HomeMy WebLinkAboutJ.T. DEVELOPMENT CO., LLC - 1998-10-05REQUEST FOR ACTION
l9� �D,9ae yc Sini n�- i'�
MEETING DATE: October 8, 1998 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held:
erred/Continued to:
prove ❑ Conditional) Approved ❑ Denied
Z
City Clerk' S gnature
Council Meeting Date: October 8, 1998
Department ID Number:
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MEMBERS OF CITY COUNCIL
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR �,¢d
PREPARED BY ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK rn
n
n M.
SUBJECT: ADOPT LANDSCAPE LICENSE AGREEMENT, TENTATIVE TRACTc,r`Z
14352(R) AND CONDITIONAL USE PERMIT NO. 90-39R (PLj_2A� �'
ALMARIA) n„
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s)
Statement of Issue:
In order for the Developer, J. T. Development Co., LLC, to provide and maintain hardscape
and landscaping in conjunction with Tentative Tract 14352(R) and C.U.P. No. 90-39(R)
within public right-of-way, a Landscape License Agreement must be executed between the
developer and the City of Huntington Beach as required by Conditions of Approval per
C.U.P. #90-39R and Tentative Tract 14352(R).
Funding Source:
None Required.
Recommended Action:
Motion to approve and authorize the Mayor and City Council to execute the Landscape
License Agreement, and authorize the City Clerk to record the Agreement with the Orange
County Recorder.
RCA.DOC -2- 09/17/98 6:18 AM
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER:
Alternative Action():
Do not approve the Agreement, require the Developer to install two separate landscape and
irrigation systems, construct precise demarcation lines between public and private property,
thereby requiring the City to maintain the landscape in the public right-of-way, paying for all
maintenance costs from City budgeted funding.
Analysis:
A condition of approval for Tentative Tract Map 14352 (Revised) and Conditional Use Permit
No. 90-39 (Revised) required the Developer to enter into an agreement with the City for
maintenance of landscaping and other improvements within the pubic right-of-way. This
allows the developer to integrate the on -site landscape scheme into public right-of-way
resulting in a more aesthetically pleasing landscape appearance and eliminates City
maintenance costs and liability.
Environmental Status:
1) Landscape License Agreement
2) Exhibits A and B (Legal description and plan of license area)
3) Certificate of Liability Insurance/Additionally Insured Endorsement
4) Conditions of Approval for Tentative Tract Map 14352 (Revised) and
C.U.P. No. 90-39 (Revised)
Daryl D. Smith
RCA.DOC -3- 09/17/98 6:18 AM
ATTACHMENT
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
October 20, 1998
Gary L. Granville, County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find a License Agreement by and Between the City of Huntington
Beach andJ.T. Development Company, LLC to Provide Landscape and Other
Improvements in the Public Right of Way to be recorded and returned to the City of
Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA
92648.
Please return a conformed copy of the License Agreement when recorded and return to
this office in the enclosed self-addressed stamped envelope.
&X'� Zlw6lk�7
Connie Brockway, CIVIC
City Clerk
Enclosures
g:\followup\deedltr:License Agreement J.T. Development
(Telephone: 714-536-5227 )
le,'c cQ 5
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WW0A
D MA IL T�
-PCO,
TITLE OF DOCUMENT:
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
111111111111111111111111 Jill No Fee
19980744628 09 ; 43am 11 /03/98
1005 29009401 29 57
Al2 14 6.00 39.00 0.00 0.00 0.00 0.00
'S USE ONL
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
�� /\Cfl TITI C O/G I�9/AL\
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
J. T. DEVELOPMENT COMPANY, LLC
TO PROVIDE LANDSCAPING AND OTHER IMPROVEMENTS
IN THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on this A day of S610,6M,, 19'? , by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and J. T. DEVELOPMENT COMPANY, LLC, , a California
limited liability company, hereinafter referred to as "LICENSEE."
WHEREAS, in connection with the development of that certain real property (the
"Property") located in the City of Huntington Beach, County of Orange, State of California, and
more particularly described in the legal description and sketch collectively attached hereto as
Exhibit -"A" and incorporated by this reference as though fully set forth herein, LICENSEE is
required 'by CITY to provide landscaping and other improvements in the public right-of-way in
accordance with plans and specifications submitted by LICENSEE and approved by CITY; and
LICENSEE has provided for maintenance of a portion of said improvements in the public
right-of-way (hereinafter referred to as "the Improvement Area") located in the City of
Huntington Beach, and more particularly described in the legal description and sketch
collectively attached hereto as Exhibit "B" and incorporated by this reference as though fully set
forth herein; and
By this agreement, CITY and LICENSEE desire to clarify and specifically delineate their
respective obligations with respect to the maintenance of the Improvement Area,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, CITY and LICENSEE covenant and agree as follows:
GRANT OF LICENSE
Subject to terms and conditions hereinafter set forth, LICENSEE shall have a non-
exclusive, revocable license (the "License") to use the Improvement Area for landscaping
purposes.
During the term of this License, LICENSEE agrees to maintain the improvements to be
installed on the Improvement Area in good and satisfactory condition. The improvements shall
be installed as depicted on the Improvement Plans approved by the City pursuant to Conditional
Use Permit No. 90-39R. Maintenance shall include but not be limited to watering, repairing
and/or adjusting irrigation systems when,failures occur, fertilizing, cultivating, edging,
performing general planting and trimming or other corrective gardening, spraying grass and
plants with both insecticides and herbicides, and generally keeping the Improvement Area in
clean, safe and attractive condition, taking into consideration normal growth ofthe landscape
materials and a continuation of the aesthetic quality of the area. The growth f-of-all plant materials
This document is solely for the 1 Tax -Exempt -Government Agency
g\4\98agree\prowsamofficial business of the City CITY -OF HUNTINGTON BEACH'
9/2/98 pof Huntington Beach, as contem- le Brockway, City Clerk
plated under Government Code
Sec. 6103 and should be recorded BY:
free of charges puty CRY Clark
shall not be allowed to grow, nor irrigation be allowed to spray across or onto any bicycle path,
pedestrian walk or street right-of-way from the edge of the curb/gutter to the center of the street
as designated on Exhibit `B." The Improvement Area shall be free from weeds, debris and
harmful insects at all times. All gardening and maintenance performed shall conform to the best
maintenance practices and to the Arboricultural and Landscape Standards Specification, issued
by the CITY's Department of Public Works.
LICENSEE agrees to maintain and keep the Improvement Area in good condition and
repair, free and clear of litter and debris and free from any objectionable noises, odors or
nuisances and to comply with all health and police regulations, in all respects at all times.
LICENSEE agrees to dispose of litter and debris only in receptacles designated by CITY.
2. LOCATION
The Improvement Area shall initially be that portion of the Property as shown on Exhibit
"B" attached hereto and previously incorporated herein by reference.
PLANS AND SPECIFICATIONS
LICENSEE shall perform, at its sole cost and expense, any and all refurbishing to the
Improvement Area as necessary to bring the Improvement Area into an operating condition, all
in accordance with plans submitted by LICENSEE to CITY, which plans shall be subject to the
prior written approval of CITY. No changes, modifications or alterations may be made to the
Improvement Area without the prior written consent of CITY.
4. DAMAGE TO IMPROVEMENT AREA
In the event any damage is caused to any pathways, sidewalks, curb, street or utilities as a
result of the installation of the landscaped material installed and/or maintenance of the
Improvement Area, LICENSEE or its successors and assigns agree to repair same at their own
expense.
5. _ MECHANICS' LIEN
LICENSEE agrees not to suffer any mechanics' lien(s) to be filed against the
Improvement Area by reason of any work, labor, services or material performed at or furnished
to the Improvement Area, to CITY or to anyone holding the Improvement Area through or under
the Agreement. Nothing in this agreement shall be construed as a consent on the part of the
CITY to subject the CITY's estate in the Improvement Area to any mechanics' lien(s) or liability
under the mechanics' lien laws of the State of California.
6. ASSIGNMENT
The License herein granted is personal to LICENSEE and is non -assignable except as
expressly provided herein. Any attempt to assign this License, except as expressly authorized
2
g\4\98agree\prowsamp
9/2/98
herein, automatically terminates this License. Other than the License granted hereunder,
LICENSEE hereby expressly waives any claim to or interest or estate of any kind or extent
whatsoever in the Property arising out of the License or out of LICENSEE's use or occupancy of
the Improvement Area, whether now existing or arising at any future time.
This License is appurtenant to the Property- and may not be separately assigned apart from
the Property or the interests therein, except that the assignment of this License to a homeowners'
association or a similar organization having the same qualifications for membership and formed
for the same purposes as a homeowners' association shall be deemed to be a valid assignment.
LICENSEE shall give notice in writing to CITY of each such assignment. The property is now,
or will be, a mixed used condominium project composed of residential and commercial
condominiums. As the improvements on the Improvement Area will be for the benefit of the
Commercial condominium owners, it is agreed that LICENSEE may. assign its rights under this
Agreement to the owner or owners of the commercial condominiums. Such notice shall include
the mailing address of the assignee, and will become the assignee's address for service of notices.
7. TERM
The term of this License shall be perpetual, provided that CITY may terminate this
License upon thirty (30) days written notice to LICENSEE. In the event of any such.termination,
LICENSEE and its successors and assigns shall be obligated to restore the improvements on the
Improvement Area, including the plantings and irrigation systems, to their condition at the time
of their original installation and to satisfy all CITY requirements pertinent to restoration of the
Improvement Area. The LICENSEE or its successors in interest shall be required to disconnect
the water and electrical supply source from the Property and to construct and reconnect a new
water and electrical supply source to the Improvement Area irrigation system to the satisfaction
of CITY.
APPLICABLE LAW
LICENSEE shall, at its sole cost and expense, faithfully observe in the use and
occupation of the Improvement Area all municipal ordinances, and all state and federal statutes
now in force and --which may hereafter be in force, and shall fully comply, at its sole expense,
with all regulations, orders, and other requirements issued or made pursuant to any such
ordinances and statutes. All building permits, business licenses and other applicable permits and
licenses shall be secured and paid for by LICENSEE.
9. UTILITIES
LICENSEE shall bear the expense of electricity and any other utility necessary to the
operation of the License Area pursuant to this License. LICENSEE shall be solely responsible
for using such utilities in a safe and hazardless manner, complying in all respects with applicable
codes and ordinances.
3
g\4\98agree\prowsamp
9/2/98
10. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, LICENSEE or its successors or assigns
acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to
be insured against liability for workers compensation; LICENSEE covenants that it will comply
with such provisions prior to commencing -performance of the work hereunder.
LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence,
One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two
Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times
incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
LICENSEE shall require all subcontractors to provide such workers' compensation
insurance for all of the subcontractors' employees. LICENSEE shall furnish to CITY a
certificate of waiver of subrogation under the terms of the workers' compensation insurance and
LICENSEE shall similarly require all subcontractors to waive subrogation.
11. INSURANCE
In addition to -the Workers' Compensation Insurance and LICENSEE's covenant to
indemnify CITY, LICENSEE or its successors and assigns shall obtain and furnish to CITY, a
policy of general public liability insurance, including motor vehicle coverage, covering all
activities to be undertaken by LICENSEE concerning the Property. Said policy shall indemnify
LICENSEE, its officers, agents and employees, while acting within the scope of their duties,
against any and all claims of liability arising out of or in connection with all activities to be
undertaken by LICENSEE concerning the Property, and shall provide coverage in not less than
the following amount: combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of $1,000,000 per
occurrence. If coverage is provided under a form which includes a designated general aggregate
limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its
officers, and employees as Additional Insureds, and shall specifically provide that any other
insurance which may be applicable to all- activities to be undertaken by LICENSEE concerning
the Property shall be deemed excess coverage and that LICENSEE's insurance shall be primary.
Under no circumstances shall said above mentioned insurance contain a self -insured retention, or
"deductible" or any similar form of limitation on the required coverage in excess of
51000.co
12. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, LICENSEE shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
4
g\4\98agree\prowsamp
9/2/98
•
•
1. provide the name and policy number of each carrier and policy; and
2. shall state that the policy is currently in force; and
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice to CITY.
LICENSEE shall maintain the foregoing insurance coverages in force until this License is
terminated.
The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
13. INDEMNIFICATION AND HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless
CITY, its officers, and employees against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or injury to LICENSEE's
employees and damage to LICENSEE's property, arising directly or indirectly out of the grant of
License herein contained or the activities to be undertaken by LICENSEE concerning the
Property, caused in whole or in part by any negligent act or omission of the LICENSEE, any
subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, including but not limited to concurrent active or passive negligence
except where caused by the active negligence, sole negligence or willful misconduct of CITY.
LICENSEE will conduct all defense at its sole cost and expense.
14. RULES AND REGULATIONS
LICENSEE and its successors or assigns agree to obey and observe (and cause its
officers, employees, contractors, licensees, invitees and all other doing business with LICENSEE
to obey and observe) all rules and regulations of general applicability regarding the Property as
may be established by CITY at anytime and from time to time during the term of this Agreement.
15. DEFAULT
In the event LICENSEE and its successors or assigns does not maintain the Improvement
Area in an adequate manner, CITY shall cause such maintenance to be performed adequately and
all costs incurred shall be assessed to and billed directly to the LICENSEE. Payment shall be
due within ten (10) days of billing.
16. COVENANT
LICENSEE for itself, and its successors and assigns, agrees that this instrument shall be a
covenant running with the land, binding upon and inuring to the benefit of the owner of the
g\4\98agree\prowsamp
9/2/98
Common areas of the Property, as the burdened parcels, and its respective successors in interest,
heirs, personal representatives, and inuring to the benefit of CITY, as the owner of the
Improvement Area, as the benefited parcel, provided, however, that upon conveyance of the
common areas of the Property, including without limitation, LICENSEE's transfer thereof to a
homeowners' association, the transferor shall be released from all duties under this Agreement
-arising after the date such transferor shall have given notice of assignment in writing to CITY.
17. NOTICES
Any notice or special instructions required to be given in writing under this Agreement
shall be given either by personal delivery to LICENSEE (as designated herein) or to CITY as the
situation shall warrant, or by enclosing the same in a sealed envelope, postage. prepaid, and
depositing the same in the United States Postal Service, addressed as follows:
TO CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
18. CAPTIONS AND TERMS
TO LICENSEE:
J. T. Development Company, LLC
Attn: John Tillotson
15272 Bolsa Chica Road
Huntington Beach, CA 92649
The captions and section numbers appearing in the Agreement are for convenience only
and are not a part of the Agreement and do not in any way limit, amplify, define, construe or
describe the scope of intent of the terms and provisions of this Agreement, or in any way affect
this Agreement.
19. RECORDATION
This agreement shall be recorded with the County Recorder of Orange County,
California.
REST OF PAGE INTENTIONALLY LEFT BLANK
6
g\4\98agree\prowsamp
9/2/98
20. ENTIRETY
The foregoing, and the attachments hereto, set forth the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
LICENSEE:
J. T. Development Company, LLC
a California limited liability company
By:
Name ���� �! . .\��Soti_
(print or type)
Its (circle one): (I) Chairman of the Board
(ii) President (iii) Any Vice President
AND
By:
Name
(print or type)
Its (circle one): (I) Secretary (ii) Any Assistant Secretary
(iii) Chief Financial Officer (iv) Any Assistant Treasurer
REVIEWED AND APPROVED:
Cit dministrator
7
g\4\98agree\prowsamp
9/2/98
CITY:
CITY OF HUNTINGTON BEACH,
a California munici al corporation
Ma r
ATTEST:
City Clerk fk(/
APPROVED AS TO FORM:
City Attorney 9`� —
INITI 7D APPRO ED
� �jj
Director of Public Works
CALIFORNIA ALL-PURPSE ACKNOWLEDGMENT •
State of /'uG I
County of (��alwe
On PV*e4`1�j � l� before me, ���A/ /.rcrn ��"�� W2
Date Name and Till of Officer (e'9., "lane
eDDoe,
`Nota ublic")
personally appeared Sti//�� ��.�A'� L�a� �c•�-��
Name(s) of Signer(s)
personally known to me — to be the person
whose nameG ' re subscribed to the within instrument
and acknowledge to me that he, aherej executed the
same in ei authorized capacit e , and that by
ei signatureo on the instrument the persop )
LAURAA, NELSON or the entity upon behalf of which the persor4&acted,
executed the instrument.
17=71TV, Mk
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: /0/.,5;lg0 v Number of Pages: 7,4d4i-A -
Signer(s) Other Than Named Above: G4,t,(.1'-�a�/. (� �`h�,'rriir/iSi7�; LJirCQJf�cyu/G
Capacity(ies) Claimed 15y Signer(s)
Signer's Name: 6(e el(&lf
Uj
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
Me
❑ Guardian or Conservator610
;�-Other: /' dY- Top of thumb here
Signer Is Representing: 3
_=
Signer's Name: �G &'Oc,4445Pq
Ij
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
E. Attorney -in -Fact
Ej Trustee
❑ Guardian or Conservator `-
--a Other: Top of thumb here
Signer Is Representing:��
0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800.676-6827
CALIFORNIA ALL-PURPOE ACKNOWLEDGMENT •
State of
County ofyre::!!q�
On SPal��u- i �Z 10F before me, �.Q. /I%elsoo i /l/efT�.sif ie4�.,
I Date Name and Title of Officer (e.g., "Jane Doe, Not Public")
//'�
personally appeared � eh m /V
Name(s) of Signer(s)
;'personally known to me - OR - e to be the person(4
whose name is subscribed to the within instrument
and acknowledged to me that(9/!S� executed the
same it h4er�#Fiei+r authorized capacity(ies), and that by
LAURA A. NELSON (5, her/their signature(* on the instrument the person(;
Commission # 1OW63 or the entity upon behalf of which the personT* acted,
-� Notcry Public — California executed the instrument.
Orange County
My Co.nm. E)plres Jul 23, 1999
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 402Z, �
Document Date: Number of Pages: 7
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _Joh✓t Y. 7-/*//o-1$&,n
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
:1 Trustee
❑ Guardian or Conservator
XJ Other: ICI Q.tylC4ta' A 4P.Na%i
Signer Is Representing:
J,T DeVeloploeod �^l,Yt V
,14-4C.
Signer's Name:
0
❑
❑
❑
❑
El
u-6lra LJvY�S
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
E
•
ATTACHMENT 2
` �IJ ORANGE COAST TITLE COMPANY
(v Attachment 1.
j
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND J. T. DEVELOPMENT CO., LLC
TO PROVIDE LANDSCAPING AND OTHER IMPROVEMENTS
IN THE PUBLIC RIGHT-OF-WAY
TABLE OF CONTENTS
Page No.
1. GRANT OF LICENSE 1
2. LOCATION 2
3. PLANS AND SPECIFICATIONS 2
4. DAMAGE TO IMPROVEMENT AREA 2
5. MECHANICS' LIEN 2
6. ASSIGNMENT 2
7. TERM 3
8. APPLICABLE LAW 3
9. UTILITIES 3
10. WORKERS COMPENSATION 4
11. INSURANCE 4
12. CERTIFICATES OF INSURANCE 4
13. INDEMNIFICATION AND HOLD HARMLESS 5
14. RULES AND REGULATIONS 5
15. DEFAULT 5
16. COVENANT 5
17. NOTICES 6
18. CAPTIONS AND TERMS 6
19. RECORDATION 6
20. ENTIRETY 7
•
•
ATTACHMENT 3
4 DATE (MM/DD/YY)
AC ORD CERTIFIC OF LIABILITYINS.0 N'CD.i„
_... _ v , 09/14/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wegjrei & Associates, Inc. �DOYD✓� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Agents & Brokers / /li HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
,5/9
P. 0. Box 1508 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Arcadia CA 91077-1508 COMPANIES AFFORDING COVERAGE
�3"Lc/% ✓a 61w g.,PANY
Matt Weaver `% OUT F Steadfast Insurance Co.
Phone No. 626-44 -6161 Fax No.626-445-3827 doomA
INSURED
C21}� Cluk �ulf-
COMPANY
B New Hampshire Ins. Co.
�J
COMPANY
J T Development Co., LLC ,�`-f 6.00.10
C The Hartford Insurance Group
15272 Bolsa Chica Rd.
COMPANY
Huntington Beach CA 92649
D
'COVERAGES a
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
s2,000,000.
A
COMMERCIAL GENERAL LIABILITY
SCO 26-69-896-00
08/20/97
08/20/99
X
PRODUCTS -COMP/OPAGG
$1 000 000.
CLAIMS MADE ❑X OCCUR
PERSONAL & ADV INJURY
$1 000 , 000 .
X
EACH OCCURRENCE
E 1 OOO OOO.
OWNER'S BCONTRACTOR'S PROT
FIRE DAMAGE (Any one tire)
E 50 , 000 .
MED EXP (Any one person)
$1 000 .
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
APPROVED AS TO
FORM: i
(Per person)
BODILY INJURY
$
HIRED AUTOS
GAIL OTTON,: City
ty Attorney
NON -OWNED AUTOS
By:; Deputy City
Attorney
(Per accident)
llr�i
UU
PROPERTY DAMAGE
$
GARAGE LIABILITY
GJ
/
AUTO ONLY • EA ACCIDENT
$
ANY AUTO
L
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
s4,000,000.
AGGREGATE
s4,000,000.
$
UMBRELLA FORM
R
CB10996
08/20/97
08/20/99
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
WC STATU- OTH•
TOR LIMITS ER
- � ;;t.
`
EMPLOYERS' LIABILITY
EL EACH ACCIDENT
$
THE PROPRIETOR/ INCL
EL DISEASE . POLICY LIMIT
S
PARTNERS/EXECUTIVE
EL DISEASE - EA EMPLOYEE
S
OFFICERS ARE: EXCL
OTHER
C
Builder's Risk
72 NIX GJ9852
04/16/98
06/16/99
Structures $12,400,000
Coverage - IM Form
EQ-10% TIV $3,000,000.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
The City of Huntington Beach, its agents, officers and employees, are hereby
named as additional insured as their interests appear per attached endt.
*Ten days in the event of non-payment of premium
;CERTIFICATE HOLDER 4 " ' CANCELLATIONu
HZJNTI-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach, its EXPIRATION DATE THEREOF,.THE ISSUING COMPANY WILL MAIL
agents, officers & employees 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Judy D'Amico
2000 Main Street `
Huntington Beach CA 92648
AU HORI R PeNIVE
Matt saver
ACORD 25-§ (1/95) 4 ACORD CORPORATION 1988.
j/h1 vL r Fite 77 oo o .l o
.Non -Premium Endorsement Date Prepared Endorsement No.
' 9-9-97 5
Issued by- ^'
® Steadfast Insurance Company
Policy Number Certificate Number Named Insured
SCO 266989600 J. A. Hill Corporation
Producer Producer No. -
Glendale Specialty Risks Insurance Services, Inc. 75409000
Inception (Month -Day -Year) . Expiration (Month -Day-Year) Effective Date
Policy Period:
1 8/20/97 1 8/20/99 1 8/20/97
It is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged.
BLANKET A20MONAL INSURED ENDORSEMENT ,/
It is agreed that the Persons Insured (Section II) is amended to include the entities named below as an
additional insured under this policy, but only as respects liability arising out of work performed by or for the
named insured on behalf of the additional insured.
It is further agreed that naming the below individual(s) as an insured does not serve to increase the Company's
Limits of Liability as specified in the Declarations -of this policy.
Name of Additional Insured:
All entities and/or persons. for. whom the. named insured, under written contract has agreed -to provide coverage
as an additional insured.
APPROVED AS TO FORM:
GAIL HUTTON,,; City Attorney
$y: Deputy City Attorney
Signature of Authorized Re ve
STF223WF (ST) 11/81 Steadfast Insurance Company
Attachment 3
Page 20 - Council/Ag7 Minutes - 04/07/97 •
Councilmember Garofalo asked the City Attorney if the city has any input in the development
of CC&Rs relative to mixed use. Deputy City Attorney Barron replied that under the setting
Councilmember Garofalo described, the city does not.
Councilmember Garofalo stated that he would encourage the landowner or developer should
this project or whatever project is approved to strongly put up front the language that would
help mitigate future concerns about the lifestyle there.
Councilmember Sullivan referred to.the parking code distributed by Mr. Bolen, and Planning
Director Zelefsky stated that this diagram did not relate to the issue being -discussed. He
informed Council that the zoning code covered this provision.
Councilmember Sullivan presented further questions on the issue and Planning Director
Zelefsky reported.
A motion was made by Green, second Garofalo, that Council approve the following actions:
1. Approve Negative Declaration No. 96-16 with findings and mitigation measures asset
forth in Attachment No. 1 to the Request for Council Action from the Community
Development Department, dated April 7, 1997.
2. Approve Conditional Use Permit No. 90-39 (R) with Special Permits - Coastal
Development Permit No. 90-30 (R) - Tentative Tract Map No. 14352 (R) with findings and
conditions of approval as set forth in Attachment No. 1 of the Request for Council Action
from the Community Development Department, dated April 7, 1997 with the following sixth
Condition of Approval: Any future redesign of the project which reduces the total number
- of approved residential units and/or reduces the overall approved building height shall be
4o compatible with the surrounding use and consistent with the Spanish
� Village/Mediterranean theme of the project. Any future reduction of approved residential
P units and/or overall building height shall be subject to review and approval by the Design
i Review Board only. The review of the project shall be to ensure a design consistent with
the approved architectural theme for the project.
and
3. Approve Findings for Approval for Special Permits as set forth in the communication from
the Community Development Director to the Mayor and City Councilmembers dated
April 7, 1997, Subject: Plaza Almeria Appeal (announced earlier in the public hearing)
and further that Condition 17 (d) be revised to read "residential or commercial refuse
collection may occur on Orange Avenue between 9:00 a.m. and 4:00 p.m., Monday
through Saturday."
Mayor Bauer stated the reasons why he believed it is an excellent project, including the fact
that it has been examined for close to seven years and that six months ago Council had a
world renown architect basically tell us what we ought to do and that has been executed, and
at that time Council did indicate to the project proponent that what was described by Mr. Von
Tilberg, Architect, was an excellent project. He stated that the people who have voiced
objections at this meeting have had six months to voice their objections and that every single
issue raised at this meeting has been addressed in a reasonable fashion. He stated that the
1
•
•
ATTACHMENT 4
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 90-39(rR)•
1. The site plan, floor plans and elevations received and dated January 22, 1997, shall be
resubmitted to the Department of Community Development and be subject to a
comprehensive plan check to reflect the following modifications:
a. All site plans, floor plans, and building elevations shall be completely dimensioned and
all non -obvious building elements, features, and characteristics shall be clearly labeled.
Special attention shall be paid to clearly labeling architectural features on the elevations
and additional architectural treatment shall be provided on the ground floor building
facade on all sides of the project. Additional features should focus on awnings or
eyebrows above windows, additional arches and pop -outs, and redesigning the parking
garage ventilation arches to be more unobtrusive and to match the elements in the
residential units on the third and fourth floors. All architectural features as currently
proposed on upper floors shall be included on building permit plans. Each sheet of plans
shall include a scale.
b. All elevations shall be completely labeled with proposed colors and materials.
c. In order to increase open space along Main Street and create an enhanced pedestrian
thoroughfare, all structures more than forty-two (42) inches in height, except architectural
features such as non -habitable floor area, staricases, a tower element, an entry vestibule,
and the rounded turrets at the corners of Main and Olive and Main and Orange, shall be
set back a minimum of six (6) feet from the.front property line on Main. -Street. Other
architectural features may encroach into this minimum six (6) foot setback subject to
review and approval of the Community Development Director.
d. In order to provide more open space along Main Street and minimize the extent of the
special permit, an approximately ten (10) foot wide by twenty-eight (28) foot long area
for outdoor dining/plaza shall be provided within the net site area immediately in front of
the 6,525 square foot restaurant along Main Street near the south side of the project.
e. In order to create a character and scale consistent with the pedestrian orientation along
5th Street, the top plate of the parking garage shall not exceed eighteen (18) feet from
highest adjacent curb and the entire elevation along 5th Street shall be revised to
minimize the vertical mass by including special and unique architectural features to
screen the ventilation openings of the parking garage and to match elements of the
residential units on the third and fourth floors; these revisions shall be subject to review
and approval of the Community Development Director.
f. All structures more than forty-two (42) inches in height shall be setback a minimum of
five (5) feet from the property line on Sth Street.
g. Pavers or a similar stamped concrete treatment shall be incorporated on all four sides of
the project and shall be designed to differentiate between the public and private right-of-
way. The use of decorative pavers shall be subject to review and approval of the Director
of Public Works.
/7
h. In order to avoid an institutional atmosphere and stark appearance of the pedestrian
hallway between the parking garage and the plaza area on Main Street, the interior design
of the corridor shall incorporate innovative design elements and have appropriate lighting
subject to review and approval of the Community Development Director.
i. . All levels of the parking garage shall be revised to depict all necessary support columns
and/or walls. Columns may only be placed within three. feet of the front or the rear of a.
parking stall. The width of all parking spaces adjacent to a wall more than forty-two (42)
inches in height shall be increased by three feet for a total clear parking stall width of
twelve feet.
j. Parking Space No. 52 shall be physically separated from the residential car wash area on
Parking Level 2 by a wall or other screening method. This space and space No. 49 on the
same level shall be increased by three (3) feet in width.
k. The entrance to the residential parking garage shall be redesigned so that both the
entrance and exit is completely secured from vehicular and pedestrian traffic and
accommodates guest access via a telephone access system. Design of the security gate
system shall be subject to approval of the Director of Public Works, Director of
Community Development, and Design Review Board.
1. The two commercial trash enclosure areas shall be redesigned to include a mat wash
down area which drains directly .to the sewer system.
m. The public.telephones depicted on Parking Level Minus. l _shall be. deleted.
n. The two rooms labeled "T" between the mechanical equipment rooms and trash rooms on
both the north and south side of the project shall be defined on the site plan for
consideration of being included in the final design of the project by the Community
Development Director.
o. Ramp slopes in the parking garage shall be redesigned to meet the maximum slope
permitted by code. Transition ramps which are also used as back-up space for parking
stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps
with no adjacent parking spaces shall_be 10 percent. A ramp used for ingress and egress
to a public street shall have a transition section at least 16 feet long and a maximum slope
of 5 percent. (Code Requirement)
p. One parking stall shall be restriped for a turn around space for vehicles entering the
project from Olive Avenue and traveling north on the main parking level. Restripe either
parking stall No. 1 or parking stall No. 89 on the Main Level as a turnaround space. This
turnaround space shall not be counted toward meeting the minimum number of required
parking spaces.
m
-6-
q. A public art element shall be integrated and be in a publicly accessible place within the
Plaza Almeria project. Public art shall include art of:
1) Artistic excellence and innovation,
2) Appropriate to the design of the project,
3) Reflective of the community's cultural identity, (ecology, history, society).
A public art element shall be reviewed and approved by the Design Review Board, the
Community Development Director, and the Cultural Services Division Manager prior to
issuance of a.building permit for -the project. The public art shall be in place at the
subject site prior to final inspection.
r. The transformers on the north side of the project that are encroaching into the minimum
five (5) foot exterior yard -setback shall be screened. from view by any combination of the
following: 1) sink the transformers into the ground and construct a low screen wall, 2)
utilize special architectural treatments, 3) utilize creative landscape treatments, or 4) any
other screening method approved by Community Development and Public Works
Directors.
s. Parking lot striping detail shall -comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
t. Depict all .utility apparatus, -such as but not limited to back flow devices and Edison
transformers on the.site plan.. Utility. meters shall.be-screened.from view from public
,rights -of -way. Electric transformers•in a required. front. or street side yard: shall be
enclosed in subsurface vaults: - Backflow preventiondevices. shall be prohibited in the
front yard setback and shall be screened from view by landscaping or an alternate
approved method subject to the Community Development Director's review. (Code
Requirement)
u. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall
be architecturally compatible with the building in terms of materials and colors. If
screening is not designed specifically into the building, a rooftop mechanical equipment
plan showing screening must be submitted -for review and approval with the application
for building permit(s). (Code Requirement)
v. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
/9
w. Outdoor lighting shall be included and energy saving lamps shall be used. All outside
lighting shall be directed to prevent "spillage" onto adjacent properties and shall be
shown on the site plan and elevations. Lighting shall also be included on all levels of the
parking structure and shall include lighting in all pedestrian pathways and over vehicle
parking areas. An indoor and outdoor lighting plan shall be submitted prior to issuance
of building permits.
x. Plans shall be amended to reflect.the revised project description for 15,000 square feet of
commercial, 15,000 square feet of restaurant, and 11,000 square feet of office.
y. Parking tabulations on the cover shall be amended to reflect 284 required parking spaces.
z. All venting and mechanical systems for any restaurants shall be designed and constructed
no lower than the highest residential unit to minimize potential odor impacts to the
townhomes. Any external venting or mechanical equipment shall be'subject to review
and approval by the Design Review Board prior to submittal of building permits.
aa. The Redevelopment Agency shall pursue relocating the bus stop from its current location
on Orange Avenue at the northwest comer of the site to the east side of Main Street just
north of Orange Avenue. If the applicant is unsuccessful in relocating the bus stop, then
an alternate location for loading and unloading shall be subject to review and approval of
the Community Development Director and Public Works Director and if necessary, by
the Planning, Commission. Provision of the on -street loading zone shall not result in the
loss of any on-street,.parking spaces.
bb. The first and second floor facades shall be redesigned -to accommodate. appropriate
signage. In addition, a planned sign program establishing a colors, materials, and sign
theme for the entire site shall be submitted prior to issuance of building permits. The
planned sign program shall include guidelines and criteria for all tenants, directional
signs, parking level signs, elevators, staircases, ingress and egress signs, etc.
cc. The public plaza area shall be designed so that 30% of the area is landscaped, the entire
plaza has textured paving, a visual feature such as a fountain, information kiosk, pond,
sculpture, etc., is included, public seating is provided, and a maximum of 50% of plaza
area on private property may be used for commercial activities.
dd. The common residential open space area shall include a combination of the following (or
similar) amenities throughout the open space area: barbecues, an outdoor fireplace,
seating areas, shade structure, etc. These open space amenities shall be subject to review
and approval by the Community Development Director.
2. Any change in type of use and/or square footage which would increase the number of
required parking spaces shall be subject to review and approval by the Planning Commission.
20
-8-
3. Any restaurant use (greater than 12 seats) shall require the review and approval of a
conditional use permit by the Planning Commission.
4. Any outdoor dining use shall require the review and approval of a conditional use permit by
the Planning Commission. All outdoor dining shall be located adjacent to the buildings and
the restaurant uses they serve. As a result, the pedestrian corridor/access way shall be located
along the eastern, southern, and northern edges of the project boundaries.
5. Any proposed alcohol sales shall require the review and approval of a conditional use permit
by the Planning Commission.
6. No basement area shall be permitted without the approval of the Community Development
Director.
7. The proposed public improvements along Main Street, Olive Avenue, 5th Street, and Orange
Avenue shall be maintained by the property owner through a License Agreement between the
Public Works Department and the property owner. The License Agreement and associated
insurance requirements shall be reviewed as to form and content by the City Attorney's
Office prior to approval of the public improvement plan.
8. A minimum ten (10) foot wide public access way be maintained on all four sides of the
project by the property owner through Covenants, Conditions, and Restrictions (CC & R's)
and a License and Maintenance Agreement. Both documents shall be approved as to form
and content by the City Attorney's.Office.
9.. The cost of relocating any- on-street°parking meter and re -striping on -street parking spaces
shall be the sole responsibility of the property owner. All restriping and parking meter
relocation shall be subject to review and approval of the Public Works Department and there
shall be no net loss of public parking spaces or parking meters.
10. All public improvements including but not limited to special pavers and concrete,
landscaping, lighting, etc. that are not consistent with standard Public Works plans previously
approved by the City Council shall be subject to review and approval of the City Council
through an amendment to the Main Street Improvement Plan.
11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall
be prohibited Sundays and Federal holidays. Construction hours along with a contact name
and phone number shall be clearly posted on all four sides of the site.
12. Prior to of submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
�1
in
b. Submit three (3) copies of the site plan and floor plan and the processing fee to the
Planning Division for addressing purposes.
c. All Fire Department requirements shall be noted on the building plans. (FD).
d. An acoustical analysis report, prepared by. an acoustical engineer, shall be completed
prior to submittal of building permits. The noise study shall address potential noise
impacts to the new residential unitsand to adjacent properties from new on -site
commercial and.restaurant uses, refuse collection, parking garage, trash chutes, delivery,
restaurant venting/shafts, and other project related noise sources. The acoustical analysis
shall include recommendations for building materials and design of the new residential
units to reduce exterior noise standards to below 60 dB (A) and interior noise standards to
below 45 dB (A).
e. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted
with the building permit application. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations regarding: grading,
foundations, retaining walls, streets, utilities, and chemical and fill properties of
underground items including buried pipe and concrete and the protection thereof. (Code
Requirement)
f. An engineering geologist shall be engaged to submit a report indicating the ground
surface acceleration from earth movement for the subject property. All structures within
this development shall be. constructed in compliance _with the g-factors, as: indicated by the
geologist's report. Calculations for footings and structural members to withstand
anticipated g-factors shall be submitted to the .City:for review -prior to .the issuance of
building permits. (Code Requirement)
g. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
h. A planned sign program for all signage shall be submitted to the Department of
Community Development. Said program shall be approved prior to the first sign request.
i. Prior to submittal of building permits, the final design, including but not limited to colors,
materials, architectural elements, and landscape plans, shall be subject to a second review
and approval by the Design Review Board. If any changes are made to the DRB
approved plans during the plan check process, then a subsequent review and approval by
the DRB will be required prior to issuance of building permits.
,2 Z
-10-
0 •
13. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PNV)
b. A plan for silt control for all water runoff from the property during construction and
initial operation of the project may be required if deemed necessary by the Director of
Public Works. (PW)
c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall
be prepared by a Civil or Environmental Engineer and submitted to the Department
of Public Works for approval.
d. A detailed soils analysis shall be prepared by a -registered engineer. This analysis
shall include on -site sampling and laboratory testing of materials to.provide detailed
recommendations for grading, chemical and fill properties, foundations, retaining
walls, streets, and utilities.
e. Hydrology and hydraulic studies shall be submitted for Public Works review and
approval. The developer shall design and construct the drainage system required to
serve the development.
f. A sewer study shall be submitted for Public Works approval. The _developer shall
design and construct the, sewer. system required to serve thedevelopment.. Additional
off -site sewer main construction and/or slip lining maybe required. depending on the
results of the sewer study.
14. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Community Development. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State
Licensed Landscape Architect which identifies the location, type, size and quantity of all
existing plant materials to remain, existing plant materials to be removed and proposed
plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of.the
entitlement conditions of approval.
.23
The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that
must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box
trees and shall beincorporated into the project's landscape plan. (PVC (Code
Requirement)
c. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted
to the Department of Public Works for review and approval. (P`V
d. An erosion control plan shall be submitted to the Department of Public Works.* (PW)
e. The developer shall submit.a separate utility plan showing water system improvements,
including service connections to each building, fire hydrant, valves, backflow devices and
other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works
Standards and Water Division design criteria. These plans shall be approved by the
Public Works Water Division and the City of Huntington Beach Fire Department prior to
any constriction. (PVV
f. A Parking Management Plan (PMP) consistent with the Downtown Parking Master Plan
shall be submitted for review and approval by the Community Development Director.
The PMP shall consist of a full size (18 inch by 24 inch) plan of the parking structure, a
written narrative, and a written policy for all building tenants and employees. The plan
shall detail those areas designated for. employee parking and the written policy shall
specify that all employees shall park:on site at.Plaza Almeria in a. specified- area. The
written policy shall outline a.plan for validated parking in the -structure for patrons of
Plaza Almeria. The validation program shall be the same as.the -validation program
provided at the City's parking structure. The Parking Management Plan shall be
incorporated into the CC&R's for the project. (Code Requirement)
g. The Final Map shall be accepted by the City Council, recorded with the Orange County
Recorder and a copy filed with the Department of Community Development. (Code
Requirement)
h. An interim parking and building materials storage plan shall be submitted to the
Department of Community Development to assure adequate parking and restroom
facilities are available for employees, customers and contractors during the project's
construction phase and that adjacent properties will not be impacted by their location.
The construction plan shall identify a staging area and street closures and shall be subject
review and approval by the Community Development Department, Public Works
Department, Police Department, and Fire Department. The applicant shall obtain any
necessary encroachment permits from the Department of Public Works.
2 �
-12-
•
i. Submit gated entryway (access control devices) plans to the Department of Community
Development. The gated entryway shall comply with Fire Department Standard No. 403.
Prior to the installation of any gates, such plan shall be reviewed and approved by the
Community Development, Fire and Public Works Departments.
j. An "Acceptance of Conditions" form shall be properly executed by the applicant and an
authorized representative of the owner of the property, recorded with County Recorder's
Office, and returned to the Planning Division.
k. Final design elevations of grading.shall navary from elevations shown on the tentative
. map by more than one (1) foot unless approved by the City Engineer.
1. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review
and approval.
m. Prior to issuance of building permits for any model homes or temporary sales office, the
applicant shall obtain approval of a Temporary Use Permit through the City of
Huntington Beach Zoning Administrator.
15. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
.enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and afterwork- is. completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
16. Prior to final building permit inspection and approval of the first residential unit (or
commencement of use), the following shall be completed:
a. The 18 parking spaces previously required on this site for the Townsquare project shall be
either:
1) Provided at an off -site location; or
25
-13-
0 •
2) Be satisfied by payment of an in -lieu parking fee subject to review and approval by
the Planning Commission through the conditional use permit process; or
3) An entitlement plan amendment to delete or revise the 18 parking spaces condition of
approval of the Townsquare project shall be applied for to the Planning Commission.
:b. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Department of Community Development.
c. All improvementsto the property shall be completed in accordance with the approved
plans.and conditions of approval specified herein, including:
1) Landscaping;
2) Construct full improvements as required on 5th Street, Main Street, Olive Avenue,
and Orange Avenue, per Public Works requirements (PW).
3) Signing, striping, and street lighting shall be designed and constructed in accordance
with Public Works Standards.
4) Drainage flows from adjacent properties shall not be obstructed. Flows shall be
accommodated per Public Works Department requirements.
5) The developer shall submit a separate water.utility plan at a scale of one -inch equals
twenty. feet, -.showing: water system improvements.for.the..proposed.development. All
'water improvements shall be designed and installed.per the City.of Huntington Beach
Water Division's .Standard Plans,. Specifications and Design Criteria.
6) Each of the proposed retail buildings shall have a separate domestic water service
sized per the UPC (minimum size one -inch). This service shall include backflow
protection per Standard Plan No. 609 with the backflow device located within a
landscape area and screened from view. The proposed retail building located on the
southerly portion of the proposed project shall have the water meters located on Olive
Avenue. The proposed retail building located on the northerly portion of the proposed
project shall have the water meters located on Orange Avenue.
7) All residential units of the proposed project shall be served water from a single water
meter, sized per the UPC. This meter shall be located on Fifth Street near the
intersection of Orange Avenue and Fifth Street. The water service shall include
backflow protection per Standard Plan No. 609, with the backflow devises located
within a landscaped area and screened from view.
8) Fire protection shall include a separate fire service per Standard Plan No. 618, sized
per the Fire Department Requirements, located on Fifth Street near the intersection of
Fifth Street and Olive Avenue. The water service shall include backflow protection
per Standard Plan No. 609, with the backflow device located within a landscaped area
and screened from view.
•
9) Landscape irrigation shall consist of at least one - two inch meter assembly per
Standard Plan No. 603-B and backflow device per Standard Plan No. 609, located per
the City of Huntington Beach Landscape Architect.
10) The developer shall abandon the existing eight inch water main within the alley
between Main and Fifth Streets, from the connection points at Orange Avenue to the
north and Olive Avenue to the south.
11) The developer shall design and construct water mains -within Olive Avenue -and Fifth
Street. The water main within Fifth Street. shall be.twelve inches in diameter. The
water main within Olive Avenue shall be eight inches in diameter -from the existing
point of connection at Main Street to approximately the (existing) alley between Main
and Fifth Streets, increasing to twelve inches in diameter to the proposed twelve inch
water main within Fifth Street.
12) The twelve inch portion of the proposed water main within Olive Avenue shall
connect to the existing twelve inch tap in the existing twenty inch water transmission
main in Olive Avenue. This existing tap is located in the Olive Avenue transmission
main at approximately the location, where the alley between Main Street and Fifth
Street intersect with Olive Avenue.
13) All existing overhead utilities to the first pole .off -site, less than 66 KV, shall be
undergrounded.
14) The.existing storm drain in Walnut Ave. or. Main St. shall be extended to the
intersection of Fifth St. and Olive Ave.; removing.the half round drainpipe on all four
corners.
15) The existing storm drain in Main Street shall be extended north as needed to
accommodate site drainage.
16) The existing sewer main located within the existing alley shall be rerouted around the
project.
17) Trash storage areas and mat wash down area shall drain into the sewer.
18) No combustible construction shall occur without the approved water system installed.
19) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
,2 7
-15-
20) A fire alarm system will be installed to comply with Huntington Beach Fire
Department and Uniform Fire Code Standards. Shop drawings will be submitted to
and approved by the Fire Department prior to installation. The system will provide
the following:
a) manual pulls;
b) water flow, valve tamper and trouble detection;
c) 24 hour supervision;
d) smoke detectors;
e) annunciation;
f) audible alarm; and
g) graphic display;(FD)
21) Fire lanes will be designated and posted to comply with. City. Specification No. 415.
(FD)
22) Address -numbers will be installed to comply with City Specification No. 428. The
size of the numbers will be sized a minimum of six (6) inches with a brush stroke of
one and one-half (1-1/2) inches. (FD)
23) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
Low level exit signs will be included. (FD)
24) On -site fire.hydrants (4) shall.be provided in number.an&at locations specified by
the Fire Department.and shall be installed prior to combustible -.Construction. (FD)
25) An automatic fire sprinkler system shall be approved and installed pursuant to Fire
Department regulations. (FD)
26) A Class III wet standpipe system (combination) will be installed to comply with
Huntington Beach Fire Department and Uniform Building Code Standards. Shop
drawings will be submitted to and approved by the Fire Department prior to
installation. (FD)
27) Elevators will be sized to accommodate an ambulance gurney. Minimum six (6)
foot, eight (8) inches wide by four (4) foot, three (3) inches deep with minimum of
42 inch opening. (FD)
28) Security gates will be designed to comply with City Specification #402. (FD)
29) Submit to the Fire Department for approval a Fire Protection Plan containing
requirements of Fire Department Specification #426. (FD)
30) Soils issue and leaking tank at Main and Olive. There is hydrocarbon contamination
located at Main and Olive. All project soils must meet City Soil Specification #431-
92. (FD)
31) Water supply shall be capable of providing 4,000 gallons/minute above domestic for
required fire flow. (FD)
d. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
e. All building spoils, such as unusable lumber, wire, pipe, and other..surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them.
f. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429 for new construction within the methane gas
overlay districts. (FD)
17. The use shall comply with the following:
a. There shall- be no excessive noise generating uses, such as, restaurants and live
entertainment, permitted in the office spaces on the second floor.
b. Service roads and fire access lanes shall be maintained. If fire lane violations occur and
the services of the Fire Department are required, the applicant will be liable for expenses
incurred. (FD)
c. Commercial loading/unloading activities may occur on Orange Avenue only between the
hours of 7:00 AM - 8:00 PM.
d. No residential or commercial refuse collection may occur on .Orange Avenue at any time.
e. Commercial loading/unloading activities and residential and commercial refuse collection
may occur on Olive Avenue at any time.
f. Residential refuse collection is the only activity permitted on 5th Street.
18. This Conditional Use Permit No. 90-39 (R) with Special Permits/Coastal Development
Permit No. 90-30(R)/Tentative Tract Map No. 14352 (R) shall not become effective for any
purpose until an "Acceptance of Conditions" form has been properly executed by the
applicant and an authorized representative of the owner of the property, and returned to the
Planning Division.
19. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed, and approved the proposed changes for conformance with the intent of the Planning
Commission's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Planning Commission may
be required pursuant to the HBZSO.
EVI
-17-
• 0
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 90-39 (R) with Special Permits/Coastal Development Permit
No. 90-30(R)/Tentative Tract Map No. 14352 (R) shall not become effective until the ten
day appeal period has elapsed.
2. Conditional Use Permit No. 90-39 (R) with Special Permits/Coastal Development Permit
No. 90-30(R)/Tentative Tract Map No. 14352 (R)-shall become null and void unless
exercised within one year of the date of final approval or such extension of time as may
granted by the Director pursuant to a written request submitted to the Department of
Community Development a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-39
(R) with Special Permits/Coastal Development Permit No. 90-30(R)/Tentative Tract Map
No. 14352 (R), pursuant to a public hearing for revocation, if any violation of these
conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code
occurs...
4. All applicable Public Works fees shall be paid. The developer will be responsible for the
payment of any additional fees adopted in the "upcoming' Water Division Financial Master
Plan. (PW )
5. Traffic Impact Fees shall be paid.prior to final. inspection or. issuance. of. a. Certificate of
. Occupancy. (PW )
6. An encroachment permit shall be required for all work within -the-right-.of-way. (PW )
7. A Certificate of Occupancy must be issued by the Department of Community Development
prior to occupying the building.
R. Park and Recreation fees shall be paid prior to approval of the final map by the City.
9. State -mandated school impact fees in an amount negotiated with the appropriate school
districts shall be paid prior to issuance of building permits.
10. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
11. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Department of Community
Development.
3o
-18-
12. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Deteimination at the County of Orange Clerk's Office. The check shall be made out
to the County of Orange and submitted to the Department of Community Development
within two (2) days of the Planning Commission's action.
CONDITIONS OF APPROVAL - TENTATIVE MAP NO. 14352 (R):
1. The tentative map received and dated January 27, 1997, shall be the approved layout.
2. Prior to submittal of the final map for approval by the City Council, the following shall
be required:
a. An Affordable Housing Agreement Plan shall be submitted for review and approval
by the Department of Community Development. The plan may allow the
Redevelopment Agency to meet the requirement to provide for a minimum 15
percent of the housing units (7 units total) as affordable either on -site or at an off -site
location. The Redevelopment Agency may elect to rehabilitate off -site units in the
Oakview Redevelopment Project Area. A minimum of 40% of the 7 affordable units
(minimum of 3 units) shall be affordable to families of very low income for a period
of thirty years through recorded. covenants. The remaining 4 units shall -be affordable
to families of low and moderate income level (average 80% of Orange County
median) for a period of thirty years. Said plan shall be executed prior to issuance of
the first building permit for the.tract. The affordable units shall be completely
frehabilitated, and available to the public, .prior. tofinal -building permit.approval
(occupancy) of the first home in Plaza Almeria.
b. At least 60 days before City Council action on the final map, CC&Rs shall be submitted
to the Department of Community Development and approved by the City Attorney. The
CC&Rs shall reflect the Parking Management Plan and maintenance of all walls and
common landscape areas by the Homeowners' Association. In addition, the CC&R's
should include a disclosure regarding the mixed use nature of the project and this
information shall be available in the sales office and advertising literature. All potential
residents should be required to sign a waiver or disclosure form that it is understood that
Plaza Almeria is a mixed use project and that uses such as, restaurant, live entertainment,
and alcohol sales, etc. may be established on the ground floor of the building. The
CC&Rs must be in recordable form prior to recordation of the map.
c. The residential parking spaces within the secured parking garage shall be divided by the
condo plan so that each of the 45 residential units is assigned and purchases two of the
parking spaces with the purchase of the townhome.
d. The storage units provided within the residential parking garage shall be divided by the
condo plan so that each of the 45 residential units is assigned and purchases at least one
of the minimum 100 cubic feet of storage space with the purchase of the townhome.
31
-19-
s
3. The following conditions shall be completed prior to recordation of the final map unless
other%viSe stated. Bonding may be substituted for construction in accordance with the
provisions of the Subdivision Map Act. (PNV
a. All vehicular access rights to Main Street, 5th Street, Olive Avenue, and Orange
Avenue shall be released and relinquished to the City of Huntington Beach except at
locations approved by the Planning Commission.
b. The engineer or surveyor -preparing the final map, shall tie the boundary of the map
into the Horizontal Control System established by the County Surveyor in -a manner
described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18.
c. The engineer or surveyor preparing the final map shall submit to the -County
Surveyor a digital -graphics file of said map in a manner- described in Sections 7-9-
330 and 7-9-337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18.
d. The developer shall dedicate the following for street purposes:
1) Two and one half (2 1/2) feet off of Orange Avenue.
2) Four (4) feet off of Main Street.
3) The storm drain system and appurtenances. within the -public streets.
r
e. The following shall be -dedicated to the.City, of.Huntington Beach:
1) The water system and appurtenances within the public streets.
2) The sewer system and appurtenances within the public streets.
3) The storm drain system and appurtenances within the public streets.
f. The existing alley, between Olive and Orange Avenues, shall be vacated on the Final
Map.
g. The condominium plan shall be subject to review and approval of the Community
Development Director and the Public Works Director. The condominium plan shall
include a minimum of two (2) assigned parking spaces and one (1) minimum 100
cubic feet of assigned storage space for each of the 45 residential units. A copy of
the final condo plan shall be submitted to the Department of Community
Development for inclusion in the file.
4. The following conditions shall be completed prior to issuance of building permits unless
otherwise stated.
a. Final design elevation of grading shall not vary from elevations shown on the
tentative map by more that one (1) foot unless approved by the City Engineer.
32,
-20-
b. The final map shall be accepted and recorded.
c. All common area improvements shall be completed by the developer.
d. Signing, striping and street lighting shall be designed and constructed in accordance
with Public Works Standards.
e. Drainage flows from adjacent properties.shall not.. be. obstructed. -Flows -shall be
accommodated per Public: Works Standards.
f. On -site drainage shall.not be directed to. adjacent properties, but shall be handled by
a Public Works approved method.
(G:MADERAMURD:FMCOND)
.33
_21-
Plaza Almeria
April 7, 1997
Page Two
BINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 90-39 (R):
6. Any future redesign of the project which reduces .the total number of approved residential
units and/or reduces the overall approved building height shall -be compatiblewith the
surrounding use and consistent with the Spanish Village/Mediterranean theme of the project.
Any future reduction of approved residential units and/or overall building height shall be
subject to review and approval by the Design Review Board only. The review of the project
shall be to ensure a design consistent with the approved architectural theme for the project.
In addition, although the Planning_ Commission includedfindings for the six (6) special permits
(as requested by the applicant and modified by staff) in their approval action on February 25,
1997, no written findings for approval were provided at that time. In order to complete the
record for the project, staff suggests the City Council include the attached findings for approval
of special permits. See attached findings.
9r6-447-1P98 3:02PM
' Y i'i+
nor ,
FROM 714 89SG321
P. 2
n b
MM T N CONSEIV'T OF THE ME•Nj�ER6
J/T DmIpor>netrt Comoamy, LLC
The undersigned, being all of the Membas of J/T Development Company, LLC, a California.
limited liability company (the "Company"), hereby adopt; by unanimous written consent. the
following resolutions, effective as of the 25th day of September, 1997.
WHEREAS, the Company has entered into an Amended and Restated Disposition and
Development Agreement dated December 16, 1996 (the "DDA") with the IR'b&,velopment Agency
of the City of Huntington Beacha public body, corporate and politic (the "Agency") ;for the purpose
of effectuating the Redevelopment Plan for the Main -Pier Redevelopment Project; and
WHIMEAS, the Company seeks to proceed with acquisition of that certain property in the
City of Huntington O each, California, as ra a fully dcscribod in he DDA (the "Property"), pursuant
to the terms of the DDA;
WHEREAS, the Company, upon obtaining title to the Property, seeks to develop the Property
as a mixed use project pursuant to the terms of the DDA;
WHEREAS, the Company seeks to obtain that certain Const vction Loan, in the approximate
amount of Fourteen Million Eight Hundred Six Thousand Dollars ($14,806,000,00) (the "Loan"),
floor the Imperial Bank, located at 701 B Street, 61h Floor, San Diego, California 92101 (the
"Lender"), to be used to develop and improve the Property;
WHEREAS, said Loan will bear an interest rats of one percent (10/,) in excess of the
Lender's prime rate with a floor of one percent (1%) below the intermst rate in effect on the closing
date; have a maturity date of eighteen calendar months from the closing date with one possible six
(6) month extension .in maturity upon payment of an extension fee of three -fourths of one percent
(3/4%) of the Loan amount; be individually guaranteed by John Tillotson and John Tsai; and have
a loan origination fee of 1.5% of the loan amount but not in excess of $229,215.00.
WHEREAS, as a condition to make the Loan, the Lender will require the Company to
execute documents evidencing and securing the Loan including, without limitation, a Loan
Agreement, Promissory Note(s), Decd(s) of Trust, Security Agreement(s), Assignments) of Rents
and Contracts, Indemnity Agreement, Financing Statements, and other like documents encumbering
the Property and the Company's rights, interest and assets (collectively, the "Loan Documents");
WHEREAS, in connection with the development of the Property, the Company intends to
establish a residential condominium element and possibly a commereW condoran.inium element
together with one or more homeowners associations, and in connection therewith, Company will be
required to execute Declaration(s) of Covenants, Conditions and Restrictions, Declarations of
Annexation, specimen deeds, Deparanent of Real Estate filings, and other implementing
;6w.2 001063.Wol 4l25,47 - 10:30 xm
.� 9-.24-1993 3 : 03PM FROM 714 8956321
sir. 25" 1'�J % JJC•it.l' W di Nr 1:11' r. 7
doeurnantation (the "Condcaiinium Documents"',
WHEREAS, the members of the Company have further determined that it is in the best
interests of the Company to proceed with acquisition of tbo Property, accept the Loan, and execute
and deliver the Loan Documents and Condominium Documents;
NOW THEREFORE, BE TT RESOLVED the members of the Company hereby authorize
and direct John Tillotson to execute and deliver, on beha-f of the Company and as Operating
Manager of the Company, any and all agreements or other necessary or desirable documents in
connection with the acquisition and development of the Property, including, without limitation, the
Loan Documents -and Condominium Documents, or to othemise do all things accessary or desirable
in connection with the acquisition and development of the Property; and it is
RESOLVED FURTHER that the members of the Corapany hmby authorize and direct the
Operating Manager to erecate and deliver to Agency, the cuirent Owner of fee title to the Property,
any and all agreements or other necessary or desirable domments in connection with acquisition of
title to the Property, including deeds-, escrow instructions, title instructions, reconveyance
doct n, rots. and any other like documents; and to otherwise do all thizxgs necessary or desirable in
connection pith the sate; and it is
RESOLVED FURTHER, that any and all acts taken by the Operating Manager on behalf of
the Company in its capacity as Operating Manager of the Company, which acts were in connection
with the acquisition of the Property, or the negotiation of'the Loam or the execution of the Loan
Documents or Condominium Documents and were performed prior to the date hereof by the
Operating Manager are hereby approved and ratified.
This Consent is effective as of September 25, 1997.
MEMBERS;
i:6022 001004001 P%25/9i . 10:50am 2
P. 3
• 0
RETURNED RCA
AGENDA DATE
October 5, 1998
DEPARTMENT
I Public Works
DESCRIPTION:
Landscape Agreement - Plaza Almaria
Your Request for Council Action is being returned for the following reason
The SUBJECT does not begin with a verb, e.g. "approve", "deny" "authorize",
"accept", "allow" indicating the type of action requested:
STATEMENT OF ISSUE should be worded as a question and limited to one or two
sentences.. See Agenda Process Manual Chapter
A Financial Impact Statement (FIS) is needed
The RECOMMENDED ACTION should in the form of a "Motion" and include a verb
_ indicating the type of action requested_
The ANALYSIS should include additional information (See Below)*
_
One or more attachments are missing (See Below)*
[l_
_ _
Attachment page/s are needed before the attachments_
An exhibit callef for in an attachment is missing (See Below)* A
An exhibit is not marked as such or preceded by an exhibit page (See Below)*
[�
The Contract/Agreement has not been signed by the department head
The Contract/Agreement has not been signed by the outside party ;
The Contract/Agreement has not been signed in full by the City Attorney
The Contract/Agreement is missing Certificates of Insurance which have been
_ aoprov_ed by the Pit y_Attorney
Signature/s needed (See Below)*
There is a error in the text (See Below)*
I. *
2. *
9/24/98
11.41 AM
RCA ROUTING SHEET
INITIATING
Public Works Department
DEPARTMENT:
01
SUBJECT:
Adopt Landscape License Agreement,
Conditional Use Permit No. 90-39R (Plaza
Almaria and Tentative Tract Map 14352(R)
COUNCIL MEETING DATE:
October 8, 1998
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in fuJ by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
EXPLANATION FOR RETURN OF ITEM.