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HomeMy WebLinkAboutPLC - 1999-04-19 . , zoeo ek N pc i7j?n r r)G Council/Agency Meeting Held: 7op red/Continued to: proved ❑ Conditionally Approved ❑ Denied F�Ury t C rk's Signature Council Meeting Date: April 19, 1999 Department ID Number: CD 99-27 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ; —"� SUBMITTED BY: RAY SILVER, City Administratesrr' PREPARED BY: HOWARD_ZELEFSKY, Plannning Director SUBJECT: Approve Consent For Pending Sale of Tentative Tract Nd. t&T28 the Holly Seacliff Development Agreement Area Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(, Statement of Issue: Transmitted for your consideration is a request by PLC for the City Council to provide consent to the pending sale of Tentative Tract No. 15728, the residential project St. Augustine II, (a 70 single family unit project at Garfield and Peninsula) to St. Augustine II, LLC. The project is subject to the Holly Seacliff Development Agreement. Section 4.2 of the Development Agreement requires the City to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the Developer and if all public improvements have not been completed. Staff has performed due diligence regarding the pending sale of this property and recommends that the City Council provide consent to the sale of the property to St. Augustine 11, LLC. Fundlnq Source: Not applicable. Recommended Action: Motion to: 1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of the property known as Tentative Tract No. 15728 to St. Augustine II, LLC; and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations and to record same with the County Recorder." �f � T *QUEST FOR COUNCIL ACAN MEETING DATE: April 19, 1999 DEPARTMENT ID NUMBER: CD 99-27 Alternative Action: The City Council may make the following alternative motion: "Continue the request for consent for the pending sale of the property known as Tentative Tract No. 15728 in the Holly Seacliff Development Agreement area and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: PLC Location: Approximately 15.6 acres located at the southeast corner of Garfield and Peninsula B. BACKGROUND: On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement for the properties owned by Pacific Coast Homes and other Chevron Land and Development Company subsidiaries in the Holly Seacliff area. The Development Agreement requires the Developer to provide numerous public improvements. To date, the Developer is in compliance with the terms of the Development Agreement as determined by the annual compliance reports reviewed by the Planning Commission and the City Council. The most recent report, for 1998, was approved by the Planning Commission on January 26, 1999 and the City Council on February 16, 1999. On May 6, 1996 the City Council approved the consent for the pending sale of approximately 383 acres of property governed by the Development Agreement to PLC. The subject property was included in the 383 acre total. C. STAFF ANALYSIS AND RECOMMENDATION: PLC has entered into a purchase and sale agreement with St. Augustine II, LLC for the sale of Tentative Tract No. 15728 (Attachment No. 2). The property is located in the Holly Seacliff Development Agreement area. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, the City Council must provide consent prior to the sale or transfer of properties to buyers not affiliated with the Developer. CD99-27 -2- 04/08/99 2:49 PM *QUEST FOR COUNCIL ACAN MEETING DATE: April 19, 1999 DEPARTMENT ID NUMBER: CD 99-27 The subject property is currently vacant. The buyer proposes a project consisting of 70 detached single family units. The tentative map and conditional use permit were approved by the Planning Commission on November 24, 1998. The letter from PLC indicates that PLC will generally retain responsibility for the obligations of the Development Agreement. The buyer would be responsible for items such as undergrounding utilities at time of development, payment of certain fees and maintenance of perimeter landscaping. The Fire Department does not have any concerns regarding sale of the property; PLC will retain the obligation of Paramedic reimbursements and Fire Station construction costs. The annual paramedic payment has been paid in full. The City Attorney has determined that all of the obligations of the development agreement run with the land covered by the development agreement. The City Attorney has prepared a Certificate of Consent Agreement (Attachment No. 4) which has been signed by the seller, the buyer; the Certificate will be signed by the City if the consent request is approved. The Certificate includes a recommended condition of sale that requires that PLC enter into an implementation agreement regarding the infrastructure items. This condition was developed specifically with respect to performance on the water reservoir, for which PLC has posted a bond. Staff recommends that the City Council provide consent to the sale of the subject property and authorize the Mayor and City Clerk to execute the Certificate of Consent. Environmental Status: The Holly Seacliff Development Agreement No. 90-1 is covered by Final Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. No additional environmental review is necessary. Staff has prepared a mitigation measure compliance matrix for Final Environmental Impact Report No. 89-1 which requires the Developer to complete necessary studies and complete the requirements of the studies prior to development. Attachmeri ff City Clerk's Page Number 1. Vicinity Map 2. Letter from PLC dated January 25, 1999 3. Tentative Tract No. 15728 Conditions of Approval 4. Certificate of Consent Agreement for St. Augustine 11, LLC (g:Vcaforms1cd99-27) CC99-27 -3- 04/08/99 2:49 PM • . ---='}I�- -4_ i .-_!' -7.- -R� f� 1.-'.: �` - i _ �I - 5:.II .'+::fv .:1 - - - ...!. -.-... - _-_ - li..- _!:I -..._:-'4 �S-- '.'.'�.. - �� y...- it . i - -.i _ _ _ - ,j�y� -.-. .p I -. �- � =f A s� � - --•i —1 -1- - -- I _ - - - - - -- _ ;f.� - - � - Y 1- -- - �x .... .::- ' � r ��Y.�9 '�Iir�-3"'S�Is '�*-r��_=�•an�x�tl«��.� ��v � �, ��r Nlki EDWA ZDS TRACT 1002 SCW0L WE SADDLEBACK STREI T LAN i "s._.._...-..t------_ .._•-1 •. - — _.._ - - -. ' .. -.,,..., - fMrju4, WrQRvarioW GARFiEL _AVENUE .. - .......,:: v..r.. z - ... �.. ar rrw. .•4�y F+ .ral�—. . W 1 !- • ayrarr'ai•warar.wr�arrrt� . 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In accordance .with Section 4.2 of Development Agreement No. 90-1,we are formally requesting the City's consent to this sale. Similar to other approved sales of development agreement properties, PLC will retain the obligations for installation of offsite utilities to serve this property in accordance with the development agreement. In addition, this property will be eligible to utilize PLC's credits for park dedication, traffic impact fees and water capital facilities fees payable at the time of development, subject to PLC's approval. I have attached an information form including a legal description of the property to be sold and pertinent entitlement information. Also attached is an exhibit clarifying development agreement rights, duties and obligations between PLC and St. Augustine II, L.L.G. for attachment to the Certificate of Consent to be prepared by the City Attorney's Office. Please let me know if there is any other information you need. We would like to have this scheduled for consideration by the City Council concurrent with the approval of Final Map No. 15728, at the March 1, 1999 meeting, if possible. Very truly yours, William D. Holman Planning& Government Relations Encl. Information Form and Legal Description cc: Mary Beth Broeren Paul D'Alessandro Graham Jones PLC Land Company 23 Corporate Fiam suite 250 949.721.9n7 Telephone Newport Beach,Caiifomia 92660 949.729. 1214 facsimile Recorded in the County of Orange, California Recording requested by, and Gary!! L..++++IGIIIIIralnvirrllIlIllIe,IIII clerk/Recorder when recorded, mail to: Ill��jlllillll�lll�lll�lllf f�111II,Il�llllifll��llllllllll��Ifl�� NO Fee ; City of Huntington Beach 19990408259 4:05pm 06/02/99 g ! 005 15016307 15 13 2000 Main Street C34 12 6.00 33.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 ' Attn: City Clerk �i 1.2- :P CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND G THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, ST. AUGUSTINE II, L.L.C., AND PLC WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement)by and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast Homes, a California corporation, and Garfield Partners, a California corporation, was recorded in the official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership (hereinafter, `Developer"), and a portion to MS Vickers II, L.L.C., a Delaware limited liability company along with an assignment of the rights, duties and obligations under the Agreement; and Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits "A-I" and "A-2,"respectively, to St. Augustine II, L.L.C., hereinafter referred to as the "Buyer"; and The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein, Developer may sell, assign or transfer the Property in whole or in part with the consent of the City, such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or,transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as such rights, duties and obligations are applicable to the-property or portion thereof purchased, assigned or transferred; and un `!fit-!cem -do�+emmer�t Agency This document In solely for the 41s:4-99Agree:StAu ITY OF UNTINGTON BEACH 1 official business at the City RL.S 99 185 8 rockti�ray City Cle of Huntington Beach. as aontern- 04;06199 plated under Government Code Sec. 6103 and should be recorded BY: Ity le free of charge. -- t i The City is willing to consent to the sale of the Property and to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, and Buyer wishes to memorialize their acknowledgment of all their respective rights duties and obligations they shall assume upon the sale of the Property and assignment of the Agreement; NOW, THEREFORE, the City, Developer and Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF PROEPRTY The City hereby consents to the sale of the Property to Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, subject to the terms and conditions set forth herein. 3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred. 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this reference as though fully set forth herein are the following exhibits: A-1: Legal Description of the Property A-2: Sketch of the Property B. Clarification of Development Agreement Rights and Duties 5. RELEASE OF DEVELOPER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by Buyer as provided above, Developer shall have no further obligations with respect to the Property arising out of any acts, omissions, or events occurring subsequent to the effective date of the transfer, except for those specific obligations retained by Developer as identified in Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS The consent hereby given is expressly conditioned upon the items stated above, and the completion of all of the following items: 2 41sA-99Agree:StAug2 RLs 99-185 04/06/99 a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B shall continue to be the responsibility of PLC; and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996; and C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and d. PLC shall enter into an implementation agreement with the City that provides a schedule for the construction of the infrastructure referred to hereinabove. IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. BUYER: CITY OF HUNTINGTON BEACH, a ST AUGUSTINE II, L.L.C., Ca is mu ipal corporation a California limited liability company By: Mayor , Name: ATTEST: (print or type) Its: (circle one)Chairman of the Board,President, Any Vice President City Clerk AND APPROVED AS TO FORM I : By: Name: , C'tt Attorney 41131f� (print or type) y-�2A f w/- �" , �1 Its: (circle one)Secretary, any Assistant Secretary, INITIATED AND APPROVED: Q }i`(�•� Chief Financial Officer,Any Assistant Treasurer 1) P ing Dir ctor 3 4:s A-99Agree:StAug2 MIS 99-1 BS 04!06.199 PLC,a California General Partnership By: PLC Holdings, a California general partnership (general partner of PLC) By: Paclaco,Inc., a Califo is corporation its general r Name: 6MA" (type or prt t) Its:(circle one)Chairma d/ Presidentl ny Vice Presiden AND I By C� 4 r 1J x— Name: NJ;bLJACk � t) Its: (circle�e) y Assistant Secreta Officer/ Any Assistant Treasurer BY: T/L HUNTINGTON BEACH LLC, a Delaware limited liability company, its general partner By: BRAMALEA CALIFORNIA, LLC, a California limited liability company By: LENNAR HO S OF CALIFORNIA, INC. a California c o ation, manager By: Name (type or print) Its(circle one)Chair e- rd/ Preside t/ ice esident , By. Name: Tf J ram✓ � G-f (type or print) Its(circle one)Secretary/Any Chief Financial Officer/Any Assis an reasurer 4 4!5A-99Agr=StAug2 RLS 99-195 04'06!99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t State of C-A County of On before me, C i � rina- o u C. ,r t)a n Name and Title of Officer(e.g.." ne Doe.Notary Publi t personally appeared /� -�-- Nama;s1 of Signer(s) 5personally known tome- to be the persoro whose nam are ubscribed to the within instrument i and acknowledge to me that a executed the same i eir uthorized capacit Kes ,and that by their ignaturel s on the instrument the persor(m or the entity upon behalf of which the persoro acted, executed the instrument. ELtZAB_H EHRING Comm'isron# 1150021 WITNESS my hand and official seal. NO,Qry PUD5C-CQt*110Mb r Orange County QmyCcm-n.5q*m AuB29,2001 Signature of Notary Pub6 OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent t' fraudulent removal and reattachment of this form to another document. I t:. Description of Attached Docurrtlent Title or Type of Document: 1� ! Document Date: R Number of Pages: r" .3't• Ar•y u sty n.a.. n.�o . 'A c F�o, Signer(s) Other Than Named Above: cvrYo(_ 2)/rol 5 T u.F►4,.�.- rg s s ��t`R-+• sue . Y.P. Capacity(ies) Claimed by Signer(s) Signer's Name: A-i4e-of GYeeYJ Signer's Name: C'4->'3� I ❑ Individual ❑ Individual ! 16 L* Corporate Officer I R Corporate Officer TitleA: /�r,u 011 I Title(sy: ❑ Partner— Limi d General ❑ Partner--= Limited = General ❑I Attorney-in-Fact I ❑ Attorney-in-Fact ; = Trustee ❑ Trustee _ Guardian or Conservator ❑ Guardian or Conservator '.J Other: 00 of thumb he,e ❑ Other: Top i th�^1b^ere Signer Is Representing: Signer Is Representing: 1 1 i 0 1995 National Notary Association•8236 Remmet Ave-,P 0.Bc■7184•Canop Park,CA 91309-7.84 Proc No 5907 Reo•ze•-Cali To I-Free 1-81DD-876-6827 BUYER: ST. AUGUSTINE II, LLC, a Delaware limited liability company By: PLC Homes, LLC a Delaware limited liability company Its: Administrator and Authorized Signatory By:--- L' Name: C'V' er 0:,. — (print or type) Its:(circle one)Chairman of the Boar , President Any Vice Presiden By. Name: C r1Q1&- k4k is (print or type) ec� ,any Assistant Secretary, Chief Financial Officer, ny Assistant Treasurer 3a STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On Am;1 &9 1999, before me, personally appeared QRnhW,'yii an _ 1 ,7�H�2 �-C7[ � personally known to me (of. pFeved eyi to be the person(s) whose name (s) tisfare subscribed to the within instrument and acknowledged to me that bets relthey executed the same in hWh rltheir authorized capacity(ies), and that by h1a4zerltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MA.2THA J.DICKPY Commission# 1147120 z r.�s ftiOtCry Puo;'C California Orange County MY Co^n'n.=xaires_ul:$,2001 Si ure of otary Publi California All-Purpose Acknowledgment State of California ) ) ss County of Orange ) On Anril 29, 1999 before me, Dee Baker, Notary Public, personally appeared Jonathan A Jaffe and Stephen I Wolpin _ personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. DEE BAKER Colton#1OMI Notary Pubnc—Cd6toMk3 orange My Comm.EmtwEre�Apt 19,2UOQ Dee Baker,Notary Public Description of Attached Document Title or Type of Document: Certificate of Consent to the Sale_dPronerty and TIje � sunl. . of Rights, Duties and Obligations By and BetweenMe City of Huntington Beach , St. Augustine II, LLC, and PLC Document Date: Number of Pages: Signer(s) Other Than Named Above: r EXHIBIT' "A-1" ` REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: January 25, 1999 Property Location: South of Garfield Avenue, east of Peninsula Lane Property Address: No current address Assessor's Parcel No(s).: por. 159-432-05 Legal Description: Lots 1-71 and Lettered'Lots B thru K and AA thru II of Tract 15728 Acreage: 15.56 acres Current Owner. Name: PLC Address: 23 Corporate Plaza Drive, Suite 250 City/ST/Zip: Newport Beach, CA 92660 Telephone: (714) 721-9777 Contact: Bill Holman Assignee/Buyer Name: St.Augustine 11, LLC Address: 23 Corporate Plaza Drive, Suite 250 City/ST/Zip: Newport Beach, CA 92660 Telephone: (714) 721-9777 Contact: Chris Gibbs Existing Use of Property: Vacant Residential Intended Use of Property: 70 single family homes Existing Entitlements/Permits: Approval Date. Environmental Impact Report No. 89-1 January 8, 1990 General Plan Amendment No. 97-2 July 6, 1998 Development Agreement No. 90-1 November 5, 1990 Holly Seacliff Specific Plan (SP 9) A rif 20, 1992 Zoning Text Amendment No. 97-1 July 6, 1998 Local Coastal Program Amendment No. 97-1 July 6, 1998 Tentative Tract Map No. 15728 . November 24, 1998 Conditional Use Permit No. 98-52 November 24, 1998 Attachments: Exhibit B for attachment to Certificate of Consent EDWA DS TRACT 14802 SCHOOL Srrf.. SADDLEBACK STREI T LANE . Qrn L rwroRMAll4t! _. __._ ...-••- __ . �.._ _ - GARFIELD_- -. _ -.AVENUE-. it Z �'--" - ea s, ss s6 s7 sa ev so 6, 6= as 6a b5 M a sa w m $AD�LEBACK - so,•r� C� cD cs� �� c c c c� a� CED C.a c� c7 CD Gs7 C� �). d AME rww...... um v au.v ara v an" uav af. v uff v. {rva C sfa[[r} ...—o w..... a 52 ED - �.z x,Q a iauu zu¢ Q 'a' " Q } e :.w.�...�.-...�,....... nZw {.• °i i s[fd.uc wits ` u f v ra Y _ _._ t LEGM <E> C7 is 2 g B S TTL4CT 15355 . . '� as ,s ,i �] 7 � ,..,,...�.�.... ...,. • if c 49ur s! ur a,ff u feu uff v vv u ufs u •'j I ,a ®RECKAoil 0 34 � a T1J7TJTT. _1 41� 'a a 'Ek bd -a V u MIS 4#V _ \' `• � � ����—�� H C-a �� CID CID C-D � C`.O Q Cr.P @ �D PARK t r� www— 'r r .{ lS M 43 a2 al ad L Sd 37 L SS =a f'-'.' wow $ _ IT D Eyy `y4 LEGAL GESCR=PTfON N ••— -r.. - w..��,�.,,,.�• .....-� -.y r..�= - / _ MF.9PM9IiATI4}I_BY R-EERENCE — TRACf 1508E 0 `'�� s:ro.:..nwrr. "O�•�ia:a.r:w Zr SAKP-ML WHILAR'{ Z TRACT 147M WT r'a mn ,amv9 ,m.a . f F�r - _ Nil �aa• �q — � � fl•N by fe �� - -_ � `•\ �r r,K Uf V l f r {( a11i J a ST/y 4Mf:B DEVELOPER ti " ,.} — TCHTAt]vE�gSGr t+a._is77E r .. . s „ y " IR:f-SEACM fffCm!■ amaae _. n/Vbc m b-i GREENBRIAR Sam 11 — COwSTRGCTIOw NOTES: PLANNING UNIT IA-3 TENTATIVE MAP TENTATIVE TRACT NO. 15728 CRY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA EXHIBIT"B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS, DUTIES & OBLIGATIONS BETWEEN PLC (SELLER) AND ST. AUGliSTI\E II, L.L.C. (BUYER) FOR ST. AUGUSTINE II RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1: Linear Park. Seller will be responsible for all park dedications required by the Agreement. In lieu of paying park and recreation fees to the City, Buyer will provide a letter from Seller assigning 1.20 acres of park dedication credits to Buyer. Section 2.2.2, Neighborhood Parks. Seller will retain all obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3, Public Right of Way and Private Streetscape Improvements. Seller will retain all obligations for arterial right of way and streetscape improvements as required by the Agreement. Buyer will assume responsibility for maintenance of perimeter landscape improvements. Section 2.2.4;_Traffic and Circulation Improvements, Seller will retain all obligations, with the following clarifications: 2.2.4 ; Seller will retain all traffic impact fee credits for Developer improvements. In lieu of paying traffic impact fees to City, Buyer will provide a letter from Seller assigning$100,500.00 in traffic impact fee credits to Buyer. 2.2.4(g); Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property. 2.2.4(h) and (j); Seller will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement, unless modified by subsequent agreement with the City. Section 2.2.5, Water, Sewer, Drainage and Utility Improvements, Seller will retain all obligations,with the following clarifications: 2.2.5(g): Seller will retain all credits and reimbursements for sewer, drainage, utility and water improvements due under this section of the Agreement unless modified by subsequent agreement with the City. 2.2.5(h): Seller will retain all obligations, credits and reimbursements for water system improvements due under this section of the Agreement unless modified by subsequent agreement with the City. In lieu of paying water capital facilities fees to the City, Buyer will pay Seller S170,400.00 for offsite water facilities to serve the Property. Section 2.2.6; Fire and Emergency Medical, Seller will retain all obligations, with the following clarification: 2.2.6(b),• Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. Section 2.2.7 Police, Seiler will retain all obligations, with the following clarification: 2.2.7(a). Seller will retain alI-obligations, credits and reimbursements due under this section of the Agreement sinless modified by subsequent agreement with the City. Section 2.2.8; School Facilities. Seller will retain the obligation for designation of a public elementary school site. Buyer will be responsible for payment of school impact fees associated with development of the Property. Section 2.2.9: Other Development Controls 2.2.9(a):Not applicable to Property. 2.2.9(b): The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. g Seller will retain the obligation to provide affordable housing(I 1 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties, dated February 28, 1994, or as such plan may be amended from time to time. Section 2.2.10: Fees, with the following clarifications: 2.2.10(a). (b). (c), (f), (g), M and (i); Buyer will be liable for.payment of any development fees applicable to the development of the Property, not already paid or mitigated by Seller. 2.2.10(d): Buyer will be liable for payment of any Police/Fire operating fee if such fee is adopted by the City and applicable to the development of the Property. To the extent Seller may have credits under Sections 2.2.6(b)and 2.2.7(a), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10 e : Buyer will be liable for the payment of water service fees and water capital facilities fees applicable to the development of the Property. To the extent Seller may have credits or be eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.1ON: Traffic Impact Fees, refer to 2.2.4(f)above. ,J r • ��p APR > 1999 CITY OF HUNTINGTON BEACH' Iftw INTERDEPARTMENTAL COMMUNICATION HUNTINGTON BEACH Date April26, 1999 TO. Howard Zelefsky, Planning Director �'. --Rk(M: Connie Brockway, City Clerk SUBJECT: Consent For Pending Sale Tract 15728 — St. Augustine, Holly-Seacliff Development Agreement Please return this original document Certificate of Consent To the Sale Of Property And The Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington Beach, St. Augustine II, L.L.C., and PLC to PLC to have their signatures acknowledged before a notary. When their signatures have been acknowledge before a notary the City Clerk's Office will be able to record. �/ � G� t 9&- Attachment 99cbmcmo-.Tr15?28 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 20, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Subject: Consent for Pending Sale Tract 15728-- St. Augustine II, LLC., PLC Enclosed please find a Certificate Of Consent To The Sale Of Property And The Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington Beach, and St. Augustine il, L.L.C., and PLC 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 Consent To Sale when recorded and return to this office in the enclosed self-addressed stamped envelope. dj�r� 44eiu� Connie Brockway, CIVIC City Clerk Enclosures g:Ifollowupldeedltr:St. Augustine Il, LLC., and PLC. i Telephone:714.636.5227) Recording requested by, and when recorded, mail to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS,DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, ST. AUGUSTINE II, L.L.C., AND PLC WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement) by and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast Homes, a California corporation, and Garfield Partners, a California corporation, was recorded in the official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership (hereinafter, `Developer"), and a portion to MS Vickers II, L.L.C., a Delaware limited liability company along with an assignment of the rights, duties and obligations under the Agreement; and Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits "A-1" and "A-2,"respectively, to St. Augustine II, L.L.C., hereinafter referred to as the "Buyer"; and The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein, Developer may sell, assign or transfer the Property in whole or in part with the consent of the City, such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as such rights, duties and obligations are applicable to the property or portion thereof purchased, assigned or transferred; and Tax Exampt-GovemmsM Agency 1 This document is solely for the 4/s:4-99Agree:StAugPlTY OF HUNTINGTON BEACH official business of the City _ RLS 99.195 =rockway.City Cle of Huntington Beach, as contem- plated under Government Code 04106i99 Sec. Bi 03 and should be recorded free of Charge uty City C e . -- The City is willing to consent to the sale of the Property and to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, and Buyer wishes to memorialize their acknowledgment of all their respective rights duties and obligations they shall assume upon the sale of the Property and assignment of the Agreement; NOW,THEREFORE,the City, Developer and Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF PROEPRTY The City hereby consents to the sale of the Property to Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, subject to the terms and conditions set forth herein. I ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred. 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this reference as though fully set forth herein are the following exhibits: A-L Legal Description of the Property A-2-. Sketch of the Property B. Clarification of Development Agreement Rights and Duties 5. RELEASE OF DEVELOPER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by Buyer as provided above,Developer shall have no further obligations with respect to the Property arising out of any acts, omissions, or events occurring subsequent to the effective date of the transfer, except for those specific obligations retained by Developer as identified in Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS The consent hereby given is expressly conditioned upon the items stated above, and the completion of all of the following items: 2 41sA-99Agree:StAug2 RLS 99-185 04'06/99 a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B shall continue to be the responsibility of PLC; and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996; and C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and d. PLC shall enter into an implementation agreement with the City that provides a schedule for the construction of the infrastructure referred to hereinabove. IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. BUYER: CITY OF HUNTINGTON BEACH, a ST AUGUSTME 11, L.L.C., Ca ism ipal corporation a California limited liability company �� By: Mayor Name: ATTEST: (print or type) I Its: (circle one)Chairman of the Board,President, .tom Any Vice President City Clerk AND APPROVED AS TO FORM: By: A:� 4�=� Name: g� CityAttorney (print or type) yy-�>-�rq �1 Its: circle one Secret T y( � ) Secretary, any Assistant Secretary, II`ITIATED AND APPROVED: Chief Financial Officer,Any Assistant Treasurer I I dXf Of 0e,A da 44.11%Wne I t� jOkmin'g Dir ctor 3 4/sA-99Agr=SEAuS2 — R!S 99-195 04/06/99 PLC,a California General Partnership By: PLC Holdings, a California general partnership (general partner of PLC) By: Paclaco, Inc., a California corporation its general r Name: GrtisA�t (type or pri t) Its: (circle one)Chairnna d/ President/tny Vice Presiden AND JJ By t' 4{nIt. Name: ChA;�ic LQ85 r) Its: (circle e)Secretary/A y Assistant Secreta� a!Officer{ Any Assistant Treasurer BY: TIL HUNTINGTON BEACH LLC, a Delaware Iimited liability company, its general partner By: BRAMALEA CALIFORNIA, LLC, a California limited liability company By: LENNAR HO S OF CALIFORNIA, INC. a California c o ation, manager By: Name �'-u'I"L glak— (type or print) Its(circle one)Cha' rd/ Preside t/ ice esident By. Name: h/ J • fA,1 (type or print) Its(circle one)Secretary/Any Chief Financial Officer/Any Assis n reasurer 4 44:4-99Agree:StAug2 RLS 99-185 04/0&99 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rcc e=rcrc e cl ce cecrCe' c c e c c e e=ee c fir— — — — - - - State of CA County of On 'ZQ before me, 4:z"0_74 hl= a_ Z� Da 1� Name anC Tit'e o!Otf cer(e-g-.'ane Doe.Notary Puh4 personally appeared /` Name(s)of S,yner(3) � r impersonally known to me—OR _ to be the persorl®s whose nam �(3r ubscribed to the within instrumentand acknowl that a executed the same i eir uthorized capac 715GRII, and that by their ignature sDon the instrument the person{sue, or the entity upon behalf of which the persoroacted, executed the instrument. E' 7AB;'—h EHRIN'G is 1150021 Z WITNESS my hand and official seal. No:o:y PuoGc-California r h ' Orange Cour:ty My Co+T.EOrffi Aug 29,2001 C Si;ra%:e of Yolarf aLb•i h OPTIONAL Z: 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: Number of Pages: Signer(s) Other Than Named Above: r 57- ss.94m-4 S.cc.� i!P. Capacity(ies) Claimed by Signer(s) Signer's Name: 6-'',ee—" Signer's Name: _ Individual _ Individual F?!r Corporate Officer R. Corporate Officer TitleK: _ /'�� a��/ Title(sF: ❑ Partner—❑ Limi d 0 General ❑ Partner—❑ Limited General ?� Attorney-in-Fact ❑ Attorney-in-Fact Trustee 7o, ,unb ❑ Trustee Guardian or Conservator Guardian or ConservatorOther: Other: T p f tht:'nb t e'eh Signer Is Representing: Signer Is Representing: 6 m 1995 National Notary Association•8236 Rommel Ave.,P.O.Box 7184•Canoga Park.CA 91309.7164 P'otl.No.5907 Reorder:Call To'I-Free 1-800-876.6827 BUYER: ST. AUGUSTINE II, LLC, a Delaware limited liability company By: PLC Homes, LLC a Delaware limited liability company Its: Administrator and Authorized Signatory By: L y t/, Name: CjA:!5F0 er" Cr. On 1,84S (print or type) Its: (circle one)Chairman of the Boar , President, Any Vice Presides By. Name:_ 6(4A-Vy t (print or type) any Assistant Secretary, Chief Financial Officer, ny Assistant Treasurer 3a STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On Am;1 Aj 1999, before me, N ETKA T N CKC�, personally /� appeared 2cxh&rn Ynre5 4AD MjrDM4e2.0-Gc8es personally known to me (oF pfeved te to be the person(s) whose name (s) +Yare subscribed to the within instrument and acknowledged to me that hets-tm/they executed the same in hisr♦ier/their authorized capacity(ies), and that by his4zar/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. &AAi-r-A,).D'C{cY f Commission# 1147120 z No,ary P„olic..Col:forma • Orange County My Cor ^ .Dco yes.uli SiLMure of otary Publi r I California All-Purpose Acknowledgment N IIIII A ■III 14AIA1� State of California ) ss County of Orange ) On 1999 before me, Dee Baker, Notary Public, personally appeared Jonathan M. Jaffe and Stephen J. Wolpin personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. DEEBAnR commfsslon#10M1 ..� 140t3rYPL0C—CCIf0mt0 orange Comm. o 7 MY Com .EVkea Apr Apt 19.2000 Dee Baker, Notary Public Description of Attached Document Title or Type of Document: Certificate of Consent to the_$ale of Proper and _The Assur ption of Rights, Duties and Obligations By and Between The City of Huntington Beach . St. A gustine IL_LLC._and PLC Document Date: Number of Pages: Signer(s) Other Than Named Above: EXHIBIT REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: January 25, 1999 Property Location: South of Garfield Avenue, east of Peninsula Lane Property Address: No current address Assessor's Parcel No(s).: por. 159-432-05 Legal Description: Lots 1-71 and Lettered Lots B thru K and AA thru II of Tract 15728 Acreage: 15.56 acres Current Owner: Name: PLC Address: 23 Corporate Plaza Drive, Suite 250 City/ST/Zip: Newport Beach, CA 92660 Telephone: (714) 721-9777 Contact: Hill Holman AssigneeBuyer. Name: St. Augustine 11, LLC Address: 23 Corporate Plaza Drive, Suite 250 City1ST/Zip: Newport Beach, CA 92660 Telephone: (7 44) 721-9777 Contact: Chris Gibbs Existing Use of Property: Vacant Residential Intended Use of Property: 70 single family homes Existing Entitlements/Permits: Approval Date: Environmental Impact Report No. 89-1 January 8, 1990 General Plan Amendment No. 97-2 July 6, 1998 Development Agreement No. 90-1 November 5, 1990 Holly Seacliff Specific Plan (SP 9) April 20, 1992 Zoning Text Amendment No. 97-1 July 6, 1998 Local Coastal Program Amendment No. 97-1 July 6, 1998 Tentative Tract Map No. 15728 . November 24, 1998 Conditional Use Permit No. 98-52 November 24, 1998 Attachments: Exhibit B for attachment to Certificate of Consent EDWA DS TRACT 14892. :Zlrx)t. rE SADDLEBACK STRE T LANE . )'I I •L ,..f-wa w•ry as w.rw. ___. ■• .....� _ ._ .......... . ......__-� _...-_.- - Yew .�-ir-.+•arr -CARFIELD `AVENUE - — . .. -- -- ••' — ter•''—' -- .:. w sarr- • X - -- - /r s! 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I- Le ci7 c7 � `�— �• ce> ! 22 a e Is 1: :lr 4 I �. s- • �r— OY 76 :2S f--^I' ir36 AL ;i w: ,r 9� 7a �I 1e Q� 0 Is 11 TR a .— _ w 0� ur a► .... ._.. .,an fr for Y ,� � as Ialf Y •.� -� C�„ - Yf� _ - _ 54 �' asu uury v u.v v ru aou u m u a�u ,PARK . , Q C-D m O C-D t7 ! 1 • !....�. ••� r ra_.ra y y afi As as a! ai 41 ao !e se !7 Si !s sa r� IRt ® - - _ me.0 r. • �1 Im r `SUMMIT �seLe[StB!PSt0" [ n) _'� a6Ywa��i�R•�IerF .f` -. � �•�� - / 1llGQRPpRAT10H RY REfCREN[( •! , •• •._--1� \ � r iY��..,r+1'�s•s�raara rr a�..0 TRACT 15DBB FO :k a' • LAr�o usE ARY sUN4 Z z • TRACT 147Du r. ,ou ut+r aiaw[ iii ti lrtr.nr !2` X N w I+W•.r - Il i.-•{• • V UZ soma 6�tJ t� 4r•e Ial. W ra+S B,a1 r wrr..-w, f��{r \r \ w [sss rtl� n�•C. n>•O{a Lr■ ra �.,1 — it gEYIS�us�is9� ...r+1.1� as•ry� a,...� _ "�• - •�'- 9WNCR DfJffS4f'iR aaa+r.. �w nrrnyvcr ' 1-...� d.. " f ul IM 2 F ILMIAr►vr rR��f � 28 wul-soar, GREENBRIAR m -:>�r�._ �,.... . .tea w•f.l C4HSIRUCll43LHDIES: PLANNING UNIT III-3 a„ ,a •, ,,. m �N�w�rr _ -- m TENTATIVE MAP TENTATIVE TRACT NO. 15728 S CITY OF HUNTNGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORMIA •-- EXHIBIT"B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS, DUTIES & OBLIGATIONS BETWEEN PLC (SELLER) AND ST. AUGUSTINE 1I, L.L.C. (BUYER) FOR ST. AUGUSTINE II RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1; Linear Park. Seller will be responsible for all park dedications required by the Agreement. In lieu of paying park and recreation fees to the City, Buyer will provide a letter from Seller assigning 1.20 acres of park dedication credits to Buyer. Section 2.2.2, Neiahborhood Parks. Seller will retain all obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3; Public Right of Wav and Private Streetsca a Im rovements. Seller will retain all obligations for arterial right of way and streetscape improvements as required by the Agreement. Buyer will assume responsibility for maintenance of perimeter landscape improvements. Section 2.2.4: Traffic and Circulation Improvements, Seller will retain all obligations,with the following clarifications: 2.2.4 , Seller will retain all traffic impact fee credits for Developer improvements. In lieu of paying traffic impact fees to City, Buyer will provide a letter from Seller assigning$100,500.00 in traffic impact fee credits to Buyer. 2.2.4(g): Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property. 2.2.4(h) and (i): Seller will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement, unless modified by subsequent agreement with the City. Section 2.2.5; Water, Sewer, Drainage and Utility Improvements, Seller will retain all obligations, with the following clarifications: 2.2.5(Z); Seller will retain all credits and reimbursements for sewer, drainage, utility and water improvements due under this section of the Agreement unless modified by subsequent agreement with the City. 2.2.5(h); Seller will retain all obligations, credits and reimbursements for water system improvements due under this section of the Agreement unless modified by subsequent agreement with the City. In lieu of paying water capital facilities fees to the City, Buyer will pay Seller$170,400.00 for offsite water facilities to sense the Property. Section 2.2.6�F_ire and Emergency Medical, Seller will retain all obligations, with the following clarification: 2.2.6(b): Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. Section 2;2.7: Police, Seller will retain all obligations, with the following clarification: 2_ 2.7(a): Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. Section 2.2_8, School Facilities, Seller will retain the obligation for designation of a public elementary school site. Buyer will be responsible for payment of school impact fees associated with development of the Property. J Section 2.2.9, Other Development Controls -2.2.9 a - Not applicable to Property. 2.2.9(b): The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. Seller will retain the obligation to provide affordable housing(11 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties, dated February 28, 1994, or as such plan may be amended from time to time. Section 2.2.10: Fees, with the following clarifications: 2.2.10(a),(b), (c). (f}_(g)._M and ffl; Buyer will be liable for payment of any development fees applicable to the development of the Property, not already paid or mitigated by Seller. 2.2_ 10(d);Buyer will be liable for payment of any Police/Fire operating fee if such fee is adopted by the City and applicable to the development of the Property. To the extent Seller may have credits under Sections 2.2.6(b)and 2.2.7(a), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10 e : Buyer will be liable for the payment of water service fees and water capital facilities fees applicable to the development of the Property. To the extent Seller may have credits or be eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10 h • Traffic Impact Fees, refer to 2.2.4(f) above. Cal" -/o fig- ............ IN 10 ' lot Pi FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 157281 CONDITIONAL USE PERM HT NO. 98-52 fGreenbriar) FINDINGS FOR APPROVAL-TENTATIVE MAP NO.15728: I. Tentative Tract Map No.15728 for the subdivision of 19.6 gross acres for the purpose of a 70-unit residential subdivision and creation of a public park and pedestrian paseo is consistent with the General Plan Land Use Element designation of Residential Low Density on the subject property and any applicable specific plan, and other applicable provisions of this Code. Single family developments and parks are permitted uses. 2. The site is physically suitable for the type and density of development at 3.6 units per gross acre. The site was previously studied for greater intensity of land use (five units per acre) at the time the General Plan land use designation and the Holly-Seacliff Specific Plan zoning were adopted for the proper. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the Specific Plan. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements,for access or for use,will be provided. The subdivision will provide all necessary easements and will not affect any existing easements.' The City currently'has utility easements between Garfield and Summit which will be preserved in the public paseo. INGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 8-52: 1. Conditional Use Permit No. 98-52 for the establishment, maintenance and operation of the 70 single family homes, gated access, eight(8) foot high perimeter wall along Garfield in lieu of a maximum of six(6)feet, and retaining walls over two (2) feet in height(up to three feet) for lots 13, 14, and 21 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 because: a. The project is consistent with the character of the development in the area. b. The gated access will enhance the image of the development without compromising safety. c. The project properly adapts to the contours of the site and surrounding area. (98CL 1124-3) d. The eight (8)foot high wall will provide noise attenuation and avoid incompatible future extensions of the wall. Its appearance will be softened by 15 feet of perimeter landscaping adjacent to it. Exterior side yard wall/retaining wall combinations will be screened by adequate landscaped setbacks. 2. The conditional use permit will be compatible with surrounding uses because it is an extension of residential use which predominates the area. The project is surrounded on three sides by streets and a paseo on the east side and will not be directly adjacent to another development. Gated access is found in other developments in the area. The project elevation and topography properly adapts to the surrounding area. 3. The proposed project will comply with the provisions of the base district and other applicable provisions of the Huntington Beach Ordinance Code and any specific condition required for the proposed use in the district in which it would be located. The development complies with minimum development standards. The proposed gates will comply with Fire Department requirements. The perimeter and retaining wails are allowed subject to approval of a conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. In addition,it is consistent with the following goals and policies of the General Plan: A. L• U,j�1.2—Require that single family residential units be designed to convey a high level of quality and character considering the following guidelines: a. Modulate and articulate building elevation,facades and masses (avoiding undifferentiated"box-like"structures. b. Encourage innovative and creative design concepts. B. LU .3.2—Require that the design of new residential subdivisions consider the following: a. Establish a street configuration involving the interconnection of individual_ streets that emphasize a pattern of"blocks"rather than cul-de-sacs. b. Integrate public squares,mini-parks, or other landscaped elements. c. Orient housing to neighborhood and collector streets. d. Consider reduced street widths to achieve a more"intimate"relationship between structures,to the extent feasible and in accordance with Huntington Beach Fire Department regulations. e. Consider an increase in froat yard setbacks, sidewalk widths, and the inclusion of landscaped parkways, especially in neighborhoods where the street width is reduced. CONDMONS OF APPROVAL-TENTATIVE MAP NO. 15728: I. The tentative map received and dated November 2, 1998 shall be the approved layout. (98CU 124-4) • • 2. Prior to submittal of the final map for approval by the City Council,the following shall be required: a. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the maintenance of all walls and common areas including private streets and landscape areas by the Homeowners'Association. It shall also include the location of the earthquake fault setback lines as well as water quality BMP and education information. The CC&Rs must be in recordable form prior to recordation of the map. _. b. The project shall comply with the Affordable Housing Plan for the Holly-Seacliff area. Final inspection (certificate of occupancy)shall not be approved for residential units in the project if the affordable housing requirements for the Holly-Seacliff area are not met at the time that final inspection is requested. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Garfield Avenue, Summit Drive, Saddleback Lane and Peninsula Lane shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. b. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct drainage improvements as required by the Department of Public Works to mitigate impact of increase run off due to development or deficient downstream systems. c. The sewer and'storm drain systems located within the private streets shall be private and maintained by the Homeowners Association. d. The public park site and the pedestrian paseo shall be dedicated to the City of Huntington Beach in"Fee Title" on the final map. e. All street and sidewalk widths shall be as shown on the approved Tentative tract map. f The following shall be'dedicated to the City of Huntington Beach on the final map: L An easement over the private streets for Police and Fire Department access purposes. 2. A 2.00 foot public utility easement as shown on said map. 3. The water system and appurtenances as shown on the improvement plans. 4. Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system. (98CL1124-5) g. 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. h. 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. i. All improvement securities(Faithful Performance, Labor and Material, and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. j. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. k. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach"CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. 4. The development shall comply with all applicable mitigation measures in Environmental Impact Report No. 89-1. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the tract map are proposed as a result of the plain check process. The tract map shall not be recorded until the Planning 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 of the original entitlement reviewed by the Planning Commission may be required pursuant to the HBOC. INFORMATION ON SPECIFIC CODE RE UMEMENTS-TENTATIVE NEAP NO. 15728: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Park and Recreation dedication shall be met or accrued credits assigned,prior to acceptance of the final map by City Council. 3. Tentative Tract Map No. I5728 and Conditional Use Permit No. 98-52 shall not become effective until the ten day appeal period has elapsed. 4. Tentative Map No. 15728 and Conditional Use Permit No. 98-52 shall become null and void unless exercised within two(2)years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. (98CL1124-6) 5. The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 98-52-: 1. The site plan and fence plan received and dated November 2, 1998, and floor plans and elevations received and dated July 1, 1998 shall be the conceptually approved layout with the following modifications: a. The wrought iron fence along the park shall include self-closing and locking pedestrian gates. (PD) b. All exterior side yard walls shall be setback a minimum of three feet(lots 8, 13, 14, 18, 21,26, and 27). c. Delete the lattice patio cover on Plan 1XA or comply with setbacks. d. All wing walls or fences equal in height to the first floor double plate,but not exceeding nine(9)feet,which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3)foot gate or accessway. Wing walls or fences that exceed this height limit shall meet setbacks. e. The Plan 3 substandard third car garage tandem parking space shall be labeled as storage space. f. 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 prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) g. 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. 2. Prior to 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). b. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 429. (FD) (98CLI I24-7) c. Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. d. All Fire Department requirements shall be noted on the building plans as follows: (FD) 1) Fire extinguishers will be installed and located in areas to comply with the HBFC standards (clubhouses, community buildings). 2) Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. This project requires nine(9)hydrants (City Specification 407). 3) Fire lanes shall be designated and posted to comply with City Specification 415. 4) Security gates shall be designed to comply with City Specification 403. 5) Address numbers shall be installed to comply with City Specification 428. 6) Street names must be approved by the Fire Department prior to use per City Specification 409. 7) Fire road access shall be provided in compliance with City Specification 401. Include the circulation plan and dimensions of all access roads. 8) Exit signs and path markings shall be provided in compliance with the HBFC and the California Administrative Code,Title 24 (clubhouses, community buildings). 9) The project shall comply with all provisions of the HBFC and City Specification 422 (Well Abandonment). 10)The project shall comply with all provisions of the FMMC Section 17.04.085 and City Specification 429, Methane District Building Permit Requirements. 11)Road width at 32 feet,will have parking on one side only marked and signed appropriately. 12)Flag Lots No. 45 and 46 shall be provided with automatic fire sprinklers. 13)Community buildings shall be reviewed by the Fire Department. e. Residential type structures on the subject property,whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report and plans,prepared under the supervision of a person experienced in the field of acoustical engineering,with the application for building permit(s). This requirement pertains to lot nos.1-3, 11-16, 19-26, 49-70. (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/or 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. (98CL1124-8) 3. 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. This plan shall also include.an erosion and silt control plan for all water runoff during construction and site preparation work. Final grades and elevations on the grading plan shall not vary by more than one foot from the grades and elevations on the approved Tentative map unless approved by the City Engineer. (PW) b. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, liquefaction, foundations,retaining walls, streets, pavement sections, utilities, and chemical and fill properties. (PW) c. In accordance with NPDES requirements, a"Water Quality Management PIan" shall be prepared by a Civil or Environmental Engineer. Water quality BMP and education information shall be included in the CC&Rs. All catch basins shall be grated. (PR) d. Blockwall/fencing plans shall be submitted to and approved by the Planning and Building and Safety Departments. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 4. 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 Planning Department. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The landscape plan for the paseo area shall be reviewed in conjunction with the Police Department. 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. The landscape plans shall be in conformance with the Holly-Seacliff Specific Plan 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 be incorporated into the project's landscape plan. (PW) (Code Requirement) C. The Final Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Planning Department. (Code Requirement) d. A landscape and irrigation plan for the public park,prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree, and Landscape Division. The Police Department and Community Services Department shall be included in the review of the plans. (PW) (98CL 1124A) e. The developer shall coordinate with the City of Huntington Beach Traffic Engineering Division in developing a truck and construction vehicle routing plan. This plan shall specify the hours in which transport activities can occur and methods to minimy e construction related impacts to adjacent residents. This plan must be approved by the Department of Public Works. (PW) f. The developer shall submit a parking plan for review and approval. (PW) g. Submit gated entryway(access control devices)plans to the Planning Department. 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 PIanning, Building, Fire and Public Works Departments. 5. 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 after work is completed for the day; c. Use low sulfur fuel (.0511/6)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. 6. Prior to final building permit inspection and approval of the first unit(occupancy),the following shall be completed: (PW) a. Each proposed dwelling unit shall have a separate domestic meter(touch and read type) and service lateral, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC)and Uniform Fire Code(UFC). The domestic water service lateral size shall be a minimum of one (1)inch. b. The developer shall construct a separate irrigation system(i.e. service,meter, and backflow protection device)to serve reclaimed water to the perimeter landscaping along Garfield Avenue and to the park area. c. Separate backflow protection shall be installed for domestic water services in areas served by reclaimed water(i.e. park area) and buildings over two stories in height. d. The developer shall construct a reclaimed water pipeline in the pedestrian paseo to serve the proposed parks. e. All existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance. In addition, all electrical transformers shall be installed underground. (98CL1124.10) • • f. Installation of all public park facilities shall be completed and approved prior to occupancy and release of the first unit. g. The developer shall construct a wrought iron(open visibly)fence as the perimeter theme wall along Garfield Avenue between the entry monument(east side at Peninsula Lane) and the westerly property boundary of lot 53 (a total of 290 feet). IL The applicant shall provide for the installation for street lights along Garfield Avenue and within all the internal streets per City of Huntington Beach guidelines. i. The applicant shall prepare traffic signing and striping plans for the entrances into the subdivision. j. The applicant shall provide a pullout for six (6)parking spaces for the public park along the north side of Summit Drive adjacent to the public park in the tract subject to the approval of the Public Works Department. k. Streets within the subdivision with parking on one side shall have the opposite side curb painted red and/or have no parking/fire lane signs posted. 1. Adequate lighting shall be provided along the pedestrian paseo with recommended two 12 foot poles midway. m. The developer shall construct full street improvements along Summit Drive,Peninsula Lane,and Garfield Avenue. n. Parking shall not be allowed on Street"G". o. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. p. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. q. 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. 7. The.use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) 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) 0 (48CLI 124-11) 8. All conditions of Tentative Tract Map No. 15728 shall be complied with. 9. The Police and Public Works Department shall conduct a crossing guard study at the intersection of the paseo and Summit Drive after completion of the park and once the Seacliff Elementary School is in operation. 10. The development shall comply with all applicable mitigation measures of Environmental Impact Report No. 89-1. 11. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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 F BOC. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-52 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-52 shall become null and void unless exercised within two (2)years of the date of final approval or such extension of time as may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-52, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. (PW) 5. Traffic Impact Fees shall be paid at the time of final inspection. (PW) 5. An encroachment permit shall be required for all work within the right-of-way. (PW) 7. State-mandated school impact fees, or such fees as have been agreed to by the applicant and the school districts, shall be paid prior to issuance of building permits. 8. The development shall comply with all applicable provisions of the Municipal Code, Building and Safety Department,and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards,except as noted herein. 9. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. The applicant shall submit a check in the amount of$38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. (98ci.i t24-12) ATTACHMENT.-. 4 :. ;I�` tT... y_ 'k i .° Yam,T � '� �•h' y �Fri .. A ........... i f � b� p Rif` 7, `t� ��� r_ '� � sue.���.���., ��'' � � „h.�t�'��{ � +� r *y� y s n ti•.a�!e�''. � v�� �`��; REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: Subject Subject + cs Council Meeting Date: • Date of This Request: .o REASON (Why is this RCA being submitted late?): EXPLANATION (Why is this RCA necessary to this agenda?): J"{A `T CONSEQUENCES (How shall delay of this RCA adversely impact the City?): - LJ Signature• 9-Approved 0 Denied bepartifieiVt Kead Ray Silver City Administrator RCAIZOUTING SHEET INITIATING DEPARTMENT: PLANNING DEPARTMENT SUBJECT: Consent for Pending Sale of Tentative Tract No. 15728 in the Holly Seacliff Development Agreement Area COUNCIL MEETING DATE: Aril 19, 1999 RCA-:ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed In full by the qLtZ Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance LApproved by the City Attorney) Not Applicable Financial I pact 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 Not Applicable EXPLANATION FOR MISSING ATTACHMENTS_: REVIE►NED. ' RETURNEDAsFOR RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION_EOR RETURN.-OF.ITEM. _-.; (Below • .