5112 -1- Exhibit "A" - Ordinance No. 3955 NOW, THEREFORE, the parties hereto agree and covenant as follows: 1. Affordability Covenants. Covenantor agrees for itself and its successors and assigns, and every successor to Coveaantor's interest in the Affordable Units, or any part thereof, that the Project approved by Site Plan Review No. 11-005 (Beach Walk Apartments), which consists of 173 units, 17 of which shall be designated as affordable and shall be held subject to this Declaration for fifty-five (55) years, as follows: (a) Qualified Households. Covenantor agrees to make available, restrict occupancy to, and to lease 17 units for the duration of the Affordability Period as defined herein. These 17 units may sometimes be referred to as an "Affordable Unit" or, collectively, the "Affordable Units." Each Affordable Unit shall be occupied by a Moderate Income Household. A "Moderate Income Household" means a Household whose gross income does not exceed the amount published annually by the California Department of Housing and Community Development in accordance with California Health and Safety Code Section 50093. As used in this Declaration, the term "Household" shall mean one or more persons, whether or not related, living together in an Affordable Unit that rent or lease any portion of the Affordable Unit. As used in this Declaration, the term "Area Median Income" shall mean the area median income for the County of Orange ("County") as published annually by the California Department of Housing and Community Development and determined in accordance with the U.S. Department of Housing and Urban Development criteria then in effect and published from time to time. For purposes of this Declaration, the qualifying limits shall be those moderate income limits for the County, as defined by California Health and Safety Code Section 50093 and set forth in Title 25, California Code of Regulations, section 6932, as that section may be amended, modified or recodified from time to time. If the California Code of Regulations is amended or modified during the term of this Declaration so that such regulations do not specify the area median income for the County, the City and Developer shall negotiate in good faith to determine an equivalent authoritative source which determines median income for the County As used in this Declaration, the term. "Covenantor" shall mean Developer, its successors and assigns, and every successor to Developer's interest in the Project, or any part thereof .All other capitalized terns not otherwise defined herein shall have the meanings commonly recognized in the affordable housing industry. (b) Duration. The term of this Declaration shall commence on the date that the final inspection for the eight (8t') Affordable Unit is approved by the City and will terminate on the date that is fifty-five (55) years thereafter ("Affordability Period"). (c) Income Qualification. On or before the date that is forty-five (45) calendar days after the California Department of Housing and Community Development publishes its annual income limits, Covenantor shall submit to the City a completed income computation and certification form, in such form as is generally used by City in administering its affordable housing program as may be amended from time to time. Covenantor shall certify that, to the best of its knowledge,- each Household is a Moderate Income Household. Covenantor shall obtain an income certification from each adult member of the Household and shall certify that, to the best of Covenantor's knowledge; the income of the Household is truthfully set forth . 2272/026565-0DU 3060319.9 aD625/12 -2- Exhibit "A" - Ordinance No. 3955 in the income certification form. Furthermore the Covenantor shall, on renewal of the annual. lease for the particular Affordable Unit, again obtain income certification from each adult member of the Household and, with Covenantor's annual recertification package, submit to the City a recertification form that shall certify, to - the best of Covenantor's knowledge, each Household is a Moderate Income Household. Covenantor shall verify the income certification of the Household in one or more of the following methods as specifically requested by City. (1) Obtain two (2) paycheck stubs from two (2) most recent pay periods for each adult member of the Household. (2) Obtain a copy of an income tax return certified to be true and complete for the most recent tax year in which a return was filed, for each adult member of the Household. (3) Obtain an income verification certification from the employer of each adult member of the Household. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Household receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by City, if none of the above forms of verification is available to Covenanter. If, at the time of the annual recertification of an eligible Household, the Household's income has increased above the income level permitted for a Moderate Income Household, the Household shall continue to be permitted to reside in such unit (subject to an increase in rent as allowed by applicable law), but the unit will no longer qualify as an Affordable Unit and Covenantor shall designate the next available unit of the same number of bedrooms as an Affordable Unit. 2. Determination of Affordable Rent for the Affordable Units. The rent for each Affordable Unit (the "Affordable Rent') shall be adjusted annually by the formula established by California Health and Safety Code Section 50053 upon the publication of revised Area Median Income (as defined in Section 1(a) above). This methodology sets the Moderate Income Rent at 1/12"' of 30% of 110% of the Area Median Income adjusted for family size appropriate to the Affordable Unit. As used herein, "adjusted for family size appropriate to the Affordable Unit" shall mean a household of 1 person in the case of a studio Affordable Unit a household of 2 persons in the case of a one -bedroom Affordable Unit, and a household of 3.persons in the case of a two -bedroom Affordable Unit. 3. Rental rates for the Affordable Rental Units must be set at levels affordable to Moderate Income Households as set forth herein.- Each year, after the income standards are published by the California Department of Housing and Community Development, the Affordable Housing Administrator will calculate the allowable rental rates. This rent schedule will then be transmitted to the Covenantor. 22MO26565-0004 30603199 a0625112 -3- Exhibit "A" - Ordinance No. 3955 COVENANTOR UNDERSTANDS AND KNOWINGLY AGREES THAT THE MA)HMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE- FAIR MARKET RENT LEVELS. COVENANTOR HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. ENANTOR'S INTITIALS In the event state law referenced herein is amended, the terms of this Declaration shall automatically be amended to remain consistent with State law. (a) Annual Report. Within sixty (60) calendar days after the end of each calendar year during the Affordability Period, Covenantor shall submit to City a report verifying Cove=tor's compliance with the provisions of this Declaration ("Annual Report"). Covenantor's final Annual Report shall be submitted to City within sixty (60) calendar days after the end of the Affordability Period, Each Annual Report shall identify the location of the Affordable Units for the applicable reporting period, the identity of each Household member occupying an Affordable Unit during any portion of such period, the income and family size of each such Household, the Affordable Rent for each of the Affordable Units, and the rent actually charged pursuant to the lease or rental agreement. If City prescribes a particular form to be utilized by Covenantor in preparing the Annual Report, Covenantor shall utilize said form, provided that it complies substantially with the foregoing requirements. 4. Non-Ditseri nbmtion Covenants. Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice 'or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit. Covenantor and its successors and assigns shall refrain from restricting the leasing of the Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, ethnic national or origin, age, family or marital status, handicap or disability, of any person. All such leases shall contain or be subject to substantially the following nondiscrimination or nonsegregation clause: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: — - -- Z272102656'4004 30603199 a06Z25.42 Exhibit "A" - Ordinance No. 3955 "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 5. Use Restrictions. During the Affordability Period, Covenantor shall be required to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit has knowledge of all terms and conditions of this Declaration by including in each and every lease and rental agreement a clause which incorporates this Declaration by reference and makes this Declaration a part of an attachment to such lease or rental agreement. In addition; during the Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain provisions that the Affordable Unit shall be occupied, used, and maintained as follows: (a) The Affordable Unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes; (b) Household Size. The number of persons that may occupy an Affordable Unit shall be based on unit size: Unit Size Household Size 0 bedroom (studio) 2 persons 1 bedroom 3 persons 2 bedrooms 5 persons (c) The Household shall not permit or suffer anything to be done or kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, and shall not impair the structural integrity thereof obstruct or interfere with the rights of other occupants, or annoy such occupants by reasonable noises or otherwise, nor shall any Household commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon; (d) The Household shall not sublease any or all part of the Affordable Unit without prior approval from City; (e) The Household shall comply with all of the lawful requirements of all governmental authorities with respect to the premises; (f) No person shall be permitted to occupy the premises for transient or hotel purposes; and 2272/026565-0004 3060319.9 a0625112 -5_ Exhibit "A" - Ordinance No. 3955 (g) The Household shall comply in all respects with this Declaration and any failure by the Household to comply with the terms of this Declaration shall be a default under the Household's lease or rental agreement. 6. Covenants for Benefit of City. All covenants without regard to technical classification or designation shall be binding for the benefit of the City and such covenants shall run in favor of City for the Affordability Period. The City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any such action at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these covenants may be entitled during the Affordability Period. 7. Binding on Successors and Assi_rns. The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on Covenantor and any successor to Covenantor's right, title, and interest in and to all or any. portion of the Project, for the benefit of and in favor of the City. All the covenants contained in this Declaration shall remain in effect for the Affordability Period, and shall automatically terminate and be of no further force or effect after such time. Upon expiration of the Affordability Period, City agrees to cooperate with Covenantor, at no cost to City in removing this Declaration of record from the Property. 8. Counterparts. This Declaration may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. 9. Applicable Law. (a) If any provision of this Declaration or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that any such invalid provision affects the consideration for this Declaration; and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. (b) This Declaration shall be construed in accordance with all applicable federal, state and local laws. [Signatures and Jurats to Follow], 2272/026565-0004 3060319.9 a06/25/12 -6- Exhibit "A" - Ordinance No. 3955 IN )ATnNESS WHEREOF, Covenantor and City have caused this instrument to be execuied on their behalf by their respective officers hereunto duly authorized as of the date set forth above. ATTEST: City Clerk f ur_roz6sss-WH 3W3199 06251U -7- "COVENANTOR" DCO Beach Walk LLC, a Delaware limited liability company By: DCO Beach LLC, a Delaware limited liability company Its: Managing Member By: DCO Realty, Inc., a Delaware corporation Its: So ember By: Title: ,4t,�l "CITY'' CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attcaey REVIE APPROVED: City Manager Exhibit "A" - Ordinance No. 3955 EXHIBIT "A" TO AFFORDABLE HOUSING AGREEMENT LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: BLOCK 1908 OF THE EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: THE NORTH HALF OF BLOCK 1808, EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLOITING FOR, DEVELOPING, PRODUCING, REMOVING AND MARKETING SAID SUBSTANCES, AS RESERVED IN AN INSTRUMENT RECORDED MAY 25, 1953 IN BOOK 2508, PAGE 200 OF OFFICIAL RECORDS. PARCEL C: AN EASEMENT FOR INGRESS AND EGRESS FOR PEDESTRIAN PURPOSES OVER A PORTION OF THE NORTH HALF OF BLOCK 1807 OF EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF BLOCK 1807; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF BLOCK 1807, SOUTH 89017'25" WEST 6.50 FEET TO A LINE PARALLEL WITH AND DISTANT 6.50 FEET WESTERLY OF THE EASTERLY LINE OF SAID BLOCK 1807; THENCE ALONG SAID PARALLEL LINE NORTH 00040'00" WEST 8.00 FEET TO A LINE PARALLEL WITH AND DISTANT 8.00 FEET NORTHERLY OF SAID SOUTHERLY LINE OF THE NORTH HALF OF BLOCK 1807; THENCE ALONG LAST SAID PARALLEL LINE NORTH 89017'25" EAST 6.50 FEET TO SAID EASTERLY LINE OF BLOCK 1807; THENCE 2272/026565-0004 306MM9 a0625/12 Exhibit "A" - Ordinance No. 3955 ALONG SAID EASTERLY LINE SOUTH 00004'00" EAST 8.00 FEET TO SAID SOUTHEASTERLY CORNER AND TRUE POINT OF BEGINNING. APN: APN 025-200-72 227VO26565-0004 3060319.9 a06I7.5112 -2- Exhibit "A" - Ordinance No. 3955 ACKNOWLEDGMENT State of Colorado / } County of =LUP !ai ) On v 1V 3 olZ , before me, (msettname and title ofthe africer) Notary Public, personally appeared 1Ikt7L1.9Aleo r . who proved to me on the basis of satisfactory/evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that heishe/they executed the same in i isler/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature 'k O 1A R y (Seal) t� — u�'• PUBLIC ' p ... State of California ) County of ) • before me, (mscrt name and titter of. the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (Seal) 22721026565-0004 3060319.9 a06WI M 16. Clarification to Resolution 2012-41 Regarding the City's Statutory Maximum Tax Override Recommended Action: Adopt Clarification to Resolution 2012-41 Regarding the City's Statutory Maximum Tax Override. Failed 2-4-1 (Harper, Dwyer, Hansen, Bohr no, Boardman absent) 17. Adopt Ordinance No. 3954 capping the Retirement Property Tax at the rate set for Fiscal Year 2012113 to pay for pre-1978 Employee Retirement Benefits Approved for introduction July 16, 2012 Recommended Action: Adopt Ordinance No. 3954, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 3.07 Relating to Capping the Retirement Property Tax at Fiscal Year 2012/13 Rates" to pay for pre-1978 Employee Retirement Benefits. Failed 2-4-1 (Harper, Dwyer, Hansen, Bohr no, Boardman absent) PUBLIC HEARING 18. Approve the 2012-13 Housing and Urban Development (HUD) Action Plan for the Community Development Block Grant (CDBG)/HOME Investment Partnership Program (HOME); and authorize the City Manager to sign the application for Federal Assistance Funds Recommended Action: A) Approve the 2012-2013 Housing and Urban Development (HUD) Action Plan for the Community Development Block Grant (CDBG)/HOME Investment Partnership Program (HOME); and, B) Authorize the City Manager to sign the federal assistance application and all other documents. 2 Speakers Approved 6-0-1 (Boardman absent) 19. Approve for introduction Ordinance No. 3955 approving Development Agreement No. 12-002 with DCO Beach Walk LLC (Developer) for the Beach Walk Apartments Project Planning Commission and Staff Recommended Action Approve Development Agreement No. 12-002 with findings for approval; and, approve for introduction Ordinance No. 3955, "An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach and DCO Beach Walk LLC (Developer)(Development Agreement No. 12-002)." 1 Speaker City Council / PFA Meeting August 6, 2012 Page 8 of 10 Approved 6-0-1 (Boardman absent) ADMINISTRATIVE ITEMS 20. Approve and authorize execution of contract agreements with Best Towing and Transportation Service, LLC, Mandic Motors, Inc. and Metro Pro Towing, Inc. for Police Directed Tow Services Recommended Action: A) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the City of Huntington Beach and John C. Vaughn, dba Best Towing Services for Police Directed Towing and Storage Services;" and, B) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the City of Huntington Beach and Mandic Motors for Police Directed Towing and Storage Services;" and, C) Approve and authorize execution by the Mayor and City Clerk of the "Agreement Between the City of Huntington Beach and Metro Pro Towing, Inc. for Police Directed Towing and Storage Services." Approved 6-0-1 (Boardman absent) ORDINANCES FOR INTRODUCTION 21. Approve for introduction Ordinance No. 3956 amending Chapter 2.28 of the Huntington Beach Municipal Code (HBMC) modifying the fringe benefits and expense allowances for City Council members Recommended Action: Approve for introduction Ordinance No. 3956, "An Ordinance of the City of Huntington Beach Amending Chapter 2.28 of the Huntington Beach Municipal Code Relating to City Council Compensation." Approved 4-2-1 (Shaw, Carchio no, Boardman absent) COUNCILMEMBER COMMENTS (Not Agendized) Shaw, Harper, Dwyer, Hansen, Carchio, Bohr reported ADJOURNMENT — 8:21 PM The next regularly scheduled meeting is Monday, August 20, 2012, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Council / PFA Meeting August 6, 2012 Page 9 of 10 City Of Huntington Beach 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk August 28, 2012 Harry Alcock, UDR 1745 Shea Center Drive, Ste. 200 Highlands Ranch, CO 80129 Dear Mr. Alcock: Enclosed for your records is a copy of the fully executed Ordinance No. 3955, which includes the fully executed and recorded Development Agreement and Affordable Housing Agreement Restrictions -Rental (Declaration of Conditions, Covenants and Restrictions for Property). Sincerely, JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand �s :S s y .V0A'11sQn1),C7N Aioi(_ i�)3 ��t1a�7rk Council/Agency Meeting Held: 81612.012— Deferred/Continued to:: App ved ❑ Conditionally Approved ❑ Denied Cit CI rk' igna e Council Meeting Date: August 6, 2012 Department Number: PL12-015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve for introduction Ordinance No. 3955 approving Development Agreement No. 12-002 with DCO Beach Walk LLC (Developer) for the Beach Walk Apartments Project Statement of Issue: Transmitted for your consideration is a request to enter into a Development Agreement between the City of Huntington Beach and DCO Beach Walk, LLC (developer) pursuant to approvals for the Beach Walk Apartments Project. The Beach Walk Apartments Project is a 173-unit multi -family apartment development approved on an approximately 3.2-acre site located at 19891 and 19895 Beach Boulevard across from the Newland Shopping Center. The Planning Commission approved Development Agreement No. 12-002 on July 10, 2012. Financial Impact: Not Applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: Approve Development Agreement No. 12-002 with findings for approval; and, approve for introduction Ordinance No. 3955 , "An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach and DCO Beach Walk LLC (Developer)(Development Agreement No. 12-002)." xB -487- Item 19. - 1 REQUEST, FOR COUNCIL ACTION MEETING DATE: 8/6/2012 1DEPARTMENT ID NUMBER: PL12-015 Planning Commission Action on July 10, 2012: THE MOTION MADE BY RYAN, SECONDED BY PETERSON, TO APPROVE DEVELOPMENT AGREEMENT NO. 12-002 WITH FINDINGS FOR APPROVAL AND FORWARD DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION CARRIED BY THE FOLLOWING VOTE: AYES: BIXBY, DELGLEIZE, MANTINI, PETERSON, RYAN, SHIER BURNETT NOES: NONE ABSENT: FARLEY ABSTAIN: NONE Alternative Action(s): The City Council may make the following alternative motions: 1. "Continue Development Agreement No. 12-002 and direct staff accordingly." 2. "Deny Development Agreement No. 12-002 with findings for denial." Analysis: A. PROJECT PROPOSAL: Applicant: Harry Alcock, UDR, 1745 Shea Center Drive, Suite 200, Highlands Ranch, CO, 80129 Location: 19891 and 19895 Beach Boulevard, Huntington Beach, CA 92648 (west side of Beach Boulevard between Utica Avenue and Adams Avenue) Development Agreement No. 12-002 represents a request to enter into a Development Agreement between the City of Huntington Beach and DCO, Beach Walk , LLC pursuant to approvals for the Beach Walk Apartments Project. The City is requiring the developer to enter into a development agreement to provide for affordable dwelling units pursuant to Section 2.2.3 of the Beach and Edinger Corridors Specific Plan (BECSP). Approved conditions also call for the development agreement to specify required traffic mitigation fees. The key points of Development Agreement No. 12-002 (ATTACHMENT NO. 2) include: - 5-year effective term (page 4, section 2) - Vests developer's right to construct project in accordance with the approved development plan pursuant to Site Plan Review No. 11-005, approved by the Director of Planning and Building on March 27, 2012 (pages 4 & 5, sections 3.1 & 3.2) - Provision of 17 affordable units (page 7, section 4) - Payment of in -lieu fees for fractional affordable unit (page 7, section 4) - Payment of traffic mitigation fees (page 5, section 3.2.2) Item 19. - 2 HB -488- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: PL12-015 I:M:Us] Kelaelflli!Q The Beach Walk Apartments Project site is located within the BECSP on an approximately 3.2-acre site across from the Newland Shopping Center currently developed with two office buildings. The approved project consists of 173 multi -family apartment units with a five -and - a -half level parking structure, leasing office, resident fitness and recreation areas and public open space. On March 27, 2012, the Director of Planning and Building approved Site Plan Review No. 11-005 for the Beach Walk Apartments Project subject to conditions and mitigation measures. C. PLANNING COMMISSION MEETING: The Planning Commission held a public hearing to consider Development Agreement No. 12- 002 at their regular meeting on July 10, 2012. Staff gave an overview presentation of the development agreement and the applicant provided verbal testimony in support of the draft development agreement. No other members of the public spoke during the public hearing. The Commission had no questions related to the development agreement. Development Agreement No. 12-002 was then approved by the Commission to forward the draft ordinance to the City Council. D. STAFF ANALYSIS AND RECOMMENDATION: Staff is recommending approval of the development agreement based on compliance with the plans, conditions of approval and mitigation measures approved for the Beach Walk Apartments Project. In addition, the development agreement conforms to the provisions of the BECSP and applicable goals and policies of the Huntington Beach General Plan. Consistency with the BECSP and General Plan The City is authorized pursuant to California Government Code Section 65864 et.seq. and Chapter 246 of the HBZSO to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. The objective of a development agreement is to provide assurances that an applicant may proceed with a project in accordance with existing policies and standards in place at the time of project approval. The City and developer desire to enter into a development agreement for the subject site in order to achieve the mutually beneficial development of the property and ensure that the project is developed in accordance with the approved project pursuant to Site Plan Review No. 11-005 and Section 2.2.3 of the BECSP. The development agreement would be effective for five years and vests the developer's right to construct the project pursuant to the terms of the agreement. Development Agreement No. 12-002 references the project pursuant to Site Plan Review No. 11-005, which complies with the BECSP development code, as approved by the Planning and Building Director on March 27, 2012. In addition, the development agreement is consistent with the General Plan land use designation for the site insofar as the approved project is consistent with the General Plan land use designation. The development agreement would conform to applicable goals and policies of the General Plan Land Use, Housing and Circulation Elements calling for the provision of diverse housing for all income levels and ensuring that development projects can be adequately accommodated by transportation infrastructure; HB -489- Item 19. - 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: PL12-015 utilities and services (Refer to Attachment No. 3 — Planning Commission Staff Report for specific goals and policies of the General Plan). Affordable Housing The project is required to provide affordable housing in accordance with the BECSP and conditions of approval for the project. Of the 173 total units, the project will provide 17 affordable units on -site. The project will also pay an in -lieu fee to account for the remaining 0.3 fractional unit. The 17 affordable units would be made available to moderate income households for which the City has a remaining need of 392 units for the 2008-2014 planning period. The development agreement stipulates these requirements in addition to a 55-year affordability period and the timing for which the affordable units shall be constructed. The development agreement also includes a separate affordable housing agreement exhibit to be recorded, which further specifies details of the affordable units including income requirements, household size and the timing for the affordability period to take effect. Traffic Fees The project is required to provide traffic mitigation fees in accordance with mitigation measures adopted pursuant to BECSP Program EIR No. 08-008. The traffic mitigation fees will provide for the project's fair share contribution to circulation system improvements necessary to mitigate traffic impacts resulting from implementation of the BECSP. The development agreement specifies the fee amount and timing for payment. The fees were determined by the City's Public Works Department — Transportation Division based on the project's uses and calculated based on the same methodology utilized for a recent City Council approved update to the City's development impact fees, including circulation system fees. However, at the time the project was approved, the fee update had not been approved by Council and therefore, the project was conditioned to include the traffic mitigation fees into the development agreement. E. SUMMARY: Staff recommends approval of Development Agreement No. 12-002 because it would: • Conform to applicable goals and policies of the General Plan and the provisions of the BECSP; • Conform to the provisions of Chapter 246 — Development Agreements of the Huntington Beach Zoning and Subdivision Ordinance; • Ensure development of the Beach Walk Apartments Project consistent with the conditions approved for Site Plan Review (SPR) No. 11-005 and applicable mitigation measures adopted for the BECSP Program EIR (EIR No. 08-008); and • Provide for the construction of needed affordable housing in the City of Huntington Beach. Environmental Status: The development agreement was included in the conditions of approval for Site Plan Review No. 11-005, which was determined to be consistent with the Beach and Edinger Corridors Specific Plan Program Environmental Impact Report (EIR No. 08-008) and is exempt from Item 19. - 4 xB -490- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: PE12-015 further environmental review pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Strategic Plan Goal: Enhance Economic Development Attachment(s): xB -491- Item 19. - 5 ATTACHMENT #1 Item 19. - 6 HB -492- ATTACHMENT NO. 1 SUGGESTED FINDINGS DEVELOPMENT AGREEMENT NO. 12-002 FINDING FOR APPROVAL — DEVELOPMENT AGREEMENT NO. 12-002: 1. The development agreement is consistent with the General Plan and Beach and Edinger Corridors Specific Plan (BECSP). Development Agreement No. 12-002 provides for the construction of the Beach Walk Apartments Project, which complies with the BECSP development code and was found to conform to the goals and policies of the General Plan as approved by the Planning and Building Director on March 27, 2012. The development agreement ensures the construction of 17 affordable housing units within the project in accordance with the provisions of the BECSP for a 55-year period. The development agreement is consistent with the following General Plan goals and policies: A. Circulation Element Goal CE 2: Provide a circulation system which supports existing, approved and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. B. Housinq Element Goal H 2: Provide adequate housing sites to accommodate regional housing needs. Goal H 3: Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. C. Land Use Element LU Goal 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the principles discussed below: a. Not applicable b. Vary uses and densities along the City's extended commercial corridors, such as Beach Boulevard. c. Increase diversification of community and local commercial nodes to serve adjacent residential neighborhoods. e. Intermix uses and densities in large-scale development projects. f. Site development to capitalize upon potential long-term transit improvements. g. Establish linkages among community areas, which may include pedestrian and vehicular paths, landscape, signage, other streetscape elements, open space, transitions, in form, scale, and density of development, and other elements. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The development agreement would ensure that the project is developed in accordance with the approved Beach Walk development plan, which provides a housing choice adjacent to an existing public transit route and provides an alternative for residents seeking to be within walking distance of work, services or commercial uses and reduce dependency on their automobile. The development agreement would guarantee that the project provides 17 on -site affordable housing units. These units would help the City to satisfy its affordable housing obligations while providing housing for moderate income households. The development agreement specifies the project's traffic mitigation fees, which would provide the project's fair share contribution for improvements to the circulation system that are necessary to mitigate cumulative traffic impacts from development within the BECSP. 2. Development Agreement No. 12-002 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and applicable provisions of the Huntington Beach Municipal Code. Chapter 246 of the HBZSO authorizes the City, pursuant to the California Government Code, to enter into binding development agreements in order to ensure that development may proceed in accordance with standards and policies in place at the time the project is approved. The Beach Walk Apartments Project does not propose subdivision of the property such that conformance to the Subdivision Map Act applies. 3. Development Agreement No. 12-002 will not be detrimental to the health, safety and general welfare of the surrounding properties nor will it adversely affect the orderly development of the property. The development agreement ensures that the project will be constructed in accordance with the BECSP development code and conditions of approval and applicable mitigation measures adopted pursuant to Site Plan Review No. 11-005 and Program Environmental Impact Report No. 08-008 for the Beach Walk Apartments Project. 4. The City Council has considered the fiscal effect of Development Agreement No. 12- 002 on the City and the effect on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Development Agreement No. 12-002 provides for the mutually beneficial development of the property pursuant to approvals for the Beach Walk Apartments Project, which would replace two existing office buildings with a 173 multi -family apartment development. The development agreement specifies the project's affordable housing obligations providing 17 on -site affordable units for a period of 55 years. It also ensures the payment of traffic mitigation fees to provide for the project's fair share contribution toward improvements to streets and intersections necessary to mitigate traffic impacts as a result of implementation of the BECSP. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ATTACHMENT #2 ORDINANCE NO. 3955 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND DCO BEACH WALK LLC (DEVELOPER) (DEVELOPMENT AGREEMENT NO. 12-002) WHEREAS, the Director of Planning and Building approved Site Plan Review No. 11-005 to develop an approximately 3.18-acre property located at 19891 and 19895 Beach Boulevard (Property) with 173 apartment units with a leasing office, fitness center, clubhouse and private and public recreation and open space areas (Project) pursuant to Beach and Edinger Corridors Specific Plan (BECSP); and The City Council adopted the Beach and Edinger Specific Plan in March 2010; and The City and Developer each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with the approved Site Plan Review No. 11-005 and Section 2.2.3 of the Beach and Edinger Corridors Specific Plan to achieve the mutually beneficial development of the Property. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The City Council hereby finds that the Development Agreement No. 12-002 conforms to Government Code Section 65864 et.seq. and that: a. Development Agreement No. 12-002 is consistent with the Huntington Beach General Plan and the applicable provisions of the BECSP; and b. Development Agreement No. 12-002 is consistent with Chapter 246 of - the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Huntington Beach Municipal Code; and C. Development Agreement No. 12-002 will not be detrimental to the health, safety and general welfare, and will not adversely affect the orderly development of the property because it is consistent with applicable land use regulations of the BECSP, mitigation measures adopted for the Project in accordance with EIR No. 08-008, and conditions approved for Site Plan Review No. 11-005; and d. The City Council has considered the fiscal effect of Development Agreement No. 12-002 on the City and the effect on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. 12-3391/81505 Ordinance No. 3955 SECTION 2. Based on the above findings, the City Council hereby approves Development Agreement No. 12-002 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 0 t h day of August , 2012. Mayor ATTEST: posk-i e��`JJW'4) ity Clerk Exhibit A: Development Agreement No. 12-002 w IlYP • • • o • uilding APPROVE FORM: r- /Cit�-Attorne , v 1, S_I ( 2 12-3391/81505 This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII II�Ifi�B � ��w� RECORDING REQUESTED BY AND 2012000497302 11:01 am 08/28/12 WHEN RECORDED MAIL TO: 65 404 Al 42 City of Huntington Beach 0.00 0.00 0.00 0.00 123.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, CA 92648 Attn: Director of Planning and Building SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE DEVELOPMENT AGREEMENT THIS DEVE OPMENT AGREEMENT ("Agreement") is made. in Orange County, California, as of 5 i , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (the "City"), and DCO BEACH WALK LLC, a Delaware limited liability company (the "Developer"). RECITALS A. The City is authorized pursuant to Government Code sections 65864 through 65869.5 and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 246 to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. B. Developer is the ownerof that certain real property located at 19891 and 19895 Beach Boulevard, in the City of Huntington Beach, County of Orange, State of California, more particularly described in the legal description attached hereto as Exhibit A and incorporated herein by this reference (the "Property") C. The City and Developer each desire to enter into this Agreement affecting the Property in conformance with Government Code section 65864 et seq. and HBZSO Chapter 246 in order to achieve the mutually beneficial development of the Property in accordance with this Agreement. D. The Developer seeks to develop an apartment project on the Property consisting of 173 rental units, as more particularly set forth in the Site Plan Review No. 11-005 (Beach Walk Apartments) approved by the City on March 27, 2012 (the "Project"). E. The Project is to be undertaken pursuant to the Beach and Edinger Corridors Specific Plan adopted by the City Council of the City (the "City Council") on March 1, 2010 (the "Specific Plan"). The City certified an environmental impact report for the Specific Plan (the "EIR"). The City has determined that the Project will not have any new or more severe potential adverse environmental impacts that were not considered in the EIR, and that under the California Environmental Quality Act and Sections 15162 and 15182 of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3), no further environmental review of the Project is required. 2272/026565-0004 3060319.9 a06125/12 This dwiment is Sol* for ft aMdd busieem of the City of Hun*q*m 83 OMWmPlated under Gomment Colt Sw-- 6103 tW a bs rasd fr&-. W dwp. This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder I l i l l l l l l l l l l l 111 l l l l l 11111111111111111111 l l l l l 1111111111111111111 1 1 1111 @0: 2012000497302 11:01 am 08/28/12 65 404 Al2 42 0.00 0.00 0.00 0.00 123.00 0.00 0.00 0.00 Exhibit "A" - Ordinance No. 3955 F. The City and the Developer each mutually desire to obtain the binding agreement of one another to permit and ensure that the Property is developed strictly in accordance with the provisions of this Agreement. G. This Agreement will benefit the Developer and the City by eliminating uncertainty in planning and providing for the orderly development of the Project. Specifically, this Agreement a) eliminates uncertainty about the validity of exactions to be imposed by the City, (2) provides for the construction of needed affordable housing, and (3) generally serves the public interest within the City and the surrounding region. H. The Planning Commission and City Council have each given notice of their intention to consider this Agreement, and have each conducted public hearings thereon pursuant to the relevant provisions of the Government Code. The City Council has found that the provisions of this Agreement are consistent with the, City's 1996 General Plan for development within the City, as amended (the "General Plan"), City zoning. ordinances, as amended, and the Beach and Edinger Corridors Specific Plan. The Planning Commission and City Council have also specifically considered the impacts and benefits of the Project upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Agreement is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region. I. On J u 1 y 10 , 2012, the Planning Commission held a duly noticed public hearing on this Agreement and recommended to the City Council that it approve this Agreement. J. On August 6 , 2012, the City Council held a duly noticed public hearing on this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Developer agree as follows: Definitions. 1.1 "Affordable Dwelling Units" shall mean each of the seventeen (17) Dwelling Units available for occupancy by Moderate Income Households at the Affordable Rent. 1.2 "Affordable Housing Agreement" shall mean that certain Affordable Housing Agreement Restrictions -Rental (Declaration of Conditions, Covenants and Restrictions for Property) in the form attached hereto as Exhibit C to be entered into by City and Developer, which Affordable Housing Agreement was approved as to form as part of this Agreement. The Affordable Housing Agreement shall also include any and all amendments or modifications thereto agreed to in writing by City and Developer. 1.3 "Affordable Rent" shall have the meaning set forth in the Affordable Housing Agreement. 22721026565-0004 -2- 3060319.9 a06P-5/12 Exhibit "A" - Ordinance No. 3955 1.4 "Applicable Rules" shall mean the following as they exist on the Effective Date: City's General Plan, the Specific Plan, Site Plan Review No. 11-005 (Beach Walk Apartments), and all other City zoning ordinances and other entitlements, development conditions and standards, public works standards, subdivision regulations, grading requirements, and provisions related to land development and building construction and governing the development of the Property in effect as of the Effective Date, including, without limitation, maximum height and size of buildings, provisions for dedication of land, density and intensity of use, growth management, environmental considerations, and design criteria applicable to the Project. Applicable Rules shall not include building standards adopted by the City for general application in the City. 1.5 "Area Median Income" shall mean the area median income for the County of Orange ("County) as published annually by the California Department of Housing and Community Development and determined in accordance with the U.S. Department of Housing and Urban Development criteria then in effect and published from time to time. For purposes of this Agreement, the qualifying limits shall be those limits for the County, as set forth in Title 25, California Code of Regulations, section 6932, as that section may be amended, modified or recodified from time to time. If the California Code of Regulations is amended or modified during the term of this Agreement so that such regulations do not specify the area median income for the County, the City and Developer shall negotiate in good faith to determine an equivalent authoritative source which determines median income for the County. 1.6 "City Council" shall mean the City Council of the City. 1.7 "City Manager" shall mean the City Manager of the City. 1.8 "County" shall mean Orange County. 1.9 "Developer" shall mean DCO Beach Walk LLC, a Delaware limited liability company, and any of its successors and assigns to the fee interest in the Property. 1.10 "Development Fees" means and includes all fees charged by the City in connection with the application, processing and approval or issuance of permits for the development of property, including, without limitation: application fees; permit processing fees; inspection fees; utility capacity fees; service or connection fees; library/cultural enrichment fees, traffic impact fees; development impact or major facilities fees; park fees; flood control fees; environmental impact mitigation fees; the fees charged by City in connection with a development project for the purpose of defraying all or a portion of the cost of migrating the impacts of the Project and development of the public facilities related to development of the Project; and any similar governmental fees, charges and exactions required for the development of the Project. 1.11 "Discretionary Actions" and "Discretionary Approvals" means those actions and approvals which require the exercise of judgment, or imposition of a condition or obligation, by any officer, employee, review board, commission or department of the City. Discretionary Actions and Discretionary Approvals are distinguished from activities or approvals which merely require any officer, employee, review board, commission or department of the City 2272/026565-0004 -3- 3060319.9 a06/25112 Exhibit "A" - Ordinance No. 3955 to determine whether or not there has been compliance with applicable statutes, ordinances, regulations or conditions of approval. 1.12 "Dwelling Unit" shall mean a place in the Project that is legally available to be rented by a person or family. 1.13 "Effective Date" means the date on which the ordinance approving this Agreement has been adopted by the City. 1.14 "Moderate Income Household" means persons and families whose gross incomes do not exceed the amount published annually by the California Department of Housing and Community Development in accordance with California Health and Safety Code Section 50093. 1.15 "Market Rate Rental Dwelling Unit" shall mean those Dwelling Units in the Project that are not Affordable Dwelling Units nor governed by the Affordable Housing Agreement. Paragraph 7.1. 1.16 "Periodic Review" shall have the meaning assigned to such term in 1.17 "Planning Commission" means the Planning Commission of the City. 1.18 "Project" shall mean the development of the Property pursuant to this Agreement and the Applicable Rules, including Site Plan Review No. 11-005 (Beach Walk Apartments). 1.19 "Specific Plan" shall mean the Beach and Edinger Corridors Specific Plan adopted by the City Council on March 1, 2010, as may be amended from time to time. All other capitalized terms not otherwise defined herein shall have the meanings commonly recognized in the affordable housing industry. 2. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and remain in effect for a term of five (5) years (the "Term"). Upon the expiration or termination of the term, this Agreement shall be deemed terminated and have no further force and effect. The expiration or termination of this Agreement shall not result in a termination of the Affordable Housing Agreement provided Developer elected to develop the Project and the Affordable Housing Agreement was executed by the parties pursuant to Paragraph 4 of this Agreement. Development of the Property. 3.1 General. The Developer agrees that the Property shall only be developed in accordance with the Site Plan Review No. 11-005 and any conditions and mitigation measures imposed on the Project through final approval of the Project, and the provisions of this Agreement. Notwithstanding anything set forth in this Agreement to the contrary, unless Developer proceeds with development of the Property, Developer is not obligated by the terms 2272/026565-0004 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 of this Agreement to affirmatively act to develop all or any portion of the Project, pay any sums of money, dedicate any land, indemnify any party, or to otherwise meet or perform any obligation with respect to the Project, except and only as a condition of development of any portion of the Project. 3.2 Vested Right to Develop the Project. 3.2.1 Applicable Rules and Development Standards. Subject to Paragraph 3.3, below and the limitations therein, the City hereby grants to the Developer the vested right to develop the Project on the Property in accordance with the Applicable Rules and this Agreement. Subject to Paragraph 3.3, below, any change in the Applicable Rules adopted or becoming effective after the Effective Date shall not be applicable to or binding upon the Project or the Property without Developer's consent which it may grant or withhold in its sole discretion. Subject to Paragraph 3.3, below, this Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under state law, the future exercise of the City's ability to regulate development of the Project. 3.2.2 Development Fees. During the Term of this Agreement, City shall not levy or require with respect to development of the Property any Development Fees except those in effect under City's ordinances or resolutions on the Effective Date of this Agreement and Developer shall not be subject to any increases in the existing Development Fees with respect to the Property except those increases set by automatic escalator in existence at the Effective Date of this Agreement. To this end, Developer shall only be obligated to pay the Development Fees set forth on Exhibit B attached to this. Agreement pursuant to ordinances and resolutions establishing said fees and the payment schedule set forth on Exhibit B. Nothwithstanding the Development Fee obligation above, the Developer agrees to pay the Traffic Impact Fees (i.e., the Circulation System Fee) set forth in Chapter 17.65 of the Huntington Beach Municipal Code and implementing resolutions as amended by the City, which Traffic Impact Fees for the Project are set forth on Exhibit B. Payment of the Traffic Impact Fee constitutes satisfactory mitigation for traffic impacts created by the proposed project as identified in Environmental Impact Report No. 08-008 Mitigation Measures 4.13-1 through 4.13-18. 3.2.3 Initiative Measures. Subject to Paragraph 3.3, below, the Developer and City intend that no moratorium or other limitation (whether relating to the rate, timing or sequence of the development of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, certificates of occupancy or other entitlements shall apply to the Project to the extent such moratorium or other limitation is inconsistent or conflicts with this Agreement. 3.3 Reservations of Authority. 3.3.1 Federal or State Laws. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to modify any of the Applicable Rules to the extent necessary to comply with applicable federal or state laws, codes or 2272/026565-0004 3060319.9 06125/12 Exhibit "A" - Ordinance No. 3955 regulations which preempt local jurisdiction including, by way of example, and without limiting the generality of the foregoing, the California Environmental Quality Act, all building codes, and any safety regulations, but such modifications shall be made only to the extent required thereunder; provided, however, that Developer does not waive its right to challenge or contest the validity of any such federal, state, or local laws, codes or regulations. 3.3.2 Emergency. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to apply to the Project any development moratorium, limitation on the delivery of City -provided utility services, or other generally applicable emergency rule, regulation, law or ordinance affecting land use: (1) which is based on genuine health and safety concerns (other than general growth management issues); (2) which arises out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor, City Council or City Manager of the City; and (3) which based upon its terms or its effect as applied, does not apply exclusively, primarily or disproportionately to the Projector the Property. 3.3.3 Project Completion. This Agreement and associated findings are based on the expectation that the Project will be constructed as follows: up to 156 Market Rate Rental Dwelling Units and 17 Affordable Dwelling Units will be completed such that. a certificate of occupancy/final inspection will be issued during the term of the Agreement. In the event the Project is not completed in the manner and time frame contemplated herein, this Agreement may be terminated by the City as provided herein, and any rights contemplated herein will no longer be in effect. 3.3.4 Public Health Concerns. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to apply to the Project any generally applicable rule, regulation, law or ordinance which does not affect the land use or development of the Project and which is based on concerns for the public health, safety or general welfare, including, but not limited to, building codes not otherwise preempted by State law. 3.3.5 New Engineering and Construction Standards. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to modify any of the Applicable Rules if the City adopts new and/or amended regulations governing engineering and construction and grading standards and specifications including, without limitation, any and all uniform codes adopted by the City, including local amendments to these codes pursuant to state law allowing for such amendments; provided that such codes are uniformly applied to all new development projects of similar type as the Project within the City and provided further that any such modifications to grading standards can only be imposed prior to grading and any such modifications to engineering or construction standards can only be applied prior to the initiation of construction. Such codes include, without limitation, the City's Uniform Housing Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code. 3.4 Cooperation and Indemnification. City agrees to cooperate with Developer in all reasonable manners in order to keep this Agreement in full force and effect. Notwithstanding the preceding sentence, in the event any legal action is instituted by a third 22721026565-0004 _ 3060319.9 a0625112 -6 Exhibit "A" - Ordinance No, 3955 party or other government entity or official challenging the validity of this Agreement, the City and Developer agree to cooperate in defending such action, with the Developer to indemnify the City pursuant to the terms of Paragraph 14(m) of this Agreement. In the event of any litigation challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless a court of competent jurisdiction orders otherwise. 4. Affordable Housing. The Project is subject to the requirement of providing a total of seventeen (17) Affordable Dwelling Units, all of which shall be rental units and must remain Affordable Dwelling Units for at least fifty-five (55) years. In lieu of providing ten percent (10%) of the total units of the Project as Affordable Dwelling Units (17.3 Affordable Dwelling Units) prior to final inspection on the seventeenth (17a') Affordable Dwelling Unit, Developer shall pay a fee to the City for such remaining fractional unit in an amount equal to Six Thousand Four Hundred Ninety Two Dollars ($6,492.00). The City and Developer agree as a condition precedent to .the issuance of a building permit for the Project that the Affordable Housing Agreement (attached hereto as Exhibit C) will be executed to memorialize the terms and conditions of the affordable housing components of the Project. The Project will include seventeen (17) Affordable Dwelling Units made available to and occupied. by Moderate Income Households at an Affordable Rent. Upon its execution by the parties, the Developer shall record the Affordable Housing Agreement, which is in favor of the City and assures that the affordability covenants run with the land and remain in effect for the affordability period. Provided Developer proceeds with the development of the Project as evidenced by the issuance of a building permit for the Project, the Developer agrees to comply with all terms and provisions of the Affordable Housing Agreement and its attachments and acknowledges that any default thereunder shall also constitute a default under this Agreement. If Developer elects to not proceed with the development of the Project prior to issuance of a building permit for the Project, then at Developer's election, the City and Developer shall terminate this Agreement and remove and record a notice of termination of the requirements herein. Prior to approval of a Final Inspection for any phase of units for the Project, Developer shall have completed construction and shall have received all required Final Inspections for rental Affordable Dwelling Units equal to, on an aggregate basis, at least ten percent (10%) of the total units then being made available to the public for rental. For example, if Developer received all required Final Inspections on 45 units in the Project in the first phase, 6 of which were Affordable Dwelling Units, and then is requesting Final Inspection on 47 more units for the second phase, Developer shall have completed construction and shall have received all required Final Inspections for at least 4 more Affordable Dwelling Units, for a total of 10 Affordable Dwelling Units out of 92 total units. Concurrent with the Final Inspection for the final phase of units consisting of the 156a' Market Rate Rental Dwelling Unit, Developer shall have completed construction and shall have received required Final Inspection for all 17 Affordable Dwelling Units. 5. Extension of Project Approvals. Unless a longer term would result under otherwise applicable state law, the term of any permits approved as part of the Project approvals shall be automatically extended for the term of this Agreement. 2272/026565-0004 -7- 3060319.9 a06l25112 Exhibit "A" - Ordinance No. 3955 6. Subsequent Discretionary Action and Approval. The City agrees not to unreasonably withhold, condition or delay any Discretionary Action or Discretionary Approval or other action or approval by the City which may be required by the Project subsequent to the execution of this Agreement. Upon the filing of a complete application and payment of appropriate processing fees by Developer, the City shall promptly commence and diligently schedule and convene all required public hearings in an expeditious manner consistent with the law and process all Discretionary Actions and Discretionary Approvals in an expeditious manner. 7. Compliance Review. 7.1 Periodic Review. Pursuant to Government Code section 65865.1, the City Manager or his or her designee shall, not less than once in every twelve (12) months, review the Project and this Agreement to ascertain whether or not the Developer is in full compliance with the terms of the Agreement (the "Periodic Review"). 7.2 Review Procedure. During a Periodic Review, Developer shall provide information reasonably requested by the City Manager or his or her designee that the Project is being developed in good faith compliance with the terms of this Agreement. If, as a result of a Periodic Review, the City finds and determines on the basis of substantial evidence that the Developer has not complied in good faith with the terms or conditions of this Agreement, the City shall issue a written "Notice of Non -Compliance" to the Developer specifying the grounds therefore and all facts demonstrating such non-compliance. The Developer's failure to cure the alleged non-compliance within sixty (60) calendar days after receipt of the notice, or, if such noncompliance is not capable of being cured within sixty (60) calendar days, the Developer's failure to initiate all actions required to cure such non-compliance within sixty (60) calendar days after receipt of the notice and completion of the cure of such non-compliance within one hundred twenty (120) calendar days, shall constitute a default under this Agreement on the part of the Developer and shall constitute grounds for the termination of this Agreement by the City as provided for below. If requested by Developer, City agrees to provide to Developer a certificate that Developer is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto. 7.3 Termination or Modification for Non -Compliance. Pursuant to Government Code section 65865.1, if the City Council finds and determines, on the basis of substantial evidence, that the Developer has not complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. Any action by the City with respect to the termination or modification of this Agreement shall comply with the notice and public hearing requirements of Government Code section 65867 in addition to any other notice required by law. Additionally, the City shall give the Developer written notice of its intention to terminate or modify this Agreement and shall grant the Developer a reasonable opportunity to be heard on the matter and to oppose such termination or modification by the City. 2272/026565-0004 3060319.9 a06C_>5112 -g- Exhibit "A" - Ordinance No. 3955 8. Modification Amendment Cancellation or Termination. 8.1 Amendment and Cancellation. Pursuant to Government Code section 65868, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and the Developer or their successors in interest. Public notice of the parties' intention to amend or cancel any portion of this Agreement shall be given in the manner provided by Government code section 65867. Any amendment to the Agreement shall be subject to the provisions of Government Code section 65867.5. 8.2 Modification. The City Planning and Building Director, with the written consent of the Developer, may make minor modifications to the Agreement without the need for formal action by the City's Planning Commission or City Council as long as such modifications do not alter the Term of this Agreement, the permitted uses, density or intensity of uses, the maximum height or size of buildings, provisions for reservations or dedication of land, conditions, terms, restrictions and requirements relating to subsequent Discretionary Actions and Approvals, and monetary contributions by Developer. 9. Defaults Notice and Cure Periods Events of Default and Remedies. 9.1 Default By the Developer. 9.1.1 Default. If the Developer does not perform its obligations under this Agreement in a timely manner, the City may exercise all rights and remedies provided in this Agreement, provided the City complies with the notice and cure provisions in this Agreement. 9.1.2 Notice of Default. If the Developer does not perform its obligations under this Agreement in a timely manner, the City through the City Manager may submit to the Developer a written notice of default in the manner prescribed in Paragraph 14(a) identifying with specificity those obligations of the Developer under this Agreement which have not been timely performed. Upon receipt of any such written notice of default, the Developer shall promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of any such written notice of default and shall complete the cure of any such default(s) no later than sixty (60) calendar days after receipt of any such written notice of default, or if such default(s) is not capable of being cured within sixty (60) calendar days, no later than one hundred twenty (120) calendar days after receipt of any such written notice of default, provided the Developer commences the cure of any such default(s) within such sixty (60) calendar day period and thereafter diligently pursues such cure at all times until any such default(s) is cured. 9.1.3 Failure to Cure Default Procedure. If after the cure period provided in Paragraph 9.1.2 has elapsed, the City Manager finds and determines the Developer, or its successors, transferees and/or assignees, as the case may be, remains in default and that the City intends to terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, the City Planning and Building Director shall make a report to the Planning Commission and then set a public hearing before the Planning Commission in accordance with the notice and hearing requirements of Government Code sections 65867 and 65868. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence, that the Developer, or its successors, transferees and/or assigns, as the case 2272O26565-0004 -9- 3060319.9 a0625112 Exhibit "A" - Ordinance No. 3955 may be, has not cured a default under this Agreement pursuant to this Paragraph 9, and that the City shall terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, the Developer, and its successors, transferees and/or assigns, shall be entitled to appeal that finding and determination to the City Council. Such right of appeal shall include, but not be limited to, an objection to the manner in which the City intends to modify this Agreement if the City intends as a result of a default of the Developer, or one of its successors or assigns, to modify this Agreement. In the event of a finding and determination that all defaults are cured, there shall be no appeal by any person or entity. Nothing in this Paragraph 9 or this Agreement shall be construed as modifying or abrogating the City Council's review of Planning Commission actions or limiting the City's rights and remedies available at law or in equity, which shall include (without limitation) compelling the specific performance of the Developer's obligations under this Agreement. 9.1.4 Termination or Modification of Agreements. The City may terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, after such final determination of the City Council, where no appeal is taken, after the expiration of the applicable appeal periods described herein. There shall be no modifications of this Agreement unless the City Council acts pursuant to Government Code sections 65867.5 and 65868, irrespective of whether an appeal is taken as provided herein. 9.1.5 Lender Protection Provisions. 9.1.5.1 Notice of Default. In addition to the notice provisions set forth in Paragraph 9.1.2, the City shall send a copy of any notice of default sent to the Developer or any of its successors or assigns to any lender that has made a loan then secured by a deed of trust against the Property, or a portion thereof, provided such lender shall have (a) delivered to the City written notice in the manner provided in Paragraph 14(a) of such lender's election to receive a copy of any such written notice of default and (b) provided to the City a recorded copy of any such deed of trust. Any such lender that makes a loan secured by a deed of trust against the Property, or a portion thereof, and delivers a written notice to the City and provides the City with a recorded copy of any such deed of trust in accordance with the provisions of this Paragraph 9.1.5.1 is herein referred to as a "Qualified Lender." 9.1.5.2 Right of a Qualified Lender to Cure a Default. The City shall send a written notice of any Developer default to each Qualified Lender. From and after receipt of any such written notice of default, each Qualified Lender shall have the right to cure any such default within the same cure periods as provided to the Developer hereunder. If the nature of any such default is such that a Qualified Lender cannot reasonably cure any such default without being the fee owner of the Property, or the applicable portion thereof, (as reasonably determined by the City), then so long as the Qualified Lender(s) is (are) diligently proceeding (as reasonably determined by the City) to foreclose the lien of its deed of trust against the fee owner of the Property, or the applicable portion thereof, and after completing any such foreclosure promptly commences the cure of any such default and thereafter diligently pursues the cure of such default to completion, then such Qualified Lender shall have any additional sixty (60) calendar days following such foreclosure to cure any such default. 7.272/0265455-0004 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 9.1.5.3 Exercise of City's Remedies. Notwithstanding any other provision of this Agreement, the City shall not exercise any right or remedy to cancel or amend this Agreement during any cure period. 9.2 Default by the City. 9.2.1 Default. In the event the City does not accept, process or render a decision in a timely manner on necessary development permits, entitlements, or other land use or building approvals for use as provided in this Agreement upon compliance with the requirements therefore, or as otherwise agreed to by the City and Developer, or the City otherwise defaults under the provisions of this Agreement, subject to Paragraph 9.3, the Developer shall have all rights and remedies provided herein or by applicable law, which shall include compelling the specific performance of the City's obligations under this Agreement provided the Developer has first complied with the procedures in Paragraph 9.2.2. 9.2.2 Notice of Default. Prior to the exercise of any other right or remedy arising out of a default by the City under this Agreement, the Developer shall first submit to the City a written notice of default stating with specificity those obligations which have not been performed under this Agreement. Upon receipt of the notice of default, the City shall promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) no later than thirty (30) calendar days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided the City shall continuously and diligently pursue each remedy at all times until such default(s) is cured, provided, however, in no event shall the cure period exceed one hundred twenty (120) calendar days. In the case of a dispute as to whether the City is in default under this Agreement or whether the City has cured the default, or to seek the enforcement of this Agreement, the City and the Developer may submit the matter to negotiation/mediationpursuant to Paragraph 14(o) of this Agreement. 9.3 Monetary Damages. The Developer and City acknowledge that neither the City nor the Developer would have entered into this Agreement if either were liable for monetary damages under or with respect to this Agreement or the application thereof. Both the City and the Developer agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages which would adequately compensate the Developer for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify such exposure. Therefore, the City and the Developer agree that neither shall be liable for monetary damages under or with respect to this Agreement or the application thereof and the City and the Developer covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. This foregoing waiver shall not be deemed to apply to any fees or other monetary amounts specifically required to be paid by the Developer to the City pursuant to this Agreement, including, but not limited to, any amounts due pursuant to Paragraph 14(m). The foregoing is not intended to prohibit Developer from bringing any legal claim that Developer otherwise would have against City in the absence of this Agreement (i.e., non -contract claims and causes of action). 2272/026565-0004 -11- 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 10. Administration of Agreement and Resolution of Disputes. The Developer shall at all times have the right to appeal to the City Council any decision or determination made by any employee, agent or other representative of the City concerning the Project or the interpretation and administration of this Agreement. All City Council decisions or determinations regarding the Project or the administration of this Agreement shall also be subject to judicial review pursuant to Code of Civil Procedure section 1094.5, provided that, pursuant to Code of Civil Procedure section 1094.6, any such action must be filed in a court of competent jurisdiction not later than ninety (90) calendar days after the date on which the City Council's decision becomes final. In addition, in the event the Developer and the City cannot agree whether a default on the part of the Developer, or any of its successors or assigns, under this Agreement exists or whether or not any such default has been cured, then the City or the Developer may submit the matter to negotiation/mediation pursuant to Paragraph 14(o). 11. Recordation of this Agreement. Pursuant to Government Code section 65868.5, the City Clerk shall record a copy of this Agreement in the Official Records of the County within ten (10) calendar days after the mutual execution of this Agreement. 12. Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 13. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City, the Developer, and their respective successors and assigns. No other person or entity shall have any right of action based upon any provision of this Agreement. 14. Miscellaneous. (a) Notices. All notices which are allowed or required to be given hereunder shall be in writing and (1) shall be deemed given and received when personally delivered or (2) shall be sent by registered or certified mail or overnight mail service, addressed to the applicable designated person by one party to the other in writing, and shall be deemed received on the second business day after such mailing. If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Manager Tel. No.: (714) 536-5575 Fax No.: (714) 536-5233 22721026565-0004 -12- 3060319.9 a0625/12 Exhibit "A" - Ordinance No. 3955 If to Developer: DCO Beach Walk LLC clo UDR, Inc. 1745 Shea Center Drive, Suite 200 Highlands Ranch, CO 80129 Attn: Warren L. Troupe Copy to: Rutan & Tucker, LLP 611 Anton Blvd., Suite 14 Costa Mesa, CA 92626 Attn: John Ramirez, Esq. Tel. No. (714) 641-5100 Fax. No. (714) 546-9035 (b) Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of this Agreement unless the invalid provision is a material part of this Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. In the event any material provision of this Agreement is determined to be invalid, void or voidable, City or Developer may terminate this Agreement. (c) Entire Agreement. This Agreement represents the entire agreement between the City and the Developer with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the City and the Developer with respect to the matters contained in this Agreement. (d) Further Assurances. The City and the Developer agree to perform, from time to time, such further acts and to execute and deliver such further instruments reasonably necessary to effect the intents and purposes of this Agreement, provided that the intended obligations of the City and the Developer are not thereby modified. (e) Inurement and Assignment. This Agreement shall inure to the benefit of and bind the successors and assigns of the City and the Developer, and may be assigned by the Developer to any party or parties purchasing all or any part of the fee interest in the Property. The specific rights and obligations of this Agreement shall be deemed covenants running with the land that concern and affect Developer's fee, interest in the Property. The provisions of this Paragraph 14(e) require an assignment agreement whereby, upon the sale, transfer or,assignment of all or a portion of the Property to a party that acquires fee title to the Property or any portion thereof, the party that acquires fee title to the Property must assume all responsibilities and obligations of this Agreement for Developer to be released of all executory obligations under this Agreement that relate to the transferred property; provided, however, that Developer shall not be released from liability for any default of Developer committed prior to the date of the transfer. (f) Neg_ation of Agency. The City and the Developer acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document 2272/026565-0004 -13 - 3060319.9 a06I25l12 Exhibit "A" - Ordinance No. 3955 executed in connection herewith shall be construed as making the City and the Developer joint venture's, partners or employer/employee. (g) Attomey's Fees. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory relief, the prevailing party in such action or proceeding shall not be entitled to recover its court costs and reasonable out-of-pocket expenses. (h) Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. (i) Force Mai eure. Neither party hereunder. shall be deemed to be in default where delays or defaults are due to one or more of the following events, providing that any one or more of such event(s) actually delays or interferes with the timely performance of the matter to which it would apply and despite the exercise of diligence and good business practices and such event(s) are beyond the reasonable control of the party claiming such interference: war, terrorism, terrorist acts, insurrection, strikes, lock -outs, unavailability in the marketplace of essential labor, tools, materials or supplies, failure of any contractor, subcontractor, or consultant to timely perform (so long as Developer is not otherwise in default of any obligation under this Agreement and Developer is exercising commercially reasonable diligence to enforce its rights under its agreement with such contractor, subcontractor or consultant to cause such contractor, subcontractor or consultant to perform in accordance with such agreement), riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, or unusually severe weather. An extension of time for any such cause (a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of actual .knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date and the event commenced, and the estimated delay resulting therefrom. 0) Paragraph Headings. The paragraph headings contained in this Agreement are' for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. (k) Time of Essence. Time is of the essence of this Agreement, and all performances required hereunder shall be completed within the time periods specified. Any failure of performance shall be deemed as a material breach of this Agreement. (1) Counterparts. This Agreement and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document. 2272/026565-0004 -14- 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 (m) Indemnification. The Developer agrees, as a condition of approval of this Agreement, to indemnify, defend and hold harmless at the Developer's expense, the City, the City Council, and the City's agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of this Agreement, the Specific Plan or EIR, or to determine the reasonableness, legality or validity of any provision hereof or obligation contained herein- Developer also agrees to indemnify the City, the City Council, and the City's officials, agents and employees for any claims, acts or proceedings relating to the Project's affordable housing requirements, including, but not limited to, any challenge to the City's Housing Element to the extent arising from Developer's failure to comply with the Project's affordable housing requirements as set forth in this Agreement and the Affordable Housing Agreement. The indemnity described in this section is not subject to the provisions of Paragraph 3.1 providing that obligations cease if the Project does not go forward. The City shall promptly notify the Developer of any such claim, action or proceeding of which the City receives notice, and the City will cooperate fully with the Developer in the defense thereof. The Developer shall provide a defense to the City with counsel reasonably selected by Developer and City to defend both the City and Developer, and shall reimburse the City for any court costs which the City may be required to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding at its own expense, but such participation shall not relieve the Developer of the obligations of this Paragraph 14(m). (n) Hold Harmless Agreement. City and Developer mutually agree to, and shall hold each other and each of the other's elective and appointed councils, boards, commissions, directors, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for personal injury, including death, and from claims for property damage which may arise from the activities of the other's or contractor's, subcontractors, agents, or employees which relate to the Project whether such activities be by City or Developer, or by any of City's or the Developer's contractors, subcontractors, or by anyone or more persons indirectly employed by, or acting as agent for Developer, any of Developer's or the City's contractors or subcontractors. City and Developer agree to and shall defend the other and each of the other's elective and appointive councils, boards, directors, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. (o) Alternative Dispute Resolution Procedure. (1) Dispute. If a dispute arises concerning whether the City or the Developer or any of Developer's successors or assigns is in default under this Agreement or whether any such default has been cured or whether or not a dispute is subject to this Paragraph 14(o) (a "Dispute"), then such dispute shall be subject to negotiation between the parties to this Agreement, and if then not resolved shall be subject to nonbinding mediation, both as set forth below, before either party may institute legal. proceedings. 22721026565-0004 -15- 3060319.9 4625112 Exhibit "A" - Ordinance No. 3955 (2) Negotiation. If a Dispute arises, the parties agree to negotiate in good faith to resolve the Dispute. If the negotiations do not resolve the Dispute to the reasonable satisfaction of the parties within fifteen (15) calendar days from a written request for a negotiation, then each party shall give notice to the other party identifying an official or executive officer who has authority to resolve the Dispute to meet in person with the other party's designated official or executive officer who is similarly authorized. The designated persons identified by each party shall meet in person for one day within the 20-day period following the expiration of the 15-day period and the designated persons shall attempt in good faith to resolve the Dispute. If the designated persons are unable to resolve the Dispute, then the Dispute shall be submitted to non -binding mediation. (3) Mediation. (i) Within fifteen (15) calendar days following the designated persons' meeting described in Paragraph 14(o)(2), above, either party may initiate non -binding mediation (the "Mediation"), conducted by Judicial Arbitration & Mediation Services, Inc. ("JAMS") or other agreed upon mediator. Either party may initiate the Mediation by written notice to the other party. (ii) The mediator shall be a retired judge or other mediator, selected by mutual agreement of the parties, and if they cannot agree within fifteen (15) calendar days after the Mediation notice, the mediator shall be selected through the procedures regularly followed by JAMS. The Mediation shall be held within fifteen (15) calendar days after the Mediator is selected, or a longer period as the parties and the mediator mutually decide. (iii) If the Dispute is not fully resolved by mutual agreement of the parties within fifteen (15) calendar days after completion of the Mediation, then either party may institute legal proceedings. (iv) The parties shall bear equally the cost of the mediator's fees and expenses, but each party shall pay its own attorneys' and expert witness fees and any other associated costs in connection with the mediation. (4) Preservation of Rights. Nothing in Paragraph 14(o) shall limit a party's right to seek an injunction or restraining order from a court in circumstances where such equitable relief is deemed necessary by a party to preserve such party's rights. (p) Reference of California Law. Unless expressly. stated to the contrary, all references to statutes herein are to the California codes. (q). Interpretation. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this 22721026565-0004 3060319.9 a06Z/12 -16- Exhibit "A" - Ordinance. No. 3955 Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized [signatures on next page] 2272/026565-0004 -1 %- 3060319.9 a06M/12 Exhibit "A" - Ordinance No. 3955 IN WITNESS WHEREOF, the City and the Developer hereto have each executed this Agreement as of the date first written above. "DEVELOPER" DCO Beach Walk LLC, a Delaware limited liability company By: DCO Beach LLC, a Delaware limited liability company, its Managing Member By: DCO Realty, Inc., a Delaware corporation, its e ber By: Name. H4?61,�' /l-4 JUG Title: Jul ►/T e �i ,466417— City of Huntington Beach, a municipal corporation of the State of Califo "a Mayor APPROVED AS TO FORM r �Amey 2272,0265654004 _1 _ 30603M9 a06(25f12 Exhibit "A" - Ordinance No. 3955 ACKNOWLEDGMENT State of Colorado ? County of _ u-) 0-. ) On e� (V ' d�� before me, /�� li P 62 � J > (insertname and title of the officer) Notary Public, personally appeared 17ur"V Acor t who proved to me on the basis of satisfaevidence to be the person(s) whose names) is/are subscribed to the within instrument and achowledged to me that he%she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct WITNBSS my hand and official seal. iS i iGgT Signature G- : �O T A R y Seal) l — J,�. PUBoG O: .. . •.......•••''O�P���` OF CO ���� State of California ) '''���IIIIIII\\\\\\`\ County of�}iL1 On Act U7&t,5 A 1 / , before me, ;� Z-- �S Pkq.�? 2-4 _ /;.,oPrr na,T,r anrT title of the �ffic-.rl Notary Public, personally appeared AL.D /-. S©v � . hia -JUH&' ' Z �v who proved to me on the basis of satisfactory evidence to e the personCsy whose namet subscribed to the within instrument and acknowledged to me that hadexecuted the same in l /their uthorized capacity re and that by-his�ez4ke:ii--,�'signatureGon the instrument the persorlo or the entity upon behalf of which the persoro;acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �. (Seal) P. L. ESPARZA Commission # 1857021 Z Notary Public - California z Orange County M Comm. Expires Au 4, 2013 2272/026565-0004 3060319.9 460M Exhibit "A" - Ordinance No. 3955 EXHIBIT "A" TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: BLOCK 1908 OF THE EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: THE NORTH HALF OF BLOCK 1808, EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLOITING FOR, DEVELOPING, PRODUCING, REMOVING AND MARKETING SAID SUBSTANCES, AS RESERVED IN AN INSTRUMENT RECORDED MAY 25, 1953 IN BOOK 2508, PAGE 200 OF OFFICIAL RECORDS. PARCEL C: AN EASEMENT FOR INGRESS AND EGRESS FOR PEDESTRIAN PURPOSES OVER A PORTION OF THE NORTH HALF OF BLOCK 1807 OF EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF BLOCK 1807; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF BLOCK 1807, SOUTH 89017'25" WEST 6.50 FEET TO A LINE PARALLEL WITH AND DISTANT 6.50 FEET WESTERLY OF THE EASTERLY LINE OF SAID BLOCK 1807; THENCE ALONG SAID PARALLEL LINE NORTH 00"40'00" WEST 8.00 FEET TO A LINE PARALLEL WITH AND DISTANT 8.00 FEET NORTHERLY OF SAID SOUTHERLY LINE OF THE NORTH HALF OF BLOCK 1807; THENCE ALONG LAST SAID PARALLEL LINE NORTH 8901725" EAST 6.50 FEET TO SAID EASTERLY LINE OF BLOCK 1807; THENCE 2272/026565-0004 3060319.9 a06MI12 Exhibit "A" - Ordinance No. 3955 ALONG SAID EASTERLY LINE SOUTH 00004'00" EAST 8.00 FEET TO SAID SOUTHEASTERLY CORNER AND TRUE POINT OF BEGINNING. APN: APN 025-200-72. 2272/026565-0004 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 EXHIBIT "B" TO DEVELOPMENT AGREEMENT DEVELOPMENT FEE SCHEDULE BEACH WALK The Project shall be subject to all fees in effect as of June 1, 2012, including those fees specified herein and on the Planning and Building and Public Works Fee Schedules attached hereto. In no event shall Developer be charged any development fees that go into effect after the date of this agreement. Exhibit `B" and the fee schedules attached hereto are a list of known fees that are applicable to this project. However, the City reserves the right to charge any fee not on that list but in effect prior to execution of this Agreement but inadvertently left out of the exhibit. . Assumptions: Number of Units for Project: 173 0 v L'+., ..f C— o+;—r< 12nilraintr A raa• riq 7r%O Development Impact Fee Fee Law Enforcement Facilities No Fee Fire Suppression Facilities No Fee Public Library Facilities (including any fees Development — $0.44 per gross square foot related to library enrichment, development and (including garages) _ $TBD other library -related fees) Enrichment — $0.15 per gross square foot (including garages) = $TBD School Fees per School District (contact school district for additional information 714-536-7521 x 250) Park Land/Open Space & Facilities (including $0.86 per gross square foot (including garages) any Parks and Recreation -related fees) _ $TBD Circulation System Fee (Traffic Impact Fee) $1,220.35/unit = $211,120.55 Less Credit $ 2, 097.43 per 1, 000 b oss square feet of building area = $133,375.32 Beach and Edinger Corridors Specific Plan Fee $300/unit = $51,900 Utility Fees Storm Drainage Fee $13,880/gross acre = $TBD 2272/026565-0004 3060319.9 a06125/12 Exhibit "A" - Ordinance No. 3955 Orange County Sanitation District (OCSD) Studios at $1,073/unit; One -Bedrooms Units at Capital Facilities Capacity Charge (CFCC) $1,670/unit; Two -Bedroom Units at $2,337/unit = $TBD Less Credit $1, 734 per 1, 000 grass square feet of building area = $110, 559.84 Sewer Connection $1,501.00/unit = $311,573 Water Capital Facilities Charge — Residential Fee Based Per Water Meter at Rate Designated by Meter Size (see attached Public Works Fee Schedule - $TBD) .Less Credit —Non-residential $300/acre or fraction thereof All other Public Works fees See attached Public Works Fee Schedule Planning and Building Fees See attached schedules of Building Permit Fees and Planning and Building Fee Schedule LaIL =licable fees shall appl-4 2272/026565-0004 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 CITY:CQUNC.IL APPROVED JUNE`:15; 3609.'. ;. )EFFECTIYE`Uctobeca, 2011` G.- CO10'IISSION ACTIONS: Annexation Request 10000100.42480 $10,400 + fully burdened costs Coastal Development Permit** 42415 $6,602 Conditional Use Permit: New Residential 42420 9,989 Commercial/Industrial/Mixed Use less than %2 Block 42420 8,422 Alcohol, Dancing or Live Entertainment 42420 4,939 Mixed Use, %s Block or Greater 42420 18,510 Entitlement Continuance 42425 346 Development Agreement Full Hourly Cost Original Contract or Significant Amendment 42430 33,162 Dep + costs Minor Amendment 42430 19,418 Dep.+ costs Annual Review (Planning Commission Hearing) 42430 4,286 Annual Review (Administrative Review) 42430 3,388 Entitlement Plan Amendment New Hearing 42435 3,910 No Change to Conditions - Director Review 42440 2,274 General Plan Amendment — GPA Major 42445 46581 General Plan Amendment - GPA Minor 42445 24,890 General Plan Conformance 42445 5,096 Local Coastal Program Amendment 42450 14,003 Reversion to Acreage 42480 3,775 Special Permit 42480 3,162 each Tentative Tract Map 42460 23,896+30/lot Variance**** 42465 4,234 Zoning Map Amendment***** 42470 24,309 Precise Plan of Street Alignment 42480 16,546 Mobile Home Park Conversion Review 42470 37,148 Zoning Text Amendment -Major 42475 15,163 Zoning Text Amendment -Minor 42475 1 8,429 * Includes 4% automation fee I Plus costs for Notice of Publication, if applicable ** Coastal Development Permit reduced 50% when processed concurrently with a Conditional Use Permit, Tentative Map or Variance *** 50 percent of fee credited towards future entitlements •*** Variance fee reduced 50% when processed concurrently with a Conditional Use Permit * **** ZMA fee reduced 50% when processed concurrently with a General Plan Amendment Revised 10/0112011 Exhibit "A" - Ordinance No. 3955 ZONING 1VIIPIISTRATOR ACTIONS'.EEE* Coastal Development Permit** Single Family Dwelling All Others 10000100.42605 42605, 2,967 3,533 Conditional Use Permit Conditional Use Permit (Fences) 42610 42610 4,556 2,281 Entitlement Continuance 42615 260 Entitlement Plan Amendment New Hearing No Change to Conditions - Director Review 42620 42620 2,105 17519 Temporary Use Permit 42630 2,139+500 bond if applicable Tentative Parcel Map 42635 4,638 Tentative Parcel Map Waiver 42635 L 2,224 Tentative Tract Map 424601 7,714 + 30/lot Variance**** 42640 1 2,923 ENVIR9Nq ENTAL REV�W. I'EE Environmental Assessment 10000100.42705 $10,679 Historic Structures 42705 $ 5,242 Mitigated Negative Declaration 42705 3,215 (+ EA Study Fee) Mitigation Monitoring: 42705 Mitigated Negative Declaration 2,724 Environmental Impact Report 8% of EIR Environmental Impact Report (EIR)- 42710 99,922 Dep. + Consultant Prepared Costs Environmental Impact Report (EIR)- 42710 133,706 Dep. + Staff Prepared costs Department of Fish and Game (Fees change yearly — Fee as of 01/01/11) Negative Declaration/Mitigated Negative Declaration 2,044.00 Environmental Impact Report 2,839.25 Certified Regulatory Program CHECKS MADE OUT TO: COUNTY OF ORANGE and sent to County of Orange with NOD " Includes 4% automation fee 1 Plus costs for Notice of Publication, if applicable. *** 50 percent of fee credited towards future entitlements **** Variance fee reduced 50% when processed concurrently with a Conditional Use Permit Revised 10/01/2011 Exhibit "A" - Ordinance No. 3955 STAFF REVIEW AND SERVICES Address Assignment Processing 10000100.42755 $1,256/ ro'ect Address Change/Single Tenant Assignment 42755 255 Address Assignment — Meter only 42755 135 Administrative Permit 42820 List 1: Outdoor Dining, Eating and Drinking 42820 612 Establishments, Fence Extensions (<8% Personal Enrichment Services over 5,000 sq. ft., and Home Occupations List 2: Parking Reduction, Carts & Kiosks, Waiver of 42820 1,090 Development Standards, Non -conforming structure additions List 3: Privacy Gates, Game Centers, Accessory Dwelling 42820 1,451 Units, Manufactured Home Parks List 4: Personal Enrichment Services under 5,000. sq ft 0 Animal Permits 42820 215 Categorical Exclusion letter (coastal) 42820 260 CC&R Review 42760 1,254 Certificate of Compliance 42765 755 Design Review Board 42775 905 Extension of Time 42820 479 Final Parcel Map 42780 1,374 Final Tract Map_42780 1,962 Initial Plan, Zoning & Review (land use changes, zone 42785 357 changes, conceptual plans) Limited Sign Permit 42790 837 Lot Line Adjustment / Lot Merger 42820 551 Planned Sign Program Single User and Amendments to Existing Programs 42790 880 Multiple Users 42790 1,484 Preliminary Plan Review: *** Single Family Residential 42795 832 Multi -Family Residential (up to 9 units) 42795 1,986 Multi -Family Residential (10+ units) 42795 2,538 Non -Residential 42795 2,761 Sign Code Exce tion — Staff 42625 996 Sign Code Exception — Design Review Board 42625 1,934 Site Plan Review 42820 5,519 Temporary and Promotional Activity Sign Permit 42800 78 Temporary Sales/Event Permit 42805 281 Wireless Permit Applications 42810 "costs" Zoning Letter: Flood Verification 42810 78 Simple Staff Review 68 Zoning Letter Staff Review 151 Zoning Research/Information 42810 130/hr. (min. l hr.) Planning Consultation/Meeting Fee (per planner) 42810 115/hr. (min. 1 hr.} * Includes 4% automation fee *** 50 percent of fee credited towards future entitlements Revised 1010112011 Exhibit "A" - Ordinance No. 3955 APJP.JGALS.. FE+ E* , . To Planning Commission Single family owner appealing decision of own 10000100.42815 $1,917 property Others 42815 2,501 Appeal of Director's Decision (PC Public Hearing) 4281S 494 Appeal of Director's Interpretation (PC Non -Public) 42815 416 To City Council (file w/ City Clerk's Office) Single family owner appealing decision of own 42815 $1,763 property 42815 3,383 Others Ak�'ORI;BLE HCI�ISING. IN-�GIEU FEE Z00$ 3 Unit Projects x $8,140 = 42820 $24,420 4 Unit Projects x $9,150 = 42820 $36,600 5 Unit Projects x $10,170 = 42820 $50,850 6 Unit Projects x $11,180 = 42820 $67,080 7 Unit Projects x $12,200 = 42820 $85,400 8 Unit Projects x $13,230 = 42820 $105,840 9 Unit Projects x $14,240 = 42820 1 $128,160 (}THEit FEES: ��� Downtown Specific Plan Fee 42820 $831 per acre Outdoor Dining: 42820 License Agreement Application Fee 30 License Agreement Use Charge 0.01/sq.ft. License Agreement Code Enforcement Fee 4/sq. ft. Park and Recreation Fee (see attached) Traffic Impact Fee See Dept. of Public Works General Plan Maintenance Fee 42825 $1.85/$1,000 valuation of new construction * Includes 4% automation fee FAD- ONAL FEES MAY BE REQUIRED; ENTITLEMENTS FOR DEVELOPMENT INCLUDE INITIAL REVIEW OF PLANS AND ONE SUBSEQUENT REVISION SUBMITTAL. REVIEW OF PLANS IN EXCESS OF ONE REVISION SHALL BE CHARGED THE FULLY BURDENED HOURLY RATE. ALSO SEE DEPARTMENTS OF PUBLIC WORKS, FIRE, AND THE BUSINESS LICENSE DIVISION FOR ADDITIONAL FEES Revised 1010MOIi Exhibit "A" - Ordinance No. 3955 CITY COUNCIL APPROVED DUNE 17, 2002 EFFECTIVE DULY 17, 2002 Pursuant to City Council Ordinance No. 3562, and Resolution Nos. 20 02-5 6 and 2002-57 adopted on June 17, 2002, park in -lieu fees for residential developments involving a subdivision map are as follows: PROJECTS REQUIRING ASUBDIVISION MAP (2,09.00209.47118) Tract Map No./Parcel Map No: Park and Recreation Fee Formula Per Chapter 254: 5 (# units x 2.6n x Per acre value of project site* = Park In Lieu Fee 1,000 * Based on City -approved site -specific, appraisal of project site CITY.coUNCIIs APPROVED DECEMBER 16;:2002 EFFECTIVE DEC MBER 16,2002 Pursuant to City Council Ordinance No. 3596, and Resolution No. 2002-129 adopted on December 16, 2002, park fees for commercial and industrial developments and residential developments not requiring a subdivision map are as follows: PROJECTS NOT;REQUIRING A. SUBDIVISION .MAP (20900209 47280) ; Colrunercial and Industrial Floor Area = $0.23/square foot Residential Floor Area (includes garages) = $0.86/square foot Date Fees Paid: Plan Check No.: Receipt No.: Job Location: Tentative Tract Map No./Tentative Parcel Map No.: Revised 10101/2011 Exhibit "A" - Ordinance No. 3955 City of Huntington Beach l Department of Planning & Building i BUILDING PERMIT FEES 2000 Main Street, Huntington Beach, CA 92648 HUNTINGTON BEACH Office: (714) 536-5241 Fax: (714) 374-1647 Fee Type How Determined Rate Permit Processing Charge Flat fee @ Permit or Plan Review Submittal $30.00 Building Inspection Fees Based upon Building Valuation Table for construction costs per s . ft. to determine project valuation (Page 3). See Table Below Foundation or Partial Building Inspection Based upon Building Valuation Table for construction I costs per s . ft. to determine ro'ect valuation (Page 8). See Table Below PROJECT VALUATION TABLE Based on Building Valuation Data Published in the 2001 March -April Building Standards Magazine by the International Conference of Building Officials and local miscellaneous categories that have been surveyed Project Valuation Ins ection Fees $1 to $500 $55.00 $501 to $2,000 $55.00 for the first $500; plus $ 3.60 for each additional $100 or fraction thereof, to and Including $2,000 $2,001 to $25,000 $110.00 for the fast $2,000; plus '$ 16.18 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $483.00 for the first $25,000; plus $ 11.68 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $775.00 for the first $50,000; plus $ 8.80 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,180.00 for the first $100,000; plus $ 6.46 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,762.00 for the first $500,000; plus $ 5.49 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,000 and up $6,505.00 for the first $1,000,000; plus .$ 422 for each additional $1,000 or fraction thereof A 4:0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GABuildingAdmin/Web/Fee Schedule 08/17/09.doe Effective 08/17/09 - l Exhibit "A" - Ordinance No. 3955 10,119 OTHER BUILDING DEPT CHARGES (714) 536-5241 Fee T e How Determined Rate Building Plan Review Collected at time of building plan review submittal & assessed @ % of building inspection fee ($1 I0.68min.) 79% Exception: • Standard production units after the model unit has been reviewed @ % of building inspection fee 26% (changes to be reviewed on an hourly basis) Projects requiring review in excess of the following: Project Valuation # of Reviews $100,000 or less 2 $ 133.00 per $100,000 - $1,000,000 3 hour $ 1,000,00 1 — more 4 Refund ProcessingFee Minimum Fee Retained b Ci $ 00 Record Retention Fee Each sheet of permitted drawings $ 5.0 Each permit issued $1.50 Counter Staff Research: More than 10 minutes (estimate to complete} Hours x $73.OQ Rate (Minimum Charge) Copies from Microfilm (in 16mm or 35mm — I' copy $3.00 addition to Research) Each additional copy on same address or area $1.50 Copies Not on Microfilm (in. Each copy $0.10 addition to Research $100.00 Plan Review Extension Flat Fee $1 Building00.00 Permit Extension Flat Fee al See Special Building Relocation 2 Hour Minimum Services Inspection Investigation Fee -for work Equal to the amount of standard inspection fee for performed without a permit or permit to which it applies OR the actual time spent $250.00 inspection investigating, whichever is greater, but not less than Mimum. $250.00 minimum Re -inspection Flat fee 0.00 $ $30.00 Processing Fee Flat Fee (Change of contractor, owner, or Special inspector Program Permit Supplement Flat Fee, Plus $30.00 + (Issue Revised Permits, Adjust Microfilm Fee $1.50 + Permits, Admin. Permits, or Fee Schedule Line Items Line Items those NOT LISTED) inimum Inspection Fee does not apply) Expired Permits • Reactivate permit for projects that have been $32.00+ expired for LESS than—6months. lh New Inspect Fee • Reactivate permit for projects that have been $32.00+ expired for GREATER 6 months New Inspect Fee Recording & Release of Non- Fiat Fee $110.00+ $10.00 to Compliance due to Permit County Expiration & Similar Services Recorder A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 2 GABui7dingAdmin/Web/Fee Schedule 08/17/09.doe Effective 08/17/09 Exhibit "A" - Ordinance No. 3955 e� BUILDING PERMIT FEES CERTIFICATE OF OCCUPANCY (714) 536-5241 Fee Type How Determined Rate Certificate of Occupancy: • With Building Permit No Fee To verify proper use and . Modified Certificate w/out additional inspection or $30.00 terms of occupancy in new Administrative services and existing commercial and a Certificate with additional inspection services industrial buildings B & M Occupancies $100.0& All Other Occupancies $225.00 ® B & M Occupancies requiring services in excess of $10Q.00/hr. 75 minutes — additional • All Other Occupancies requiring services in excess $100.00/hr of 250 minutes - additional • Temporary Certificate (Actual fully burdened costs) B & M Occupancies $100.00min All Other Occupancies $225.00min BUILDING DEPT. "SPECIAL SERVICES" Fee Type How Determined Rate During Normal Work Hours: Counter Services Hourly (See Conditions, below) $75.00 Inspection Services Hourly See Conditions, below) $85.00 Plan Review Services Hourly See Conditions, below) $125.00 SupervisoryServices Hourly (See Conditions, below) $135.00 Outside Normal Work Hours: Counter Services Hourly See Conditions, below) $110.00 Inspection Services Hourly See Conditions, below $125.00 Plan Review Services Hourly See Conditions, -below) $190.00 Supervisory Services Hourly See Conditions, below) $200.00 a. The payment of such fees shall be in addition to other required fees. b. Where the special service is provided during normal work hours, the fee shall be based on the actual time expended, but not less than one-half (1/2) hour. c. Where the special service is provided as overtime between the hours of 6:00 AM and 8:00 PM on a normal work day, the fee shall be based on the actual time expended but not less than one (1) hour at the outside normal work hour rate. d. Where the special service is provided outside the hours of 6:00 AM to 8:00 PM on a normal work day or during any hours on a typical City day off, as provided in the City's current MOU, the fee shall be based on the actual time expended but not less than four (4) hours at the outside normal work hour rate. A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GABuildingAdminVeb/Fee Schedule 08/17/09.doe Effective 09/17/09 3 - Exhibit "A" - Ordinance No. 3955 Fe, dBUILDING PERMIT FEES COLLECTED FOR OTHER DEPARTMENTS c& AGENCIES AGENCY/Fee jLpe How Determined J Rate HB PLANNING DEPT. 714 536-5271 Planning Plan Review Collected at time of building plan review submittal & assessed @ % of building inspection fee 70% Exception: • Standard production units after the model unit has been reviewed @ % of building inspection fee 24% (changes to be reviewed on an hourly basis STATE OF CALIFORNIA State Tax (SMIP) Up to $5,000 valuation — Fee amount is fixed $0.50 Residential Over $5,000 valuation — Fee amount is Valuation x Rate $0.0001 Calif. State Tax (SNIP) Up to $2,381 Valuation — Fee amount is fixed $0.50 Commercial/Industrial Over $2,381 Valuation — Fee amount is Valuation x Rate $0.00021 HUNTINGTON BEACH LIBRARY Library Enrichment- Applied to all new development & additions which Residential increase existing sq. ft. by over 50% (including garage area) — Rate per sq. ft. Payment is due at time ofpermit $0.15 issuance Applied to all new development and additions — Rate per $0.15 Library Enrichment- Commercial/Industrial sq. & Payment is due at time ofpermit issuance. Library Development - Applied to all new development & additions which Residential increase existing sq. ft. by over 50% (including garage $0.44 area) — Rate per sq. ft. Payment is due prior to. final inspection but may be paid at time ofpermit issuance. Applied to all new development and additions — Rate per Library Development - Commercial/Industrial sq. ft. Payment is due at time of permit issuance. $0.04 Exceptions: • Warehouse on commercial/industrial Facilities • Government or public facilities is Churches, temples synagogues, and other buildings or structures used far religious worship Private schools which meet California Education Code Section 48222 requirements HB SCHOOL DISTRICT 714 536-7521 School District - Applied to new residential development and additions of Residential 500 sq. ft. or more (excluding garage area) — Rate per sq. $2.97 ft. School District - Applied to all new development and additions — Rate per - $0.47 Commercial/Industrial s . ft Payment is due at time ofpermit issuance. A 4.0% Automation Fee will be added to all fees Iisted pursuant to Resolution 2009-32 GABuildingAdmin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 - 4 - Exhibit "A" - Ordinance No. 3955 to ELECTRICAL PERMIT FEES (714) 536-5241 Fee T e How D.etermuied : Rate Permit Processing Charge Flat Fee $30.00 Inspection Fee (Min) Minimum fee charged (Sq. Ft Calculation or Item $28.00 Calculation) in addition to the Processing Charge Inspection Fee (Sq. Ft.) Per Square Foot in lieu of listed items. (New single and $.12 multiple -family residential buildings including additions OR and attached garages) Minimum $30.45 Inspection Fee (Items) Each service meter. Per AMP Charge. Minimum $30.45) $.62 Each sub -panel $30.00 Each self-contained, factory -wired, approved unit such as $16.00 cooking appliances, home appliances, heating appliances, HVAC units, vegetable cases, drinking fountains, etc. (2-HP Max) . Over 2-HP, see generators, motors and transformers) Lighting Fixtures (each): • 1-50 • Each additional fixture • Each pole with fixtures $2.50 $1.25 $16.00 Generators, Motors and Transformers: • H.P., kW, or KVA Rating of equipment up to and including two (2) • Over two (2) and not over ten (10) • Over ten (10) and not over fifty (50) • Over fifty (50) $16.00 $30.00 $65.00 $155.00 Receptacle and Switch Outlets: • First fifty (50), each • Each additional outlet $2.50 $1.25 Each section. of track lighting or multiple outlet assembly $8.00 Fuse U $40.00 Temporary Service: • Each temporary construction pole (including lights and outlets for outdoor lot use) • Each sub -pole with panel $65.00 $30.00 Signs at each address: • I" Sign at one address • Each additional sign at same address $155.00 $65.00 Each mist. item regulated by the .Huntington Beach $30.00 Electrical Code where no fee is listed Photovoltaic — solar $ 0.00 Photovoltaic — with battery backup and emergency $0.00 circuit panel Electrical Plan Review Collected at time of plan review submittal and assessed 75% % of Inspection Fees ($53.00 minimum) Reviews in excess of 3 submittals $106/hr A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GA13uildiWAdminMcb/Fee Schedule 08/17/09.doe Effective 08/17/09 5 Exhibit "A" - Ordinance No. 3955 F01B MECHANICAL PERMT FEES (714)536-5241 Fee'T` a Hoy 1Qeter>no.uued Permit Processing Flat Fee $30.00 Charge Inspection Fee (Min) Minimum fee charged in addition to the Processing Charge $28.00 Inspection Fee (Items) Installation or relocation of each furnace, including ducts $60.00 and/or vents attached to such appliance (includes incidental electrical). Each Fire and/or Smoke Damper $26.00 Relocation or replacement of each appliance vent not included $26.00 in an appliance item also permitted • HVAC Duct Extension/Relocation for 1-10 ducts $38.00 m Each additional duct $5.00 Installation or relocation of each boiler to and including 15 hp $65.00 or compressor to and including 5 tons, including attached ducts and/or vents Installation or relocation of each boiler over 15 hp or $155.00 compressor over 5 tons, including attached ducts and/or vents Each evaporative cooler (non:portable e) $31.00 Exhaust fan connected to a single environmental air duct. $16.00 (Includes residential cookie hoods). Each Air -Handling unit not part of a factory -assembled $31.00 appliance Each ventilation system less than or equal to 10,000cfm which $31.00 is not a portion of any heating or air conditioning system authorized by a permit Each ventilation system more than I0,000efin which is not a $65.00 portion of any heating or air conditioning system authorized by a permit Hood served by mechanical exhaust including duct/fan $65.00 Miscellaneous items including all factory -built stoves, ovens, $31-00 cook tops, etc. Factory Built Fireplaces $31.00 Each low pressure Gas -Piping system up to .5 psi $25.00 Each medium or high pressure Gas Piping system, exceeding $85.00 .5 psi Each mist. item regulated by the Huntington Beach $31.00 Mechanical Code where no fee is listed Mechanical Plan Review Collected at time of plan review submittal and assessed @ % 81% Fee of Inspection Fees ($53.00 Minimum A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GAtBuildingAdmin/web/Fee Schedule 08/17/09.doc Effective 08/17/09 - 6 - Exhibit "A" - Ordinance No. 3955 PLUNKING PERMIT FEES (714) 536-5241 aw Permit Processing Charge Flat Fee $31.00 Inspection Fee ) Minimum fee charged in addition to the Processing Charge $28.00 Inspection Fee Plumbing Plan Review Each Plumbing Fixture $28.00 Each Building Sewer $55.00 Rainwater Systems — per drain $14.00 Each Water Heater and/or Vent $28.00 Each Low Pressure Gas -Piping System, up to .5 psi $25.00 Each Medium or High Pressure Gas Piping System, exceeding .5 psi $85.00 Each Waste Interceptor or each Kitchen Grease Trap $55.00 Installation or alteration of water piping, including vacuum breakers or backflow devices $55.00 Water Treating Equipment $28.00 Sump Pumps (sewage or rainwater $28.00 Medical Gas Systems I to 5 outlets ® Each additional outlet $185.00 $18.00 Each misc. item regulated by the Huntington Beach Plumbing Code where no fee is listed $28.00 Collected at time of plan review submittal & assessed @ % of inspection fees ($53.00 Minimum 76% In excess of 3) submittals $106/hr SWIMMING POOL PERMIT FEES y Permit Processing Charge Flat Fee $30.00 Inspection Fee (Min) Minimum fee charged in addition to Processing Charge $28.00 Pre -Inspection Fee Collected at time of building plan review submittal $85.00 Inspection Fee (Building) Based upon Project Valuation Table construction costs per s . ft. to determine project valuation. I.0ox Table Inspection Fee (Electric) Electrical Items $85.00 Above Ground Spas, refer to Electrical Permit Items See Electrical Inspection Fee (Plumb) Plumbing Items $80.00 Above Ground Spas, refer to Plumbing Permit Items See Plumbing Building Plan Review Collected at time of building plan review submittal & assessed % of building inspection fee ($110.68 Minimum) 79% Planning .Plan Review: Collected at time of building plan review submittal & assessed % of building inspection fee 20% A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 GABuildin&Admin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 - 7 - Exhibit "A" - Ordinance No. 3955 SOLAR ENERGY PERMIT FEES (714) 536-5241. . � r Permit Processing Charge Flat Fee $0.00 Inspection Fee (Min) Minimum fee charged in addition to the Processing Charge $0.00 Inspection Fee (Items) Each appliance or piece of equipment regulated by the $0.00-See Huntington Beach Solar Energy Code Special Services Solar Plan Review Fee Collected at time of plan review submittal and assessed @ % 0% See of Inspection Fees Special Services A 4.0% Automation Fee will be added to all fees listed pursuant to Resolution 2009-32 &\BuildingAdmin/Web/Fee Schedule 08/17/09.doc Effective 08/17/09 - 8 - Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH Public Works Fee Schedule `" T3seX F`ees�$ecYive 6i� b1419,�resolu�ar� #�009-31_ _ . Develo ment Related effective 8/16/09; resolution # 2009-32 Vee cripix T+ae Des on_ Bond reduction (partially completed $1,150 + FBR (Fully Developer request to reduce bond Projects) Burdened Rate) amounts due to progress made in improvements. Cash bond processing $240 Public Works Fee Inspection and preparation of list & plus $75 Treasury Fee calculate deposit amount for early occupancy. 150% of cost of incomplete improvements + processing fee Construction Water $110 Non -metered water used during construction/per unit Drainage Fees -Ordinance 4 3741 dated 09- $13,880 per acre Enhancing drainage system capability. 06 Dock Construction Plan Review/Inspection $540 Review, plan check, issue permit & inspect docks Encroachment Permit $115 flat fee + public Review plans, coordinate permit improvement inspection approval. Check City & State license & fee of 8% construction current insurance. Separate fee 8% cost costs of improvements. Loose materials stored on public right-of-way is obstruction permit Encroachment Permit (Utility Company) $275 Plan check utility plans and review other plans for compatibility. Encroachment Permit Expired $80 Review construction progress, check with the inspector; extend or reissue encroachment permit Encroachment Permit Violation $195 Charge for working in R/O(W without permit Excessive Plan Check> 3 reviews (per FBR Non-compliance with staff direction or sheet) special requests that require excessive staff time. Final Parcel Map Check $2,500 Deposit + FBR Review final parcel map to determine compliance with code requirements. Final Tract Map Check $2,200 Deposit + FBR Review final tract map to determine compliance with code requirements. Fire Hydrant Flow Analysis (l st run) $750 Run hydrant flow test on hydraulic model Fire Hydrant Flow Analysis (each $140 additional run) 1 of 6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH Public Works Fee Schedule Tg-qgIser3s#fi�>ie bTiiSiQ7, r�sfitie�n21D-3` r,m...,.. .,+uei..+oa ofs ,.+:.,oQ/76/l►O• rnenlnfi�n ��.nn9.32 t$�rnianhee :Review of proposed grading plans and inspection to ensure compliance with appropriate codes, standards, and approved conditions. (0-300 cubic yards) $4,000 Deposit+ FBR (301-5,000 cubic yards) $5,000 Deposit+FBR (5,001-10,000 cubic yards) $8,000 Deposit +FBR .(I0,001-200,000 cubic yards) $10,000 Deposit +FBR (Over 200,000 cubic yards) $10,000 + $800 each additional 10,000 cubic yards Deposit+ FBR For all: (Hadscape Plan Check) $1,000 Deposit + FBR Plan check of hardscape improvements in addition to fee for grading plan check/inspection). For all: (Hardscape Inspection) $2,000 Deposit + FBR Inspection of hardscape improvements (in addition to fee for grading plan checklinspection). andsxp� PYan.Chec7c _ :_ j Review landscape and plan to assure compliance with appropriate code requirements. Single Family Dwelling $495 Tract Map $1,000 Comm ercialdndustriaUMuiti-Family $380 per sheet sur>scap ins epi3on , _ ` Inspection of new landscaping to ensure compliance to plans. 0 < or =1,000 sq ft of landscape $235 each additional 1,000 sq ft of landscape $60 , Residential Street Tree Only $60 Inspection per address. Lot Line Adjustment (P W) $550 Deposit + FBR Adjustment of lot lines on maps (a second fee is collected by Planning if their review is required) Obstruction Permit $155 For building materials right-of-way. Orange County Sanitation District Attached OCSD Connection fee Public Improvement Inspection 8% of Improvement casts Inspection of public improvement Public Improvement Inspection (after hours) S465 (4 hrs) or $880 (8 hrs). Holiday $565 (4 hrs) or $1,125 (8 hrs) Inspection of public improvement after hours (minimum 4 hours) Public Improvement Inspection (utilities) $110 per hour Inspection of right-of-way utility work Pubhcpxoueni ni Plan Check _ Reviewing plans for infrastructure improvements that will become the City's responsibility upon completion of the Single Family Dwelling-1-2 sbeets $4, 000 Deposit + FBR All Others < 3 Sheets $7, 000 Deposit + FBR Public Works Reinspection $110 Reinspection when necessary (customer not prepared or installation incorrect) Recordation Fee $120 per sheet Adding As-Builts to record plans and GIs. 31Fics il}InorI'IaiCLecic ,_ Reviewing plans for minor and/or miscellaneous improvements. No Field Review $300 With Field Review $430 2 of 6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH Public Works Fee Schedule USEL I�'ee8_LffECL�VE-bI�6�Eig�-resoln�i�u #2p1I9 31 ; _ na.ai,,.,.. ,-nt Related effective 8/16/09; resolution # 2009-32 Sewer Connection Fee (City) v Street Vacation (full) Attached $3,900 Deposit+ FBR Prepare documents for abandoning all or a portion of a public right -of way. Street Vacation (summary) $900 Deposit + FBR Street Lighting Plan Check $1,950 per sheet Survey Fee $23 per survey point Surveying and adding to GIS. Traffic Impact Fee $172 per trip end Traffic mitigation Traffic Signal Plan Check $3,945 per sheet Check plans for new installation Traffic Signs & Striping Plan Check $1,935 per sheet Check plans for new or revised signs/striping Traffic Control Plan Check $1,805 per sheet Project traffic control plans Water Capital Facrhhes Charge Attached Review the overload permit and check nleiOseL�e�ght;tiadmg _ I $16/single trip that the truck and load complies with the Three day permit $16/single trip City's overload requirements. Also check Temporary Permit $90 requested route, date, and time. (Fee is Annual Permit $87 set by the State) Field verification (if required) flz Damage to City Facilikes FBR + materials with 2 Property damage hour minimum i�GII�I'EI:cI�1T�: - Plans and Specifications -- $ 10 plus cost of Project or department plans and specs reproduction. Standard Plans $15 per book City standard plans for construction and water items. Research Requests Fully Burdened Rate Review of soils reports, geotechnical (FBR) reports, traffic impact, shared parking analysis, or water quality management plans. Time to pull and replace plans and records for customer research. Record Drawing Reproduction: Compact $23/drawing + $3/each Cost for research data collection and CD Disc (CD). additional drawing. creation. Record Drawing Reproduction: Paper $25/drawing + $8/each Cost for research data collection and Copy. additional drawing on printing. large format sheet. Residential Parking Permit Fee $23 for first/+ $6 for 24 Issuing annual renewal permits for (max 4) includes 2 free resident requested parking areas guest permits Residential Parking Permit Replacement $ I4 Replacement of lost parking permit. Residential Temporary Parking Permit $1 per sign Issuance of temporary permit for a special event. Storage Bin Permit $185 for five days $15.00 Review plans & coordinate permit each day thereafter approval with traffic & inspection. Large storage bins in right-of-way 3 of 6 Exhibit "A" - Ordinance No. 3955 Aevelooment Related effective 8/16/09; resolution 4#;4VW-s,4 Block wall Maintenance FBR+ materials with 2 brs Repairing block walls damaged in accidents Emergency Street Cleaning FBR+ materials with 2 Ins Emergency street cleaning within public right-of-way. Hazardous Material Clean -Up FBR+ materials with 2 brs Emergency response to spilled loads of hazardous materials. Illegal Refuse Bin Impound $400 flat fee Impound &storage of bins violating our franchise agreement after 24-hour notice has been given. Illegal Storage Bin S200 Recycling Bin Permits $50 / 6 months Charge for having recycling bins within City limits. Includes reporting requirements Spilled Load Clean -Up -Non -Hazardous Hourly min 2 hrs plus Emergency response to spilled loads of costs non -hazardous materials (2 hour min). 'Tree/Shrub Overhang Abatement FBR with 2 hr minimum ;Weed Abatement $225 + costs Provide weed abatement to vacant properties. Banner Hanging Service - PTL $265/banner lHanging banners on Main Street. Street Tree —Non -Permitted Removal $525 + $50/caliber inch trucnk @ 48". Street Tree Request (24" Box) S190 plus cost of tree Upgrade to 24" box Pennants (each) $3It pennant Installation and removal of pennant banners on street lights Temporary No parking permit $140.00 per permit plus Allows / prohibits temporary parking (Construction) $.75 per sign WATT:_ t Delinquent Shut-off $115 Turn off and turn on of service upon payment Delinquent Bill Tag $38 Delinquent water accounts the City is required to physically tag Same Day Turn -On Service (After Hours) $230 Turn on of water service on the same day if the request is made after 4pm. Same Day Turn -On Service (Regular $60 Turn on water the same day of request if Hours) during business hours. Temp Meter Rental $115 Set or relocation of meter on hydrants Construction Water Meter Deposit $829 Water Capital Facilities Charge See Attached 4 of 6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH Public Works Fee Schedule _ , ;� Wiser Eeese�t�e�i��,�6/t!-9; reso3n#to5��<2Ii09-_3I Development Related effective 8/16/U9; resolution P LUU9-32 1_AT I;F�i4>v Stormwater Permit Inspection $135 Required inspection for compliance with BMPs and NPDES permit $350 Charged upon completion of inspection. Industrial.fIigh (annual inspection) To inspect and maintain records of facilities per NPDES permit Order No. Medium/Low $250 ial $250 Al AM MN Single Family Dwelling Unit $2,202 Multiple Family Dwelling Unit $1,801 on?R�side�&t'`�.sed.ora�vater.lneler�rzeselatiot�sl��-'Its`. u�aieiif<f3weyi� I7tuY;€DI`J ..�:, -,-� .. _, -- 3/4" 1 $2,503 1 ° 2 $5,006 3 $7,509 2" 5 $12,517 3° 11 $27,537 4" Compound 17 $42,556 4" Domestic & Turbine 33 $82,610 6° Compound 33 $82,610 6" Domestic & Turbine 67 $167,721 8" Domestic 117 $292,885 10" Domestic 183 $455,483 Residential Develo ment Meter size & type EDUs Charge 3/4" 1 $2,700 1" 2 $5,398 1 1/2" 3 $8,099 2" 5 $13,497 11 $29,693 4" Com ound 17 $45,888 4" Domestic & Fire Service 33 $89,077 6" Compound 33 $89,077 6" FM 67 $180,853 8" FM 117 $315,818 10" FM 183 $493,972 Non-residential Develooment Parcels less than 10,000 sq ft Parcels 10,000 sq ft or greater $60 per usable unit $300 per acre or fraction thereof or $60 per usable unit whichever is greater- 5 of 6 Exhibit "A" - Ordinance No. 3955 CITY OF HUNTINGTON BEACH Public `Yorks Fee Schedule - Development Related effective 8/16/09; resolution # 2009-32 Orange County Sanitation District (OCSD) Capital Facilities Capacity Charge (CFCC) FY 2011 - 2012 Use Category Rate Basis Base Charge Commercial — Industrial Per 1,000 square feet' Low Demand Per 1,000 square feet $279.00' (min $3,341) Average Demand Per 1,000 square feet $1,734.001(min $3,341) High Demand3 Per 1,000 square feet $4,118.00' (min $3,341 Single Family Residential (SFR)5 Per Each 5+ bedrooms $4,643 4 Bedrooms $3,976 3 Bedrooms $3,341 2 Bedrooms $2,705 1 Bedrooms $2,069 Multi — Family residential (MFR)6 Per Unit 4 + Bedrooms Per Unit $3,610 3 Bedrooms Per Unit $2,973 2 Bedrooms Per Unit $2,337 1 Bedrooms Per Unit $1,67 Studio Per Unit $1,073: Bedroom Additions 2r'd through 3 d room additions Per each $636 4th bedroom addition Per each $635 5tn bedroom addition Per each $667' 6"' bedroom addition No additional charge No additional charge Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $3,341.00 2 Low Demand connections are the following categories of Users: Nurseries; Warehouses; Churches; Truck Terminals; RV Parks; RV Storage Yards, Lumber/Construction Yards, Public Storage Buildings; and other facilities with restrooms, offices, lobbies and/or areas whose flow is similar in volume to these listed categories. Parking structures not connected to the sewer will not be charged. ' High Demand connections are the following categories of Users: Restaurants (including patios used for additional seating capacity), Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Restaurants, or Food Court Food Processing Facilities, Textile Manufacturers; and other dischargers whose flow is similar in volume to these listed categories. 4AII other connections are Average demand users including: Hotels, Strip Malls without restaurants, Music Halls without food facilities, Office Buildings, senior Housing with individual living units without kitchens but with common kitchen and wash pads. 5 Bedroom additions are considered a change of use and a CFCC must be paid. Bedrooms indude: enclosed loft additions, bonus rooms that may be used as offices, workout rooms, media rooms, or libraries, or any other additions which could be potentially used as a bedroom. The classification of these additions will be reviewed and determined by County and City staff. Any detached building such as an addition over an existing garage or a new building with the same designation as mentioned above will be considered a separate living residence (SFR). 6MFR units consist of multiple units that receive one secured property tax bill such as apartments. Senior housing with individual living units that include a kitchen are considered MFR units. Studio - one single room with no separating doors or opening leading to another part of the room (except for a bathroom). OCSD Fees 100.22110 I OCSD Rateseffective .3/15/12 JDM 6 of 6 E):hi bi t "A" - Ordinance No. 3955 This Document was electronically recorded by City of Huntington -Beach Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder I�III� If11111iII111111111111NO FEE EXHIBIT "C" TO I3EVELOPlriii" 7305 11:01 am 08/28/12 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk 65 404 Al2 10 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 (Space above for Recorder's use) This document is exempt from recording fees pursuant to Government Code Section 27383. AFFORDABLE HOUSING AGREEMENT RESTRICTIONS -RENTAL (DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY) This Affordable Housing Agreement Restrictions -Rental (Declaration of Conditions; Covenants and Restrictions for Property) (the "Declaration") is made as of u s' o 201,,)� , by and between DCO BEACH WALK LLC, a Delaware limited liability company (the "Developer" or the "Covenantor"), and the CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City"). RECITALS A. Developer is the owner of record of that certain real property located at 19891 and 19895 Beach Boulevard (the "Property"), in the City of Huntington Beach, County of Orange, State of California legally described in the attached "Exhibit A." B. The Developer seeks to develop an apartment project on the Property consisting of 173 dwelling units as more particularly set forth in the Site Plan Review No. 117005 (Beach Walk Apartments) (the "Project"), all in accordance with the Beach and Edinger Corridors Specific Plan, as may be amended from time to time (the "Specific Plan") adopted by the City Council of the City (the "City Council") on March 1, 2010. C. The City imposed conditions of approval on the Project, in part that Developer provide affordable housing. As part of the plan to provide affordable housing, the City and Developer entered into that Development Agreement concurrently herewith, which Development Agreement requires as a condition that an Affordable Housing Agreement be executed requiring Developer to provide affordable rental units for a certain period of time. Specifically, the Development Agreement requires Developer provide seventeen (17) units within the Project available for rent to Moderate Income Households for a period of fifty-five (55) years as further defined herein. The execution and recordation of this Declaration is intended to fully satisfy that condition. 22721026565-0004 _ 1 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 NOW, THEREFORE, the parties hereto agree and covenant as follows: 1. Affordability Covenants. Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the Affordable Units, or any part thereof, that the Project approved by Site Plan Review No. I1-005 (Beach Walk Apartments), which consists of 173 units, 17 of which shall be designated as affordable and shall be held subject to this Declaration for fifty-five (55) years, as follows: (a) Qualified Households. Covenantor agrees to make available, restrict occupancy to, and to lease 17 units for the duration of the Affordability Period as defined herein. These 17 units may sometimes be referred to as an "Affordable Unit" or, collectively, the "Affordable Units." Each Affordable Unit shall be occupied by a Moderate Income Household. A "Moderate Income Household" means a Household whose gross income does not exceed the amount published annually by the California Department of Housing and Community Development in accordance with California Health and Safety Code Section 50093. As used in this Declaration, the term "Household" shall mean one or more persons, whether or not related, living together in an Affordable Unit that rent or lease any portion of the Affordable Unit. As used in this Declaration, the term "Area Median Income" shall mean the area median income for the County of Orange ("County") as published annually by the California Department of Housing and Community Development and determined in accordance with the U.S. Department of Housing and Urban Development criteria then in effect and published from time to time. For purposes of this Declaration, the qualifying limits shall be those moderate income limits for the County, as defined by California Health and Safety Code Section 50093 and set forth in Title 25, California Code of Regulations, section 6932, as that section may be amended, modified or recodified from time to time. If the California Code of Regulations is amended or modified during the term of this Declaration so that such regulations do not specify the area median income for the County, the City and Developer shall negotiate in good faith to determine an equivalent authoritative source which determines median income for the County As used in this Declaration, the term. "Covenantor" shall mean Developer, its successors and assigns, and every successor to Developer's interest in the Project, or any part thereof. All other capitalized terms not otherwise defined herein shall have the meanings commonly recognized in the affordable housing industry. (b) Duration. The term of this Declaration shall commence on the date that the final inspection for the eight (go) Affordable Unit is approved by the City and will terminate on the date that is fifty-five (55) years thereafter ("Affordability Period"). (c) Income Qualification. On or before the date that is forty-five (45) calendar days after the California Department of Housing and Community Development publishes its annual income limits, Covenantor shall submit to the City a completed income computation and certification form, in such form as is generally used by City in administering its affordable housing program as may be amended from time to time. Covenantor shall certify that, to the best of its knowledge,- each Household is a Moderate Income Household. Covenantor shall obtain an income certification from each adult member of the Household and shall certify that, to the best of Covenantor's knowledge; the income of the Household is truthfully set forth 2272/026565-0004 -2- 3060319.9 a06125J12 Exhibit "A" - Ordinance No. 3955 in the income certification form. Furthermore the Covenantor shall, on renewal of the annual lease for the particular Affordable Unit, again obtain income certification from each adult member of the Household and, with Covenantor's annual recertification package, submit to the City a recertification form that shall certify, to - the best of Covenantor's knowledge, each Household is a Moderate Income Household. Covenantor shall verify the income certification of the Household in one or more of the following methods as specifically requested by City. (1) Obtain two (2) paycheck stubs from two (2) most recent pay periods for each adult member of the Household. (2) Obtain a copy of an income tax return certified to be true and complete for the most recent tax year in which a return was filed, for each adult member of the Household. (3) Obtain an income verification certification from the employer of each adult member of the Household. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Household receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by City, if none of the above forms of verification is available to Covenanter. If, at the time of the annual recertification of an eligible Household, the Household's income has increased above the income level permitted for a Moderate Income Household, the Household shall continue to be permitted to reside in such unit (subject to an increase in rent as allowed by applicable law), but the unit will no longer qualify as an Affordable Unit and Covenantor shall designate the next available unit of the same number of bedrooms as an Affordable Unit. 2. Determination of Affordable Rent for the Affordable Units. The rent for each Affordable Unit (the "Affordable Rent") shall be adjusted annually by the formula established by California Health and Safety Code Section 50053 upon the publication of revised Area Median Income (as defined in Section l(a) above). This methodology sets the Moderate Income Rent at 1/12th of 30% of 110% of the Area Median Income adjusted for family size appropriate to the Affordable Unit. As used herein, "adjusted for family size appropriate to the Affordable Unit" shall mean a household of 1 person in the case of a studio Affordable Unit, a household of 2 persons in the case of a one -bedroom Affordable Unit, and a household of 3, persons in the case of a two -bedroom Affordable Unit. 3. Rental rates for the Affordable Rental Units must be set at levels affordable to Moderate Income Households as set forth herein. Each year, after the income standards are published by the California Department of Housing and Community Development, the Affordable Housing Administrator will calculate the allowable rental rates. This rent schedule will then be transmitted to the Covenantor. 2272/026565-0004 -3- 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 COVENANTOR UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE- FAIR MARKET RENT LEVELS. COVENANTOR HEREBY AGREES TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY, MVENANTOR'S INITIALS In the event state law referenced herein is amended, the terms of this Declaration shall automatically be amended to remain consistent with State law. (a) Annual Report. Within sixty (60) calendar days after the end of each calendar year during the Affordability Period, Covenantor shall submit to City a report verifying Covenantor's compliance with the provisions of this Declaration ("Annual Report"). Covenantor's final Annual Report shall be submitted to City within sixty (60) calendar days after the end of the Affordability Period, Each Annual Report shall identify the location of the Affordable Units for the applicable reporting period, the identity of each Household member occupying an Affordable Unit during any portion of such period, the income and family size of each such Household, the Affordable Rent for each of the Affordable Units, and the rent actually charged pursuant to the lease or rental agreement. if City prescribes a particular form to be utilized by Covenantor in preparing the Annual Report, Covenantor shall utilize said form, provided that it complies substantially with the foregoing requirements. 4. Dion -Discrimination Covenants. Covenantor covenants by and for itself its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice 'or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit. Covenantor and its successors and assigns shall refrain from restricting the leasing of the Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, of any person. All such leases shall contain or be subject to substantially the following nondiscrimination or nonsegr'egation clause: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: — - 22731026565-0004 3060319.9 06a5/12 -4- Exhibit "A" - Ordinance No. 3955 "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 5. Use Restrictions. During the Affordability Period, Covenantor shall be required to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit has knowledge of all terms and conditions of this Declaration by including in each and every lease and rental agreement a clause which incorporates this Declaration by reference and makes this Declaration a part of an attachment to such lease or rental agreement. In addition, during the Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain provisions that the Affordable Unit shall be occupied, used, and maintained as follows: (a) The Affordable Unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes; (b) Household Size. The number of persons that may occupy an Affordable Unit shall be based on unit size: Unit Size Household Size 0 bedroom (studio) 2 persons 1 bedroom 3 persons 2 bedrooms 5 persons (c) The Household shall not permit or suffer anything to be done or kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, and shall not impair the structural integrity thereof obstruct or interfere with the rights of other occupants, or annoy such occupants by reasonable noises or otherwise, nor shall any Household commit or permit any nuisance on the premises or fail to keep the premises free of rubbish,. clippings, and trash or commit or suffer any illegal act to be committed thereon; (d) The Household shall not sublease any or all part of the Affordable Unit without prior approval from City; (e) The Household shall comply with all of the lawful requirements of all. governmental authorities with respect to the premises; (f) No person shall be permitted to occupy the premises for transient or hotel purposes; and 2272/026565-0004 _ 3060319.9 a0 25/12 -5 Exhibit "A" - Ordinance No. 3955 (g) The Household shall comply in all respects with this Declaration and any failure by the Household to comply with the terms of this Declaration shall be a default under the Household's lease or rental agreement. 6. Covenants for Benefit of City. All covenants without regard to technical classification or designation shall be binding for the benefit of the City and such covenants shall run in favor of City for the Affordability Period. The City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any such action at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these covenants may be entitled during the Affordability Period. 7. Binding on Successors and Assigns. The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on Covenantor and any successor to Covenantor's right, title, and interest in and to all or any portion of the Project, for the benefit of and in favor of the City. All the covenants contained in this Declaration shall remain in effect for the Affordability Period, and shall automatically terminate and be of no further force or effect after such time. Upon expiration of the Affordability Period, City agrees to cooperate with Covenantor, at no cost to City in removing this Declaration of record from the Property. 8. Counterparts. This Declaration may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. 9. Applicable Law. (a) if any provision of this Declaration or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that any such invalid provision affects the consideration for this Declaration; and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. (b) This Declaration shall be construed in accordance with all applicable federal, state and local laws. [Signatures and Jurats to Follow] 2272/026565-0004 3060319.9 a0625/12 Exhibit "A" - Ordinance No. 3955 IN WITNESS WHEREOF, Covenantor and City have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized as of the date set forth above. � r PPROVED- r= ,rXn iI s�WA "COVENANTOR" DCO Beach Walk LLC, a Delaware limited liability company - By: DCO Beach LLC, a Delaware limited liability company Its: Managing Member By: DCO Realty, Inc., a Delaware corporation Its: So ember By: Name: �Ga Title: "CITY" CITY OF HUNTINGTON BEACH, a municipal corporation of the 5tat of California Mayor APPROVED AS TO FORM: "e- n-f City Att eyp REVIE APPROVED: City Manager 227VO26565-0004 _7_ 3060319.9 a06I25/12 Exhibit "A" - Ordinance No. 3955 EXHIBIT "A" TO AFFORDABLE HOUSING AGREEMENT LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: BLOCK 1908 OF THE EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: THE NORTH HALF OF BLOCK 1808, EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES IN OR UNDER SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLOITING FOR, DEVELOPING, PRODUCING, REMOVING AND MARKETING SAID SUBSTANCES, AS RESERVED IN AN INSTRUMENT RECORDED MAY 25, 1953 IN BOOK 2508, PAGE 200 OF OFFICIAL RECORDS. PARCEL C: AN EASEMENT FOR INGRESS AND EGRESS FOR PEDESTRIAN PURPOSES OVER A PORTION OF THE NORTH HALF OF BLOCK 1807 OF EAST SIDE VILLA TRACT, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS,.IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF BLOCK 1807; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH HALF OF BLOCK 1807, SOUTH 89017'25" WEST 6.50 FEET TO A LINE PARALLEL WITH AND DISTANT 6.50 FEET WESTERLY OF THE EASTERLY LINE OF SAID BLOCK 1807; THENCE ALONG SAID PARALLEL LINE NORTH 00°40'00" WEST 8.00 FEET TO A LINE PARALLEL WITH AND DISTANT 8.00 FEET NORTHERLY OF SAID SOUTHERLY LINE OF THE NORTH HALF OF BLOCK 1807; THENCE ALONG LAST SAID PARALLEL LINE NORTH 89017'25" EAST 6.50 FEET TO SAID EASTERLY LINE OF BLOCK 1807; THENCE 2272/026565-0004 3060319.9 a06/25/12 Exhibit "A" - Ordinance No. 3955 ALONG SAID EASTERLY LINE SOUTH 00004'00" EAST 8.00 FEET TO SAID SOUTHEASTERLY CORNER AND TRUE POINT OF BEGINNING. APN: APN 025-200-72 2272/026565-0004 3060319.9 a06/25/12 -2- Exhibit "A" - Ordinance No. 3955 ACKNOWLEDGMENT State of Colorado } County of -XUq las ) / On �I1U )V 3 f zo/Z , before me, �r c �� �i✓ , ,�i (insertname and title of the officer) Notary Public, personally appeared l' "�e who proved to me on the basis of satisfacta evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `\v��"tuuiiiir//// / �\\`P� r�P'� Signature - �UTAR Y (Seal) PUBOG ' O ••......• OF OVO State of California ) County of before me, L �S Zi4 _ ,I� � or name and tifle of the officer) Notary Public, personally appearedh^ )& �• 4=�U �R , fl n%� who proved to me on the basis of satisfactory evidence to be the persoigs)) whose name�s�l are subscribed to the within instrument and acknowledged to me thatI44a he )executed the same in • ' their uthorized capaci res and that byer their signature& on the instrument the perso s or the entity upon behalf of which the persor�}s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) P. L. ESPARZA Commission # 1857021 Z i:.m Notary Public - California z Orange County ilfl Comm. Ex ires Auj 4, 2013 2272/026565-0004 3060319.9 e06(25/I2 Ord. No. 3955 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on August 06, 2012, and was again read to said City Council at a regular meeting thereof held on August 20, 2012, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None I, Joan L. Flynn, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on August 30, 2012. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Senior Deputy City Clerk Gp Cy Clerk and ex-officio . erk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 1 City of H n angton Beach Planning and Building Department STAFF EPOK.T MWINGTON REACH TO: Planning Commission FROM: Scott Hess, AICP, Director of Planning and Building BY: Jennifer Villasenor, Senior Plannerf DATE: July 10, 2012 SUBJECT: DEVELOPMENT AGREEMENT NO. 12-002 (BEACH WALK APARTMENTS DEVELOPMENT AGREEMENT) APPLICANT: Harry Alcock, UDR, 1745 Shea Center Drive, Suite 200, Highlands Ranch, CO 80129 PROPERTY OWNER: DCO Beach Walk, LLC, 1745 Shea Center Drive, Suite 200, Highlands Ranch, CO 80129 LOCATION: 19891 and 19895 Beach Boulevard, Huntington Beach, CA 92648 (west side of Beach Boulevard between Utica Avenue and Adams Avenue) STATEMENT OF ISSUE: Development Agreement No. 12-002 represents a request for the following: - To enter into a Development Agreement between the City of Huntington Beach and DCO Beach Walk LLC (developer) pursuant to approvals for the Beach Walk Apartments Project, a 173 multi- family residential apartment development with a five -and -a -half level parking structure, leasing office, resident fitness and recreation areas and public open space. • Staff recommends approval of Development Agreement No. 12-002 based upon the following: -- Consistency with the General Plan and the Beach and Edinger Corridor Specific Plan (BECSP); - Conforms to the provisions of Chapter 246 — Development Agreements of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); -- Consistency with the approved Beach Walk Apartments Project and the Conditions of Approval and Mitigation Measures adopted pursuant to Site Plan Review (SPR) No. 11-005 and Environmental Impact Report (EIR) No. 08-008; and - Ensures the mutually beneficial development of the approved project and serves the affordable housing needs of the community by providing 17 on -site affordable housing units. �o ■ .DO' MEN WINNE RECOMMENDATION: Motion to: "Approve Development Agreement No. 12-002 with findings for approval (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2) to the City Council for adoption." ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Development Agreement No. 12-002 with fmdings for denial." B. "Continue Development Agreement No. 12-002 and direct staff accordingly." PROJECT PROPOSAL: Development Agreement No. 12-002 represents a request to enter into a Development Agreement between the City of Huntington Beach and DCO Beach Walk LLC (developer) pursuant to approvals for the Beach Walk Apartments Project. The Beach Walk Apartments Project site is located within the Beach and Edinger Corridors Specific Plan (BECSP) and is approved for 173 multi -family apartment units, a leasing office, resident fitness and recreation areas and public open space. On March 27, 2012, the Planning and Building Director approved Site Plan Review No. 11-005 for the Beach Walk Apartments Project subject to conditions and mitigation measures. Condition No. 7.b. requires a development agreement to be approved by the City Council and recorded to provide for affordable dwelling units in accordance with Section 2.2.3 of the BECSP and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) as well as specify required traffic mitigation fees. ISSUES: Subiect Property Land Use, Zoning, and General Plan Designations: Subject Property: M-sp-d (Mixed Use —' SP-14 (Beach and Approved 173-unit multi - Specific Plan Overlay — Edinger Corridors family apartment project; Design Overlay) Specific Plan) Existing — two office North of Subject I M-sp-d I SP-14 I Auto related use East of Subject Property M-sp-d SP-14 Newland Shopping Center (across Beach Blvd.): South of Subject M-sp-d SP-14 General Commercial uses West of Subject P (Public); RM-15 RM (Residential Church Property: (Residential Medium Medium Density) Density — 15 units/acre PC Staff Report — 7/10/12 3 (12sr30 DA 12-002 Beach Walk) General Plan Conformance: The project site is located within the Neighborhood Parkway segment of the Beach and Edinger Corridors Specific Plan. The General Plan land use designation is Mixed Use - Specific Plan Overlay - Design Overlay (M-sp-d). The development agreement is consistent with the following General Plan goals, policies and objectives: A. Circulation Element Goal CE 2: Provide a circulation system which supports existing, approved and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. B. Housing Element Goal H 2: Provide adequate housing sites to accommodate regional housing needs. Goal H 3: Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. C. Land Use Element L U Goal 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the principles discussed below: a. Not applicable b. Vary uses and densities along the City's extended commercial corridors, such as Beach Boulevard. c. Increase diversification of community and local commercial nodes to serve adjacent residential neighborhoods. e. Intermix uses and densities in large-scale development projects. £ Site development to capitalize upon potential long-term transit improvements. g. Establish linkages among community areas, which may include pedestrian and vehicular paths, landscape, signage, other streetscape elements, open space, transitions, in form, scale, and density of development, and other elements. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. PC Staff Report — 7/10/12 4 (12sr30 DA 12-002 Beach Walk) The development agreement would ensure that the project is developed in accordance with the approved Beach Walk development plan, which provides a housing choice adjacent to an existing public transit route and provides an alternative for residents seeking to be within walking distance of work, services or commercial uses and reduce dependency on their automobile. The development agreement would guarantee that the project provides 17 on -site affordable housing units. These units would help the City to satisfy its affordable housing obligations while providing housing for moderate income households. The development agreement specifies the project's traffic mitigation fees, which would provide the project's fair share contribution for improvements to the circulation system that are necessary to mitigate cumulative traffic impacts from development within the BECSP. Zoning Compliance: The Beach Walk Apartments Project, as approved pursuant to Site Plan Review No. 11-005, is consistent with the development standards and regulations of the BECSP. Development Agreement No. 12-002 references the approved project and would ensure implementation of the project in accordance with the conditions of approval and mitigation measures adopted for the project. Urban Design Guidelines Conformance: Not Applicable. Environmental Status: The development agreement was included in the conditions of approval for Site Plan Review No. 11-005, which was determined to be consistent with the Beach and Edinger Corridors Specific Plan Program Environmental Impact Report (EIR No. 08-008) and is exempt from further environmental review pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Environmental Board: Not Applicable. Coastal Status: Not applicable. Redevelopment Status: Not Applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements Development Agreement No. 12-002 was drafted by the City Attorney's office in coordination with the Planning Division and Economic Development Department. In addition, Development Agreement No. 12-002 is consistent with conditions approved for Site Plan Review (SPR) No. 11-005 and applicable mitigation measures adopted for BECSP Program EIR No. 08-008, which was reviewed by the Building Division and Fire, Police, Public Works, Community Services and Economic Development Departments. PC Staff Report-7/10/12 5 (12sr30 DA 12-002 Beach Walk) Public Notification: Legal notice was published in the Huntington Beach Independent on June 28, 2012, and notices were sent to property owners of record and occupants within a 500 ft. radius of the project site, interested parties, and individuals/organizations that commented on the environmental document. As of July 3, 2012, no communications on Development Agreement No. 12-002 have been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S), Not Applicable Not Applicable Development Agreement No. 12-002 is required pursuant to approvals for Site Plan Review No. 11-005 for the Beach Walk Apartments Project, which was approved by the Director of Planning and Building on March 27, 2012. ANALYSIS: The BECSP was adopted in March 2010 to enhance the overall economic performance, physical beauty and functionality of the Beach Boulevard and Edinger Avenue Corridors. The BECSP is intended to guide future development and initiate the transformation of the corridors from commercial strip, in many cases underutilized and underperforming, to a , pattern of centers and segments with development standards and regulations that reflect the vision of a particular area. When the Beach Walk Apartments Project was approved pursuant to the BECSP, Condition No. 7.b. required a development agreement to be approved by the City Council and recorded to provide for affordable dwelling units in accordance with Section 2.2.3 of the BECSP and HBZSO as well as specify required traffic mitigation fees. Consistency with the BECSP and General Plan The City is authorized pursuant to California Government Code Section 65864 et.seq. and Chapter 246 of the HBZSO to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. The objective of a development agreement is to provide assurances that an applicant may proceed with a project in accordance with existing policies and standards in place at the time of project approval. The City and developer desire to enter into a development agreement for the subject site in order to achieve the mutually beneficial development of the property and ensure that the project is developed in accordance with the approved project pursuant to Site Plan Review No. 11-005 and Section 2.2.3 of the BECSP. The development agreement would be effective for five years and vests the developer's right to construct the project pursuant to the terms of the agreement. Development Agreement No. 12-002 references the project pursuant to Site Plan Review No. 11-005, which complies with the BECSP development code, as approved by the Planning and Building Director on March 27, 2012. In addition, the development agreement is consistent with the General Plan land use designation for the site insofar as the approved project is consistent with the General Plan land use designation. As discussed in the General Plan Conformance Section of this report, the development agreement would conform to applicable goals and policies of the General Plan. PC Staff Report — 7/10112 6 (12sr30 DA 12-002 Beach Walk) Affordable Housing The project is required to provide affordable housing in accordance with the BECSP and conditions of approval for the project. Of the 173 total units, the project will provide 17 affordable units on -site. The project will also pay an in -lieu fee to account for the remaining 0.3 fractional unit. The 17 affordable units would be made available to moderate income households for which the City has a remaining need of 392 units for the 2008-2014 planning period. The development agreement stipulates these requirements in addition to a 55-year affordability period and the timing for which the affordable units shall be constructed. The development agreement also includes a separate affordable housing agreement exhibit to be recorded, which further specifies details of the affordable units including income requirements, household size and the timing for the affordability period to take effect. Traffic Fees The project is required to provide traffic mitigation fees in accordance with mitigation measures adopted pursuant to BECSP Program EIR No. 08-008. The traffic mitigation fees will provide for the project's fair share contribution to circulation system improvements necessary to mitigate traffic impacts resulting from implementation of the BECSP. The development agreement specifies the fee amount and timing for payment. The fees were determined by the City's Public Works Department - Transportation Division based on the project's uses and calculated based on the same methodology utilized for a recent City Council approved update to the City's development impact fees, including circulation system fees. However, at the time the project was approved, the fee update had not been approved by Council and therefore, the project was conditioned to include the traffic mitigation fees into the development agreement. SUMMARY: Staff recommends approval of Development Agreement No. 12-002 because it would: • Conform to applicable goals and policies of the General Plan and the provisions of the BECSP; • Conform to the provisions of Chapter 246 - Development Agreements of the Huntington Beach Zoning and Subdivision Ordinance; • Ensure development of the Beach Walk Apartments Project consistent with the conditions approved for Site Plan Review (SPR) No. 11-005 and applicable mitigation measures adopted for the BECSP Program EIR (EIR No. 08-008); and • Provide for the construction of needed affordable housing in the City of Huntington Beach. ATTACHMENTS: 1. Suggested Findings for Development Agreement No. 12-002 J 1 3. -mite--Plan-Review 1�F©— i 005---Notiee-ef: ,Ceti , Gpnditiens of Approval Mitigation Measures �,A I SH:HF:MBB.jv No. q PC Staff Report — 7/10/12 7 (12sr30 DA 12-002 Beach Walk) ATTACHMENT NO.1 SUGGESTED FINDINGS FOR APPROVAL DEVELOPMENT AGREEMENT NO. 12-002 SUGGESTED FINDINGS FOR CEOA: The Planning Commission finds that the development agreement was included in the scope of the Beach Walk Apartments Project, which was determined to be consistent with the Beach and Edinger Corridors Specific Plan Program Environmental Impact Report (EIR No. 08-008) and is exempt from further environmental review pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. SUGGESTED FINDING FOR APPROVAL — DEVELOPMENT AGREEMENT NO. 12-002: The development agreement is consistent with the General Plan and Beach and Edinger Corridors Specific Plan (BECSP). Development Agreement No. 12-002 provides for the construction of the Beach Walk Apartments Project, which complies with the BECSP development code and was found to conform to the goals and policies of the General Plan as approved by the Planning and Building Director on March 27, 2012. The development agreement ensures the construction of 17 affordable housing units within the project in accordance with the provisions of the BECSP for a 55-year period. The development agreement is consistent with the following General Plan goals and policies: A. Circulation Element Goal CE 2: Provide a circulation system which supports existing, approved and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. B. Housing Element Goal H2: Provide adequate housing sites to accommodate regional housing needs. Goal H 3: Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. C. Land Use Element L U Goal 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. PC Staff Report 07/10/12 Attachment No. 1.1 Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the principles discussed below: a. Not applicable b. Vary uses and densities along the City's extended commercial corridors, such as Beach Boulevard. c. Increase diversification of community and local commercial nodes to serve adjacent residential neighborhoods. e. Intermix uses and densities in large-scale development projects. f. Site development to capitalize upon potential long-term transit improvements. g. Establish linkages among community areas, which may include pedestrian and vehicular paths, landscape, signage; other streetscape elements, open space, transitions, in form, scale, and density of development, and other elements. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The development agreement would ensure that the project is developed in accordance with the approved Beach Walk development plan, which provides a housing choice adjacent to an existing public transit route and provides an alternative for residents seeking to be within walking distance of work, services or commercial uses and reduce dependency on their automobile. The development agreement would guarantee that the project provides 17 on -site affordable housing units. These units would help the City to satisfy its affordable housing obligations while providing housing for moderate income households. The development agreement specifies the project's traffic mitigation fees, which would provide the project's fair share contribution for improvements to the circulation system that are necessary to mitigate cumulative traffic impacts from development within the BECSP. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. PC Staff Report — 07/10/12 Attachment No. 1.2 ATTACHMENT #4 n 3 f RJ City of Huntington Beach =3 == 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntingtonbeachca.gov Planning Division Building Division 714.536.5271 714.536S241 NOTICE OF ACTION March 27, 2012 Tom Bergerson DM Bergerson 8911 Research Drive, 1� Floor Irvine, CA 92618 SUBJECT: SITE PLAN REVIEW NO. 11-005, EA 11-009 (BEACH WALK APARTMENTS) APPLICANT: Tom Bergerson, DM Bergerson, 8911 Research Drive, 1� Floor, Irvine, CA 92618 REQUEST: To permit the construction of a 4-story 173-unit multi -family apartment development, which includes a five -and -a -half level parking structure, public and private open space, fitness and clubhouse amenities, and a leasing office. All existing structures and site improvements on the site would be demolished. PROPERTY OWNERS: DCO Beach Walk LLC, 1745 Shea Center Drive, Suite 200, Highland Ranch, CO 80129 LOCATION: 19891 & 19895 Beach Boulevard (west side of Beach Boulevard between Utica Avenue and Adams Avenue) PROJECT PLANNER: Jennifer Villasenor, Senior Planner DATE OF ACTION: March 27, 2012 Dear Mr. Bergerson, On March 27, 2012, the Director of Planning and Building of the City of Huntington Beach took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Under the provisions of the Beach and Edinger Corridors Specific Plan, the action taken by the Director of Planning and Building becomes final at the expiration of the appeal period. As Notice of Actlon: SPR 11-005, EA 11-009 March 27, 2012 Page 2 specified in the Beach and Edinger Corridors Specific Plan, the property owner or a City Council member may file a written notice of appeal to the Department of Planning and Building within ten (10) calendar days of the date of action. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant deems himself aggrieved. Said appeal must be accompanied by a filing fee of Four Hundred Ninety Four Dollars ($494). The appeal shall be heard by the Planning Commission in accordance with the procedures outlined in the Huntington Beach Zoning and Subdivision Ordinance. The last day for filing an appeal and paying the filing fee for the above noted application is Friday. April 6, 2012 at 5 P.M. Provisions of the Beach and Edinger Corridors Specific Plan are such that any application becomes null and void one (1) year after final approval, unless actual construction has started or as modified through a condition of approval. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby noted 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 Jennifer Villasenor, the project planner at (714) 374- 1661 or jvillasenor@surfcity-hb.org or the Planning Division's Planning and Zoning Information Counter at (714) 536-5271. Sincerely, Scott Hess, AICP Director of Planning and Building enhif Villasenor, Senior Planner Attachments: Attachment No.1 — Findings and Conditions of Approval — SPR No. 11-005 Attachment No- 2 — Mitigation Monitoring Program Cc: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, AICP, Director of Planning and Building Herb Fauland, Planning Manager Bill Reardon, Division Chief/Fire Marshal Mike Vigliotta, Deputy City Attorney III Debbie DeBow, Principal Engineer Mark Carnahan, Inspection Manager Property Owner Project File ATTACHMENT NO. 'I FINDINGS AND CONDITIONS OF APPROVAL SITE PLAN REVIEW NO. 11-005, EA No. 11-009 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City of Huntington Beach finds that the project is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for residential projects in conformity with that specific plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Beach and Edinger Corridors Specific Plan project. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines are present and, therefore, no EIR or MND is required. The Project, located at 19891 and 19895 Beach Boulevard, consists of a four-story 173-unit mufti -family residential apartment development with on -site public and private open space and a 5 and a half -level- parking structure. The development site is located within the Neighborhood Parkway Segment of the Beach and Edinger Corridors Specific Plan (BECSP) area. The City certified Program EIR No. 08-008 on December 8, 2009 and adopted the BECSP on March 1, 2010. The BECSP anticipates development of 4,500 total new dwelling units including 2,755 units on Beach Boulevard. The 173 units contemplated by the project is within and represents a minimal fraction of the total new dwelling units permitted on Beach Boulevard under the approved BECSP. The project conforms to all standards and regulations of the BECSP development code. Compliance with all applicable mitigation measures adopted with the Specific Plan will be required as a condition of approval of the project. Accordingly, no changes requiring revision of the previously certified Program EIR are proposed as part of the project, nor have any circumstances changed requiring revision of the previously certified Program EIR. In addition, no new information identifies that implementation of the BECSP, including the project, will have significant effects that were not discussed in the previously certified Program EIR or that the significant effects identified in the certified BECSP Program EIR will be substantially more severe than determined in the Program EIR. Nor is there new information showing that mitigation measures or alternatives not previously adopted would substantially reduce one or more significant effects of the Project. FINDINGS FOR APPROVAL —SITE PLAN REVIEW NO. 11-005: Site Plan Review No. 11-005 for the construction of a multi -family residential development consisting of 173 one- and two -bedroom units and associated NOA SPR No. 11-005, EA No. 11-009 Attachment No. 1.1 i ma's n _4 r '�� improvements including public and private open space areas, a leasing office, fitness and clubhouse amenities and a five and a half -level parking structure, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed project will replace existing site improvements, which include a three-story office building with a basement, a two-story office building and surface parking. The multi -family residential development, with the recommended conditions of approval, incorporates architectural and design elements that provide maximum compatibility of use and design with the existing and anticipated development in the vicinity of the project site, promotes the revitalization and restructuring of an aging segment of Beach Boulevard, and supports the existing commercial development surrounding the site. The proposed structure is four stories in height and features enhanced building materials and colors, building recesses and fagade offsets, variation in massing composition and connections between common open space areas and public open space as well as Beach Boulevard. The project's conformance to the Beach and Edinger Corridors Specific Plan (BECSP) further ensures that the form, height, and architectural design convey an overall high level of quality. 2. The project will not adversely affect the Circulation Plan of the BECSP. The project will provide public right-of-way improvements along Beach Boulevard pursuant to the BECSP development code. The improvements to Beach Boulevard create continuity with the existing residential nature of Beach Boulevard south of Adams Avenue, mimic the streetscape imagery envisioned for the Residential Parkway segment to the south, and provide a sufficient landscape buffer to separate pedestrians from the Beach Boulevard vehicular thoroughfare. A large front setback and public open space along Beach Boulevard establish a public realm that focuses on pedestrians rather than vehicles. Pedestrian connectivity from the development's common areas to the public open space and an enhanced Beach Boulevard pedestrian streetscape promote access to public transportation adjacent to the development site. Finally, the project would pay fees commensurate with the projects contribution of traffic on the area -wide roadway system. 3. The proposed multi -family residential development will comply with the provisions of the BECSP development code as specified in the Neighborhood Parkway segment. In addition, the project meets all applicable provisions of Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed project meets code requirements in terms of building height, massing and volume, setbacks, landscaping, streetscape improvements, public and private open space, parking and building placement. 4. The Project is consistent with the City's General Plan and all applicable requirements of the Municipal Code. The granting of the site plan review will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use — Specific Plan Overlay — Design Overlay on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan, NQA SPR No. 11-005. EA No. 11-Of19 Attachment No_ 12 _' �_/ rI hry BEN N� A. Air Quality Element Goal AQ 1: Improve regional air quality by a) decreasing reliance on single occupancy vehicular trips, b) increasing efficiency of transit, c) shortening vehicle trips through a more efficient jobs -housing balance and a more efficient land use pattern, and d) increasing energy efficiency. Policy AQ 1.6.3: Encourage all new residential developments to incorporate pedestrian paths that link the projects with adjacent developments and transit access points. Policy AQ 1.10.1: Continue to require the utilization and installation of energy conservation features in all new construction. The project is located in the Neighborhood Parkway segment of the BECSP and would replace aging office uses and an underutilized site with multi -family residential uses. The multi -family residential development would support existing neighborhood -serving commercial uses as envisioned for this segment. The development's proximity to the existing commercial retail uses as well as office uses promotes a more efficient land use pattern and jobs -housing balance. The proposed streetscape improvements along Beach Boulevard and pedestrian connections from the project's common areas to the Beach Boulevard right-of- way link the development to existing adjacent transit opportunities. Consistent with the provisions of the BECSP, the project would incorporate energy conservation and sustainable design features. The project proposes to incorporate energy efficient appliances and light fixtures, energy efficient window systems, low --flow plumbing fixtures, a water efficient irrigation system, and low water consuming landscaping. B. Circulation Element Goal CE 2: Provide a circulation system which supports existing, approved and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. Obiectrye CE 3.2: Encourage new development that promotes and expands the use of transit services. Policy CE 2.3.2: Limit driveway access points and require adequate driveway widths onto arterial roadways and require driveways be located to ensure the smooth flow of vehicles, bicycles and pedestrians. 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. O NOA SPR No.11-005, EA No.11-009 Attachment No. 1.3 2 'F. p +4 0-- The project's on -site circulation has been designed to maximize vehicular driveway widths and minimize conflict between residents and guests/potential residents. The existing development has two driveways with access to Beach Boulevard, The project proposes to close one access driveway and reconfigure and widen the southernmost driveway thereby reducing and improving access points from Beach Boulevard. The proposed improvements to the Beach Boulevard streetscape create continuity with the existing residential nature of Beach Boulevard south of Adams Avenue, mimic the streetscape imagery envisioned for the Residential Parkway segment to the south, and provide a sufficient landscape buffer to separate pedestrians from the Beach Boulevard vehicular thoroughfare. A large front setback and public open space along Beach Boulevard establish a public realm that focuses on pedestrians rather than vehicles. Pedestrian connectivity from the development's common areas to the public open space and an enhanced Beach Boulevard pedestrian streetscape promote access to public transportation adjacent to the development site. Also, the project would pay fees commensurate with the projects contribution of traffic on the area -wide roadway system- The fees would be utilized for improvements to deficient intersections as a result of implementation of development within the BECSP area. C. Environmental Hazards Element Goal EH 1: Ensure that the number of deaths and injuries, levels of property damage, levels of economic and social disruption, and interruption of vital services resulting from seismic activity and geologic hazards shall be within levels of acceptable risk. Policy EH 1.1.3: Require seismic/geologic assessment prior to construction in Alquist-Priolo Earthquake Fault Zone as shown in Figure EH-5. Objective EH 1.2: Ensure that new structures are designed to minimize damage resulting from seismic hazards, ensure that existing unsafe structures are retrofitted to reduce hazards and mitigate other existing unsafe conditions. The project site is located within the Alquist-Priolo Earthquake Fault Zone and has undergone extensive evaluation to determine the location and characteristics of the active fault traces. The site investigation included a series of test trenches to determine the extent of fault rupture hazard_ The site investigation and subsequent report were peer -reviewed by a third party expert. Based on the extensive evaluation, the project has been designed to avoid placing development over faults that may potentially produce ground rupture with habitable structures sufficiently set back from fault traces determined to be active minimizing potential for death and injury, property damage, and social and economic disruption in the occurrence of a seismic event. NOASPRNo. 11-005,EANo. 11-DD9 Attachmerd W. 1.4 Paz � �- � ��c �t .. E a. D. Environmental Resources/Conservation Element Goal ERC 1: Improve and enhance the overall aesthetic value and appearance of the City of Huntington Beach through the provision and maintenance of local public and private open space. Policy ERC 1.1.1: Encourage the provision of open space elements within the larger -scale development projects including but not limited to public plazas, entry courts, and planned development common areas. The project provides public and private open space amenities in excess of the minimum requirements specified in the BECSP development code. Additionally, the private open space includes various types of open space areas for the project's residents including private balconies and patios, a passive common open space courtyard area, an active common open space area with a pool, spa and direct access to fitness and clubhouse rooms, and a rooftop deck. Public open space is provided directly along Beach Boulevard to maximize functionality. The public open space would accommodate passive amenities such as enhanced hardscape and seating areas, trash receptacles, bike racks, public art, shade trees and integrates landscaping that also functions as a natural treatment system for runoff water. The project site provides the ideal location to incorporate connectivity elements between the common private open space areas and public open space and right-of-way to activate and integrate the urban environment and revitalize community life in the surrounding area. E. Growth Management Element Policy GM 1.1.7: Ensure that new development site design incorporates measures to maximize policing safety and security. Policy GM 2.1.4: Ensure that new development site design incorporates measures to maximize fire safety and prevention. Residential parking areas would be well -lit and secured from public and visitor parking areas. Laundry areas are located inside the residential units and trash rooms are located within the interior parking garage. Patios and balconies are designed to face common private open space and public open space areas to maximize visibility of those areas. The project provides new access and a drive aisle that meets Fire code standards for emergency access. The residential structure would be equipped with a fire suppression system consisting of an alarm system, sprinklers, extinguishers, etc., conforming to the requirements of the Fire Department. NOA SPR No, 11-005, EA No. 11-009 Attachment No.1.5 , t "� fl E. Housing Element Goal H 2: Provide adequate housing sites to accommodate regional housing needs_ Goal H 3: Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. The project represents new housing in the City that will help to fulfill the City's share of the regional housing need. The proposed project would accommodate and is designed to appeal to different age groups, income levels, and household types. The project will meet the City's affordable housing requirement through the provision of 17 on -site affordable units. Because the project is located in close proximity to different activities and uses, it provides opportunities and convenience for many households to use alternate travel modes such as walking and biking to complete their daily routines and run errands, thereby making the project affordable for a broader segment of the population. G. Land Use Element Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Goal LU 4.2.4: Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. Goal LU 7: Achieve a diversity of land uses that sustain the City's economic Viability, while maintaining the City's environmental resources and scale and character. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. Policy LU 8.1.1: Accommodate land use development in accordance with the pattems 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. NOA SPR No. 11-D05, EA No. 11-D09 Attachment No. 1.6 ,%2 ;�?, �9 ;� �}��; �. t � �� ]�, . ate.. 5 '� P _.. __15 e. Intermix uses and densities in large-scale development projects. f. Site development to capitalize upon potential long-term transit improvements. g. Establish linkages among community areas, which may include pedestrian and vehicular paths, landscape, signage, other streetscape elements, open space, transitions, in form, scale, and density of development, and other elements. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi -family developments and that they be accessible to and of sufficient size to be usable by all residents. Objective LU 15.5: Ensure that development achieves the visual and physical character intended for the district in which it is located. The project would provide an urban infill development with 173 rental units increasing housing options for diverse household types 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 neighborhood -serving commercial uses, employment centers, and a hospital/health center. Because of its location on Beach Boulevard, the site would be appropriate in accommodating an infill development that provides 173 residential units to support and promote these existing uses in a compact design 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 project provides a housing choice for residents seeking to be within walking distance of work, services, or retail and eating and drinking establishments, reduce dependency on their automobile, have access to multiple amenities for an active and mobile lifestyle, or live in an environmentally -conscious development that decreases pollution and environmental degradation. The structures of the proposed project are designed to convey a high quality visual image and character and ensure compatibility with surrounding uses. The project incorporates design elements, building materials, and colors to differentiate building volumes and highlight common and primary entry points. The proposed project incorporates architectural and design principles to provide a pedestrian -oriented scale and ensure maximum design compatibility with existing developments, including the Newland Center across Beach Boulevard as well as existing residential uses south of Adams Avenue and east of the project site. Structures on the project site utilize high quality exterior materials, articulated building volumes, and variety in building composition through the use of enhanced colors and materials, balconies, building recesses, awnings and " 9 NOA SPR No. 11-005, EA No. 11-009 Attachm rd No- 1.7 J. ^ a 6 . (_; E N I , t pedestrian -scale roof features. The project complies with the development standards and design guidelines of the BECSP, which ensure that form, height, and treatment convey an overall high level of quality. The building is sited such that the parking structure fronts and is accessed from the interior of the property. A large front setback provides a buffer for the residential units along Beach Boulevard, which are accessed from the interior passage ways and courtyard areas. The common open space areas are spaced throughout the development and provide variation in type to accommodate the distinct needs of the residents. H . Noise Element Policy N 1.2.1: Require, in areas where noise levels exceed an exterior Ldn of 60 dB(A) and an interior Ldn of 45 dB(A), that all new development of "noise sensitive" land uses, such as housing, health care facilities, schools, libraries, and religious facilities, include appropriate buffering and/or construction mitigation measures that will reduce noise exposure to levels within acceptable limits. Policy N 1.2.3: Require development, in all areas where the ambient noise level exceeds an Ld, of 60 dB(A), to conduct an acoustical analysis and incorporate special design measures in their construction, thereby, reducing interior noise levels to the 45 dB (A) Ldn level. The project has been designed to be sensitive to issues related to multi -family residential developments. The project proposes to attenuate noise, consistent with the required mitigation measures, from HVAC systems and existing commercial uses as well as roadway noise. A large 30-foot primarily landscaped setback from Beach Boulevard as well as a 15-foot wide pedestrian zone also buffers the residential units from vehicular noise on Beach Boulevard. The project will provide an acoustical analysis to ensure that the residential units and adjacent sensitive uses would not be detrimentally impacted by the various potential noise sources. 1. Public Facilities and Public Services Element Policy PF 2.3.1: Continue to require all structures to follow all State and nationally recognized fire codes. Policy PF 2.3.2: Ensure that new construction is designed with fire and emergency access and safety in mind. The project provides new access and a drive aisle that meets Fire code standards for emergency access. The residential structure would be equipped with a fire suppression system consisting of an alarm system, sprinklers, extinguishers, etc., conforming to the requirements of the Fire Department. Additionally, the project would implement measures to mitigate hazards related NOA &PR No. 11-005, EA No. 11-009 Attachment No. 1.8 A% g - j° 6 $ jg r�`] to methane, oil well abandonment and soil contamination in accordance with the requirements of the Fire Department and applicable agencies- J. Urban Design Element Goal UD 1: Enhance the visual image of the City of Huntington Beach. Objective UD 1.3: Strengthen the visual character of the City's street hierarchy in order to clarify the City's structure and improve Citywide identity. Policy UD 1.1.3: Require a consistent design theme and/or landscape design character along the community's corridors that reflects the unique qualities of each district. Ensure that streetscape standards for the major commercial corridors, the residential corridors, and primary and secondary image corridors provide each corridor with its own identity while promoting visual continuity throughout the City. Policy UD 1.3.2a.: Develop or enhance the pedestrian environment in those parts of the corridors where there is existing or the potential for pedestrian activity, this includes use of: sidewalk furniture, shade trees, special paving, and pedestrian walkway linkages. The proposed improvements to the Beach Boulevard streetscape create continuity with the existing residential nature of Beach Boulevard south of Adams Avenue, mimic the streetscape imagery envisioned for the Residential Parkway segment to the south, and provide a sufficient landscape buffer to separate pedestrians from the Beach Boulevard vehicular thoroughfare. A large front setback and public open space along Beach Boulevard establish a public realm that focuses on pedestrians rather than vehicles. Pedestrian connectivity from the development's common areas to the public open space and an enhanced Beach Boulevard pedestrian streetscape promote access to public transportation adjacent to the development site. Public open space is provided directly along Beach Boulevard to maximize functionality. The public open space would accommodate passive amenities such as enhanced hardscape and seating areas, trash receptacles, bike racks, public art, shade trees and integrates landscaping that also functions as a natural treatment system for runoff water. The project site provides the ideal location to incorporate connectivity elements between the common private open space areas and public open space and right-of-way to activate and integrate the urban environment and revitalize community life in the surrounding area. K. Utilities Element Objective U 1.2: Ensure that existing and new development does not degrade the City's surface waters and groundwater basins. NOA SPR Na. 11-005, EA No, 11-009 Attachment No. 1.9 y y ` � ,LLB:. �. ; k . ,,_ , �4 1 Obiective U 9.3: Minimize water consumption rates through site design, use of efficient systems, and other techniques. Policy U 1.3.2. Continue to require the incorporation of water conservation features in the design of all new and existing uses such as the use of native plants, low flow toilets and water efficient appliances. Consistent with the provisions of the BECSP, the project would incorporate energy conservation and sustainable design features. The project proposes to incorporate energy efficient appliances and light fixtures, energy efficient window systems, low -flow plumbing fixtures, a water efficient irrigation system, and low water consuming landscaping. The project would comply with the BECSP and other applicable codes and regulations to reduce water consumption and stormwater runoff. CONDITIONS OF APPROVAL —SITE PLAN REVIEW NO. 11-005: 1. The site plan, floor plans and elevations of Site Plan Review No. 11-005 received March 22, 2012, shall be the conceptually approved design except as modified below and amended by the conditions specified herein. a) A minimum three-foot wide landscape planter shall be provided between the 25-foot wide driveway and the existing 11-foot access easement in the southwest portion of the site. b) A stop sign shall be posted at the visitor parking exit from the parking structure for drivers before exiting the structure. c) The visitor parking exit/entry to the parking structure shall have a minimum 12-foot transition length in lieu of the eight -foot length proposed. d) Utility meters shall be located within an enclosed building or structure or, if wall -mounted, screened from view from the public right-of-way. No utility meters shall be mounted on the east or south building elevations. e) The parking structure columns along the west elevation shall be treated with stone veneer (Eldorado Stacked Stone -- Chapel Hill). f) The public open space shall be improved with amenities such as a larger enhanced hardscape area at the south portion next to entry driveway, bike racks, public art element, benches, trash receptacles, shade trees and a public information/outreach kiosk with information on BMP swale. The final design for the public open space shall be reviewed and approved by the Planning Division. NOA SPR No. 11-005, EA No. 11-PD9 Attachment No. 1.10 ,, 154 ! s;°N O � , g) The top half of the interior of the parking structure shall be painted white and lighting shall be located directly between parking stalls or in the center of parking structure aisles. Cameras shall be placed at the entrance and exit of the parking structure as well as elevator waiting areas, stairwells, and trash areas. The cameras shall record 24 hours, seven days a week. Minimum 800 MHz radio antennas shall be installed so that emergency personnel can effectively receiveltransmit in the parking structure. 2. Comply with all mitigation measures adopted for the project in conjunction with Environmental Impact Report No. 08-008 as specified in the Mitigation Monitoring Program for Beach Walk Apartments. 3. At least 14 days prior to any grading activity, the property owner/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site. 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. 4, A 25-foot setback shall be maintained on both sides of the active earthquake fault traversing the southwest portion of the property. No habitable structures shall be permitted or constructed within the 25-foot setback area as 'set forth in the Fault Rupture Hazard Investigation prepared by Petra Geotechnical, Inc. dated June 30, 2011. 5. Prior to issuance of a precise grading permit, the following shall be completed: a) An interim parking and building materials storage plan shall be submitted to the Planning Division to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projects construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The property owner/developer shall obtain any necessary encroachment permits from the Department of Public Works. b) Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Division. Double walls shall be prohibited. Interior property line walls (north, south and west) shall be a maximum of six feet in height and comply with Section 2.6.8 (4) of the BECSP. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage_ NOA SPR No. 11-005, FA No. 11-009 Attachment No. 1.11 : R j � r ' ��nj�•c�Fp+� 9yt� a �xs�.eRae 3� kiy G c) A lot line adjustment shall be approved and recorded to consolidate the existing parcels on the site. d) All design and construction shall be per the City Standard codes and street configuration and specifications of the Beach and Edinger Corridors Specific Plan. The frontage along Beach Boulevard shall comply with the "Parkway" configuration. (PW) e) Caltrans encroachment permits for work within the Caltrans right-of-way (for construction of sidewalks, driveways, utility connections, drainage, etc.) shall be obtained by the property owner/developer prior to issuance of a precise grading permit. Since Caltrans does not allow any increase in drainage above existing onto Beach Boulevard, the property owner/developer shall include a Hydrology Study for Caltrans review and approval with the encroachment permit application. A copy of each submittal, encroachment permit, traffic control plan and/or other permission granted by Caltrans shall be transmitted to the Public Works Department. (PYO 6. Prior to submittal for building permits, the following shall be completed: a) One set of project plans and one 8 Y2 inch by 11 inch set of all colored renderings, elevations, and materials sample and color palette, revised pursuant to Condition of Approvals and Code Requirements, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Division. b) Zoning entitlement conditions of approval, code requirements identified herein and code requirements identified in separately transmitted memorandum from the Departments of Fire and Public Works shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. c) Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Division for addressing purposes. d) Contact the United States Postal Service for approval of mailbox location(s). e) The property owner/developer shall submit a report, prepared by an accredited third party, that the project plans have been prepared in accordance with the criteria to achieve LEED (Leadership in Energy and Environmental Design) certification. The property owner/developer shall also provide proof of retention of a third party rater to ensure that the project is constructed according to all specifications as they relate to the criteria of the LEED rating system. 7. Prior to issuance of a building permit the following shall be completed: NOA SPR No. 11-005, EA No. 11-009 Attachment No. 1.12 j .NIT i .: E a ` s a) The property ownerldeveloper shall provide a Landscape Maintenance License Agreement for the continuing maintenance and liability of all landscaping, irrigation, furniture and enhanced hardscape that is located along the project frontage within the public right of way. The agreement shall describe all aspects of maintenance such as enhanced sidewalk cleaning, trash cans, disposal of trash, signs, tree or palm replacement and any other aspect of maintenance that is warranted by the development plan improvements proposed. The agreement shall state that the property ownership shall be responsible for all costs associated with maintenance, repair, replacement, liability and fees imposed by the County, City and/or Caltrans. (PW) b) A Development Agreement shall be approved by the City Council and recorded. The Agreement shall provide for affordable dwelling units in accordance with the Beach and Edinger Corridors Specific Plan (BECSP) and the Huntington Beach Zoning and Subdivision Ordinance as well as required traffic mitigation fees. The number and location of units and affordability terms shall be set forth in the Development Agreement. c) A public art element, approved by the Design Review Board, Director of Planning and Building, and the Cultural Services Supervisor, shall be depicted on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society). d) A "no -build" easement shall be recorded by the property ownerldeveloper specifying that no construction shall be permitted within the existing 11-foot wide pedestrian access easement along the southwesterly property line. The "no -build" easement shall be reviewed and approved by the Planning and Building Department prior to recordation at the County of Orange. e) An acoustical study shall be prepared by a certified acoustical engineer for the parking structure. Should the results of the acoustical study indicate that that exterior and interior noise levels would exceed the standards set forth in the City of Huntington Beach Municipal Code Sections 8.40.050 through 8.40.070, the property ownerldeveloper shall include design measures to ensure that noise levels do not exceed City standards. Final project design shall incorporate special design measures in the construction of the parking structure, if necessary. 8. Prior to occupancy of the first dwelling unit, the following shall be completed: a) Enhanced paving materials shall be provided at all vehicular entrances and pedestrian connections. NSA SPR No. 11-005, EA No. 11-009 Attachment No. 1.13 5t a �-r k �{ b) A Parking Management Plan, approved by the property owner/developer shall be submitted for review and approval by the Planning Division. Said plan shall depict designated (residents/ employees/ guests) parking space locations. c) The property owner/developer shall submit proof of registration with the LEED rating program and a checklist of how certification is proposed to be achieved. Within 45 days of final building permit approval, the property owner/developer shall provide a final report by an accredited third party stating that the project has achieved LEED certification and provide the City with evidence of said certification. 9. The developer or developer's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 10. SPR No. 11-005 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning and Building Department a minimum 30 days prior to the expiration date. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project property owner/developer 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 property owneddeveloper of any claim, action or proceeding and should cooperate fully in the defense thereof. NOA SPR No_ 11-005, EA No. 11-09 Attachment No_ 1.14 a f eT � � 5 4. �, °'�,� i a i. C� Mitigation Monitoring Program for Beach Walk Apartments (3.19.12) khp kmentchon ompbancQVer�icarfon o l41r1igafionMeuBure 'oncumeniaHcsn: 1fm(n lNonNor S n MM4.1-2 Proposed new structures shall be designed to maximize the use Building plans Plan check Review and Planning of non -reflective fagade treatments, such as matte paint or glass coatings, prior to approve building Prior to issuance of building permits for the proposed project, the Applicant issuance of plans for Inclusion shall indicate proAslon of these materials on the building plans. building of features permit MM4.2-1 Project applicants shall require by contract specifications that all Contract language Plan check Review and Planning diesel -powered equipment used will be retrofitted with after -treatment and notes on grading prior to approve grading products (e.g., engine catalysts). Contract specifications shall be included plans issuance of plans for inclusion In project construction documents, which shall be reviewed by the City of a grading Huntington Beach prior to issuance of a grading permit. permit MM4,2-2 Project applicants shall require by contract specifications that all Contract language Plan check Review and Planning heavy-duty diesel -powered equipment operating and refueling at the and notes on grading prior to approve grading project site use low-NOx diesel fuel to the extent that it Is readily available plans issuance of plans for inclusion and cost effective (up to 126 percent of the cost of Califomia Air Resources a grading Board diesel) in the South Coast Air Basin (this does not apply to diesel- permit powered trucks traveling to and from the project site), Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Huntington Beach prior to issuance of a grading permit. MM4.2-3 Project applicants shall require by contract specifications that Contract language Plan check Review and Planning construction equipment engines be maintained in good condition and In and notes on grading prior to approve grading proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in project construction documents, which shall be reviewed by the City of Huntington plans issuance of a grading permit plans for Inclusion Beach prior to issuance of a grading permit. MM4.2-4 Project applicants shall require by contract specifications that Contract language Plan check Review and - Planning construction operations rely on the electricity infrastructure surrounding the and notes on grading prior to approve grading construction site rather than electrical generators powered by internal plans issuance of plans for Inclusion combustion engines. Contract specifications shall be Included in project a grading construction documents, which shall be reviewed by the City of Huntington permit Beach prior to issuance of a grading permit. MM4.2.5 As required by South Coast Air Quality Management District Rule Contract language Plan check Review and Planning 403—Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures and notes on grading plans priorto issuance of approve grading plans for inclusion during each phase of project development to reduce the amount of a grading particulate matter entrained in the ambient air. These measures Include the permit following; ■ Application of soil stabilizers to inactive construction areas • Quick replacement of ground cover in disturbed areas Attachment No. 2 -- Mitigation Monitoring Program i TTI z 0 Dale wa*_ Axurinentatidn IMP9 Monj?6A :Mo)j&v : Val i AETft_JLr;i IF • Watering of exposed surfaces three times daily • Watering of all unpaved haul roads three times daily • Covering all stock plies With tarp • Reduction of vehicle speed on unpaved roads • Post signs on -site limiting traffic to 115 miles per hour or less • Sweep streets adjacent to the project site at the end of the day if visible soil material Is carried over to adjacent roads • Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from Impacting the surrounding areas • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip MM4.2-6 Project applicants shall require by contract specifications that construction -related equipment, Including heavy-duty equipment, motor Contract language and notes on grading Plan check prior to Review and approve grading Planning vehicles, and portable equipment, shall be turned off when not In use for more than 30 minutes. Diesel -fueled commercial motor vehicles with gross plans and construction plans Issuance of a grading plans and building plans for Inclusion vehicular weight ratings of greater than 10,000 pounds shall be turned off permit when not In use for more than 6 minutes. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Huntington Beach. MM4.2-7 Project applicants shall require by contract specifications that Contract language Plan check Review and Planning construction parking be configured to minimize traffic Interference during and notes on grading prior to approve grading the construction period and, therefore, reduce Idling of traffic. Contract specifications shall be Included in the proposed project cons#uctlon plans and constructlon plans Issuance of a grading plans and building plans for inclusion documents, which shall be approved by the City of Huntington Beach. permit MM4.2-8 Project applicants shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all Contract language and notes on grading Plan check prior to Review and approve grading Planning phases of constinuctlon, to facilitate smooth traffic flow. Contract speciflcations shall be included In the proposed project construction plans and construction plans Issuance of a grading plans and building plans for Inclusion documents, which shall be approved by1he City of Huntington Beach. permit MM4.2-9 Project applicants shall require by contract specifications that construction activities that affect traffic flow an the arterial system be scheduled to off-peak hours (110:00A.M. to 4:00P.m.). Contract Contract language and notes on grading plans and construction Plan check prior to issuance of Review and approve grading plans and building Planning specifications shall be included in the proposed project construction plans a grading plans for inclusion documents, which shall be approved by the City of Huntington Beach. I I permit 2 Attachment No. 2 — Mitigation Monitoring Program ... . ......... ME r -i&n Re-'SPWIWc* VeifkaNdn MM4.2-10 Project applicants shall require by contract specifications that Contract language Plan check Review and Planning dedicated on-slte and off -site left -turn lanes on truck hauling routes be and notes on grading prior to approve grading utilized for movement of construction trucks and equipment on site and off plans and construction issuance of plans and building site to the extent feasible during construction activities. Contract plans a grading plans for inclusion specifications shall be Included In the proposed project construction permit documents, which shall be approved by the City of Huntington Beach. MM4.2-11 Upon issuance of building or grading permits, whichever is Mall to owners & Plan check Review and Planning issued earlier, notification shall be mailed to owners and occupants of all occupants within 300 prior to approve notice developed land uses within 300 feet of a project site within the Specific feet of project site a Issuance of Plan providing a schedule for major construction activities that will occur notice regarding major a grading or through the duration of the construction period. In addition, the notification construction activities building will include the identification and contact number for a community liaison permits, and designated construction manager that would be available on site to which occur monitor construction activities, The construction manager shall be earlier responsible for complying with all project requirements reWed to PMID generation. The construction manager will be located at the on -site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. MM4,2-12 Project applicants shall require by contract specifications that Contract language Plan check Review and Planning the architectural coating (paint and primer) products used would have a and notes on prior to approve building VOC rating of 125 grams per liter or less. Contract specifications shall be construction plans issuance of plans for inclusion included in the proposed project construction documents, which shall be a building reviewed and approved by the City of Huntington Beach. permit MM4.2-13 Project applicants shall require by contract specifications that Contract language Plan check Review and Planning materials that do not require painting be used during constuctlon to the and notes on grading prior to approve grading extent feasible. Contract specifications shall be included in the proposed plans and construction issuance of plans and project construction documents, which shall he reviewed and approved by plans a grading construction plans the City of Huntington Beach. permit for inclusion MM4.2-14 Project applicants shall require by contract specifications that Contract language Plan check Review and Planning pre -painted construction materials be used to the extent feasible. Contract and notes on grading prior to approve grading specifications shall be Included In the proposed project construction documents, which shall be reviewed and approved by the City of plans and construction plans issuance of a grading plans and building plans for Inclusion Huntington Beach. permit MM4.3-1 Nesting avian species protected by the MBTA: Developer shall Plan check Review grading Planning a. Prior to any construction or vegetation removal between February 16 and August 31, a nesting bird survey shall be conducted by a qualified biologist of all habitats within 250 feet of the construction area. submit construction schedule (including grading activities) as prior to Issuance of a grading plans for Inclusion 3 Rafe Ire rrientahon p(e � ;. Mon N�ringACftvHy es Bible R" pas a Veri7coilod Compfranc , M nMensur� ;:: Docui»entatton `: Tsmm ., : Mon7or' ,.S ahre . Surveys shall be conducted no less than 14 days and no more than evidence of permit Review field Planning 30 days prior to commencement of construction activities and surveys construction overlap survey, If will be conducted In accordance with CDFG protocol as applicable. If with breeding season. necessary no active nests are Identified on or within 250 feet of the construction If construction occurs site, no further mitigation is necessary. A copy of the pre -construction during relevant Planning sunray shall be submitted to the City of Huntington Beach, if an active breeding, developer During As necessary nest of a MBTA protected species Is identified onsits (per established shall present a survey construction pursuant to field thresholds) a 100-foot no -work buffer shall be maintained between the report (prepared by a survey, review and nest and construction activity. This buffer can be reduced In consultant approved approve consultation with CDFG and/or USFWS. by the City) to the City recommendations b, Completion of the nesting cycle sha11 be determined by qualified prior to issuance of a and any other ornithologist or biologist, grading permit if relevant nests are found, documents per developer shall submit this mitigation plans Identifying nest locations and limits of construction activities. 4 Aitachmeni No. 2- Mitigation Monitoring Program MCnAottngAchvdy Co p6aWe n m MAf hMeasure :::: rpocuhfarltblion.m1n'eMonflor 'S1 '6hAe.' MM4,4-2(a) Prior to any earth -disturbing activities (e.g., excavation, Proof of retention of Plan check Verify retention of Planning trenching, grading) that could encounter undisturbed soils, the project archaeological prior to qualified monitors, applicant shall retain an archaeologist who meets the Secretary of the professional to Issuance of as necessary Interior's Professional Qualifications Standards for Archaeology to determine if a demolition determine if the project could result in a substantial adverse change In the substantial adverse or grading significance of an archaeological resource pursuant to Section 15064.5 of change would occur to permit, the CEQA Guidelines or disturb human remains. The investigation shall an archaeological whichever include, as determined appropriate by the archaeologist and the City of resource occurs Huntington Beach, an updated records search of the South Central Coastal earlier Information Center (SCCIC) of the California Historical Resources Information System, updated Native American consultation, and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any archaeological resources within the Throughout Periodic field development area and Includes recommendations and methods for ground check Planning eliminating or avoiding impacts on archaeological resources or human remains, The measures shall include, as appropriate, subsurface testing of disturbing archaeological resources and/or construction monitoring by a qualified activities professional and, if necessary, appropriate Native American monitors identified by the applicable tribe (e.g., the Gabrfelirho Tongva Nation) and/or the Native American Heritage Commission. The methods shall also include procedures for the unanticipated discovery of human remains, which shall be in accordance with Section 5097.98 of the State Public Resources Code and Section 7050,5 of California's Health and Safety Code. The technical report or memorandum shall be submitted to the City of Huntington Beach for approval, As determined necessary by the City, environmental documentation (e.g„ CEQA documentation) prepared for future development within the project site shall reference or incorporate the findings and recommendations of the technical report or memorandum, The project applicant shall be responsible for Implementing methods for eliminating or avoiding impacts on archaeological resources identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate non -disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth - disturbing activities. Projects that would 'include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4 2(b). T Attachment No. 2— Mitigation Monitoring Program 5 BONN . Date MP rne. 1-.�Md hg ctw A aspbh2 e orholidwe'Vl cftn; Dodo MM4.4-2(b) If evidence of an archaeological site or other suspected Proof of retention of Throughout Verify retention of Planning historical resource as defined by CEQA Guidelines Section 15064.6, archaeological ground qualified monitors, including darkened soll representing past human activity ("midden"), that professional to disturbing as necessary, and could conceal material remains (e.g., worked stone, fired clay vessels, determine If a activities complete faunal bone, hearths, storage pits, or burials) are discovered during any substantial adverse documentation project -related earth -disturbing activities (including projects that would not change would occur to encounter undisturbed soils), all earth -disturbing activity within 100 feet of an archaeological the find shall be hailed and the City of Huntington Beach shall be notified, resource The project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less -than -significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural Periodic field Planning resources shall be recorded on the appropriate DPR 523 (A-L) form and check filed with the appropriate Information Center. MM4.4-3(a) Prior to any earth -disturbing activities (e.g., excavation, Proof of retention of Plan check Verify retention of Planning trenching, grading) that could encounter undisturbed soils, the project paleontological prior to qualified monitors, applicant shall retain a professional paleontologist to determine if the professional to issuance of as necessary project could directly or indirectly destroy a unique paleontological determine If a demolition resource or site or unique geologic feature. The Investigation shall Include, substantial adverse or grading as determined appropriate by the paleontologist and the City of Huntington change would occur to permit, Beach, a paleontology records check and a pedestrian survey of the area an paleontological whichever proposed for development. The results of the investigation shall be resource occurs documented in a technical report or memorandum that identifies the earlier paleontological sensitivity of the development area and includes recommendations and methods for eliminating or avoiding impacts on paleontological resources or unique geologic features. The technical report or memorandum shall be submitted to the City of Huntington Beach for approval, As determined necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for future Throughout Periodic field development within the project site shall reference or Incorporate the ground check Planning findings and recommendations of the technical report or memorandum. disturbing The project applicant shall be responsible for Implementing methods for activities eliminating or avoiding Impacts on paleontological resources or unique geologic features identified in the technical report or memorandum. Projects that would not encounter undisturbed soils and would therefore not be required to retain a paleontologist shall demonstrate non - disturbance to the City through the appropriate construction plans or geotechnical studies prior to any earth -disturbing activities. Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-3(b). Attachment No. 2 — Mitigation Monitoring Program DGtG fmpremerihohon iNonlforingAchv�fy :.'.Iteaponslbl� Cvmp6ancel/er>Ylcahbn Mid` it easUie f7oCumantahon. 7iMirr MortHcr.. 3 p(ute .. MM4.4.3(bj Should paleontological resources (i.e.. fossil remains) be Proof of retention of Throughout Verify retention of Planning identified at a particular site during project construction, the construction paleontological ground qualified monitors, foreman shall cease construction within 100 feet of the find until a qualified professional to disturbing as necessary, and professional can provide an evaluation. Mitigation of resource impacts shall determine if a activities complete be Implemented and funded by the project applicant and shall be substantial adverse documentation conducted as follows: change would occur to 1. Identify and evaluate paleontological resources by intense field survey an paleontological where impacts are considered high resource 2. Assess effects on Identified sites 3. Consult with the institutionallacademic paleontologists conducting research investigations within the geological formations that are slated to be impacted 4. Obtain comments from the researchers Periodic field 5. Comply with researchers' recommendations to address any significant check Planning adverse effects where determined by the City to be feasible In considering any suggested mitigation proposed by the consulting paleontologist, the City of Huntington Beach staff shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, applicable policies and land use assumptions, and other considerations. if avoidance Is unnecessary or Infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. MM4.5.1 Future development in the Beach Boulevard and Edinger Avenue Soils and Plan check Review and Planning Corridors Specific Plan area shall prepare a grading plan to contain the Geotechnical analysis; prior to approve grading recommendations of the final soils and geotechnical report, These issuance of plans and building recommendations shall be implemented in the design of the project, a grading plans for inclusion Including but not limited to measures associated with site preparation, fill Notes on grading plan permit placement, temporary shoring and permanent dewatering, groundwater and building plans seismic design features, excavation stability, foundations, soil stabilization, establishment of deep foundations, concrete slabs and pavements, surface drainage, cement type and corrosion measures, erosion control, shoring and internal bracing, and plan review. MM4,6.1 Prior to the issuance of grading permits on any project site, the Preparation of Plan check Review ESA, and, Fire site developer(s) shall: technical prior to as necessary, ■ Investigate the project site to determine whether it or immediately documentation to Issuance of review and adjacent areas have a record of hazardous material contamination via address site -specific demolition approve Closure the preparation of a preliminary environmental site assessment (ESA), hazards; Risk or grading Reports which shall be submitted to the City for review. If contamination is Management Plan permits, found the report shall characterize the site according to the nature and and whichever extent of contamination that is present before development activities Site Health and Safety occurs precede at that site. Plan earlier T Attachment No, 2 — Mlflgalion Monitoring rrogram RM `: ImplemenMHon : MonNafng Achvty ' R onsllire ompWnce VerlScaHon ,' ctho' ribAeas� 'i�ocumenfuHon ;ilniln c tiinttor o Si patine _iir ■ If contamination is determined to be on site, the City, in accordance with appropriate regulatory agencies, shall determine the need for further investigation and/or remediation of the soils conditions on the contaminated site. if further investigation or remediation is required, it shall be the responsibility of the site developer(s) to complete such investigation and/or remediation prior to construction of the project. a If remediation is required as identified by the local oversight agency, it shall be accomplished In a manner that reduces risk to below applicable standards and shall be completed prior to issuance of any occupancy permits. u Closure reports or other reports acceptable to the Huntington Beach Fire Department that document the successful completion of required remedlation activities, if any, for contaminated soils, in accordance with City Specification 431-92, shall be submitted and approved by the Huntington Beach Fire Department prior to the Issuance of grading permits for site development, No construction shall occur in the affected area until reports have been accepted by the City. .MM4,8.2 In the event that previously unknown or unidentified soil and/or Rlsk Management Plan check Review and Fire groundwater contamination that could present a threat to human health or Plan prior to approve grading the environment is encountered during construction of the proposed and Issuance of and building plans project, construction activities in the immediate vicinity of the contamination Site Health and Safety any grading for inclusion shall cease Immediately. If contamination is encountered, a Risk Plan permit and Management Plan shall be prepared and implemented that (1) identifies during the contaminants of concern and the potential risk each contaminant would construction pose to human health and the environment during construction and post - development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards, Such measures could include a range of options, Including, but not limited to, physical site controls during construction, remediation, long-term monitoring, post - development maintenance or access limitations, or some combination thereof, Depending on the nature of contamination, if any, appropriate agencies shall be notifled (e.g., City of Huntington Beach Fire Department), If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and In place prior to commencement of work In any contaminated area. MM4,6-3 Prior to the Issuance of grading permits, future development in Methane Testing Plan Prior to Review and Fire the Specific Plan shall comply with HBFD City Specification No. 429, commence approve grading Methane District Building Permit Requirements. A plan for the testing of Notes building and ment of and building plans soils for the presence of methane gas shall be prepared and submitted by methane a plans sampling for inclusion, and the Applicant to the HBFD for review and approval, prior to the review and commencement of sampling. If significant levels of methane gas are issuance of issuaPrior nce approve sampling discovered In the soil on the future development project site, the any grading plan, as necessary Applicant's grading, building and methane plans shall reference that a sub- permit and slab methane barrier and vent system will be Installed at the project site during er Ci S ecification No. 429, prior to plan approval. If required b the p__�—p Attachment No. 2 — Mitigation Monitoring Program Dafe 1 rrtplemen MbadortngAcHvMy Responsible Colnnde mhfgid n Measure .. ..: G►bcume n 7lmin MotlHarrl S' nakxe HBFD, additional methane mitigation measures to reduce the level of construction methane gas to acceptable levels shall be implemented, MM4.6.4 To ensure adequate access for emergency vehicles when Prepare construction Prior to Review and Planning construction activities would result in temporary lane or roadway closures, roadway plans approval of approve grading the developer shall consult with the City of Huntington Beach Police and grading or and building plans Fire Departments to disclose temporary lane or roadway closures and building for inclusion alternative travel routes. The developer shall be required to keep a permits, minimum of one lane in each direction free from encumbrances at all times whichever on perimeter streets accessing the project site.. At any time only a single occurs lane is available, the developer shall provide a temporary traffic signal, earlier signal carriers (i.e., flagpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall coordinate with the City of Huntington Beach Police and Fire Departments to designate proper detour routes and slgnage Indicating alternative routes. MM4.7-1 City of Huntington Beach shall require Applicants for new Water Quality Prior to Review and Public development and significant redevelopment projects within the Specific Management Plan receiving a approve Water Works Plan area to prepare a project Water Quality Management Plan (WQMP) in precise Quality accordance with the DAMP requirements and measures described below grading Management Plan and with all current adopted permits. The WQMP shall be prepared by a permit Licensed Civil Engineer and submitted for review and acceptance prior to issuance of a Precise Grading or Building permit, BMPs in the WQMP shall be designed in accordance with the Municipal NPDES Permit, Model WQMP, DAMP, and City of Huntington Beach LIP. As noted in the Specific Plan, all development projects shall Include site design and source control BMPs in the project WQMP. Additionally, new development or significant redevelopment projects and priority projects shall include LID principles to reduce runoff to a level consistent with the maximum extent practicable and treatment control BMPs in the WQMP. if permanent dewatering Is required and allowed by the City, OCWD, and other regulatory agencies, the Applicant shall include a description of the dewatering technique, discharge location, discharge quantities, chemical characteristics of discharged water, operations and maintenance plan, and WDiD number for proof of coverage under the De Minimus Threat General Permit or copy of the individual WDR In the WQMP. Additionally, the WQMP shall incorporate any additional BMPs as required by the City Public Works Department. The WQMP shall include the following additional requirements: EjgjBct and site Characterization Requirements 06 Entitlement Application numbers and site address shall be included on the title sheet of the WQMP ■ In the project descri lion section, a lain whether ro osed use n • Attachment No. 2 — Mitigation Monitoring Program Mflf nMeuscx� ':.... _ lDocom wdlfon .: nrrlin MOnkonhgAcitvU�+ . Monrla a Co n mprdanee oho uate includes onsite food preparation, eating areas (if not please state), outdoor activities to be expected, vehicle maintenance, service, washing cleaning (If prohibited onsite, please state) ■ All potential pollutants of concern for the proposed project land use type as per Table 7.11.1 of the Orange County Model Water Quality Management Plan shall be Identified ■ A narrative describing how all potential pollutants of concern will be addressed through the implementation of BMPs and describing how site design BMP concepts will be considered and Incorporated into the project design shall be included ■ Existing soil types and estimated percentages of perviousness for existing and proposed conditions shall be identified rr In Section i of the WQMP, state verbatim the Development Requirements from the Planning Department's letter to the Applicant ■ A site plan showing the location of the selected treatment control BMPs and drainage areas shall be Included in the WQMP ■ A Geotechnical Report shall be submitted to address site conditions for determination of Infiltration limitations and other pertinent characteristics. Protect -Based Treatment Control BMPs ■ Infiltration -type BMPs shall not be used unless the Geotechnical Report states otherwise. Depth to seasonal high groundwater is determined to provide at least a 10-foot clearance between the bottom of the BMP and top of the water table. It is expected that Infiltration BMPs may be feasible between Holland Drive and Utica Drive, however, a Geotechnical Investigation must be conducted to ensure sufficient properties ■ Wet swales and grassed channels shall not be used because of the slow infiltration rates of project site soils, the potentially shallow depth to groundwater, and water conservation needs ■ if proprietary Structural Treatment Control devices are used, they shall be sited and deslgned in compliance with the manufacturers deslgn criteria ■ Surface exposed treatment control BMPs shall be selected such that standing water drains or evaporates within 24 hours or as required by the County's vector control ■ Excess stormwater runoff shall bypass the treatment control BMPs unless they are designed to handle the flow rate or volume from a 100- year storm event without reducing effectiveness. Effectiveness of any treatment control BMP for removing the pollutants of concern shall be documented via analytical models or existing studies on effectiveness. w The project WQMP shall incorporate water efficient landscaping using __-drought tolerant, native plants in accordance with Landscape and 10 Attachment No. 2 — Mitigation Monitoring Program f"51 . Mai n Measure rrripleri��ntfitmn Utn. Vedk Irrigation Plans as set forth by the Association (see below) • Pet waste stations (stations that provide waste pick-up bags and a convenient disposal container protected from precipitation) shall be provided and maintained • Building materials shall minimize exposure of bare metals to stormwater. Copper or Zinc roofing materials, including downspouts, shall be prohibited. Bare metal surfaces shall be painted with non -lead - containing paint The following BMPs shall not be used because they have not been shown to be effective in many situations. Therefore, unless sufficient objective studies and review are available and supplied with the WQMP to correctly size devices and to document expected pollutant removal rates the WQMP shall not include: • Hydrodynamic separator type devices as a BMP for removing any pollutant except trash and gross particulates • Oil and Grit separators • Any Applicant proposing development in the Specific Plan Area is encouraged to consider the following BMPs: • Sand filters or other filters (including media filters) for rooftop runoff • Dry swales. A dry swale treatment system could be used K sufficient area, slope gradient, and length of swale could be incorporated into the project design. Dry swales could remove substantial amounts of nutrients, suspended solids, metals, and petroleum hydrocarbons • Other proprietary treatment devices (If supporting documentation Is provided) Non -Structural BMPs. The WQMP shall Include the following operations and maintenance BMPs; under the management of a Homeowners/Business Association (Association), where applicable. The Association shall fund and implement an operational and maintenance program that Includes the following: a The Association shall dictate minimum landscape maintenance standards and tree trimming requirements for the total project site, Landscape maintenance shall be performed by a qualified landscape maintenance company or individual in accordance with a Chemical Management Plan detailing chemical application methods, chemical handling procedures, and worker training. Pesticide application shall be performed by a certified applicator. No chemicals shall be stored on -site unless in a covered and contained area and in accordance with an approved Materials Management Plan. Application rates shall not exceed labeled rates for pesticides, and shall not exceed soil test rates for nutrients. Slow release fertilizers shall be used to prevent excessive I Attachment No. 2 - Mitigation Monitoring Program 1 T Z 0 n1pJ D66 Ing M&A e3pmft- e: n aanQ nutrients In stormwater or Irrigation runoff. 0 The Association shall have the power and duty to establish, oversee, guide, and require proper maintenance and free trimming procedures per the ANSI A-300 Standards as established by the International Society of Arborlst, The Association shall require that all trees be trimmed by or under the direct observation/direction of a licensed/certified Arborist for the entire area. The Association shall establish minimum standards for maintenance for the total community, and establish enforcement thereof for the total community. The Association shall rectify problems arlslng from incorrect tree trimming, chemical applications, and other maintenance within the total community, Landscape irrigation shall be performed in accordance with an Irrigation Management Plan to minimize excess Irrigation contributing to dry- and wet -weather runoff. Automated sprinklers shall be used and be inspected at least quarterly and adjusted yearly to minimize potential excess Irrigation flows, Landscape irrigation maintenance shall be performed in accordance with the approved irrigation plans, the City Water Ordinance and per the City Arboricul.tural and Landscape Standards and Specifications. ■ Proprietary stormwater treatment systems maintenance shall be In accordance with the manufacturer's recommendations. If a nonproprietary treatment system Is used, maintenance shall be In accordance with standard practices as Identified in the current CASQA (2003) handbooks, operations and maintenance procedures outlined 11 the approved WQMP, City BMP guidelines, or other CIty-accepted guidance. • Signage, enforcement of pet waste controls, and public education would improve use and compliance, and therefore, effectiveness of the program, and reduce the potential for hazardous materials and other pollution in stormwater runoff. The Association shall prepare and install appropriate signage, disseminate information to residents and retail businesses, and Include pet waste controls (e,g., requirements for pet waste clean up, pet activity area restrictions, pet waste disposal restrictions) In the Association agreement/Conditions, Covenants, and Restrictions. • Street sweeping shall be performed at an adequate frequency to prevent build up of pollutants (see http-./Avww.fhwa.dot.govlenvironmenVultraurb/ for street sweeping effectiveness), • The Association shall develop a maintenance plan for BMPs and facilities Identifying responsible parties and maintenance schedules and appropriate BMPs to minimize discharges of contaminants to storm drain systems during maintenance operations. • Reporting requirements: the Association shall prepare an annual report A- 12 Attachment No. 2 — Mitigation Monitoring Program Nam:. 72� Date �npme ti 1fjocum9ritahbn. Moitifoxing.4 CiNf1y ReSpbnYible CotnnCe 1ieliicWbn M' nMkdx hmtn Monor and submit the annual report to the City of Huntington Beach j 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. Site Design BMPs Any Applicant proposing development in the Specific Plan Area is required to Incorporate LID principles as defined in the Municipal NPDES Permit and Is encouraged to consider the following BMPs, if allowed in accordance with the Geotechnical Report and limitations on infiltration BMPs: s Use of porous concrete or asphalt (if acceptable to the Geotechnical Engineer and where Infiltration will not adversely affect groundwater) or other pervious pavement for driveways, paths, sidewalks, and courtyards/open space areas, to the maximum extent practicable, would reduce pollutants In stormwater runoff as well as provide some detention within the material void' space. If porous paver blocks are used, they shall be adequately maintained to provide continued porosity (effectiveness) a Incorporation of rain gardens or cisterns to reuse runoff for landscape irrigation le Green roofs to reduce runoff and treat roof pollutants Site design and landscape planning to group water use requirements for efficient irrigation MM4.7-2 The City of Huntington Beach shall require that any Applicant Groundwater Prior to Review and Public prepare a Groundwater Hydrology Study to determine the lateral Hydrology Study issuance of approve Works transmissivity of area soils and a safe pumping yield such that dewatering a precise Groundwater activities do not interfere with nearby water supplies. The Groundwater grading Hydrology Study, Hydrology Study shall make recommendations on whether permanent permit if necessary groundwater tlewatering is feasible within the constraints of a safe pumping level. The Applicant's engineer of record shall Incorporate the Hydrology Study designs and recommendations into project plans. If safe groundwater dewatering is determined to not be feasible, permanent groundwater dewatering shall not be implemented. The City Director of Public Works, OCWD, and other regulatory agencies shall approve or disapprove any permanent groundwater dewatering based on the Groundwater Hydrology Study and qualified Engineers' recommendations. --i .2.. 1 Void space is the empty space between individual particles. Attachment No. 2—Mitigation Monitoring Program 13 g �j h, nce e Tfming:. MM4.7-3 The City of Huntington Beach shall require that the Applicant's Hydrology and Prior to Review and Public Licensed Civil Engineer for each site -specific development prepare a Hydraulics Study Issuance of approve Works Hydrology and Hydraulic Study to identify the effects of potential a precise Hydrology and storrinwater runoff from the specific development on the existing storm grading Hydraulics Study drain flows for the 10-, 25-, and 100-year design storm events. The Precise final grading permit Hydrology and Hydraulic Study shall identify existing runoff and proposed and street Following Public runoff, In addition to existing storm drain system capacity at the improvement plans grading, Inspect Works development site discharge location to the nearest down -gradient main and studies excavation, improvements; junction. The Applicant shall design site drainage and document that the a verify proposed development would not Increase peak storm event flows over Innd stallation implementation existing conditions for the design storm events. The final site plan shall not of utilities per approved exceed an impervious fraction of 0.9, unless sufficient retention is plans incorporated Into the site design to accommodate excess runoff. The Hydrology and Hydraulic Study shall also Incorporate all current adopted Municipal NPOES Permit requirements for stormwater flow calculations and retentionidetention features In effect at the time of review, MM4.7-4 The City of Huntington Beach shall require that adequate Hydrology and Prior to Review and Public capacity in the storm drain system Is demonstrated from the specific Hydraulics Study issuance of approve Works development site discharge location to the nearest main channel to a precise Hydrology and accommodate discharges from the specific development. If capacity is grading Hydraulics Study demonstrated as adequate, no upgrades will be required. If capacity is not permit adequate, the City of Huntington Beach shall identify corrective action(s) required by the speck development Applicant to ensure adequate capacity. Corrective action could include, but Is not limited to: • Construction of new storm drains, as identified in the MPD or based on the Hydrology and Hydraulic Study, if the Hydrology and Hydraulic Study Identifies greater impacts than the MPD • Improvement of existing storm drains, as identified In the MPD or based on the Hydrology and Hydraulic Study, If the Hydrology and Hydraulic Study Identifies greater Impacts than the MPD • In-Ileu fees to implement system -wide storm drain infrastructure improvements • Other mechanisms as determined by the City Department of Public Works. • For nonresidential areas, If redevelopment would result in an Impervious fraction of less than 0.9 and does not increase the directly connected Impervious area compared to existing conditions, runoff is expected to remain the same or less than as assessed in the MPD and only MPD Improvements would be required, Because some storm drain system constraints may be located far downgradlent from be actual development site, several properties may serve to contribute to system capacity constraints. Therefore, the City Department of Public Works shall assess each site development and system characteristics to Men& the best method for achieving adequate 14 Attachment No. 2 — Mitigation Monitoring Program —y w r" impremenfohori Mohlh6fngACfiv�7y Responsl5fe Comp�aprc V icallon MNi rt M@iisllrs lSociimenfoHon Trm Main ffigiidfu� capacity in the storm drain system. Drainage assessment fees/districts to improvelimplement storm drains at downstream locations or where contributing areas are large are enforced through Municipal Corte (Section 14.20). The City Department of Public Works shall review the Hydrology and Hydraulic Study and determine required corrective action(s) or if a weiver of corrective action Is applicable, The site -specific, development Applicant shall incorporate required corrective actions into their project design and/or plan. Prior to receiving a Certificate of Occupancy or trial inspection, the City Department of Public Works shall ensure that required corrective action has been Implemented. MM4.9.1 Project applicants shali require by contract specifications that the Contract language Plan check Review and Planning following construction best management practices (13MPs) be Implemented and notes on grading prior to approve grading by contractors to reduce construction noise levels; and building plans Issuance of plans and building ■ Two weeks prior to the commencement of construction, notification a grading plans for inclusion must be provided to surrounding land uses within 300 feet of a project permit site disclosing the construction schedule, including the various types of Periodic field Planning activities that would be occurring throughout the duration of the check construction period • Ensure that construction equipment is properly muffled according to industry standards and be in good working condition ■ Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible ® Schedule high noise -producing activities between the hours of 6:00 A.M. and 5:00 P.M, to minimize disruption on sensitive uses, Monday through Saturday, Schedule pile -driving activities between the hours of 8:00 A.M, and 4:00 P,M. on Mondays through Fridays only, ■ Implement noise attenuation measures, which may Include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources i 19 Use electric air compressors and similar power tools rather than diesel equipment, where feasible ■ Construction -related equipment, including heavy-duty equipment, motorvehicles, and portable equipment, shall be turned off when not In use for more than 10 minutes ■ Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allowfor surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall Investigate, take appropriate corrective action, and report the action taken to the reporting party. Attachment No. 2 — Mitigation Monitoring Program �V 15 .Mon ng Contract specifications shall be Included In the proposed project construction documents, which shall be reviewed by the City prior to issuance of Ei grading perm It. MM4.9-2 Project applicants shall require by contract specifications that Contract language Priorto Review and Planning construction staging areas along with the operation of earthmoving and notes on grading issuance of approve grading equipment within the project area would be located as far away from plans and building a grading plans and building vibration and noise sensitive sites as possible. Contract specifications shall plans permit plans for Inclusion be included in the proposed project construction documents, which shall be reviewed by the City prior to issuance of a grading permit. MM4.M Project applicants shall require by contract specifications that Contract language Prior to Review and Planning heavily loaded trucks used during construction would be routed away from and notes on grading issuance of approve grading residential streets. Contract specifications shall be included in the plans and building a grading plans and building proposed project construction documents, which shall be reviewed by the plans permit plans for Inclusion City prior to issuance of a grading permit. MM4.9-4 Project applicants shall provide proper shielding for all new Contract language Prior to Review and Planning HVAG systems used by the proposed residential and mixed -use buildings and notes on building issuance of approve building to achieve a noise attenuation of 16 dBA at 50 feet from the equipment, plans a building plans for inclusion permit MM4.9-5 Prior to Issuance of building permits, project applicants shall Acoustical Study Prior to Review and Planning submilt an acoustical study for each development, prepared by a certified issuance of approve acoustical engineer. Should the results of the acoustical study indicate that building Acoustical Study that exterior (e.g., patios and balconies) and interior noise levels would permits exceed the standards set forth in the City of Huntington Beach Municipal Code Sections 8.40.050 through 8.4aO70, the project applicant shall include design measures that may Include acoustical paneling or walls to ensure that noilse levels do not exceed City standards. Final project design shall Incorporate special design measures In the construction of the residential units, if necessary, 10111114.11-11 Subject to the City's annual budgetary process, which considers Budget sufficiently to Prior to Confirm service Police available funding and the staffing levels needed to provide acceptable maintain standard Issuance of levels response time for firs and police services, the City shall provide sufficient level of fire and police building funding to maintain the City's standard, average level of service through protection permits the use of General Fund monies, Fire MM4,13A For future projects that occur Within the Specific Plan area, the Proof of fair share Priorto Confirm payment Public project applicant(s) shall make a fair share contribution for the addition of a payment Issuance of Works separate westbound right turn lane to the intersection of Beach Boulevard certificate of at Warner Avenue, Implementation of this Improvement would require occupancy 16 Attachment No. 2—Mitigation Monitoring Program - 0 ,..,.... M>n n Measure p enlafroh rrri tern DocurneM dHon ttmfa NfanNain�clHrry A Res si6le pon /lgbnifCif ComDate pliance V erPi 6tl n S diima MM4.13-2 For future projects that occur within the Specific Plan area, the project appilcant(s) shall make a fair share contribution for the addition of Proof of fair share payment Prior to Issuance of Confirm payment Public Works dual northbound and southbound left turn lanes to the intersection of certificate of Beach Boulevard at Garfield Avenue. Implementation of this improvement occupancy would require Caltrans approval. MM4.13.3 For future projects that occur within the Specific Plan area, the project applicant(s) shall make a fair share contribution for the addition of a fourth northbound through lane to the intersection of Brookhurst Street at Proof of fair share payment Prior to issuance of certificate of Confirm payment Public Works Adams Avenue, occupancy MM4.13-4 For future projects that occur within the Specific Plan area, the project applicant(s) shall make a fair share contribution for the addition of a separate northbound right turn lane to the intersection of Brookhurst Street Proof of fair share payment Prlorto issuance of certificate of Confirm payment Public Works at Adams Avenue. occupancy MM4.13.5 For future projects that occur within the Specific Plan area, the project applicant(s) shall make a fair share contribution for the addition of a fourth southbound through lane to the Intersection of Brookhurst Street at Proof of fair share payment Prior to issuance of certificate of Confirm payment Public Works Adams Avenue. occupancy MM4.13-6 For future projects that occur within the Specific Plan area, the project applicant(s) shall make a fair share contribution for the addition of a Proof of fair share payment Prior to Issuance of Confirm payment Public Works fourth eastbound through lane to the intersection of Brookhurst Street at certificate of Adams Avenue, occupancy MM4.13-7 For future projects that occur within the Specific Plan area, the project applicant(s) shall make a fair share contribution for the addition of a Proof of fair share payment Prior to Issuance of Confirm payment Public Works fourth westbound through lane to the intersection of Brookhurst Street at certificate of Adams Avenue. occupancy MM4.13-5 For future projects that occur within the Specific Plan area, the project appilcant(s) shall make a fair share contribution to allow a right turn overlap for a westbound right turn at the intersection of Brookhurst Street Proof of fair share payment Prior to issuance of certificate of Confirm payment Public Works at Adams Avenue. occupancy MM4.13-9 For future projects that occur within the Specific Plan area, the project applicant(s) shall make a fair share contribution to allow a right turn overlap for a northbound right turn at the intersection of Brookhurst Street Proof of fair share payment Prior to issuance of certificate of Confirm payment Public Works at Adams Avenue. occupancy MM4.13.10 For future projects that occur within the Specific Plan area, the project applicant(s) shall make a fair share contribution for the addition of a Proof of fair share payment Prior to Issuance of Confirm payment Public Works fourth northbound through lane to the intersection of Beach Boulevard at certificate of Edinger Avenue. Implementation of this improvement would require occupancy Caltrans approval. Attachment No. 2 — Mitigation Monitoring Program 17 Jr, Jmplementdtlon }VtonHoiingAcW' ttespunsldte Cotnpilarice VeiA9caHon IUIU! ntiteasure .: DGcumenttdbri i' 71m1h lGloriIfor .:: _. MM4.13-11 For future projects that occur within the Specific Plan area, the Proof of fair share Prior to Confirm payment Public project applicenl(s) shall make a fair share contribution for the addition of a payment issuance of Works third westbound through lane to the intersection of Beach Boulevard at certificate of Edinger Avenue. Implementation of this improvement would require occupancy Caltrans approval. MM4.13.12 For future projects that occur within the Specific Plan area, the project applicants) shall make a fair share contribution for the addition of a Proof of fair share payment Prior to issuance of Confirm payment Public Works separate southbound right turn lane to the Intersection of Beach Boulevard certificate of at Bolsa Avenue. Implementation of this Improvement would require occupancy Caltrans and City of Westminster approvals. MM4.13-13 For future projects that occur within the Specific Plan area, the Proof of fair share Priorto Confirm payment Public project applicant(s) shall make a fair share contribution for the addition of a payment issuance of Works second westbound left turn lane to the Intersection of Beach Boulevard at certificate of Talbert Avenue. Implementation of this Improvement would require occupancy Caltrans approval. MM4.13.14 For future projects that occur within the Specific Plan area, the Proof of lair share Prior to Confirm payment Public project applicant(s) shall make a fair share contribution for the addition of a payment issuance of Works de facto westbound right turn lane to the Intersection of Beach Boulevard certificate of at Talbert Avenue, Implementation of this improvement would require occupancy Caltrans approval. MM4.13.15 For future projects that occur within the Specific Plan area, the Proof of fair share Priorto Confirm payment Public project applicant(s) shall make a fair share contribution for the conversion payment issuance of Works of a separate westbound right turn lane to a de facto right turn lane at the certificate of intersection of Newland Street at Warner Avenue. occupancy MM4.13.16 For future projects that occur within the Specific Plan area, the Proof of fair share Prior to Confirm payment Public project applicant(s) shall make a fair share contribution for the addition of a payment issuance of Works third westbound through lane to the Intersection of Newland Street at certificate of Warner Avenue. occupancy MM4.13.17 For future projects that occur within the Specific Plan area, the Proof of fair share Prior to Confirm payment Public project applicant(s) shall make a fair share contribution for the addition of a payment Issuance of Works separate southbound right turn lane to the Intersection of Beach Boulevard certificate of at McFadden Avenue. Implementation of this Improvement would require occupancy Caltrans and City of Westminster approvals. MM4.13-18 For future projects that occur within the Specific Plan area, the Proof of fair share Prior to Confirm payment Public project applicant(s) shall make a fairshare contribution for the addition of a payment d issuance of Works separate northbound right turn lane to the intersection of Beach Boulevard certificate of at McFadden Avenue. Implementation of this improvement would require occupancy Caltrans and City of Westminster approvals. MM4.14.1 The components of future projects in the Specific Plan area Notes on construction Prior to Review and Public shall incorporate the following measures to ensure that conservation and plans and conditions, issuance of approve building . Works efficient water use practices are implemented per project. Project proponents, as applicable, shall; covenants and restrictions (CC&Rs), building permits; plans for Inclusion l9 ATracnrn®nT No. 2 — MIngarion moniTonng rrogram rVI mHi mo6siiv� ACI* e omble h nce Milfic6ftr Date • Require employees to report leaks and water losses immediately and as applicable shall provide information and training as required to allow for efficient reporting and follow up. • Educate employees about the importance and benefits of water Prior to final Public conservation. Inspection Field Check Works • Create water conservation suggestion boxes, and place them in prominent areas. • Install signs In restrooms and cafeterias that encourage water conservation, • Assign an employee to evaluate water conservation opportunities and effectiveness. • Develop and implement a water management plan for its facilities that includes methods for reducing overall water use. • Conduct a water use survey to update current water use needs. (Processes and equipment are constantly upgrading, thus changing the need for water in some areas.) • Repair leaks. Check the water supply system for leaks and turn off unnecessary flows. • Utilize water -efficient irrigation systems and drought tolerant plant palette and insure that sprinklers are directing water to landscape areas, and not to parking lots, sidewalks or other paved areas. • Adjust the lmgatlon schedule for seasonal changes. • Install low -flow or waterless fixtures in public and employee restrooms. • Instruct cleaning crews to use water efficiently for mapping. • Use brooms, squeegees, and wel/dry vacuums to clean surfaces before washing with water: do not use hoses as brooms. Sweep or blow paved areas to clean, rather than hosing off (applies outside, not Inside). • Avoid washing building exteriors or other outside structures. • Sweep and vacuum parking lots/sidewalks/window surfaces rather than washing with water. • Switch from "wet" carpet cleaning methods, such as steam, to "dry," powder methods, Change Window -cleaning schedule from "periodic" to "as required." • Set automatic optic sensors on Icemakers to minimum fill levels to provide lowest possible daily requirement. Ensure units are. air-cooled and not water-cooled. • Control the flow of water to the garbage disposal • Install and maintain spray rinsers for pot washing and reduce flow of spray rinsers for prewash Attachment No. 2 - Mitigation Monitoring Program 19 Date impfemenfafion Mori 9ACIW Responsible C drnpdantel Veft .M 1:11:fthmea$46 0 rring • Turn off dishwashers when not in use — wash only full loads • Scrape rather than rinse dishes before washing • Operate steam tables to minimize excess water use • Discontinue use of water softening systems where possible • Ensure water pressure and flows to dishwashers are set a minimum required setting • Install electric eye sensors for conveyer dishwashers • Retrofit existing flushometer (tankless) toilets with water -saving diaphragms and coordinate automate systems with work hours so that they don't run continuously • Use a shut-off nozzle on all hoses that can be adjusted down to a fine spray so that water flows only when needed, • Install automatic rain shutoff device on sprinkler systems • Launder hotel linens per room by request or after vacancy MM4.14-2 The City of Huntington Beach shall require that adequate Sewer capacity Prior to Review and Public capacity in the wastewater collection system is demonstrated from the analysis issuance of approve Sewer Works specific development site discharge location to the nearest OCSD main or building capacity analysis trunk line to accommodate discharges from the specific development permits project. If capacity is demonstrated as adequate, no upgrades will be required. If capacity is not adequate, the City of Huntington Beach shall Infrastructure and identify corrective action(s) required by the specific development Applicant Improvement Plans to ensure adequate capacity. Corrective action could include, but is not limited to: • Upsize new sewer pipes, as identified in sewer analysis (CR4,14-3) • Discharge assessment fees/districts to upsize sewer lines at downstream locations or where contributing areas are large • In -lieu fees to Implement system -wide wastewater collection Infrastructure Improvements • Other mechanisms as determined by the City Department of Public Works. Because some wastewater collection system constraints may be located far down gradient from the actual development site, several properties may serve to contribute to system capacity constraints. Therefore, the City Department of Public Works shall assess each development and system characteristics to identify the best method for achieving adequate capacity In the wastewater collection system. The City of Huntington Beach Department of Public Works shall review the Prior to final Inspection Field Check, if Public sewer analysis and determine required corrective action(s) or if a waiver of corrective action Works corrective action Is applicable, The site -specific development Applicant necessary shall Incorporate required corrective actions into their project design andlor plan. Prior to Final Inspection, the City Department of Public Works shall ensure that required corrective action has been Implemented. 20 Attachment No. 2 — Mitigation Monitoring Program I 77, Aft - : . . Ufflo . . 1 hio . 7, 7 an Rdr, CCmpPronce.Veacahbn MM4.15-1 The City shall require by contract speollicatlons that all diesel- Contract language Plan check Review and Planning powered equipment used would be retrofitted with after -treatment products and notes on grading prior to approve grading (e,g., engine catalysts and other technologies available at the time plans and construction Issuance of plans and building construction commences) to the extent that they. are readily available and plans a grading plans for Inclusion cost effective when construction activities commence. Contract specifications shall be included in the proposed project construction permit documents, which shall be approved by the City of Huntington Beach, MM4.15.2 The City shall require by contract specifications that alternative Contract language Plan check Review and Planning fuel construction equipment (i,e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) would be utilized to the extent feasible at the time construction activities commence. Contract specifications shall be and notes on grading plans and construction plans prior to issuance of a grading approve grading plans and building plans for Inclusion included in the proposed project construction documents, which shall be permit approved by the City of Huntington Beach. Mll The City shall require by contract specifications that developers Contract language Plan check Review and Planning within the project site use locally available building materials, to the extent feasible, such as concrete, stucco, and interior finishes, for construction of and notes on construction plans prior to Issuance of approve building plans for Inclusion the project and associated infrastructure. a building permit MM4.15-4 The City shall require developers within the project site to establish a construction management plan with Rainbow Disposal to divert a target of 50 percent of construction, demolition, and site clearing waste, Contract language and notes on grading plans and construction plans Plan check prior to issuance of a grading or Review and approve grading plans and building plans for Inclusion Planning building permit, which occurs earlier MM4.15.6 The City shall require by contract specifications that construction equipment engines will be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included In the proposed Contract language and notes on grading plans and construction plans Plan check prior to Issuance of a grading Review and approve grading plans and building plans for inclusion Planning project construction documents, which shall be approved by the City of permit Huntington Beach, MM4,15-6 The City shall require by contract speolfications that construction -related equipment, Including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes. Diesel -fueled commercial motor vehicles with Contract language and notes on grading plans and construction plans Plan check prior to issuance of a grading Review and approve grading plans and building plans for Inclusion Planning gross vehicular weight ratings of greater than 10,000 pounds shall be permit turned off when not in use for more than five minutes, Contract specifications shall be included In the proposed project construction documents, which shall be approved by the City of Huntington Beach. Attachment No. 2—Mitigation Monitoring Program 21 nMe'd8 fmptar»sntdBon Documantallon '. 7fmfn MonOW AcadY 108,608 le `: M6nlfoi ..ComOk)iCeVer�Fcafion SJ atone MM4.15.9 The City shall require that any new development within the Contract language Plan check Review and Planning project site provide a bulletin board or kiosk in the lobby of each proposed and notes on prior to approve building structure that identifies the locations and schedules of nearby transit construction plans issuance of plans for inclusion opportunities, certificate of occupancy Attachment No. 2 - Mitigation Monitoring Program ATTACHMENT #5 Development Agreement No. 12mOO2 Beach Walk Apartments Project City Council Meeting August 6, 2012 • DA No,, 12-002: to enter into a Development Agreement between the City and DCO Beach Walk LLC pursuant to approvals for the Beach Walk Apartments Project —Site Plan Review No. 11-005 was approved by the Director on March 27, 201240 —Condition No. 7.b. requires approval of Development .Agreement to provide for affordable dwelling units and traffic mitigation fees. The Beach Walk Apartments Project Site Plan Review No. 11=005 • 173 dwelling units including 17 affordable moderate income units DA No. 12-002: City is authorized pursuant to Cal. Government Code and Chapter 246 HBZSO to enter into binding development agreements •: Specifies that 17 units shall be provided as affordable to moderate income households for 55 years ❖ Requires the payment of traffic mitigation fees to provide for project's fair share contribution to street and intersection improvements called for to mitigate BECSP traffic impacts Recommendation • Recommend that the City Councils. • Approve Development Agreement No. 12=002 and adopt City Council ordinance 7�/`��12� NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 6, 2012 at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: 1. DEVELOPMENT AGREEMENT NO. 12-002 (BEACH WALK APARTMENTS PROJECT DEVELOPMENT :AGREEMENT) Applicant: Harry Alcock, UDR Property Owner: DCO Beach Walk, LLC Request: Development Agreement No. 12-002 represents a request to enter into a Development Agreement between the City of Huntington Beach and DCO Beach Walk LLC (developer) pursuant to approvals for the Beach Walk Apartments Project (Site Plan Review No. 11-005). The Beach Walk Apartments Project site is located within the Beach and Edinger Corridors Specific Plan (BECSP) and is approved for 173 multi -family apartment units, a leasing office, resident fitness and recreation areas and public open space. Pursuant to conditions of approval, the project requires a development agreement to provide for affordable dwelling units in accordance with Section 2.2.3 of the BECSP and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) as well as specify required traffic mitigation fees. Location: 19891 and 19895 Beach Boulevard, Huntington Beach, CA 92648 (west side of Beach Boulevard between Utica Avenue and Adams Avenue) Project Planner: Jennifer Villasenor NOTICE IS HEREBY GIVEN that Item #1 was included in the scope of Site Plan Review No. 11-005, which was determined to be consistent with the Beach and Edinger Corridors Specific Plan Program Environmental Impact Report (EIR No. 08-008) and is exempt from further environmental review pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, August 2, 2012. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at 536- 5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ CADocuments and Settings\esparzap\Local Settings\Temporary Internet Files\Content.Outlook\3 WP9RKJA\080612 (Beach Walk Development Agreement).docx NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 6, 2012 at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: 1. DEVELOPMENT AGREEMENT NO. 12-002 (BEACH WALK APARTMENTS PROJECT DEVELOPMENT AGREEMENT) Applicant: Harry Alcock, UDR Property Owner: DCO Beach Walk, LLC Request: Development Agreement No. 12-002 represents a request to enter into a Development Agreement between the City of Huntington Beach and DCO Beach Walk LLC (developer) pursuant to approvals for the Beach Walk Apartments Project (Site Plan Review No. 11-005). The Beach Walk Apartments Project site is located within the Beach and Edinger Corridors Specific Plan (BECSP) and is approved for 173 multi -family apartment units, a leasing office, resident fitness and recreation areas and public open space. Pursuant to conditions of approval, the project requires a development agreement to provide for affordable dwelling units in accordance with Section 2.2.3 of the BECSP and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) as well as specify required traffic mitigation fees. Location: 19891 and 19895 Beach Boulevard, Huntington Beach, CA 92648 (west side of Beach Boulevard between Utica Avenue and Adams Avenue) Project Planner: Jennifer Villasenor NOTICE IS HEREBY GIVEN that Item #1 was included in the scope of Site Plan Review No. 11-005, which was determined to be consistent with the Beach and Edinger Corridors Specific Plan Program Environmental Impact Report (EIR No. 08-008) and is exempt from further environmental review pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, August 2, 2012. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at 536- 5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ C:\Users\decoitek\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\V42CBPMF\080612 (Beach Walk Development Agreement).docx Ad Copy: NOTICE OF PUBU( HEARING BEFORE THE CITY COUN(R. OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 6, 2012 at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ t.DEVELOPMENT AGREEMENT NO. 12- 002 (BEACH WALK APARTMENTS PROJECT DEVELOPMENT AGREE- MENT) Applicant: Harry Alcock, UDR Property Owner: DCO Beach Walk, LLC Request: Development Agreement No. 12-002 represents a request to enter into a Development Agreement between the City of Huntington Beach and DCO Beach Walk LLC (developer) pursuant to approvals for the Beach Walk Apartments Project (Site Plan Review No. 11-005). The Beach Walk Apartments Project site is located within the Beach and Edinger Corridors Specific Plan (BECSP) and is ap- proved for 173 multi- family apartment units, a leasing office, resident fitness and recreation areas and public open space. Pursuant to conditions of approval, the project requires a development agreement to provide for affordable dwelling units in accor- dance with Section 2.2.3 of the BECSP and the Huntington Beach Zoning and Subdivision Ordi- nance (HBZSO) as well as specify required traffic mitigation fees. --- ad proof pg. 1 --- t : i, CLASSIFIED ADVERTISING r r- 1'! Fill Printed by: 0602 Patricia Gamino ;Salesperson: f _g Jul 19, 2012, 1:03 prn -. 000 AugeUz f ttilP$ t i f Phone: Ad If 35108245 Location: 19891 and 19895 Beach Boulevard, Huntington Beach, CA 92648 (west side of Beach Boulevard be- tween Utica Avenue and Adams Avenue) Project Planner: Jennifer Vil- lasenor 1. NOTICE IS HEREBY GIVEN that Item #1 was included in the scope of Site Plan Review No. II- 005. which was deter- mined to be consistent with the Beach and Edinger Corridors Spe- cific Plan Program Environmental Impact Report (EIR No. 08-008) and is exempt from further environmental review pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Hun- tington Beach, California 92648. for inspection by the public. A copy of the staff report will be available to interested parties at the City Cie rk's Office on Thursday, August 2, 2012. All INTERESTED PER- SONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence deliv- ered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at 536-5271 and refer to the above items. Direct your written communi- cations to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, Cali- fornia 92648 714-536-5227 http:// huntingtonbeachca.gov/ HBPublicComments/ Publishes H.B. Indepen- dent July 26, 2012 --- ad proof pg. 2 --- CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST FORM I MEETING DATE: SUBJECT: 00-�' DEPARTMENT: ���+---�,�- '� Imo! CONTACT NAME: PH A E: q ` 66W N/A YES NO ( )) ( ) Is the notice attached? ( ) ( ) Do the heading and closing of the notice reflect a hearing before the City Council and/or Redevelopment Agency? ( ) ( ( ) Are the date, day and time of the public hearing correct? If an appeal, is the appellant's name included in the notice? If Coastal Development Permit, does the notice include appeal language? Is there an Environmental Status to be approved by Council? ( ) ( ) Is a map attached for publication? ( ) ( ) ( Is a larger ad required? Size ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? ( ) ( ) Are the applicant's name and address part of the mailing labels? ( ( ) ( ) Are the appellant's name and address part of the mailing labels? If Coastal Development Permit, is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit, are the resident labels attached? ( ) ( ) Is Summary Report 33433 attached? (Redevelopment Agency items only) What is the minimum number of days from publication to hearing date? What is the minimum number of times to be published? �— What is the specified number of days between publications? Approved for public hearing Date published Date noticed to newspaper Date notices mailed 09 [9/09 [99 n19nv 39AL algljeawoo ww L9 x ww 9Z pewiol ap auani)q 0918/09[go (uanv qm ag1edwoo „9/9 Z x u G azls lagel 153-091-22 Occupant 19688 Beach Blvd Huntington Beach, CA 92648-2991 153-091-22 Occupant 19694 Beach Blvd Huntington Beach, CA 92648-2992 153-091-23 Occupant 19720 Beach Blvd Huntington Beach, CA 92648-2987 153-091-27 Occupant 19900 Beach Blvd Unit A Huntington Beach, CA 92648-3706 153-091-27 Occupant 19900 Beach Blvd Unit C2 Huntington Beach, CA 92648-3706 153-091-27 Occupant 19900 Beach Blvd Unit F1 Huntington Beach, CA 92648-3706 153-091-27 Occupant 19900 Beach Blvd Unit I Huntington Beach, CA 92648-3706 153-091-29 Occupant 19820 Beach Blvd Huntington Beach, CA 92648-3222 153-091-32 Occupant 19810 Beach Blvd Huntington Beach, CA 92648-2998 153-091-22 Occupant 19690 Beach Blvd Huntington Beach, CA 92648-2991 153-091-22 Occupant 19696 Beach Blvd Huntington Beach, CA 92648-2992 153-091-25 Occupant 19840 Beach Blvd Huntington Beach, CA 92648-3222 153-091-27 Occupant 19900 Beach Blvd Unit B Huntington Beach, CA 92648-3706 153-091-27 Occupant 19900 Beach Blvd Unit D Huntington Beach, CA 92648-3706 153-091-27 Occupant 19900 Beach Blvd Unit G Huntington Beach, CA 92648-3706 153-091-22 Occupant 19692 Beach Blvd Huntington Beach, CA 92648-2992 153-091-22 Occupant 19700 Beach Blvd Huntington Beach, CA 92648-2992 153-091-26 Occupant 19860 Beach Blvd Huntington Beach, CA 92648-3222 153-091-27 Occupant 19900 Beach Blvd Unit C1 Huntington Beach, CA 92648-3706 153-091-27 Occupant 19900 Beach Blvd Unit E Huntington Beach, CA 92648-3706 153-091-27 Occupant 19900 Beach Blvd Unit H Huntington Beach, CA 92648-3706 153-091-28 153-091-29 Occupant Occupant 19950 Beach Blvd 19822 Beach Blvd .Huntington Beach, CA 92648-3706 Huntington Beach, CA 92648 153-091-29 Occupant 19822 Beach Blvd Huntington Beach, CA 92648-3222 Occupant 19721 Beach Blvd Huntington. Beach, CA 92648 153-091-31 Occupant 19800 Beach Blvd Huntington Beach, CA 92648-2998 Occupant 2110 Florida #A Huntington Beach, CA 92648 Occupant Occupant Occupant 2110 Florida #B 2110 Florida #C 2110 Florida #D Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 label size 1" x 2 5/8" compatible with Avery 05160/8160 cc ���__.__ Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0/ 0918/0915®Aa9ny oaAe alClIJIMon ww L9 x ww 5Z lewiof ap allanI13 09 [9/0915® tiaAV ql!m al4liedwoo u8/5 Z x u t azis la4af sy 33dtl1S x% y 025-200-72 Occ ant 19891 ach Blvd Unit 233 Huntm* gt' Beach, CA 92648-3209 025-200-72 Oc 1989 each Blvd Unit 239 H Beach, CA 92648-3209 025-200-72 Occu t 19891 ach Blvd Unit 103 Hun ' gton each, CA 92648-3274 025-200-72 Occ ant 19891 ach Blvd Unit 142 Hun ' gto Beach, CA 92648-7209 153-091-22 Occupant 19670 Beach Blvd Huntington Beach, CA 92648-2990 153-091-22 Occupant 19752 Beach Blvd Huntington Beach, CA 92648-2988 153-091-22 Occupant 19744 Beach Blvd Huntington Beach, CA 92648-2988 153-091-22 Occupant 19738 Beach Blvd Huntington Beach, CA 92648-2987 153-091-22 Occupant 19730 Beach Blvd Huntington Beach, CA 92648-2987 153-091-22 Occupant 19682 Beach Blvd Huntington Beach, CA 92648-2991 025-200-72 OcclupanV 1989 each Blvd Unit 235 Hun ' n Beach, CA 92648-3209 025-200-72 Oc tt1989ach Blvd Unit 6 H tingtoon Beach, CA 92648-3209 025-200-72 0' upant 198 each Blvd Unit 130 H on Beach, CA 92648-7217 025-200-72 O` up Mt Beach Blvd Unit 143 n Beach, CA 92648-7209 153-091-22 Occupant 19770 Beach Blvd Huntington Beach, CA 92648-2992 153-091-22 Occupant 19750 Beach Blvd Huntington Beach, CA 92648-2988 153-091-22 Occupant 19742 Beach Blvd Huntington Beach, CA 92648-2988 153-091-22 Occupant 19736 Beach Blvd Huntington Beach, CA 92648-2987 153-091-22 Occupant 19710 Beach Blvd Huntington Beach, CA 92648-2992 153-091-22 Occupant 19684 Beach Blvd Huntington Beach, CA 92648-2991 025-200-72 ORupant 19891 B ch Blvd Unit 237 Hunt on Beach, CA 92648-3209 025-200-72 Occ` ant 19891 each Blvd Unit 9 H gt each, CA 92648-3209 025-200-72 Oc pant 1989 each Blvd Unit 133 H in n Beach, CA 92648-7208 153-091-22 Occupant 19674 Beach Blvd Huntington Beach, CA 92648-2990 153-091-22 Occupant 19754 Beach Blvd Huntington Beach, CA 92648-2989 153-091-22 Occupant 19746 Beach Blvd Huntington Beach, CA 92648-2988 153-091-22 Occupant 19740 Beach Blvd Huntington Beach, CA 92648-2987 153-091-22 Occupant 19732 Beach Blvd Huntington Beach, CA 92648-2987 153-091-22 Occupant 19680 Beach Blvd Huntington Beach, CA 92648-2990 153-091-22 Occupant 19686 Beach Blvd Huntington Beach, CA 92648-2991 label size 1" x 2 5/8" compatible with Avery 05160/8160 /r� ' 00O�1 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 /� ' 09L8/09 L9®AJaAy 3GR algl}eawoo ww L9 x ww 9Z Iewjoj ap auannilg 0918/0919® tiaAH UllM algltedwo0 „8/9 Z x u l. azls laqel 025-200-68 Occupant 19945 Beach Blvd Huntington Beach, CA 92648-3705 025= 0-72 OccuppXBeh 19895lvd Unit102 Hun 'ach, CA 92648-6251 025-200-72 Occu t 19895 ch Blvd Unit 105 H ' gton ach, CA 92648-6251 025Xtington 20072 Blvd Unit 200 ach, CA 92648-6252 025-200-72 Occ an 19895 ch Blvd Unit 203 H gton .each, CA 92648-6252 025-200-7 Occ 1989 ach Blvd Unit 206 H tingto each, CA 92648-6252 025-200-72 Occu ant 19891 ach Blvd Unit 144 H gto each, CA 92648-3209 025-200-72 Occ ant 19891 ach Blvd Unit 149 Hun ' gton each, CA 92648-3209 025 00-7 Occu 19891 h Blvd Unit 202 H gton ach, CA 92648-3209 025-2K Occu19891BlvdUnit 208 H each, CA 92648-3209 025-200-69 Occupant 807 Adams Ave Huntington Beach, CA 92648-3213 025-200-72 Oc ,paiX 198�gt ch Blvd Unit 103 HBeach, CA 92648-6251 025-200-72 Oc pan - 1989 each Blvd Unit 106 Hun ,,I&jlun Beach, CA 92648-6251 02 -200-7 Occu 1989 ach Blvd Unit 201 H tington each, CA 92648-6252 025-200-72 Occ 19895 ;ach Blvd Unit 204 H Beach, CA 92648-6252 025-200-72 Oc p 1989 each Blvd Unit 207 H ingt Beach, CA 92648-6252 025-200-72 Oc 1989 ach Blvd Unit 146 H tingto Beach, CA 92648-3209 025-200-72 Oc up 1989 Beach Blvd Unit 150 H tin n Beach, CA 92648-3209 025-200-72 Occ 1989 ach Blvd Unit 201 H ingto Beach, CA 92648-3209 025-200-72 Occ t 1989 ach Blvd Unit 210 H tingto each, CA 92648-3209 025-200-72 Occu t 19895 ch Blvd Unit 101 H gton Beach, CA 92648-6251 025-200-72 Occ 1989 each Blvd Unit 104 H tingt�Beach, CA 92648-6251 025-200-72 Oc p 1989 each Blvd Unit 107 H tin Beach, CA 92648-6251 025-200-7 Occ�i p 1989 each Blvd Unit 202 H tingto Beach, CA 92648-6252 025-200- 2 Oc t 1989 each Blvd Unit 205 H tingt Beach, CA 92648-6252 025-200-72 Occ t 1989 each Blvd Unit 10 H tingto Beach; CA 92648-3209 0-200-72 Occ a�t 1989 each Blvd Unit 147 H tingt Beach, CA 92648-3209 025-200-72 OXtija 1ach Blvd Unit 17 Hn each, CA 92648-3209 025-200-72 Or1ach Blvd Uzut 207 H Beach, CA 92648-3209 02-200-72 ?tina:;ton t ach Blvd Unit 2l l Beach, CA 92648-3209 label size 1" x 2 5/8" compatible with Avery 05160/8160 �� "� iquette de format 25 mm x 67 mm compatible aver Avery °5160/8160 /��� 091.8/091.5® Many o9Ae 9lgljetlwo0 ww L9 x ww gZ jewa019p 9119noJ13 09.1.8/09G5@ fa9Av gtlM 9lgl1edW03 u8/9 Z x ul UP 19ge1 025-200-67 025-200-67 025-200-67 Occupant Occupant Occupant 1702 Florida St Unit 15 1702 Florida St Unit 16 1702 Florida St Unit 9 Huntington Beach, CA 92648-3291 Huntington Beach, CA 92648-3291 Huntington Beach, CA 92648-3290 025-200-67 025-200-67 025-200-67 Occupant Occupant Occupant 1702 Florida St Unit 17 1702 Florida St Unit 18 1702 Florida St Unit 19 Huntington Beach, CA 92648-3292 Huntington Beach, CA 92648-3292 Huntington Beach, CA 92648-3292 025-200-67 025-200-67 025-200-67 Occupant Occupant Occupant 1702 Florida St Unit 20 1702 Florida St Unit 21 1702 Florida St Unit 22 Huntington Beach, CA 92648-3292 Huntington Beach, CA 92648-3293 Huntington Beach, CA 92648-3293 025-200-67 025-200-67 025-200-67 Occupant Occupant Occupant 1702 Florida St Unit 23 1702 Florida St Unit 24 1702 Florida St Unit 25 Huntington Beach, CA 92648-3293 Huntington Beach, CA 92648-3293 Huntington Beach, CA 92648-3294 025-200-67 025-200-67 025-200-67 Occupant Occupant Occupant 1702 Florida St Unit 26 1702 Florida St Unit 27 1702 Florida St Unit 28 Huntington Beach, CA 92648-3294 Huntington Beach, CA 92648-3294 Huntington Beach, CA 92648-3294 025-200-67 025-200-67 025-200-67 Occupant Occupant Occupant 1702 Florida St Unit 29 1702 Florida St Unit 30 1702 Florida St Unit 31 Huntington Beach, CA 92648-3295 Huntington Beach, CA 92648-3295 Huntington Beach, CA 92648-3295 025-200-67 025-200-68 025-200-68 Occupant Occupant Occupant 1702 Florida St Unit 32 19901 Beach Blvd 19903 Beach Blvd Huntington Beach, CA 92648-3295 Huntington Beach, CA 92648-3705 Huntington Beach, CA 92648-3705 025-200-68 025-200-68 025-200-68 Occupant Occupant Occupant 19905 Beach Blvd 19913 Beach Blvd 19917 Beach Blvd Huntington Beach, CA 92648-3705 Huntington Beach, CA 92648-3705 Huntington Beach, CA 92648-3705 025-200-68 025-200-68 025-200-68 Occupant Occupant Occupant 19921 Beach Blvd 19925 Beach Blvd 19929 Beach Blvd Huntington Beach, CA 92648-3705 Huntington Beach, CA 92648-3705 Huntington Beach, CA 92648-3705 025-200-68 025-200-68 025-200-68 Occupant Occupant Occupant 19933 Beach Blvd 19937 Beach Blvd 19941 Beach Blvd Huntington Beach, CA 92648-3705 Huntington Beach, CA 92648-3705 Huntington Beach, CA 92648-3705 1 label size 1" x 2 5/8" compatible with Avery 05160/8160 2=0q Id,—� o Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 d 09L8/0919® Aaany Dane algIIeawoD ww L9 x ww 9Z pewiof ap aUanDq 0919/0919®f0any Ullnn alglIedwoa „9/9 Z x u [ azis lapel S3�S 025-200-65 Occupant 2006 Florida St Unit 14 Huntington Beach, CA 92648-3298 025-200-65 Occupant 2006 Florida St Unit 17 Huntington Beach, CA 92648-3298 025-200-65 Occupant 2006 Florida St Unit 2 Huntington Beach, CA 92648-3296 025-200-65 Occupant 2006 Florida St Unit 22 Huntington Beach, CA 92648-3270 025-200-65 Occupant 2006 Florida St Unit 5 Huntington Beach, CA 92648-3296 025-200-65 Occupant 2006 Florida St Unit 8 Huntington Beach, CA 92648-3297 025-200-67 Occupant 1702 Florida St Unit 2 Huntington Beach, CA 92648-3288 025-200-67 Occupant 1702 Florida St Unit 5 Huntington Beach, CA 92648-3289 025-200-67 Occupant 1702 Florida St Unit 8 Huntington Beach, CA 92648-3289 025-200-67 Occupant 1702 Florida St Unit 12 Huntington Beach, CA 92648-3290 025-200-65 Occupant 2006 Florida St Unit 15 Huntington Beach, CA 92648-3298 025-200-65 Occupant 2006 Florida St Unit 18 Huntington Beach, CA 92648-3298 025-200-65 Occupant 2006 Florida St Unit 20 Huntington Beach, CA 92648-3270 025-200-65 Occupant 2006 Florida St Unit 3 Huntington Beach, CA 92648-3296 025-200-65 Occupant 2006 Florida St Unit 6 Huntington Beach, CA 92648-3296 025-200-65 Occupant 2006 Florida St Unit 9 Huntington Beach, CA 92648-3297 025-200-67 Occupant 1702 Florida St Unit 3 Huntington Beach, CA 92648-3288 025-200-67 Occupant 1702 Florida St Unit 6 Huntington Beach, CA 92648-3289 025-200-67 Occupant 1702 Florida St Unit 10 Huntington Beach, CA 92648-3290 025-200-67 Occupant 1702 Florida St Unit 13 Huntington Beach, CA 92648-3291 025-200-65 Occupant 2006 Florida St Unit 16 Huntington Beach, CA 92648-3298 025-200-65 Occupant 2006 Florida St Unit 19 Huntington Beach, CA 92648-3270 025-200-65 Occupant 2006 Florida St Unit 21 Huntington Beach, CA 92648-3270 025-200-65 Occupant 2006 Florida St Unit 4 Huntington Beach, CA 92648-3296 025-200-65 Occupant 2006 Florida St Unit 7 Huntington Beach, CA 92648-3297 025-200-67 Occupant 1702 Florida St Unit 1 Huntington Beach, CA 92648-3288 025-200-67 Occupant 1702 Florida St Unit 4 Huntington Beach, CA 92648-3288 025-200-67 Occupant 1702 Florida St Unit 7 Huntington Beach, CA 92648-3289 025-200-67 Occupant 1702 Florida St Unit 11 Huntington Beach, CA 92648-3290 025-200-67 Occupant 1702 Florida St Unit 14 Huntington Beach, CA 92648-3291 label size 1" x 2 5/8" compatible with Avery 05160/8160 1 Etiquette de format 25 mm x 67 mm compatible avec Avery °5160/8160 0918/091g®Auany oane olgifedwoo ww Zq x ww gZ }ewaof ap auano113 0919/091g® tiaAy ut•IM algljsdwoo «8/9 Z x u l azis lagei �S1gFz.. 025-200-12 Occupant 1812 Florida St Unit 106 Huntington Beach, CA 92648-3282 025-200-12 Occupant 1812 Florida St Unit 109 Huntington Beach, CA 92648-3282 025-200-12 Occupant 1812 Florida St Unit 207 Huntington Beach, CA 92648-3283 025-200-33 Occupant 706 Utica Ave Unit A Huntington Beach, CA 92648-3268 025-200-33 Occupant 706 Utica Ave Unit D Huntington Beach, CA 92648-3268 025-200-34 Occupant 2020 Florida St Unit C Huntington Beach, CA 92648-3253 025-200-50 Occupant 19967 Beach Blvd Huntington Beach, CA 025-200-61 Occupant 19761 Beach Blvd Huntington Beach, CA 92648-2914 025-200-64 Occupant 19791 Beach Blvd Huntington Beach, CA 92648-2914 025-200-65 Occupant 2006 Florida St Unit 11 Huntington Beach, CA 92648-3297 025-200-12 Occupant 1812 Florida St Unit 107 Huntington Beach, CA 92648-3282 025-200-12 Occupant 1812 Florida. St Unit 205 Huntington Beach, CA 92648-3283 025-200-12 Occupant 1812 Florida St Unit 208 Huntington Beach, CA 92648-3283 025-200-33 Occupant 706 Utica Ave Unit B Huntington Beach, CA 92648-3268 025-200-34 Occupant 2020 Florida St Unit A Huntington Beach, CA 92648-3253 025-200-34 Occupant 2020 Florida St Unit D Huntington Beach, CA 92648-3253 025-200-50 Occupant 19971 Beach Blvd Huntington Beach, CA 92648-3705 025-200-62 Occupant 19741 Beach Blvd Huntington Beach, CA 92648-2914 025-200-65 Occupant 2006 Florida St Unit 1 Huntington Beach, CA 92648-3296 025-200-65 Occupant 2006 Florida St Unit 12 Huntington Beach, CA 92648-3297 025-200-12 Occupant 1812 Florida. St Unit 108 Huntington Beach, CA 92648-3282 025-200-12 Occupant 1812 Florida St Unit 206 Huntington Beach, CA 92648-3283 025-200-12 Occupant 1812 Florida St Unit 209 Huntington Beach, CA 92648-3283 025-200-33 Occupant 706 Utica Ave Unit C Huntington Beach, CA 92648-3268 025-200-34 Occupant 2020 Florida St Unit B Huntington Beach, CA 92648-3253 025-200-3 9 Occupant 712 Utica Ave Huntington Beach, CA 92648-3220 025-200-51 Occupant 19961 Beach Blvd Huntington Beach, CA 92648-3705 025-200-62 Occupant 19751 Beach Blvd Huntington Beach, CA 92648-2914 025-200-65 Occupant 2006 Florida St Unit 10 Huntington Beach, CA 92648-3297 025-200-65 Occupant 2006 Florida St Unit 13 Huntington Beach, CA 92648-3298 label size 1" x 2 5/8" compatible with Avery 05160/8160 ry/ Ild—l" aml/+ ��—��� Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 d 6 0918/0915® AaaAV oaAs alg41eaw03 WW L9 x WW 9Z ILMof ap GROM13 09l.8/09 L9®ljaAV 41!m a144jsdWo3,,8/5 Z x ,j azls lagsl �s�a`adls 025-191-43 Occupant 19731 Beach Blvd Huntington Beach, CA 92648-2906 025-191-49 Occupant 2106 Florida St Unit B Huntington Beach, CA 92648-2962 025-191-50 Occupant 2102 Florida St Unit A Huntington Beach, CA 92648-2963 025-191-50 Occupant 2102 Florida St Unit D Huntington Beach, CA 92648-2963 025-200-12 Occupant 1816 Florida St Unit 103 Huntington Beach, CA 92648-3278 025-200-12 Occupant 1816 Florida St Unit 202 Huntington Beach, CA 92648-3279 025-200-12 Occupant 1814 Florida St Unit 110 Huntington Beach, CA 92648-3280 025-200-12 Occupant 1814 Florida St Unit 113 Huntington Beach, CA 92648-3280 025-200-12 Occupant 1814 Florida St Unit 211 Huntington Beach, CA 92648-3281 025-200-12 Occupant 1814 Florida St Unit 214 Huntington Beach, CA 92648-3281 025-191-43 Occupant 19727 Beach Blvd Huntington Beach, CA 92648-2906 025-191-49 Occupant 2106 Florida St Unit C Huntington Beach, CA 92648-2962 025-191-50 Occupant 2102 Florida St Unit B Huntington Beach, CA 92648-2963 025-200-12 Occupant 1816 Florida St Unit 101 Huntington Beach, CA 92648-3278 025-200-12 Occupant 1816 Florida St Unit 104 Huntington Beach, CA 92648-3278 025-200-12 Occupant 1816 Florida St Unit 203 Huntington Beach, CA 92648-3279 025-200-12 Occupant 1814 Florida St Unit 111 Huntington Beach, CA 92648-3280 025-200-12 Occupant 1814 Florida St Unit 114 Huntington Beach, CA 92648-3280 025-200-12 Occupant 1814 Florida St Unit 212 Huntington Beach, CA 92648-3281 025-200-12 Occupant 1810 Florida St Huntington Beach, CA 92648-3226 025-191-49 Occupant 2106 Florida St Unit A Huntington Beach, CA 92648-2962 025-191-49 Occupant 2106 Florida St Unit D Huntington Beach, CA 92648-2962 025-191-50 Occupant 2102 Florida St Unit C Huntington Beach, CA 92648-2963 025-200-12 Occupant 1816 Florida St Unit 102 Huntington Beach, CA 92648-3278 025-200-12 Occupant 1816 Florida St Unit 201 Huntington Beach, CA 92648-3279 025-200-12 'Occupant 1816 Florida St Unit 204 Huntington Beach, CA 92648-3279 025-200-12 Occupant 1814 Florida St Unit 112 Huntington Beach, CA 92648-3280 025-200-12 Occupant 1814 Florida St Unit 210 Huntington Beach, CA 92648-3281 025-200-12 Occupant 1814 Florida St Unit 213 Huntington Beach, CA 92648-3281 025-200-12 Occupant 1812 Florida St Unit 105 Huntington Beach, CA 92648-3282 av label size 1" x 2 5/8" compatible with Avery 65160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 65160/8160 09G8/09l5@)[jaAV oaAe algIjudwoo wul L9 x ww 9Z fewaoj ap aganoiI3 09l.8/09l.5®tiaAd 41IM algljedwoa u8/5 Z x „! azls lapel ��lti1S r 025-191-28 Occupant 729 Utica Ave Unit 5 Huntington Beach, CA 92648-3272 025-191-28 Occupant 729 Utica. Ave Unit 8 Huntington Beach, CA 92648-3272 025-191-29 Occupant 725 Utica Ave Unit 10 Huntington Beach, CA 92648-3263 025-191-29 Occupant 725 Utica Ave Unit 2 Huntington Beach, CA 92648-3263 025-191-29 Occupant 725 Utica Ave Unit 5 Huntington Beach, CA 92648-3263 025-191-29 Occupant 725 Utica Ave Unit 8 Huntington Beach, CA 92648-3263 025-191-31 Occupant 733 Utica Ave Unit 10 Huntington Beach, CA 92648-3265 025-191-31 Occupant 73 3 Utica Ave Unit 2 Huntington Beach, CA 92648-3265 025-191-31 Occupant 733 Utica Ave Unit 5 Huntington Beach, CA 92648-3265 025-191-31 Occupant 733 Utica Ave Unit 8 Huntington Beach, CA 92648-3265 025-191-28 Occupant 729 Utica. Ave Unit 6 Huntington Beach, CA 92648-3272 025-191-28 Occupant 729 Utica Ave Unit 9 Huntington Beach, CA 92648-3272 025-191-29 Occupant 725 Utica Ave Unit 11 Huntington Beach, CA 92648-3263 1025-191-29 Occupant 725 Utica Ave Unit 3 Huntington Beach, CA 92648-3263 025-191-29 Occupant 725 Utica Ave Unit 6 Huntington Beach, CA 92648-3263 025-191-29 Occupant 725 Utica Ave Unit 9 .Huntington Beach, CA 92648-3263 025-191-31 ;Occupant 733 Utica Ave Unit 11 ;Huntington Beach, CA 92648-3265 025-191-31 Occupant 733 Utica Ave Unit 3 Huntington Beach, CA 92648-3265 025-191-31 Occupant '733 Utica Ave Unit 6 ,Huntington Beach, CA 92648-3265 025-191-31 Occupant 733 Utica Ave Unit 9 Huntington Beach, CA 92648-3265 025-191-28 Occupant 729 Utica Ave Unit 7 Huntington Beach, CA 92648-3272 025-191-29 Occupant 725 Utica Ave Unit 1 Huntington Beach, CA 92648-3263 j. 025-191-29 Occupant 725 Utica Ave Unit 12 Huntington Beach, CA 92648-3263 025-191-29 Occupant 725 Utica Ave Unit 4 Huntington Beach, CA 92648-3263 025-191-29 Occupant 725 Utica Ave Unit 7 Huntington Beach, CA 92648-3263 025-191-31 Occupant 733 Utica Ave Unit 1 Huntington Beach, CA 92648-3265 025-191-31 Occupant 733 Utica Ave Unit 12 Huntington Beach, CA 92648-3265 025-191-31 Occupant 733 Utica Ave Unit 4 Huntington Beach, CA 92648-3265 025-191-31 Occupant 733 Utica Ave Unit 7 Huntington Beach, CA 92648-3265 025-191-43 Occupant 19729 Beach Blvd Huntington Beach, CA 92648-2906 o label size 1" x 2 5/8" compatible with Avery 65160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09 1-9/09 L90 AMAV Dane alq!IeowoD ww L9 x ww 9Z Iew101 ap 0110=13 09:G8/0919® Many ql!m algljedwoD „g/g Z x u G azls lapel "S .TV 025-131-27 025-131-62 025-191-08 Occupant Occupant Occupant 618 Utica Ave 1924 Alsuna Ln 721 Utica Ave Huntington Beach, CA 92648-3218 Huntington Beach, CA 92648-3236 Huntington Beach, CA 92648-3219 025-200-48 025-200-72 153-091-21 Occupant Occup t Occupant 1912 Florida St 19895 a Blvd Unit 100 19640 Beach Blvd Huntington Beach, CA 92648-3228 Hun ' gton Beach, CA 92648-6251 Huntington Beach, CA 92648-2905 025-131-26 025-131-28 025-131-30 Occupant Occupant Occupant 616 Utica Ave 620 Utica Ave 1921 Florida St Huntington Beach, CA 92648-3218 Huntington Beach, CA 92648-3218 ,Huntington Beach, CA 92648-3227 025-131-31 025-131-34 025-131-3 8 Occupant Occupant Occupant 1919 Florida St 1913 Florida St 1905 Florida St Huntington Beach, CA 92648-3227 Huntington Beach, CA 92648-3227 Huntington Beach, CA 92648-3227 025-131-40 025-131-41 025-131-42 Occupant Occupant Occupant 1901 Florida St 1829 Florida St 1827 Florida St Huntington Beach, CA 92648-3227 Huntington Beach, CA 92648-3225 ;Huntington Beach, CA 92648-3225 025-131-47 025-131-48 025-131-51 Occupant Occupant Occupant 1824 Alsuna Ln 1826 Alsuna Ln 1902 Alsuna Ln Huntington Beach, CA 92648-3238 Huntington Beach, CA 92648-3238 Huntington Beach, CA 92648-3236 025-131-52 025-131-65 025-131-66 Occupant Occupant Occupant 1904 Alsuna Ln 1823 Florida St 1825 Florida St Huntington Beach, CA 92648-3236 Huntington Beach, CA 92648-3225 Huntington Beach, CA 92648-3225 025-132-37 025-132-40 025-191-28 Occupant Occupant Occupant 1810 Alsuna Ln 1809 Florida St 729 Utica Ave Unit 1 Huntington Beach, CA 92648-3234 Huntington Beach, CA 92648-3225 Huntington Beach, CA 92648-3272 025-191-28 025-191-28 025-191-28 Occupant Occupant Occupant 729 Utica Ave Unit 10 729 Utica Ave Unit 11 729 Utica Ave Unit 12 Huntington Beach, CA 92648-3272 Huntington Beach, CA 92648-3272 Huntington Beach, CA 92648-3272 025-191-28 025-191-28 025-191-28 Occupant Occupant Occupant 729 Utica Ave Unit 2 729 Utica Ave Unit 3 .729 Utica Ave Unit 4 Huntington Beach, CA 92648-3272 Huntington Beach, CA 92648-3272 Huntington Beach, CA 92648-3272 label size 1" x 2 5/8" compatible with Avery 05160/8160 / " �� �a''--§queite de format 25 mm x 67 mm compatible avec Avery 05160/8160 6 09L8/09Lg@)tuany oaAP aigljzdwoo ww L9 x ww gZ izwaol ap altanbq 09.L8/09Lg®ti9ny q m alglizdwoo ,,8/g Z x �L azls lagal 500' Radius -Public Notification Boundary APN 025-200-72 June i6 l of of �Pya e 4 19891 & 19895 Beach Blvd. 7N 12106 Huntington Beach CA 92648 025-200-72 1 ��- 025-200-68 2 025-200-51 3 Evangel ica Free Church-------- hurches Bella Spese Lie Econo Lube N Tune Inc 1989�ch -]vd #205 8840 Warner Ave #204 19961 Beach Blvd Huntington Bea CA 92648 Fountain Valley CA 92708 Huntington Beach CA 92648 025-200-50 4 025-200-69 5 025-200-67 6 Best California Gas Ltd Ernesto Munoz Florida Street Partners Lie 13116 Imperial Highway 2503 N San Miguel Dr 28924 S Western Ave #210 Santa Fe Springs CA 90670 Orange CA 92867 Rancho Palos Verdes CA 90275 025-200-12 8 025-207.: Hidden Springs Ltd Lie 025-2f1.Q-71 9 Same As y #1 1161 N Red Gum St Same As ey #8 Anaheim CA 92806 025-200-65 11 025-200-34 12 0125-201, 48 10 Florida -Libra Lie James Ya-Ko Liu Same As #1 �---' 16291 Mandalay Cir 6042 Kenwick Cir Huntington Beach CA 92649 Huntington Beach CA 92648 025-200-33 13 025-200-39 14 025-200-38 15 Bernard Kretzschmar Clifford E Bryant Gregory & Michelle Taite 1 151 Aviemore Ter 505 Pecan St 718 Utica Ave Costa Mesa CA 92627 Huntington Beach CA _92648 Huntington Beach CA 92648 025-200-63 16 025-200-62 17 Saddek Ramzy Girgis Michael Anthony Bonfa 025-200,\61 18 724 Utica Ave 16611 Busby Ln Same As ey #17 Huntington Beach CA 92648 Huntington Beach CA 92647 \ 025-200-64 19 025-191-43 20 025-191-31 21 Ara A Tchaghlassian Surf City Lie Sea Aire Apartments Lie 16201 Commerce Way P.O. BOX 1 518 N Linden Dr Cerritos CA 90703 Orange CA 92856 Beverly Hills CA 90210 025-191-08 24 025-191,28 22 025-191,�9 23 Le PortReal Estate In Same As K #2 Same As K y #2l 2820 Oce -' \ \ Cor De1�1�1ar CA 92625 025-191-52 25 025-191-50 26 025-191-49 27 Learning orid Inc— — American Properties Inc Hussein Berri 721 Uric 7881 Waterfall Cir 16205 Hemp Cir Ijunfington B�h CA 92648 Huntington Beach CA 92648 Fountain Valley CA 92708 label size V x 2 5/8" compatible with Avery /55160/8160 �� '(}0 d\Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 091.8/091.99tiany MAE alglledwoo ww L9 x ww gZ lewaol ap allanbq 0018/0919®fjaAy ul!m alglledwoo .8/9 Z x „ L azls label 153-091-23 29 025-191`48 Regency Centers Lp 153-0991.-,31 -30-- Same As Ley-427-- P.O. BOX 790830 Same As K 29" San Antonio Tx 78279 153-091-1� 31 _ 153-091,-22 Same As Ke..92-9Same As"Key--#294 153-091- S 34 SSA ey #.29 153-091-26 37 Same As Ke 2 025-132-34 40 Richard L Abramson 1804 Alsuna Ln Huntington Beach CA 92648 025-132-37 43 David E Megens 9632 Scotstoun Dr Huntington Beach CA 92646 025-132-40 46 Susan R Lin 16142 Moonglow Ln Huntington Beach CA 92647 025-132-43 49 Rick & Theresa Mitchell 1803 Florida St Huntington Beach CA 92648 025-132-46 52 James G Mushen 1719 Florida St Huntington Beach CA 92648 153-091-1035 „ �"V J Same.:A-91;e�429 153-091-27 38 Drt Investments Llc 20101 Sw Birch St 4151 Newport Beach CA 92660 025-132-35 41 Delbert Clough 1806 Alsuna Ln Huntington Beach CA 92648 025-132-3 8 44 Alan & Marie Hansen 1812 Alsuna Ln Huntington Beach CA 92648 025-132-41 47 Ellen Lassley 1807 Florida St Huntington Beach CA 92648 025-132-44 50 William F & Jennifer L Lucas 1801 Florida St Huntington Beach CA 92648 025-132-89 53 Bodhi Light Intl Inc 1717 Florida St Huntington Beach CA 92648 153-00 -32 "''33 Same As-\y #29 ter. 153-091-29 36 Security Trust Company Tr 401 B St 4900 San Diego CA 92101 153-091-28 39 Same As Key 429 025-132-36 42 Michael G Hipke 1808 Alsuna Ln Huntington Beach CA 92648 025-132-39 45 Ann E & James M Shepherd 1811 Florida St Huntington Beach CA 92648 025-132-42 48 Pedro E Castagna 1805 Florida St Huntington Beach CA 92648 025-132-45 51 Lucy Kim Crabtree 1723 Florida St Huntington Beach CA 92648 025-132-90 54 Nissanoff Rechick Naxeman Shideh 1715 Florida St Huntington Beach CA 92648 025-132-47 55 025-131-29 56 025-131-30 57 Mohsen Rizk Ghobrial Robert & Nicole Hand Hector A & Maria Madariaga 619 Ariana Cir 1923 Florida St 6121 Morningside Dr Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 label size 1" x 2 5/8" compatible with Avery/55160/8160 % /�.quette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0918/0919®1U9ny aaAa algiledwoo ww Lg x ww 9E lemol ap allanbg3 a , 0919/0919®ti9ny qpm alglledwoo „9/9 Z x u L azls lapel 025-131-31 58 025-131-32 59 025-131-33 60 Sabry A & Mervat M Saleh Rita Marie Scott Brian Sumner 7101 Slater Ave 1917 Florida St 1915 Florida St Huntington Beach CA 92647 Huntington Beach CA 92648 Huntington Beach CA 92648 025-131-34 61 025-131-35 62 025-131-36 63 James A Master John Bergman Daniel Collins 19851 Ocean Bluff Cir 1911 Florida St 1909 Florida St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 025-131-37 64 025-1 -38 65 025-131-39 66 Christian Kelly David Anne H S h_,'—' Sheldon Ford & Jill P Jones 1907 Florida St Ukarum 44 1903 Florida St Huntington Beach CA 92648 a ew Gu ea Huntington Beach CA 92648 025-131-40 67 025-131-41 68 025-131-42 69 John C & Anna Marie Seibert Lyle E Michelson Randall R & Victoria Bruno 1901 Florida St #300 15503 Leahy Ave 22152 Wood Island Ln Huntington Beach CA 92648 Bellflower CA 90706 Huntington Beach CA 92646 025-131-66 70 William D Westermann 5232 Glenwood Cir La Palma CA 90623 025-131-44 73 Theodore Andrew Sharshan 1817 Florida St Huntington Beach CA 92648 025-131-47 76 Bruce L Mueller 10 Longbourn Aisle Irvine CA 92603 025-131-50 79 Lyle M & Ruth Nutter 1830 Alsuna Ln Huntington Beach CA 92648 025-131-53 82 Jasenn Zaejian 1906 Alsuna Ln Huntington Beach CA 92648 025-131-65 71 Michael R Morjoseph 1823 Florida St Huntington Beach CA 92648 025-131-45 74 Sarah L Frechette 1818 Alsuna Ln Huntington Beach CA 92648 025-131-48 77 Joanne L Paul P.O. BOX 6217 Huntington Beach CA 92615 025-131-51 80 Zitko K Dean 16875 Algonquin St Huntington Beach CA 92649 025-131-54 83 Frank K & Sarah L Chang 1908 Alsuna Ln Huntington Beach CA 92648 025-131`3 72 Phyllis Jo Long 1819 Flori Hun irigton Be h CA 92648 I'. 025-131-46 75 Vincent F Cesare 1820 Alsuna Ln Huntington Beach CA 92648 025-131-49 78 Tammy Philbin 1828 Alsuna Ln Huntington Beach CA 92648 025-131-52 81 Susan Delmer 305 California St Huntington Beach CA 92648 025-131-55 84 Greg Kelly 1910 Alsuna Ln Huntington Beach CA 92648 025-131-56 85 025-131-57 86 025-131-58 87 Lisa Green Brian & Holly Wall Jenks T Presley 1912 Alsuna Ln 1914 Alsuna Ln 1916 Alsuna Ln Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 1 0 label size 1" x 2 5/8" compatible with Avery 05160/8160 / B.)-�tiquetie de format 25 mm x 67 mm compatible avec Avery 05160/8160 091.g/09 G90 many sane aigl}eawoa ww L9 x ww 9Z lewaol ap auann113 0918/0915®tiany 41!m aigiledwos �g/g Z x „I azls lapel x 025-131-59 88 Dennis Robert Godfimon 1918 Alsuna Ln Huntington Beach CA 92648 025-131-25 91 Janet T & Vincent V Nguyen 614 E Utica Ave Huntington Beach CA 92648 025-131-28 94 Anita L Chandler 17128 Nectarine St Fountain Valley CA 92708 025-131-60 89 Carter H Davis 1920 Alsuna Ln Huntington Beach CA 92648 025-131-26 92 Nelson A Guzman 24952 Via Del Rio Lake Forest CA 92630 i 025-131-61 90 Maureen M Newman 1922 Alsuna Ln Huntington Beach CA 92648 025, 131-27 93 Alexa ra Pedano 17561J anda I e C'A 612 label size 1" x 2 5/8" compatible with Avery 05160/8160 5=,�+ Id, Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 / S3idtl1S �. 09 L8/09L9g nJany sane algileawoo ww L9 x ww 9Z pmol ap an@=13 09L8/09L90 Many gjIm alglledwoo u8/9 Z x „L azls label 1 HB Chamber of Commerce President 2134 Main St. Ste. 100 Huntington Beach, CA 92648 6 Building Industry Assoc. of South Calif. Attn: Elyse Sminada, Govt. Affairs Asst. 17744 Sky Park Circle, Suite 170 Irvine, CA 92614 19 O.C. Ping. & Dev. Services Dept. Director P.O. Box 4048 Santa Ana, CA 92702-4048 30 HB City Elementary School Dist. Gregg Haulk, Superintendent 20451 Craimer Lane Huntington Beach, CA 92648 33 HB Union High School District Stephen Ritter 5832 Bolsa Avenue Huntington Beach, CA 92649 42 OC Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 2 Orange County Assoc. of Realtors Dave Stefanides 25552 La Paz Road Laguna Hills, CA 92653 7 SCAG Richard Spicer 818 West 7th, 12th Floor Los Angeles, CA 90017 19 O.C. Planning & Develop. Dept. Michael Balsamo P.O. Box 4048 Santa Ana, CA 92702-4048 30 HB City Elementary School Dist. John Archiald 20451 Craimer Lane Huntington Beach, CA 92648 33 HB Union High School District Greg Plutko, Superintendent 5832 Bolsa Avenue Huntington Beach, CA 92649 42 AES Huntington Beach, LLC Eric Pendegraft, Plant Manager 21730 Newland Street Huntington Beach, CA 92646 R Huntington Beach Tomorrow President PO Box 865 Huntington Beach, CA 92648 26 Department of Transportation, Dist. 12 Christopher Herre, Branch Chief 3337 Michelson Dr., Suite 380 Irvine, CA 92612-1699 27 Local Solid Waste Enf. Agy. O.C. Health Care Agency Director P.O. Box 355 Santa. Ana, CA 92702 42 Richard Loy 9062 Kahului Drive Huntington Beach, CA 92646 John Ely 22102 Rockport Lane Huntington Beach, CA 92646 42 label size 1" x 2 5/8" compatible with Avery 05160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 d 6// 0919/09129 nanny 09AP alglfeawoo ww L9 x ww 9Z fewiol ap auarmq 0918/09 L9®tiany gl!m algltedwoo „8/9 z x u 1. azis lapel gum 025-131-27 025-131-43 025-131-62 Neptune Family Trust Campbell Janice L Lammers William Thomas 17561 Jacaranda 1819 Florida St 16787 Beach Blvd Irvine, CA 92612-2813 Huntington Beach, CA 92648-3225 Huntington Beach, CA 92647-4848 025-191-08 025-200-48 025-200-72 Leport Real Estate Inc Church Evangelical Free Of Dco Beach Walk Llc 2920 Ocean Blvd Huntington Beach 1601 Dove St #250 Corona Del Mar, CA 92625-3233 19891 Beach Blvd #205 Newport Beach, CA 92660-2411 Huntington Beach, CA 92648-3273 153-091-21 David M & Anne Smith Regency Centers Sil PO Box 43 Po Box 790830 Ukarumpa San Antonio, TX 78279-0830 Ehp 444 Papua New Guinea s label size 1" x 2 5/8" compatible with Avery /55160/8160 �G Etiquette de format 25 mm x 67 mm compatible avec Avery/55160/8160 6 61--'�