HomeMy WebLinkAboutPLC LAND CO. - 1997-09-02 51
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Recording requested by, and
when recorded, mail to:
Recorded in the County of orange, California
Gary L. Granville, Clerk/Recorder
City of Huntington Beach I IIIII I III II IIII III IIII IIIII I IIII II 111111111111111111 No Fee
2000 Main Street 19970565661 3:22 m 11/06/97
Huntington Beach, CA 92648 p
005 29004493 29 57
Attn: City Clerk Al2 12 6.00 33.00 0.00 0.00 0.00 0.00
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AGREEMENT
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND
THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS N�
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH
OC VENTURES,II, INC., 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
b and sketch attached hereto as Exhibits"A-1" and"A-2," respectively,to OC Ventures,11,Inc.,
hereinafter referred to as the "Buyer"; and
4J v 0 0
i, -H r. 'd o
o 0 0 0 F. The Agreement provides in part at Paragraph 4.2 that:
� 'E: U)
H 4, - C, a Prior to making the dedications and improvements required herein, Developer may
0 o W r.
(, c ,; 0 sell, assign or transfer the Property in whole or in part with the consent of the City,
U M m such consent not to be unreasonably withheld. City's consent will not be required if
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�„ such assignment is made to an affiliate of Developer. Any purchaser, assignee or
c, aai
transferee shall have all of the rights, duties and obligations arising under this
0 d +3 =� o o, Agreement insofar as such rights,duties and obligations are applicable to the
° Property or portion thereof purchased, assigned or transferred; and
EE-+ 0 o d. rn 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
This document �s solbly for the Ta`x-Exempt-Government Agency
4/s:GA-Agree:Consent:0CVentur official h=awinesa of the City . 'CITY OF HUNTINGTON BEACH
RLS 97-596 of �.i,t.
c :: ::,.; a., as contem—
gi6i97 Code
Sec. 6103 acid should
be recorded By:----- .. .........................
free of charge. eputy City Clerk
• _ _ 1. _
•
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 PROPERTY
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 referenced 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
4/s:G:4-Agree:Consent:OCVentur
RLS 97-596
8/6/97
•
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 DevelopmentAgreement No. 90-1 and further
clarified by PLC in their letter to the City, dated May 7, 1996.
C. The Buyers 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.
IN WITNESS WHEREOF,the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
BUYER: CITY:
OC VENTURES, II, INC., a CITY OF HUNTINGTON BEACH
California corporation a California municipal corporation
By: G �
Mayor
Name: _7_1%RD
(Type or Print) ATTEST:
Its(circle one)Cil Chairman of the Board _
(ii resident iii)Any Vice President
City Clerk
And
APPROVED AS TO FORM:
By: ? //
Name: 2 tyf3j 191?b , LTv9W#qh + Ci A
(Type or Prin ,
Its: (circle one)(1) ecretary ii)Any Assistant Secretary RE EWED AND APPROVED:
(iii)Chief Financial O icer(iv)Any Assistant Treasurer
ity dministrator
INITIATED AND APPROVED:
Director of Community Develo ent
SIGNATURES CONTINUED ON NEXT PAGE
3
4/s:G:4-Agree:Consent:OC Ventur
RLS 97-596
8/6/97
DEVELOPER:
PLC, a California General Partnership By: T/L Huntington Beach,L.L.C.
(comprised of PLC Holdings, a California a Delaware limited liability company
general Partnership; and T/L Huntington (general partner of PLC)
Beach L.L.C., a Delaware limited liability
company By: Lennar Huntington Beach, Inc. .
a California corporatio (managing
By: PLC Holdings, a California general member of T/L H t' on Beach L.L.C.)
partnership (general partner of PLC)
By:
By: Paclaco, Inc., a California corporation
(general partner of PLC Holdings) Name: J ,
(Type Print)
Its(circle one)(i)Chairman of the
By: ) (ii)President(iii)Any Aice Presiden
Name: Z l yRls 6a b u,L J t9 w#1 And
(Type or Print)
Its(circle one hairman of the Board By:
(i' jr eside (iii)Any Vice President
Name: :nw_aa_ L- D i rn Y'\
And (Type or Print).
Its(cir le one)(i)Secretary(ii)Any Assistant
, Secret iii)Chief Financial Officer(iv)Any
By: {7 /�` Assistant Treasurer
Name: d-yR's;Dto1-t�2 �, GI/2t3S
(Type or P;ecret
int
Its: (circle one)(i) P
ii)Any Assistant Secretary:
(iii)Chief Financial O icer(iv)Any Assistant Treasurer
4
4/s:G:4-Agree:Consent:OCVentur
RLS 97-596
8/6/97
EXHIBIT A-1 •
REQUEST FOR CONSENT TO SALE OF PROPERTY
DEVELOPMENT AGREEMENT NO. 90-1
HOLLY SEACLIFF AREA
Date: June 20, 1997
Property Location: South of Garfield Avenue, West of Seapoint Street
Property Address: No current address
Assessor's Parcel No(s).: 110-015-75 & por. 110-232-02
Legal Description: Lots 1-72 and Lettered Lots A-U, inclusive, of Tract 15355
Acreage: approx. 15.5 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: OC Ventures II
Address: 23 Corporate Plaza Drive, Suite 250
City/ST/Zip: Newport Beach, CA 92660
Telephone: (714) 721-9777
Contact: Christopher Gibbs
Existing Use of Property: Vacant Residential
Intended Use of Property: 71 single family homes
Existing Entitlements/Permits: Approval Date:
Environmental Impact Report No. 89-1 January 8, 1990
General Plan Amendment No. 89-1 January 8, 1990
Development Agreement No. 90-1 November 5, 1990
Holly Seacliff Specific Plan (SP 9) April 20, 1992
Code Amendment No. 96-2 April 7, 1997
Local Coastal Program Amendment No. 96-3 April 7, 1997
Tentative Tract Map No. 15355 May 27, 1997
Conditional Use Permit No. 96-76 May 27, 1997
Coastal Development Permit No. 96-17 May 27, 1997
Attachments:
Exhibit B for attachment to Certificate of Consent
JG�j2vU�-' A— l
GENERAL INFORMATION
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- LEGAL DESCRIPTION
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]I [a= _!ly/ INCORPORATION•RY'REFERENCE�
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TRACT 1503B`
R DEVELOPER
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,a _ � � �� • �(/y[1 TENTATIVE TRACT NO. 15355
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Rit[,(.eRl 46�1EG n rr PIIMOL UNI 9-1
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H LLY-SEACLIFF -y- =---- (D
PLANNING UNIT III—I
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TENTATIVE TRACT . NO. 15355 --
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CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1
RIGHTS, DUTIES &OBLIGATIONS BETWEEN
PLC (SELLER)AND OC VENTURES II (BUYER)
FOR ST.AUGUSTINE RESIDENTIAL PROJECT(PROPERTY)
s
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
1.22 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$112,950 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(e); 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$189,600 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, 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.
t
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.
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), (i)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.
2.2.10N, Traffic Impact Fees, refer to 2.2.4(f)above.
}
STATE OF CALIFORNIA }ss.
COUNTY OF }
On % /f 57 , before me, f�v/�� i1R ltir. /fc� /✓ ,
personally appeared 21 ylq,6
personally known to me
to be the person(v) whose name(p),45jafe
subscribed to the within instrument and acknowledged to me th he sheA4eryr executed the same
in&emir authorized capacity(ies), and that by is e Mieir signature(s) on the instrument the
person(.# or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
ROBERTA M. KERN
comm. #1119189 ca
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
QMy
Comm.Expires 08C.6,2000
(This area for official notarial seal)
Title of Document C�ash
Date of Document No. of Pages Y
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
AMERI
O
}
STATE OF CALIFOR , IA }ss.
COUNTY OF
On (, /l , / r 7 , before me, '12/ dSo-n (14 M . eeXII,/ ,
personally appeared 2-fy&,6 6WbLu.J14c►/r4�
� �S7y Pfr�2 c. %�3✓�S , personally known to me
(o ) to be the person(s) whose name(s)
subscribed to the within instrument and acknowledged to me that /they executed the same
in his4�theiruthorized capacity(ies), and that by hWh6t2&0 ignatur_e_(_s_)-`cn 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.
Signature
ROBERTA M. KERN
comm. #1119189
NOTARY PUBLIC- u.RNIA
ORANGE COUNTY
My Comm.Expires Dec.6,2000
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008(1194) (General)
First American Title Insurance Company
CALIFORNIA ALL-PURAE ACKNOWLEDGMENT
State of Ca y i �0 Y Yl l a
County of
On-7�q- Lc>A4-'U&j- �a. I�q before me, lV P ,
/ I Date hn � �^ Name and Title o Officer(e.g.,"Jane D e Notary Public")
personallyVVVappeared,TO�rt.��tA) `�c�tt2 a►^d y'psa L. o i n n ,
Name(s)of Signer(s)
' ]personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person
whose names 4s are subscribed to the within instrument
and acknowled ea
to me that he executed the
same-in their authorized capacit ies , and that by
his thei signature on the instrument the persor�,
DEE BAKER commission#1l>86001 or the entity upon behalf of which the perso ,s acted,
NotaryPubOC-CGOW10 executed the instrument.
orange County
My Comm.Explres Apr 19,20M 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 rr nn I
Title or Type of Document: at'ti�1Ca�� �T�l_E7Y1SP.t�T'"� SaAe,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: _.
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
- - ---------------
01994 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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of G&'
County of
On LQ,,A-� Y, /'I9 before me, (.rtiu-�� �� NP�Sr�� Iye6!:f,
Date Name and
Title of Officer(e.g.,"Jane Doe,Notary P is")
personally appeared
Name(s)of Signer(s)
personally known to me— to be the'persorcs)
whose name&i&> Msubscribed to the within instrument
and acknowledged to me that+vof e. executed the
same in WS+Afr Fe authorized capacity, and that by
hisffi signatureo on the instrument the persons),
LAUItA A NELSON or the entity upon behalf of which the persorQ acted,
CommWon#1Ob6269 executed the instrument.
Notary"Ic—CWorr"
Orange County Ires Jul 21,1994
My Comm. WITNESS my hand and official seal..
E�
Signature of Notary Public
TONAL
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: Re s, a,-.w 46C-j! : nr
Document Date: Number of Pages:
Signer(s) Other Than Named Above: At iAae/'f cc r�ga_
ACd'- 4117 c6,ti b y Ze)sr4.tr,.�G, GhrlS�Opl,�✓C.G,'66s donew-IA,"n M".12�,
Capacity(ies) Claimed by Signer(s) Thef,_sa. 6,
Signer's Name: >t-sl Signer's Name: cl���
Individual ❑ Individual
E Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
Guardian or Conservator `-• ❑ Guardian or Conservator
Other: Ale r:crr Top of thumb here � Other: ��( /� Top of thumb here
i�
Signer Is Representing: Signer Is Representing: =
jj//'/^�/// ,,•��
0 1995 National Notary Association•8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.876.6827
;,"iff CITY OF HUNTINGTON BEACH
Lj2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
September 24, 1997
Gary L. Granville, County Clerk-Recorder
P. 0. Box 238
Santa Ana, CA 92702
Enclosed please find Certificate of Consent to the Sale of Property and the Assumption
of Rights, Duties, and Obligations By and Between the City of Huntington Beach, OC
Ventures, II, Inc., 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 conform the enclosed copy and return to this office in the enclosed self-
addressed stamped envelope.
6X" ' &Mzv-�fr
Connie Brockway, CMC
City Clerk
Enclosures
g:\followup\deedltr:OCVentures
G:\fol lo«-up\deedltr:OC/Ventures:j c
(Telephone:714.536.5227)
� R
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
OC VENTURES, II, INC., 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 OC Ventures, II, Inc.,
mb hereinafter referred to as the "Buyer"; and
++ .j m o
f� rl r. 'O U
a " Cj 0 F The Agreement provides in part at Paragraph 4.2 that:
CJ r. ,a
Prior to making the dedications and improvements required herein, Developer may,0 0 - r. b g p q p Y
0 0 9 c. �
t, C-1i >; o sell, assign or transfer the Property in whole or in part with the consent of the City,
�+ 0 J. `= " CDsuch consent not to be unreasonably withheld. City's consent will not be required if
G ;, 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
o ;; ,, Agreement insofar as such rights, duties and obligations are applicable to the
'0 a a CD ° Property or portion thereof purchased, assigned or transferred; and
� -H 4J
,i 4. r U
H o o [L ai
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
This document is solbly for the Tax-Exe-,pt-Governrnent Agency
4/s:G:4-Agree:Consent:OCVentur Off c i n 1 b ;:i^C�:- Of the City CITY OF HU.`ITIi1GTON BEACH
RLs 97-596 Cf t1'.i i. ..'.c ri '. ;; s contem-�
8/6/97 ✓
Code
Scc. 6103 and should be recorded By:......... ...................................
free of charge. enuty City Clerk
w
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 PROPERTY
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 referenced 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
4/s:GA-Agree:Con sent:OCVentur
RLS 97-596
8/6/97
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.
C. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for al.l of their building permits in accordance with Ordinance No.
3344.
IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
BUYER: CITY:
OC VENTURES, II, INC., a CITY OF HUNTINGTON BEACH
California corporation a California municipal corporation
By: " J A�&
Mayor
Name: Z l%�D A6blt T�wA a
(Type or Print) ATTEST:
Its(circle one)(i Chairman of the Board
(ii President iii)Any Vice Presidentz�/,//�
City Clerk
And
APPROVED AS TO FORM:
By:
Name: 2 tyft 86 bU L-TvQWQD + Ci A �n
Type or Prim / d t `/ ,
Its: (circle one)(i) ecretaryy ii)Any Assistant Secretary RE EWED AND APPROVED:
(iii)Chief Financial O tcer(iv)Any Assistant Treasurer
ity dministrator
INITIATED AND APPROVED:
Director of Community Develop ent
SIGNATURES CONTINUED ON NEXT PAGE
3
4/s:GA-Agree:Consent0CVentur
RLS 97-596
8/6/97
DEVELOPER:
PLC, a California General Partnership By: T/L Huntington Beach, L.L.C.
(comprised of PLC Holdings, a California a Delaware limited liability company
general Partnership; and T/L Huntington (general partner of PLC)
Beach L.L.C., a Delaware limited liability
company By: Lennar Huntington Beach, Inc.
a California corporatio (managing
By: PLC Holdings, a California general member of T/L H nt' on Beach L.L.C.)
partnership (general partner of PLC)
By:
By: Paclaco, Inc., a California corporation
(general partner of PLC Holdings) Name: J ,
(Type Print)
Its (circle one)(i)Chairman of the
Board-
By: AaQ, ZZ (ii)President(iii)Any ice Preside
Name: Z 1 yRb (jig 6 Lt L S r9 WAI And
(Type or Print)
Its(circle one hairman of the Board By: JUAJ.4.4--
(ik(Presider (iii)Any Vice President
Name: pXpSa-, L- D i h.hn
And (Type or Print)
L
(cir leone)(i)Secretary(ii)Any Assistant
ret iii)Chief Financial Officer(iv)Any
By: Assistant Treasurer
Name: C y(��s�r�lrE2 c C,--1�►3S
(Type or P;�ecreta
int
Its: (circle one)(i) PH)Any Assistant Secretary:
(iii)Chief Financial O icer(iv)Any Assistant Treasurer
4
4/s:GA-Agree:Consent:0C Ventur
RLS 97-596
8/6/97
• EXHIBIT A-1 •
REQUEST FOR CONSENT TO SALE OF PROPERTY
DEVELOPMENT AGREEMENT NO. 90-1
HOLLY SEACLIFF AREA
Date: June 20, 1997
Property Location: South of Garfield Avenue, West of Seapoint Street
Property Address: No current address
Assessor's Parcel No(s).: 110-015-75 & por. 110-232-02
Legal Description: Lots 1-72 and Lettered Lots A-U, inclusive, of Tract 15355
Acreage: approx. 15.5 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: OC Ventures II
Address: 23 Corporate Plaza Drive, Suite 250
City/ST/Zip: Newport Beach, CA 92660
Telephone: (714) 721-9777
Contact: Christopher Gibbs
Existing Use of Property: Vacant Residential
Intended Use of Property: 71 single family homes
Existing Entitlements/Permits: Approval Date:
'Environmental Impact Report No. 89-1 January 8, 1990
General Plan Amendment No. 89-1 January 8, 1990
Development Agreement No. 90-1 November 5, 1990
Holly Seacliff Specific Plan (SP 9) April 20, 1992
Code Amendment No. 96-2 April 7, 1997
Local Coastal Program Amendment No. 96-3 April 7, 1997
Tentative Tract Map No. 15355 May 27, 1997
Conditional Use Permit No. 96-76 May 27, 1997
Coastal Development Permit No. 96-17 May 27, 1997
Attachments:
Exhibit B for attachment to Certificate of Consent
GENERAL INFORMATION
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TRACT N0. 15355
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PLANNING UNIT III-I 1 �"=�' �"" -`
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TENTATIVE TRACT . NO. 15355
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA ~- o '- _„��� •
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1
RIGHTS, DUTIES &OBLIGATIONS BETWEEN
PLC (SELLER) AND OC VENTURES II (BUYER)
FOR ST. AUGUSTINE 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
1.22 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(fl; 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$112,950 in
traffic impact fee credits to Buyer.
2.2.4(gh 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 6); 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 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$189,600 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, 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.
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) (i)and j); 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.
� AMERI
I
STATE OF CALIFORNIA }ss.
COUNTY OF_�'a }
On L,4 / / 9 S 7 , before me, �v/�c� lM , /f C—9/✓
personally appeared -2 1-,g,6 ►g96a.(-'j7&W 4'�j
, personally known to me
to be the person(s) whose name( L;LQ'afe
subscribed to the within instrument and acknowledged to me th he sheA4ey executed the same
ineh. eir authorized capacity(ies), and that byt)s efAHetr signature(s) on the instrument the
person(j) or the entity upon behalf of which the person(&) acted, executed the instrument.
WITNESS my hand and official seal.
Signature j ��,,�
ROBERTA M. KERN
comm. #1119189
qPMy
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
Comm.Expires Dec.6,2000
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008(1/94) (General)
First American Title Insurance Company
Z AME RI
}
STATE OF CALIFOR , IA }ss.
COUNTY OF }
On //, / F S , before me,
personally appeared 2—fy&� '6191r)aI--W644h,
& 2t S i_D OeL=2 6. G 1/319S , personally known to me
(o ) to be the person(s) whose name(s) ' are
subscribed to the within instrument and acknowledged to me that �/theyexecuted the same
in hisj-�,e�their uthorized capacity(ies), and that by his/#e their ignature(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.
Signature
�::22r
ROBERTA M. KERN
COMM. #1119189
•M NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Cofnm.ExpIres Dec.6.2000
(This area for official notarial seal)
Title of Document el , —
Date of Document No. of Pages
Other signatures not acknowledged
3008(1194) (General)
First American Title Insurance Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •
State of Cal Y n l a,
County of D►' I
On before me, I
Date �" ^n � Name and Title o Officer(e.g.,'Jane D e Notary Public')
personally appeared. ofl�t \�1A J"`�aq _ ajiil � 1 Y Q_rys� L 6 1 Y ,d Y1 ,
Names)of Signer(s)
�]personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person
whose names 4s are subscribed to the within instrument
and acknowledged to me that `h executed the
same in their authorized capacit ies , and that by
thei signatures on the instrument the persor�s ,
Tj;;ez. DEion#1 or the entity upon behalf of which the perso ,s acted,
Commisslon#1086001
_d NotaryPublIc—Callfomla executed the instrument.
Orange County
My comm.E�IresApr 19,2000 WITNESS my hand and official seal.
��•tJC.��L.J
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: �r�)�iCc�� O�co-nC,- . Pt Sa ler
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
Q 1994 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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
' `!
r� State of
County of
On before me,
Date n�- �,q, Name and Title of Officer(e.g.,"Jane Doe,Notary P is")
/�-- _I
� personally appeared f �
t� Name(s)of
Signer(s)
}impersonally known to me- te+t-eatderfee to be the persorgrp
whose name6)is�subscribed to the within instrument
`� and acknowledged to me that-iefsfiet�executed the
same in hi&4authorized capacit 1e's�, and that by
2� hisftra�signatureo on the instrument the person(,
I lAuana NELSONor the entity upon behalf of which the persorQ acted,
r Commission 0 1066263 executed the instrument.
-� Notary Pubic—caftmla C�
Orange County WITNESS my and and official seal.hand
r My Comm. Evires Jul 23,19M r 'S
C' Signature of Notary PublicI
,� / TONAL
2� 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: � s- � �a-4416 /u�- �z�
OC U�.t{u..eJ; �(� wee. ., ct�t-•sQ /�L� ,,�)
Document Date: )T— Gem R-ooQ - Number of Pages:
Signer(s) Other Than Named Above: ytic(•45<C�.�a�.w�P, G�%i - clu�oi r cc r ,�
hy.Qe�sSCian�r+u GGe�iS�phG.-C G,'has Gt_v" M.ja
Capacity(ies) Claimed by Signer(s)
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Signer's Name: Signer's Name: 4,1"2V
Eli Individual -1 Individual
Corporate Officer ❑ Corporate Officeri
Title(s): Title(s):
❑ Partner—ill Limited E General Partner—❑ Limited ❑ General
7 Attorney-in-Fact n Attorney-in-Fact
�' Trustee Trustee
Guardian or Conservator -1 Guardian or Conservator `-•
Other: Z C7' Top of thumb here 57 Other: Ctal_' LIw Top of thumb here
•
Signer Is Representing: Signer Is Representing:
Q 1995 National":-=nary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
Council/Agency Meeting Held: °I W q-1
Deferred/Continued to:
l9'Approv d onditionally A roved ❑ Denied � City erk's Signature
Council Meeting Date: September 2, 1997 Department ID Number: CD 97-42
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat 7� 5,h-
_
PREPARED BY: � �
MELANIE S. FALLON, Community Development Director
SUBJECT: Consent For Pending Sale of the Residential Project Tentative
Tract No. 15355 in the Holly Seacliff Development Agreement
Area
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by PLC for the City Council to provide consent to
the pending sale of the residential project Tentative Tract No. 15355 (Seapoint and Garfield) to
OC Ventures II. The project is subject to the Holly Seacliff Development Agreement and has
been approved by the Planning Commission. Section 4.2 of the Holly Seacliff 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 OC Ventures II.
Funding 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. 15355 to OC Ventures II; and
671d CJ1 C(A-k
2. Authorize the Mayo qto execute the Certificate of Consent to the Sale of Property and the
Assumption of Rights Duties and Obligations."
b
RIQUEST FOR COUNCIL ACTT N
MEETING DATE: September 2, 1997 DEPARTMENT ID NUMBER: CD 97-42
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. 15355 in the Holly Seacliff Development Agreement area and
direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: PLC
Location: Approximately 15 acres located at the southeast corner of Garfield
Avenue and Seapoint Street.
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 1996, was approved by the Planning Commission on March 25, 1997 and
the City Council on May 5, 1997.
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 parcel
was included in the 383 acre total.
C. STAFF ANALYSIS AND RECOMMENDATION:
PLC has entered into a purchase and sale agreement with OC Ventures ll for the sale of
Tentative Tract No. 15355 at the southeast corner of Garfield Avenue and Seapoint Street
(Attachment No. 1). The parcel 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.
CD97-42.100C -2- 08/07/97 12:00 PM
RIQUEST FOR COUNCIL ACTIN
MEETING DATE: September 2, 1997 DEPARTMENT ID NUMBER: CD 97-42
The subject 15 acre property is currently vacant and was approved for 71 detached single
° family homes on May 27, 1997 by the Planning Commission. PLC anticipates recordation of
the final map in September and will begin grading activities shortly thereafter.
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.
All conditions of approval for the tract map, conditional use permit and coastal development
permit remain in effect. These conditions include compliance with the Affordable Housing
Plan (AHP) for the Holly Seacliff Specific Plan area, as well as infrastructure improvements.
The AHP links provision of affordable units with a certain number of market rate units. It is
anticipated that the first AHP milestone will be reached in 1998 or 1999. Staff has met with
PLC, to discuss compliance with these requirements and is currently processing two
affordable housing projects for Holly Seacliff. PLC will retain responsibility for the affordable
housing requirements for the subject property.
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.
Staff recommends that the City Council provide consent to the sale of the subject property
and authorize the Mayor to execute the Certificate of Consent. There are no outstanding
public improvement issues related to the property, and the terms of the Development
Agreement will be fulfilled.
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.
s
CD97-42.DOC -3- .08/07/97 12:00 PM
R QUEST FOR COUNCIL ACTION
MEETING DATE: September 2, 1997 DEPARTMENT ID NUMBER: CD 97-42
Attachment):
City Clerk's
Page Number
1. Vicinity Map
2. Letter from PLC dated June 27, 1997
3. Tentative Tract Map No. 15355/Conditional Use Permit No. 96-
76/Coastal Development Permit No. 96-17 Conditions of
Approval
1. 4. Certificate of Consent Agreement.
(g:\rcaforms\cd97-42)
CD97-42.DOC -4- 08/07/97 12:00 PM
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11 INGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
7 _
R E C E VE .
1C. JUN 2 71997
DEP -MENT OF
June 27, 1997
COMMUNITY DEVELOPMENT
Ms. Melanie Fallon, Director
Community Development Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Request for City's Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
St. Augustine Residential Project; APN 110-015-75 &por. 110-232-02
Dear Melanie:
PLC has entered into an agreement to sell the above property, located south of Garfield Avenue,
east of Seapoint Street, to OC Ventures II. 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 OC Ventures II 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 the August 18, 1997 City
Council meeting, if possible,to accompany Final Tract 15355.
Very truly yours,
William D. Holman
Planning & Government Relations
Encl. Information Form and Legal Description
cc: Mary Beth Broeren
Paul D'Alessandro
Graham Jones
Christopher Gibbs
PLC Land Company 23 Corporate Plaza,Suite 250 714.?n 9777 Telephone
Newport Beach,Califomia 92660 714.729. 1214 facsimile
J�
Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
May 30,1997
PLC Land Company
23 Corporate Plaza Dr., Ste. 250
Newport Beach, CA 92660
SUBJECT: TENTATIVE TRACT MAP NO. 15355/CONDITIONAL USE PERMIT
NO. 96-76/COASTAL DEVELOPMENT PERMIT NO. 96-17 (St.
Augustine Residential Project)
PROPERTY
OWNER: PLC Land Company, 23 Corporate Plaza Dr., Ste. 250,Newport Beach, CA
92660
REQUEST: To permit the subdivision of approximately 15.5 acres into 72 numbered lots and
21 lettered lots for purposes of developing 71 one and two story detached single
family residential units. The conditional use permit request includes fences
greater than 42 inches in height within the front yard setback area on two lots,
and on two lots the courtyard fences exceed the maximum 42 inch height
allowed within the area required for intersection visibility.
LOCATION: Southeast Corner of Garfield Avenue and Seapoint Street)
DATE OF
'ACTION: May 27, 1997
Your application was acted upon by the Planning Commission of the City of Huntington Beach on
May 27, 1997, and your request was conditionally approved. Attached to this letter are the
Findings and Conditions of Approval for this application.
Please be advised that the Planning Commission reviews the conceptual plan as a basic request for
entitlement of the use applied for and there may be additional requirements prior to
commencement of the project. It is recommended that you immediately pursue completion of the
conditions of approval and address all requirements of the Huntington Beach Zoning and
Subdivision Ordinance in order to expedite the processing/completion of your total application.
The conceptual plan should not be construed as a precise plan reflecting conformance to all
Zoning and Subdivision Ordinance requirements.
(97CL527-1) k4 .3
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A person
desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten
calendar days of the date of the Planning Commission's action. The notice of appeal shall include
the name and address of the appellant, the decision being appealed, and the grounds for the
appeal; it shall also be accompanied by a filing fee. The appeal.fee is $500.00 for a single family
dwelling property owner appealing the decision on his/her own property. The appeal fee is
$1,200.00 for all other appeals.
In your case, the last day for filing an appeal and paying the filing fee is June 6, 1997
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1)year after final approval, unless actual construction has
started.
If there are any further questions, please contact Mary Beth Broeren, Associate Planner at
(714) 536-5271.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by:
Scott;ess, I P
Senior Planner
xc: Property Owner
Attachment: Findings and Conditions of Approval
SH:MBB:kjl
(97CL527-2)
FINDINGS AND CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 15355/
CONDITIONAL USE PERMIT NO. 96-76/
COASTAL DEVELOPMENT PERMIT NO. 96-17
FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 15355:
1. Tentative Tract Map No. 15355 for subdivision of 15.5 gross acres for the purpose of a 71
unit residential subdivision is consistent with the General Plan Land Use Element designation
of Residential Medium Density on the subject property, or any applicable specific plan, or
other applicable provisions of this Code. Detached single family residential developments are
a permitted use.
2. The site is physically suitable for the type and density of development at 4.6 units per acre.
The site was previously studied for a greater intensity of land use (15 units per acre) at the
time the General Plan land use designation and the Holly Seacliff Specific Plan zoning were
adopted for the property. 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. There are no
environmental impediments to the project.
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.
FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 96-76:
1. Conditional Use Permit No. 96-76 for the establishment, maintenance and operation of the 71
unit single family homes and for a six foot high courtyard fence within the front setback on
Lot Nos. 16/17 and 44 and within the required front intersection visibility area on Lot Nos. 27
and 33 will not be detrimental to the general welfare of persons working or residing in the
vicinity or detrimental to the value of the property and improvements in the neighborhood.
The proposed grading, site layout and design of the subdivision properly adapts the proposed
structures to street, driveways, and other adjacent structures and uses in a harmonious
manner. The proposed fences will not compromise public safety for pedestrians or motorists.
Due to site characteristics, such as landscape areas and lot orientation, there is adequate
setback from sidewalks and streets.
(97CL527-3)
2. The conditional use permit will be compatible with surrounding uses all of which are
residential. The project is surrounded on all four sides by existing streets and therefore will
not be directly adjacent to another development. Compliance with the mitigation measures of
Environmental Impact Report No. 89-1 and code provisions ensure that the project will be
compatible with other area developments.
3. The proposed 71 unit single family home project will comply with the provisions of the base
district and other applicable provisions in the Holly Seacliff Specific Plan and any specific
condition required for the proposed use in the district in which it would be located, except for
the six foot high fences proposed on four lots. The proposed residential units meet all code
provisions, including lot size, setbacks, density and parking. The fence heights are permitted
with 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 Medium Density on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
A. L U 9.1.2: 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.
d. Encourage innovative and creative design concepts.
.B. LU 9.3.2: Require that the design of new residential subdivisions consider the
following:
b. Integrate public squares, mini-parks, or other landscaped elements.
g. Orient housing units to neighborhood and collector streets.
i. 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.
FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 96-17:
1. Coastal Development Permit No. 96-17 for the 71 unit single family residential project, as
proposed or as modified by conditions of approval, conforms with the General Plan, including
the Local Coastal Program. Specifically, the project preserves and enhances visual resources
within the coastal zone, through preservation of public views and adequate landscaping and
vegetation,
nd it provides adequate parking.
(97CL527-4)
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code. The residential units
will comply with all code requirements, including setbacks, open space and parking.
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local.Coastal Program. .Access,utilities, and all other
infrastructure will be provided as required by the Holly Seacliff Specific Plan and the City.
4. The development conforms with the public access and public recreation policies of Chapter 3
of the California Coastal Act. Proposed subdivisions located 300 feet away from the water
are not required to provide vertical or lateral access to coastal resources. The project will not
impact any views or public access to coastal resources.
CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 15355:
1. The tentative map received and dated May 14, 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. 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 common driveway access easements, and maintenance of all walls
and common landscape areas by the Homeowners' Association. The CC&Rs must be in
recordable form prior to recordation of the map.
b. Code Amendment No. 96-2 shall be approved by the California Coastal Commission.
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. The following shall be dedicated to the City of Huntington Beach:
1. An easement over the private streets for Police, Fire and Public Works
Department access purposes.
2. The water system and appurtenances as shown on the improvement plans for this
tract.
3. The two foot public utility easement within the private streets.
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.
(97CL527-5)
b. All vehicular access rights to Seapoint Street; Summit Drive, Garfield Avenue and
Peninsula Lane shall be released and relinquished to the City of Huntington Beach
except at private street intersections.
c. The sewer system within the private streets shall be owned and maintained by the
Homeowners Association.
d. The storm drain system within the private streets shall be owned and maintained by
the Homeowners Association.
e. 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.
f. 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.
g. All exterior landscaping improvements shall be installed and inspected.
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO.
15355•
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. Park and Recreation Fees shall be paid, or accrued credits assigned, prior to acceptance
of the final map by City Council.
3. Tentative Map No. 15355, Conditional Use Permit No. 96-76 and Coastal Development
Permit No. 96-17 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.
4. 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 Department of Community Development within two
(2) days of the Planning Commission's action.
(97CL527-6)
CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 96-76/COASTAL
DEVELOPMENT PERMIT NO. 96-17:
1. The site plan and fence plan received and dated May 14, 1997 and floor plans.and elevations
received and dated April 17, 1997 shall be the conceptually approved layout with the
following modifications:
a. The fence plan shall be revised to show that the courtyard wall on Lot No. 29 will
comply with the corner visibility requirement.
b. The floor plans shall revised so that the minimum 18 foot by 19 foot garage area is
unobstructed by any doors opening into the garage.
c. All rear and side elevations facing a street shall be architecturally enhanced to include
architectural projections, window treatment, reveals or other similar treatment.
d. 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)
e. 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)
f. 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.
g. All garage doors shall be of an automatic roll-up variety.
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).
(97CL527-7)
b. Names of streets shall be submitted to and approved by the Huntington Beach Fire
Department in accordance with City Specification No. 429. (FD)
c. Submit three (3) copies of the site plan and the processing fee to the Planning Division
for addressing purposes after street.name approval by the Fire Department.
d. All Fire Department requirements shall be noted on the building plans. (FD).
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 65 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). Units shall also comply with the State of California Noise Insulation
Standards. (Code Requirement)
f. 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. (PW)
(Code Requirement)
g. 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)
h. 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.
3. Prior to issuance of grading permits,the following shall be completed: (PV )
a. A grading plan,prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval:
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.
* Mitigatiog'Measure
(97CL527-8)
c. 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.
d. Final design elevations of grading shall not vary from elevations shown on the tentative
map by more than one(1)foot.
e. 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.
f. A soils anaysis, pursuant to Condition No. 2f, will be submitted to the Department of
Public Works.
g. In accordance with NPDES requirements, a."Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer and submitted for approval.
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 Department of
Community Development.
b. 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)
c. A reproducible mylar copy and a print of the recorded final map, along with a digital
graphics file of the recorded map, shall be submitted to the Department of Public Works.
(PW)
d. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. An erosion control plan shall be
submitted to the Department of Public Works. (PV )
e. 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.
Pei
(97CL527-9)
5. Prior to combustible construction, the following shall be completed:
a. All roadways shall be completed to the base course of asphalt. (FD)
b. Eight new fire hydrants shall be installed. (FD)
c. The water system shall be installed. (PW)
6. 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 (.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.
7. Prior to final building permit inspection and approval of the first residential unit, the following
shall be completed:
a. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
2) Address numbers will be installed to comply with City Specification No. 428. (FD)
3). Fire access roads will be provided in compliance with the Huntington Beach Fire Code
and City Specification#401. (FD)
b. On-site drainage shall not be directed to adjacent properties, but shall be handled by a
Public Works approved method. (PW)
*Mitigation Measure
(97CL527-10)
c. The developer shall submit a composite utility plan, showing water system
improvement and all other underground utilities including service connections for
water and sewer to each proposed building with driveways. The installation of the
water system shall be in accordance with applicable Uniform Plumbing Code, City
Ordinances, Public Works Standards and Water Division Facility Design Criteria.
The plans shall be approved by the Public Works Water Division and the City of
Huntington Beach Fire Department prior to construction. (PW)
d. All water improvements shall be designed and installed per the City of Huntington
Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW)
e. A minimum of 10 feet clear unobstructed paved or landscaped surface (no structures)
shall be maintained on either side of the proposed water main for maintenance
purposes. (PW)
f. The developer shall submit water system calculations with the project's first plan
check. (PW)
g. The placement of water meters within driveways is not permitted. (PW)
h. Manholes shall be constructed at the terminus of all sewer lines eight (8) inches or
greater in diameter(no clean-outs). (PW)
i. Summit Drive and Peninsula Lane shall be constructed to full width adjacent to tract
boundary. (PW)
j. All construction material shall be removed at the existing desilting basin. In addition,
the existing catch basin located on the east side of Seapoint Street, south of Garfield
Avenue, shall be repaired to Public Works satisfaction. (PW)
k. There shall be no trees or shrubs permitted within storm drain or sewer easement
areas. (PW)
1. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
m. 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.
n. The project will comply with all provisions of the Huntington Beach Fire Code and City
Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration.
(FD)
o. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.0? and City Specification No. 429 for new construction within the methane gas
overlay stricts. (FD)
f
(97CL527-11)
p. All units built on"flag lots" (buildings) that are farther than 150 feet from the nearest
street to the back of the building shall have automatic sprinklers installed throughout 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. .(Potentially the units on Lot Nos. 9, 18, 30, 43, 44 and 45 will require
sprinklers.) (FD)
q. Two emergency vehicle access points shall be required as shown on the plan. (FD)
8. In the event of a water line failure, the City shall not be responsible for:
a. Any vehicle (in an authorized or unauthorized parking space)that may be damaged.
b. Replacement of any ornate paving, curbing or landscaping, as this is the responsibility
of the Homeowners Association. (PW)
9. 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.
10. This Conditional Use Permit No. 96-76 and Coastal Development Permit No. 96-17 shall not
become effective until Code Amendment No. 96-2 has been approved by the California
Coastal Commission, and is in effect.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
. 1. Conditional Use Permit No. 96-76 and Coastal Development Permit No. 96-17 shall not
become effective until the ten day appeal period has elapsed and Code Amendment No. 96-2
has been approved by the California Coastal Commission, and is in effect.
2. Conditional Use Permit No. 96-76 and Coastal Development Permit No. 96-17 shall become
null and void unless exercised within one year of the date of final approval or such extension
of time as may be granted by the Director pursuant to a written request submitted to the
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. 96-76
and Coastal Development Permit No. 96-17, pursuant to a public hearing for revocation, if
any violation of these conditions or the Holly Seacliff Specific Plan or Municipal Code
occurs.
(97CL527-12)
4. All applicable Public Works fees shall be paid. (PW)
5. Traffic Impact Fees shall be paid, or accrued credits assigned, at the time of 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. 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. All new and any existing utilities shall be installed underground. (PW)
9. 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.
10. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
11. 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 Department of Community Development
within two (2) days of the Planning Commission's action.
*Mitigation Measure
(97CL527-13)
• i
W ON
Q
TORN
..
` ..
RCA ROUTING SHEET
INITIATING COMMUNITY DEVELOPMENT DEPARTMENT
DEPARTMENT:
SUBJECT: Consent for Pending Sale of the Residential
Project TT 15355 in the Holly Seacliff
Development Agreement Area
COUNCIL MEETING DATE: September 2, 1997
RCA ATTACHMENTS
STATUS
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 Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved.as to form by City Attomey) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
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 Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS:
.. .
REVIEWED RETURNED FOR DED
..._ ........ . .........
Administrative Staff ( )
Assistant City Administrator (Initial)
City Administrator (Initial) ,E
City Clerk ( )
EXP;LANATlON FOR ETRN OITMR
Only)(Below Space For City Clerk's Use
1