HomeMy WebLinkAboutElan Huntington Beach, LLC - 2013-07-01STATEtr,
r=__ `.� CALIFORNIA)
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COUNTY
ri ORANGE t�f�'t�
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
HUNTINGTON BEACH
INDEPENDENT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Huntington Beach, County of
Orange, and the State of California.
Attached to this Affidavit is a true and
complete copy as was printed and
published on the following date(s):
Thursday, July 25, 2013
certify (or declare) under penalty
of perjury that the foregoing is true
and correct.
Executed on July 30, 2013
at Los Angeles, California
SignaturE�
j (ITY OF HUNTINGTON
REM
,L NOTId
ORuIeAN(E NO, 390
Adopted by the City (ouniil
on DULY 15, 2013
AN ORDINANCE OF THE
CITY OF HUNTINGTON
BEACH 'ADOPTING A DE-
V E L 0 P "M E N T. ='
AGREEMENT BY AND:
BETWEEN THE'CITY OF
HUNTINGTON BEACH
AND ELAN HUNTINGTON
BEACH .(DEVELOPMENT
AGREEMENT' NO. 13-
001)" -
SYNOPSIS:
evl� o ment, Agreement
No. 13-001 represents a
request to enter into a_
Development Agreement
between the City of
Huntington, Beach, .and
Elan Huntington Beach,
LLC pursuant to.' ap-
provals for the, Elan
Project, a 274 unit'resi-
dential mixed use devel-
opment including six
.live -work. units, 8,500
square._„feet of retail
,space, a leasing. office
and private recreational
amenities including . a
public open space plaza
(formally known as the
Beach and EllisMixed
Use Project). The key
points of Development
Agreement No. 13-001
"include:
5-year effective,'term
(page 5, section 2)
Vests. developer's right
to construct, project in
accordance. with the, ap-
proved development
plan pursuant to ' Site
Plan Review 12-001, ap;,
proved ,' by , the City
Council on 'June 4, 2012,
(page 5, subject to
paragraphs 3.3 through
3.8)
- Provision of 27 afford-
able housing units,(page
7, section 5) -
The Elan Project is lo-
cated on an approx
imately'2.74-acre site at
the southeast'corner of
Beadh Blvd. •and . Ellis
Avenue. The former gas
,station and two-story
retail center have .been
demolished and excava-
tion is 'underway. In
2012 the Planning Com-
mission and City Council -
approved Site Plan Re-
view No: 12-001 subject
to conditions and miti-
gation measures.
PASSED AND ADOPTED
'by the City Council of
the City of Huntington
Beach' at a regular,
meeting held
July 15, 2013 by 'the
following roll call vote:
AYES: Sullivan, Harper,
Boardman, Carchio,
Shaw, Katapodis .
NOES: None
ABSTAIN: None""
ABSENT: Hardy
THE FULL TEXT OF THE
ORDINANCE IS AVAIL-
ABLE IN THE CITY
CLERK' OFFICE:
This ordinance is
effective 30 days after
' adoption.
CITY OF HUNTINGTON
"BEACH '
2000 MAIN STREET
HUNTINGTON BEACH;
CA 92648
714-536-5227'
JOAN L. FLYNN, CITY
CLERK
- - --
- - Published,
7/25/13
71
�< y
O Dept. Yb P 13 15 Page 1 of 4
Meeting Date: 7/1/2013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/1/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Approve Development Agreement No. 13-001 and approve for introduction
Ordinance No. 3982 adopting Development Agreement with Elan Huntington
Beach, LLC
Statement of Issue:
Transmitted for your consideration is a request to enter into a Development Agreement between the
City of Huntington Beach and Elan Huntington Beach LLC (developer) pursuant to approvals for the
Elan Project, a 274 multi -family residential mixed use development including six live/work units,
8,500 sq. ft. of retail, leasing office and private recreational amenities including a public open space
plaza (formally known as the Beach and Ellis Mixed Use Project.)
Financial Impact: Not Applicable
PLANNING COMMISSION AND STAFF RECOMMEND ACTION:
A) Approve Development Agreement No. 13-001 with findings for approval which includes
"Affordable Housing Agreement Restrictions -Rental (Declaration of Conditions, Covenants and
Restrictions for Property);" and,
B) Approve for introduction Ordinance No. 3982, "An Ordinance of the City of Huntington Beach
Adopting a Development Agreement By and Between the City of Huntington Beach and Elan
Huntington Beach LLC (Developer) (Development Agreement No. 13-001)."
Alternative Action(s):
The City Council may make the following alternative motions:
1. Continue Development Agreement No. 13-001 and direct staff accordingly.
2. Deny Development Agreement No. 13-001 with findings for denial.
Item 12. - 1 xB -170-
Dept. ID PL 13-015 Page 2 of 4
Meeting Date: 7/1/2013
Analysis:
A. PROJECT PROPOSAL:
Applicant: Greystar, Dan Milich, Senior Director — Development, 444 South Cedros Avenue,
Suite 172, Solano Beach, CA 92075
Location: 18502-18552 Beach Blvd, Huntington Beach, CA 92646 (southeast corner of Beach
and Ellis)
Development Agreement No. 13-001 represents a request to enter into a Development Agreement
between the City of Huntington Beach and Elan Huntington Beach, LLC pursuant to approvals for
the Elan Project, a 274 unit residential mixed use development including six live -work units, 8,500
square feet of retail space, a leasing office and private recreational amenities including a public
open space plaza (formally known as the Beach and Ellis Mixed Use Project). The key points of
Development Agreement No. 13-001 (Attachment No. 2) include:
- 5-year effective term (page 5, section 2)
- Vests developer's right to construct project in accordance with the approved development
plan pursuant to Site Plan Review 12-001, approved by the City Council on June 4, 2012,
(page 5, subject to paragraphs 3.3 through 3.8)
- Provision of 27 affordable housing units (page 7, section 5)
B. BACKGROUND:
The Elan Project is located on an approximately 2.74-acre site at the southeast corner of Beach
Blvd. and Ellis Avenue. The former gas station and two-story retail center have been demolished
and excavation is underway. In 2012 the Planning Commission and City Council approved Site
Plan Review No. 12-001 subject to conditions and mitigation measures.
C. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing to consider Development Agreement No. 13-001 at
their regular meeting on May 28, 2013. Staff gave an overview presentation of the development
agreement. No one spoke during the public hearing. The Commission had questions related to the
conditions of approval of Site Plan Review No. 12-001. Development Agreement No. 13-001 was
then approved by the Commission to forward the draft ordinance to the City Council.
Planning Commission Action on May 28, 2013:
The motion made by Franklin, seconded by Kalmick to approve Development Agreement No. 13-
001 with Findings for Approval and forward Draft Ordinance to the City Council for adoption carried
by the following vote:
AYES:
Bixby, Franklin, Kalmick, Pinchiff
NOES:
Peterson, Dingwall
ABSENT:
Mandic
ABSTAIN:
None
D. STAFF ANALYSIS AND RECOMMENDATION:
The Beach and Edinger Corridors Specific Plan, requires that a minimum of 10 percent of total units
be provided as affordable housing for new residential development of three or more units.
Condition No. 6.b. of Site Plan Review No. 12-001 states that an affordable housing agreement be
Hs -1 7 1- Item 12. - 2
Dept. ID PL 13-015 Page 3 of 4
Meeting Date: 7/1/2013
approved by the City Council and recorded on the property to provide affordable dwelling units in
accordance with the Specific Plan. The proposed agreement as submitted complies with this
condition.
Consistency with the Beach and Edinger Corridors Specific Plan and General Plan
The City is authorized pursuant to California Government Code Section 65864 et. Seq. and Chapter
246 of the Huntington Beach Zoning and Subdivision Ordinance to enter into binding development
agreements with persons or entities owning legal interests in real property located within the City.
The objective of a development agreement is to provide assurances that an applicant can proceed
with a project in accordance with existing policies and standards in place at the time of project
approval. The City and developer desire to enter into a development agreement for the subject site
in order to achieve the mutually beneficial development of the property and ensure that the project
is developed in accordance with the approval project pursuant to Site Plan Review No. 12-001.
The development agreement would be effective for five years and vests the developer's right to
construct the project pursuant to the terms of the agreement related to the affordable housing
condition. Development Agreement No. 13-001 references the project pursuant to Site Plan
Review No. 12-001. The development agreement is consistent with the General Plan land use
designation as it relates to the approved project's consistency with the General Plan.
Affordable Housing
The project is required to provide affordable housing in accordance with SP 14 and conditions of
approval for the project. Of the 274 total units, the project will provide the equivalent of 27.4
affordable units. A total of 27 units will be developed onsite. The applicant will pay the fractional
portion of 0.4 of the 10 percent requirement, which is $94,360. The units will be available to
moderate income level households. The development agreement stipulates these requirements in
addition to the 55-year affordability period and the timing for which the affordable units shall be
constructed. The development agreement also includes a separate affordable housing agreement
exhibit to be recorded, which further specifies details for the affordable units including income
requirements, household size and the timing for the affordability period to take effect.
Traffic Fees
The project is required to provide traffic mitigation fees in accordance with mitigation measures
adopted pursuant to BECSP Program EIR No. 08-008. The traffic mitigation fees will provide for
the project's fair share contribution to circulation system improvements necessary to mitigate traffic
impacts resulting from implementation of the BECSP. Condition No. 6.b required that the traffic
impact fees be included in the development agreement. This was required because the Citywide
impact fee update had not yet been approved by City Council and there was uncertainty as to what
the new fees would be and how they would apply. Because the fee is now adopted, the traffic
impact fee item as part of Condition No. 6.b is no longer necessary as part of the development
agreement; however, payment of the fees ($129,767.12) is still ensured through compliance with
the mitigation measures and standard code requirements.
SUMMARY:
Staff recommends approval of Development Agreement No. 13-001 because it is:
• Consistent with the General Plan;
• Conforms to the provisions of Chapter 246 Development Agreements of the Huntington
Beach Zoning and Subdivision Ordinance;
• Consistent with the approved project and the Conditions of Approval and Mitigation
Measures adopted pursuant to Site Plan Review No. 12-001 and Environmental Impact
Report No. 10-004; and
Item 12. - 3 xB -1 72-
Dept. ID PL 13-015 Page 4 of 4
Meeting Date: 7/1/2013
Ensures the mutually beneficial development of the approved project and serves the
affordable housing needs of the community by providing 27 affordable housing units.
Environmental Status:
The affordable housing requirements/agreement, which are executed via the proposed
development agreement, was included in the scope of the proposed project's Environmental Impact
Report (EIR No. 10-004) certified by the City Council on February 6, 2012_
Strategic Plan Goal:
Enhance economic development
Attachment(s):
1. Findings of Approval — Development Agreement No. 13-001
2. Ordinance No. 3982 "An Ordinance of the City of Huntington Beach Adopting a Development
Agreement By and Between the City of Huntington Beach and Elan Huntington Beach LLC
(Developer) (Development Agreement No. 13-001)."
3. Planning Commission Staff Report dated May 28, 2013
4. Site Plan Review No. 12-001 — Notice of Action with Findings, Conditions of Approval, and
Mitigation Measures
5. PowerPoint Presentation
SH:KDC:MBB:RM
xB -173- Item 12. - 4
ATTACHMENT-#l
Item 12. - 5 HB -174-
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL
DEVELOPMENT AGREEMENT NO. 13-001
SUGGESTED FINDINGS FOR CEQA:
The City Council finds that the proposed development agreement, which executes the required
affordable housing agreement, is included in the scope of the proposed project's
Environmental Impact Report (EIR No. 10-004) certified by the City Council on February 6,
2012.
SUGGESTED FINDING FOR APPROVAL — DEVELOPMENT AGREEMENT NO. 13-001
The development agreement is consistent with the General Plan and Beach and Edinger
Corridor Specific Plan. Development Agreement No. 13-001 provides for construction of the
Elan project, which complies with approved Site Plan Review No. 12-001 and was found to
conform to the goals and policies of the General Plan as approved by the City Council on June
4, 2012. The development agreement ensures the construction of 27 affordable housing units
within the project in accordance with the provisions of the Specific Plan for a 55 year period.
The development agreement is consistent with the following General Plan.
A. Housing Element
Goal H 2: Provide adequate housing sites to accommodate regional housing needs.
Goal H 3: Assist in development of affordable housing.
Policy H 2.2: Facilitate the development of mixed use projects in appropriate
commercial areas, including stand-alone residential development (horizontal mixed use)
and housing above ground floor commercial uses (vertical mixed use). Establish mixed
use zoning regulations.
Policy H 3.1: Encourage the production of housing that meets all economic segments
of the community, including lower, moderate, and upper income households, to maintain
a balanced community.
B. Land Use Element
Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open
spaces in the City.
Goal LU 4.2.4: Require that all development be designed to provide adequate space for
access, parking, supporting functions, open space, and other pertinent elements.
HB - l 75- Item 12. - 6
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability,
while maintaining the City's environmental resources and scale and character.
Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a
distinct identity for the City's neighborhoods, corridors, and centers.
Policy LU 8.1. 9: Accommodate land use development in accordance with the patterns
and distribution of use and density depicted on the Land Use Plan Map, in accordance
with the principles discussed below:
a. Not applicable
b. Vary uses and densities along the City's extended commercial corridors, such as
Beach Boulevard.
c. Increase diversification of community and local commercial nodes to serve
adjacent residential neighborhoods.
d. Not applicable
e. Intermix uses and densities in large-scale development projects.
f. Site development to capitalize upon potential long-term transit improvements.
g. Establish linkages among community areas, which may include pedestrian and
vehicular paths, landscape, signage, other streetscape elements, open space,
transitions, in form, scale, and density of development, and other elements.
Goal LU 9: Achieve the development of a range of housing units that provides for the
diverse economic, physical, and social needs of existing and future residents of
Huntington Beach.
Policy LU 9.9.4: Require that recreational and open space amenities be incorporated in
new multi -family developments and that they be accessible to and of sufficient size to
be usable by all residents.
Goal LU 11: Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and reduce the need for
automobile use.
The development agreement would ensure that affordable housing is developed in accordance
with the approved project and condition of approval requiring affordable housing. The project
as a whole will provide an alternative housing choice for those wanting to live closer to public
transportation, services and commercial retail, which encourages less reliance on automobile
travel. The development agreement would guarantee that the project provides 27 on -site
affordable units. In doing so, these units will satisfy the affordable housing obligations while
providing housing for moderate income households.
Item 12. - 7 xB -1 76_
iF
ORDINANCE NO. 3982
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND ELAN HUNTINGTON BEACH
(DEVELOPMENT AGREEMENT NO. 13-001)
WHEREAS, the City Council approved Site Plan Review No. 12-001 to develop an
approximately 2.74 acre property located at 18502-18552 Beach Boulevard, Huntington Beach,
California ("Property"), with 274 apartment units, including live work units, with a leasing office
and private and public recreation and open space areas and 8,500 square feet of commercial area
("Project"), pursuant to the City of Huntington Beach Zoning and Subdivision Ordinance; and
The City and Elan Huntington Beach, LLC, a Delaware limited liability company
("Developer") each mutually desire to enter into a Development Agreement with one another to
pen -nit and ensure that the Property is developed in accordance with the approved Site Plan No.
12-001 and the City's zoning regulations to achieve the mutually beneficial development of the
Property,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the City Council hereby finds that Development Agreement No. 13-
001 conforms to Government Code Section 65864 et. seq. and that:
a. Development Agreement No. 13-001 is consistent with the Huntington Beach
General Plan; and
b. Development Agreement No. 13-001 is consistent with Chapter 246 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the
Huntington Beach Municipal Code; and
Development Agreement No. 13-001 will not be detrimental to the health, safety
and general welfare, and will not adversely affect the orderly development of the
property because it is consistent with applicable land use regulations of the zoning
regulations in effect at the time of project approval, mitigation measures adopted
for the Project in accordance with EIR No.10-004, and conditions approved for
Site Plan Review No.12-001; and
d. The City Council has considered the fiscal effect of Development Agreement No.
13-001 on the City and the effect on the housing needs of the region in which the
City is situated and has balanced these needs against the public service needs of
its residents and available fiscal and environmental resources.
13-3733/95388.doc
Ordinance No. 3982
SECTION 2. Based on the above findings, the City Council of the City of Huntington
Beach hereby approves Development Agreement No. 13-001 and adopts it by this ordinance
pursuant to Government Code Section 65867.5. This action is subject to a referendum.
SECTION 3. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15 thday of July , 2013.
ATTEST:
Exhibit A: Development Agreement No. 13-001
Mayor
APPROVED AS TO FORM:
. � City Attor ey
INITIATE AN PPROVED: J
Director f Planning and Building
13-3733/95388.doe 2
This Document was electronically recorded by
. City of Huntington Beach
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Attention: Director of Planning and Building
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
1900 Main Street, 5th Floor
Irvine, California 92614-7321
Attention: R. Michael Joyce, Esq.
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIIIIIIIIIII1111111111111111111111111111111111111111111111111IIINO FEE
2013000411578 12:11 pm 07/09/13
66 401 Al2 23
0.00 0.00 0.00 0.00 66.00 0.00 0.00 0.00
(Space Above For Recorder's Use)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made in Orange County,
California, as of LtL p , 2013, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation ot the State of California (the "City") and ELAN HUNTINGTON
BEACH, LLC, a Delaware limited liability company (the "Property Owner").
RECITALS:
A. The City is authorized pursuant to Government Code sections 65864 through
65869.5 and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 246 to
enter into binding development agreements with persons or entities owning legal interests in real
property located within the City.
B. Property Owner is the owner of that certain real property more particularly
described in Exhibit A attached hereto and incorporated herein by this reference (the "Property")
C. The City and the Property Owner each desire to enter into this Agreement
affecting the Property in conformance with Government Code section 65864 et seq. and HBZSO
246 in order to achieve the mutually beneficial development of the Property in accordance with
this Agreement.
D. The Property Owner seeks to develop a project on the Property consisting of up to
274 dwelling units and live work units, 8,500 square feet of ground floor commercial uses, as
more particularly set forth in the Development Plan (collectively, the "Project"), attached as
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Exhibit B and incorporated herein, all in accordance with City regulations, as may be amended
from time to time.
E. The City Council of the City (the "City Council") previously certified an
environmental impact report No. 10-004 (the "EIR") for an area which includes the Project site,
and the Planning Commission has conducted and approved an Environmental Assessment/Initial
Study Checklist ("EA") for the Project in connection with the Planning Commission's approval
of Site Plan Review 12-01 pursuant to the Beach and Edinger Corridors Specific Plan (BECSP),
Town Center Neighborhood segment.
F. The City and the Property Owner each mutually desire to obtain the binding
agreement of one another to permit and ensure that the Property is developed strictly in
accordance with the provisions of this Agreement.
G. This Agreement will benefit the Property Owner and the City by eliminating
uncertainty in planning and providing for the orderly development of the Project. Specifically,
this Agreement (1) eliminates uncertainty about the validity of exactions to be imposed by the
City, (2) provides for the construction of needed affordable housing, (3) ensures that
development of the Property occurs within a reasonable timeframe, and (4) generally serves the
public interest within the city and the surrounding region.
H. The Planning Commission and City Council have each given notice of their
intention to consider this Agreement, and have each conducted public hearings thereon pursuant
to the relevant provisions of the Government Code. The City Council has found that the
provisions of this Agreement are consistent with the City's 1996 General Plan for development
within the City, as amended (the "General Plan") and City zoning ordinances, as amended. The
Planning Commission and City Council have also specifically considered the impacts and
benefits of the Project -upon the welfare of the residents of the City and the surrounding region.
The City Council has determined that this Agreement is beneficial to the residents of the City
and is consistent with the present public health, safety and welfare needs of the residents of the
City and the surrounding region.
I. On May 28 , 2013, the Planning Commission held a duly noticed
public hearing on this Agreement.
On July 01 , 2013, the City Council held a duly noticed public
hearing on this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals which are hereby
incorporated into the operative provisions of this Agreement by this reference and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City
and the Property Owner agree as follows:
1. Definitions.
1.1. "Affordable Dwelling Units" shall mean a Dwelling Unit available at
Affordable Rent.
977967.03/OC
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1.2. "Affordable Housing Agreement" shall collectively mean that certain
Affordable Housing Agreement Restrictions —Rental (Declaration of Covenants, Conditions and
Restrictions for Property) (AHARR) by and between the HBHA, the City and the Property
Owner together with all attachments thereto, which was approved as to form as part of this
Development Agreement. AHARR shall also include any and all amendments or modifications
thereto.
1.3. "Affordable Rent" shall have the same meaning set forth in California
Health and Safety Code section 50053, as more specifically set forth in the Agreement
Containing Covenants Affecting Real Property to be attached to the Affordable Housing
Agreement.
1.4. "Applicable Rules" shall mean the rules, regulations, ordinances and
official policies of the City which were in force as of the Effective Date (as defined below),
including, but not limited to, the General Plan, City zoning ordinances and other entitlements,
development conditions and standards, public works standards, subdivision regulations, grading
requirements, and provisions related to density, growth management, environmental
considerations, and design criteria applicable to the Project. Applicable Rules shall not include
building standards adopted by the City pursuant to Health and Safety Code sections 17922 and
17958.5.
1.5. "Area Median Income" shall mean the area median income for the County
of Orange ("County") as published annually by the California Department of Housing and
Community Development and determined in accordance with the U.S. Department of Housing
and Urban Development criteria then in effect and published from time to time. For purposes of
this Agreement, the qualifying limits shall be those limits for the County, as set forth in Title 25,
California Code of Regulations, section 6932, as that section may be amended, modified or
recodified from time to time. If the California Code of Regulations is amended or modified
during the term of this Agreement so that such regulations do not specify the area median income
from the County, the City shall negotiate in good faith to determine an equivalent authoritative
source which determines median income for the County.
1.6. "City Council" shall mean the City Council of the City.
1.7. "City Manager" shall mean the City Manager of the City.
1.8. "County" shall mean Orange County.
1.9. "Development Impact Fees" shall mean and include all fees charged by the
City in connection with the application, processing and approval or issuance of permits for the
development of property, including, without limitation: application fees; permit processing fees;
inspection fees; utility capacity fees; service or connection fees; library/cultural enrichment fees;
traffic impact fees; development impact or major facilities fees; park fees; flood control fees;
environmental impact mitigation fees; and any similar governmental fees, charges and exactions
required for the development of the Project.
1.10. "Development Plan" shall mean Site Plan Review No. 12-001 approved by
the City.
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1.11. "Discretionary Actions" and "Discretionary Approvals" shall mean those
actions and approvals which require the exercise of judgment, or imposition of a condition or
obligation, by any officer, employee, review board, commission or department of the City.
Discretionary Actions and Discretionary Approvals are distinguished from activities or approvals
which merely require any officer, employee, review board, commission or department of the City
to determine whether or not there has been compliance with applicable statutes, ordinances,
regulations or conditions of approval.
1.12. "Dwelling Unit" shall mean a place in the Project that is legally available
to be rented by a person or family.
1.13. "Effective Date" shall mean the date on which the ordinance approving
this Agreement has been adopted by the City.
1.14. "HBHA" shall mean the Housing Authority of the City of Huntington
Beach.
1.15. "Moderate Income Household" shall mean persons and families whose
income conforms to the qualifying limits defined by California Health and Safety Code Section
50093(b) and set forth in Title 25, California Code of Regulations, Section 6932, as that section
may be amended, modified or recodified from time to time. Generally, Moderate Income
Household means income that exceeds eighty percent (80%) of the Area Median Income but
does not exceed one hundred twenty percent (120%) of the Area Median Income, adjusted for
family size by the California Department of Housing and Community Development ("HCD") in
accordance with adjustment factors and adopted and amended from time to time by the United
States Department of Housing ("HUD") pursuant to Section 8 of the United States Housing Act
of 1937.
1.16. "Market Rate Rental Dwelling Unit" shall mean those Dwelling Units in
the Project that are not Affordable Dwelling Units nor governed by the Affordable Housing
Agreement.
1.17. "Periodic Review" shall have the meaning assigned to such term in
Paragraph 10(a).
1.18. "Planning Commission" shall mean the Planning Commission of the City.
1.19. "Project" shall mean that development contemplated pursuant to the
Development Plan, attached as Exhibit B.
1.20. "Recession" shall mean an economic recession as determined by the
National Bureau of Economic Research, or any successor organization charged with the duty of
determining the state of the United States economy.
1.21. "Subsequent Rules" shall mean the rules, regulations, ordinances and
official policies of the City, adopted and becoming operative after the Effective Date, including,
but not limited to, the General Plan, the Specific Plan, City zoning ordinances and other
entitlements, development conditions and standards, public works standards, subdivision
977967.03/OC
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regulations, grading requirements, and other provisions related to density, growth management,
environmental considerations, and design criteria.
2. Term of Agreement. This Agreement shall become operative and commence
upon the Effective Date and remain in effect for a term of five (5) years. Except for continuing
obligations regarding affordable housing covenants and requirements, upon the expiration or
termination of the term, this Agreement shall be deemed terminated and have no further force
and effect.
3. Vested Right to Develop the Project. Subject to Paragraphs 3.3 through 3.8,
below, and the Applicable Rules, the City hereby grants to the Property Owner the vested right to
develop the Project on the Property to the extent and in the manner provided in this Agreement.
Subject to Paragraphs 3.3 through 3.8, below, any change in the Applicable Rules adopted or
becoming effective after the Effective Date (Subsequent Rules) shall not be applicable to or
binding upon the Projector the Property. Subject to Paragraphs 3.3 through 3.8, below, this
Agreement will bind the City to the terms and obligations specified in this Agreement and will
limit, to the degree specified in this Agreement and under state law, the future exercise of the
City's ability to regulate development of the Project.
3.1. No Conflicting Enactments. Subject to Paragraphs 3.3 through 3.8, below,
neither the City Council nor any department of the City shall enact rules, regulations, ordinances
or other measures which relate to the rate, timing, sequencing, density, intensity or configuration
of the development of any part of the Project which is inconsistent or in conflict with this
Agreement during the term of this Development Agreement.
3.2. Initiative Measures. Subject to Paragraphs 3.3 through 3.8, below, the
Property Owner and the City intend that no moratorium or other limitation (whether relating to
the rate, timing or sequence of the development of all or any'part of the Project and whether
enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative,
vesting tentative or final), building permits, certificates of occupancy or other entitlements shall
apply to the Project to the extent such moratorium or other limitation is inconsistent or conflicts
with this Agreement.
3.3. Federal or State Laws. Notwithstanding any provision to the contrary
contained herein, the City expressly reserves the right to modify any of the Applicable Rules to
the extent necessary to comply with applicable federal or state laws, codes or regulations which
preempt local jurisdiction including, by way of example, and without limiting the generality of
the foregoing, the California Environmental Quality Act, all building codes, and any safety
regulations, but such modifications shall be made only to the extent required thereunder.
3.4. Emergency. Notwithstanding any provision to the contrary contained
herein, the City expressly reserves the right to apply to the Project any development moratorium,
limitation on the delivery of City -provided utility services, or other generally applicable
emergency rule, regulation, law or ordinance affecting land use: (1) which is based on genuine
health, safety and general welfare concerns (other than general growth management issues); (2)
which arises out of a documented emergency situation, as declared by the President of the United
States, Governor of California, or the Mayor, City Council or City Manager of the City; and (3)
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based upon its terms or its effect as applied, does not apply exclusively, primarily or
disproportionately to the Project or the Property.
3.5. Project Completion. This Agreement and the EIR and associated findings,
are based on the expectation that the Project will be constructed as follows: up to 274 Market
Rate Rental Dwelling Units including six (6) live/work units, 27 Affordable Dwelling Units and
up to 8,500.square feet of ground floor commercial space will be completed for occupancy
during the term of the Agreement.
3.6. Public Health Concerns. Notwithstanding any provision to the contrary
contained herein, the City expressly reserves the right to apply to the Project any generally
applicable rule, regulation, law or ordinance which does not affect the land use or development
of the Project and which is based on concerns for the public health, safety or general welfare,
including, but not limited to, building codes not otherwise preempted by State law.
3.7. New EngineeringLand Construction Standards. Notwithstanding any
provision to the contrary contained herein, the City expressly reserves the right to modify any of
the Applicable Rules if the City adopts new and/or amended regulations governing engineering
and construction and grading standards and specifications including, without limitation, any and
all uniform codes adopted by the City, including local amendments to these codes pursuant to
state law allowing for such amendments; provided that such codes are uniformly applied to all
new development projects of similar type as the Project within the City and provided further that
any such modifications to grading standards can only be imposed prior to grading and any such
modifications to engineering or construction standards can only be applied prior to the initiation
of construction. Such codes include, without limitation, the City's Uniform Housing Code,
Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code.
3.8. Cooperation and Indemnification. The City agrees to cooperate with the
Property Owner in all reasonable manners in order to keep this Agreement in full force and
effect. Notwithstanding the preceding sentence, in the event any legal action instituted by a third
party or other government entity or official challenging the validity of this Agreement, the City
and the Property Owner agree to cooperate in defending such action, with the Property Owner to
indemnify the City pursuant to Paragraph 15 of this Agreement. In the event of any litigation
challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall
remain in full force and effect while such litigation, including any appellate review, is pending,
unless a court of competent jurisdiction orders otherwise.
4. Development of the Property.
(a) Permitted Uses. The Property Owner agrees that the Property shall only
be developed in accordance with the Development Plan and any conditions and mitigation
measures imposed on the Project through final approval of the Project, and the provisions of this
Development Agreement. Notwithstanding anything set forth in this Agreement to the contrary,
unless the Property Owner proceeds with development of the Property, the Property Owner is not
obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the
Project, pay any sums of money, dedicate any land, indemnify any party, or to otherwise meet or
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perform any obligation with respect to the Project, except and only as a condition of
development of any portion of the Project.
(b) Development Standards. All development and design requirements and
standards applicable to the Project shall conform to the Development Plan and any conditions
and mitigation measures imposed on the Project, the Huntington Beach Municipal Code, and any
Applicable Rules.
(c) Development Impact Fees. In addition to the obligations set forth
elsewhere in this Agreement, the Property Owner shall be responsible for paying when due all
Development Impact Fees in connection with development of the Project at the rates in effect on
the Effective Date. Subject to all applicable laws then in effect, the City shall have the right to
charge and apply to the Property all Development Impact Fees as may be in effect on the
Effective Date.
5. Affordable Housing. It is the intent of the parties that the Affordable Dwelling
Units shall be constructed concurrently with the Market Rate Rental Dwelling Units. The
Project is subject to the requirement of providing a total of 27 Affordable Dwelling Units, all of
which shall be rental units and must remain Affordable Dwelling Units for at least fifty-five (55)
years. The City and the Property Owner agree as a condition precedent to Development that an
Affordable Housing Agreement be executed to memorialize the terms and conditions of the
affordable housing components (attached hereto as Exhibit Q. The Property Owner will provide
affordable units for rent, which shall be made available to and occupied by Moderate Income
Households. The Property Owner agrees to record said affordability covenant and Deed of Trust
in favor of the City to assure that affordability covenant runs with the land and remains in effect
for the affordability period. The Property Owner agrees to comply with all terms and provisions
of the Affordable Housing Agreement and its attachments and acknowledges that any default
thereunder shall also constitute a default under this Agreement.
It is contemplated that multiple temporary final inspections (to allow for occupancy) will
be sought during the construction of the Project. When each temporary final inspection (to allow
for occupancy) is sought, approximately ten percent (10%) of the units for which it is sought will
be Affordable Dwelling Units.
6. Extension of Project Approvals. Unless a longer term would result under.
otherwise applicable state law, the term of any permits approved as part of the Project approvals
shall be automatically extended for the term of this Agreement.
7. Subsequent Discretionary Action and Approval. The City agrees not to
unreasonably withhold, condition or delay any Discretionary Action or Discretionary Approval
or other action or approval by the City which may be required by the Project subsequent to the
execution of this Agreement. Upon the filing of a complete application and payment of
appropriate processing fees by the Property Owner, the City shall promptly commence and
diligently schedule and convene all required public hearings in an expeditious manner consistent
with the law and process all Discretionary Actions and Discretionary Approvals in an
expeditious manner.
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8. Compliance Review.
(a) Periodic Review. Pursuant to Government Code section 65865.1, the City
Manager or his or her designee shall, not less than once in every twelve (12) months, review the
Project and this Agreement to ascertain whether or not the Property Owner is in full compliance
with the terms of the Agreement (the "Periodic Review").
(b) . Review Procedure. During a Periodic Review, the Property Owner shall
provide information reasonably requested by the City Manager or his or her designee that the
Project is being developed in good faith compliance with the terms of this Agreement. If, as a
result of a Periodic Review, the City finds and determines on the basis of substantial evidence
that the Property Owner has not complied in good faith with the terms or conditions of this
Agreement, the City shall issue a written "Notice of Non -Compliance" to the Property Owner
specifying the grounds therefore and all facts demonstrating such non-compliance. The Property
Owner's failure to cure the alleged non-compliance within sixty (60) days after receipt of the
notice, or, if such noncompliance is not capable of being cured within sixty (60) days, the
Property Owner's failure to initiate all actions required to cure such non-compliance within sixty
(60) days after receipt of the notice and completion of the cure of such non-compliance within
one hundred twenty (120) days, shall constitute a default under this Agreement on the part of the
Property Owner and shall constitute grounds for the termination of this Agreement by the City as
provided for below. If requested by the Property Owner, the City agrees to provide to the
Property Owner a certificate that the Property Owner is in compliance with the terms of this
Agreement, provided the Property Owner reimburses the City for all reasonable and direct costs
and fees incurred by the City with respect thereto.
(c) Termination or Modification for Non -Compliance. Pursuant to
Government Code section 65865.1, if the City Council finds and determines, on the basis of
substantial evidence, that the Property Owner has not complied in good faith with the terms or
conditions of this Agreement, the City Council may modify or terminate this Agreement. Any
action by the City with respect to the termination or modification of this Agreement shall comply
with the notice and public hearing requirements of Government Code section 65867 in addition
to any other notice required by law. Additionally, the City shall give the Property Owner written
notice of its intention to terminate or modify this Agreement and shall grant the Property Owner
a reasonable opportunity to be heard on the matter and to oppose such termination or
modification by the City.
9. Modification Amendment. Cancellation or Termination.
9.1. Amendment and Cancellation. Pursuant to Government Code section
65868, this Agreement may be amended or canceled, in whole or in part, by mutual written
consent of the City and the Property Owner or their successors in interest. Public notice of the
parties' intention to amend or cancel any portion of this Agreement shall be given in the manner
provided by Government Code section 65867. Any amendment to the Agreement shall be
subject to the provisions of Government Code section 65867.5.
9.2. Modification. The City Planning and Building Director, with the consent
of the Property Owner, may make minor modifications to the Agreement without the need for
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formal action by the City's Planning Commission or City Council as long as such modifications
do not alter the Term of this Development Agreement, the permitted uses, density or intensity of
uses, the maximum height or size of buildings, provisions for reservations or Dedication of land,
conditions, terms, restrictions and requirements relating to Subsequent Discretionary Actions and
Approvals, and monetary contributions by the Property Owner.
10. Defaults, Notice and Cure Periods, Events of Default and Remedies.
10.1. Default By the Property Owner.
10.1.1. Default. If the Property Owner does not perform its obligations
under this Agreement in a timely manner, the City may exercise all rights and remedies provided
in this Agreement, provided the City shall have first given written notice to the Property Owner
as provided in Paragraph 15(a) hereof.
10.1.2. Notice of Default. If the Property Owner does not perform its
obligations under this Agreement in a timely manner, the City through the City Manager may
submit to the Property Owner a written notice of default in the manner prescribed in Paragraph
15(a) identifying with specificity those obligations of the Property Owner under this Agreement
which have not been timely performed. Upon receipt of any such written notice of default, the
Property Owner shall promptly commence to cure the identified default( s) at the earliest
reasonable time after receipt of any such written notice of default and shall complete the cure of
any such default(s) no later than sixty (60) days after receipt of any such written notice of
default, or if such default(s) is not capable of being cured within sixty (60) days, no later than
one hundred twenty (120) days after receipt of any such written notice of default, provided the
Property Owner commences the cure of any such default(s) within such sixty (60) day period and
thereafter diligently pursues such cure at all times until any such default(s) is cured.
10.1.3. Failure to Cure Default Procedure. If after the cure period
provided in Paragraph 10.1.2 has elapsed, the City Manager finds and determines the Property
Owner, or its successors, transferees and/or assignees, as the case may be, remains in default and
that the City intends to terminate or modify this Agreement, or those transferred or assigned
rights and obligations, as the case may be, the City's Planning and Building, Director shall make a
report to the Planning Commission and then set a public hearing before the Planning
Commission in accordance with the notice and hearing requirements of Government Code
sections 65867 and 65868. If after public hearing, the Planning Commission finds and
determines, on the basis of substantial evidence, that the Property Owner, or its successors,
transferees and/or assigns, as the case may be, has not cured a default under this Agreement
pursuant to this Paragraph 10, and that the City shall terminate or modify this Agreement, or
those transferred or assigned rights and obligations, as the case may be, the Property Owner, and
its successors, transferees and/or assigns, shall be entitled to appeal that finding and
determination to the City Council. Such right of appeal shall include, but not be limited to, an
objection to the manner in which the City intends to modify this Agreement if the City intends as
a result of a default of the Property Owner, or one of its successors or assigns, to modify this
Agreement. In the event of a finding and determination that all defaults are cured, there shall be
no appeal by any person or entity. Subject to Paragraph 4(a) above, nothing in this Paragraph 10
or this Agreement shall be construed as modifying or abrogating the City Council's review of
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Planning Commission actions or limiting the City's rights and remedies available at law or in
equity, which shall include (without limitation) compelling the specific performance of the
Property Owner's obligations under this Agreement.
10.1.4. Termination or Modification of Agreements. The City may
terminate or modify this Agreement, or those transferred or assigned rights and obligations, as
the case may be, after such final determination of the City Council or, where no appeal is taken,
after the expiration. of the applicable appeal periods described herein. There shall be no
modifications of this Agreement unless the City Council acts pursuant to Government Code
sections 65967.5 and 65868, irrespective of whether an appeal is taken as provided herein.
10.1.5. Lender Protection Provisions.
.10.1.5.1. Notice of Default. In addition to the notice provisions
set forth in Paragraph 15(a)(2), the City shall send a copy of any notice of default sent to the
Property Owner or any of its successors or assigns to any lender that has made a loan then
secured by a deed of trust against the Property, or a portion thereof, provided such lender shall
have (a) delivered to the City written notice ill the manner provided in Paragraph 15(a) of such
lender's election to receive a copy of any such written notice of default and (b) provided to the
City a recorded copy of any such deed of trust. Any such lender that makes a loan secured by a
deed of trust against the Property, or a portion thereof, and delivers a written notice to the City
and provides the City with a recorded copy of any such deed of trust in accordance with the
provisions of this Paragraph 10.1.5.1 is herein referred to as a "Qualified Lender."
10.1.5.2. Right of a Qualified Lender to Cure a Default. The
City shall send a written notice of any Property Owner default to each Qualified Lender. From
and after receipt of any such written notice of default, each Qualified Lender shall have the right
to cure any such default within the same cure periods as provided to the Property Owner
hereunder. If the nature of any such default is such that a Qualified Lender cannot reasonably
cure any such default without being the owner of the Property, or the applicable portion thereof,
(as reasonably determined by the City), then so long as the Qualified Lender(s) is (are) diligently
proceeding (as reasonably determined by the City) to foreclose the lien of its deed of trust against
the owner of the Properly, or the applicable portion thereof, and after completing any such
foreclosure promptly commences the cure of any such default and thereafter diligently pursues
the cure of such default to completion, then such Qualified Lender shall have an additional one
hundred twenty (120) days following such foreclosure to cure any such default.
10.1.5.3. Exercise of the City's Remedies. Notwithstanding any
other provision of this Agreement, the City shall not exercise any right or remedy to cancel or
amend this Agreement during any cure period.
10.2. Default by the City.
10.2.1. Default. In the event the City does not accept, process or render
a decision in a timely manner on necessary development permits, entitlements, or other land use
or building approvals for use as provided in this Agreement upon compliance with the
requirements therefore, or as otherwise agreed to by the City and the Property Owner, or the City
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otherwise defaults under the provisions of this Agreement, subject to Paragraph 10.3, the
Property Owner shall have all rights and remedies provided herein or by applicable law, which
shall include compelling the specific performance of the City's obligations under this Agreement
provided the Property Owner has first complied with the procedures in Paragraph 10.2.2.
10.2.2. Notice of Default. Prior to the exercise of any other right or
remedy arising out of a default by the City under this Agreement, the Property Owner shall first
submit to the City a written notice of default stating with specificity those obligations which
have not been performed under this Agreement. Upon receipt of the notice of default, the City
shall promptly commence to cure the identified default(s) at the earliest reasonable time after
receipt of the notice of default and shall complete the cure of such default(s) no later than thirty
(30) days after receipt of the notice of default, or such longer period as is reasonably necessary to
remedy such default(s), provided the City shall continuously and diligently pursue each remedy
at all times until such default(s) is cured. In the case of a dispute as to whether the City is in
default under this Agreement or whether the City has cured the default, or to seek the
enforcement of this Agreement, the City and the Property Owner may submit the matter to
negotiation/mediation pursuant to Paragraph 15(o) of this Agreement.
10.3. Monetary Damages. The Property Owner and the City acknowledge that
neither the City nor the Property Owner would have entered into this Agreement if either were
liable for monetary damages under or with respect to this Agreement or the application thereof.
Both the City and the Property Owner agree and recognize that, as a practical matter, it may not
be possible to determine an amount of monetary damages which would adequately compensate
the Property Owner for its investment of time and financial resources in planning to arrive at the
kind, location, intensity of use, and improvements for the Project, nor to calculate the
consideration the City would require to enter into this Agreement to justify such exposure.
Therefore, the City and the Property Owner agree that neither shall be liable for monetary
damages under or with respect to this Agreement or the application thereof and the City and the
Property Owner covenant not to sue for or claim any monetary damages for the breach of any
provision of this agreement. The foregoing waiver shall not be deemed to apply to any fees or
other monetary amounts specifically required to be paid by the Property Owner to the City
pursuant to this Agreement, including, but not limited to, any amounts due pursuant to Paragraph
15(g) and 15(m). The foregoing waiver shall also not be deemed to apply to any fees or other
monetary amounts specifically required to be paid or credited by the City to the Property Owner
pursuant to this Agreement, including, but not limited to any fee credits specifically required to
be credited by the City to the Property Owner or its assignee(s).
11. Administration of Agreement and Resolution of Disputes. The Property Owner
shall at all times have the right to appeal to the City Council any decision or determination made
by any employee, agent or other representative of the City concerning the Project or the
interpretation and administration of this Agreement. All City Council decisions or
determinations regarding the Project or the administration of this Agreement shall also be subject
to judicial review pursuant to Code of Civil Procedure section 1094.5, provided that, pursuant to
Code of Civil Procedure section 1094.6, any such action must be filed in a court of competent
jurisdiction not later than ninety (90) days after the date on which the City Council's decision
becomes final. In addition, in the event the Property Owner and the City cannot agree whether a
default on the part of the Property Owner, or any of its successors or assigns, under this
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Agreement exists or whether or not any such default has been cured, then the City or the
Property Owner may submit the matter to negotiation/mediation pursuant to Paragraph 15(o).
12. Recordation of this Agreement. Pursuant to Government Code section 65868.5,
the City Clerk shall record a copy of this Agreement in the Official Records of the County within
ten (10) days after the mutual execution of this Agreement.
13. Constructive Notice and Acceptance. Every person or entity who now or
hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and
shall be, conclusively deemed to have consented and agreed to every provision contained herein,
whether or not any reference to this Agreement is contained in the instrument by which such
person acquired an interest in the Property.
14. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the City and the Property Owner and their respective successors
and assigns. No other person or entity shall have any right of action based upon any provision of
this Agreement.
15. Miscellaneous.
(a) Notices. All notices which are allowed or required to be given hereunder
shall be in writing and (1) shall be deemed given and received when personally delivered or (2)
shall be sent by registered or certified mail or overnight mail service, addressed to the applicable
designated person by one party to the other in writing, and shall be deemed received on the
second business day after such mailing.
If to the City:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Manager
Tel. No.: (714) 536-5575
Fax No.: (714) 536-5233
If to the Property Owner:
Elan Huntington Beach, LLC
c/o Greystar Capital Partners
17885 Von Karman Avenue, Suite 450
Irvine, CA 92614
Attn: Jerry Brand
Tel. No.: (949) 242-8685
Fax No.: (949) 705-0009
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Allen Matkins Leck Gamble Mallory & Natsis LLP
1900 Main Street, 5th Floor
Irvine, California 92614-7321
Attn: R. Michael Joyce, Esq.
Tel. No.: (949) 553-1313
Fax No.: (949) 553-8354
(b) Severability. If any part of this Agreement is declared invalid for any
reason, such invalidity shall not affect the validity of the remainder of the Agreement unless the
invalid provision is a material part of the Agreement. The other parts of this Agreement shall
remain in effect as if this Agreement had been executed without the invalid part. In the event
any material provision of this Agreement is determined to be invalid, void or voidable, the City
or the Property Owner may terminate this Agreement.
(c) Entire Agreement; Conflicts. This Agreement represents the entire
agreement between the City and the Property Owner with respect to the subject matter hereof
and supersedes all prior agreements and understandings, whether oral or written, between the
City and the Property Owner with respect to the matters contained in this Agreement. Should
any or all of the provisions of this Agreement be found to be in conflict with any other provision
or provisions found in the Applicable Rules or the Subsequent Applicable Rules, then the
provisions of this Agreement shall govern and prevail.
(d) Further Assurances. The City and the Property Owner agree to perform,
from time to time, such further acts and to execute and deliver such further instruments
reasonably to effect the intents and purposes of this Agreement, provided that the intended
obligations of the City and the Property Owner are not thereby modified.
(e) Inurement and Assignment. This Agreement shall inure to the benefit of
and bind the successors and assigns of the City and the Property Owner, may be assigned by
either the City or the Property Owner to any party or parties purchasing all or any part of the
Property, or any interest therein pursuant to the provisions of this Paragraph 15(e). The specific
rights and obligations of this Agreement shall be deemed covenants running with the land that
concern and affect the Property Owner's interest in the Property. Prior to the Property Owner's
assignment of any rights, duties or obligations under this Agreement, the Property Owner shall
present such information required by the City in its commercially reasonable discretion to
demonstrate to the City's satisfaction that the proposed successor and/or assignee has the
financial ability and experience to fulfill those specific rights, duties and obligations under the
Agreement that the successor and/or assignee would assume. The City shall have the right to
approve the proposed successor and/or assignee, provided that the City's approval may not be,
unreasonably withheld, conditioned or delayed. The provisions of this Paragraph 15(e) shall be
self-executing and shall not require the execution or recordation of any further document or
instrument. The City's approval rights over a successor or assignee of the Property Owner shall
terminate upon issuance of the final inspection for the project.
(f) Negation of Agency. The City and the Property Owner acknowledge that,
in entering into and performing under this Agreement, each is acting as an independent entity
and not as an agent of the other in any respect. Nothing contained herein or in any document
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executed in connection herewith shall be construed as making the City and the Property Owner
joint venturers, partners or employer/employee.
(g) Attorney's Fees. In the event of any claim, dispute or controversy arising
out of or relating to this Agreement, including an action for declaratory relief, the prevailing
party in such action or proceeding shall not be entitled to recover its court costs and reasonable
out-of-pocket expenses.
(h) Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the parry against whom
enforcement of a waiver is sought.
(i) Force Majeure. Performance by either party hereunder shall not be
deemed to be in default where delays or defaults are due to one or more of the following events,
providing that anyone or more of such event(s) actually delays or interferes with the timely
performance of the matter to which it would apply and despite the exercise of diligence and good
business practices and such event(s) are beyond the reasonable control of the party claiming such
interference: war, terrorism, terrorist acts, insurrection, strikes, lock -outs, unavailability in the
marketplace of essential labor, tools, materials or supplies, failure of any contractor,
subcontractor, or consultant to timely perform (so long as the Property Owner is not otherwise in
default of any obligation under this Agreement and is exercising commercially reasonable
diligence of such contractor, subcontractor or consultant to perform), riots, floods, earthquakes,
fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight
embargoes, lack of transportation, governmental restrictions or priority, a Recession or unusually
severe weather. An extension of time for any such cause (a "Force Majeure Delay") shall be for
the period of the enforced delay and shall commence to run from the time of the commencement
of the cause, if notice by the party claiming such extension is sent to the other party within thirty
(30) days of actual knowledge of the commencement of the cause. Notwithstanding the
foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until
the party claiming such delay and interference delivers to the other party written notice
describing the event, its cause, when and how such party obtained knowledge, the date and the
event commenced, and the estimated delay resulting therefrom.
0) Paragraph Headings. The paragraph headings contained in this Agreement
are for convenience and identification only and shall not be deemed to limit or define the
contents to which they relate.
(k) Time of Essence. Time is of the essence of this Agreement, and all
performances required hereunder shall be completed within the time periods specified. Any
failure of performance shall be deemed as a material breach of this Agreement.
(1) Counterparts. This Agreement and any modifications hereto may be
executed in any number of counterparts with the same force and effect as if executed in the form
of a single document.
(m) Indemnification. The Property Owner agrees, as a condition of approval
of this Agreement, to indemnify, defend and hold harmless at the Property Owner's expense, the
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City, the City Council, and the City's agents, officers and employees from and against any claim,
action or proceeding to attack, review, set aside, void or annul the approval of this Agreement to
determine the reasonableness, legality or validity of any provision hereof or obligation contained
herein. The Property Owner also agrees to indemnify the City, the City Council, and the City's
officials, agents and employees for any claims, acts or proceedings relating to the Property
Owner's failure to comply with the Project's affordable housing requirements.
The indemnity described in this section is not subject to the provisions of paragraph 4.a.
providing that obligations cease if the Project does not go forward; provided, however, that the
indemnity described in the first sentence of this section shall terminate when the applicable
statute of limitations for the legal challenges described therein terminates.
The City shall promptly notify the Property Owner of any such claim, action or
proceeding of which the City receives notice, and the City will cooperate fully with the Property
Owner in the defense thereof. The Property Owner shall provide a defense to the City with
counsel reasonably selected by the Property Owner and the City to defend both the City and the
Property Owner, and shall reimburse the City for any court costs which the City may be required
to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion,
participate in the defense of any such claim, action or proceeding at its own expense, but such
participation shall not relieve the Property Owner of the obligations of this Paragraph 15(m).
(n) Hold Harmless Agreement. The City and the Property Owner mutually
agree to, and shall hold each other and each of the other's elective and appointed councils,
boards, commissions, directors, officers, partners, agents, representatives and employees
harmless from any liability for damage or claims for personal injury, including death, and from
claims for property damage which may arise from the activities of the other or the other's
contractors, subcontractors, agents, or employees which relate to the Project whether such
activities be by the City or the Property Owner, or by any of the City's or the Property Owner's
contractors, subcontractors, or by anyone or more persons indirectly employed by, or acting as
agent for the Property Owner, any of the Property Owner's or the City's contractors or
subcontractors. The City and the Property Owner agree to and shall defend the other and each of
the other's elective and appointive councils, boards, directors, commissioners, officers, partners,
agents, representatives and employees from any suits or actions at law or in equity for damage
caused or alleged to have been caused by reason of the aforementioned activities which relate to
the Project.
(o) Alternative Dispute Resolution Procedure.
(1) Dispute. If a dispute arises concerning whether the City or the
Property Owner or any of the Property Owner's successors or assigns is in default under this
Agreement or whether any such default has been cured or whether or not a dispute is subject to
this Paragraph (a "Dispute"), then such dispute shall be subject to negotiation between the parties
to this Agreement, and if then not resolved shall be subject to non -binding mediation, both as set
forth. below, before either party may institute legal proceedings.
(2) Negotiation. If a Dispute arises, the parties agree to negotiate in
good faith to resolve the Dispute. If the negotiations do not resolve the Dispute to the reasonable
977967.03/OC
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satisfaction of the parties within 15 days from a written request for a negotiation, then each party
shall give notice to the other party identifying an official or executive officer who has authority
to resolve the Dispute to meet in person with the other party's designated official or executive
officer who is similarly authorized. The designated persons identified by each party shall meet
in person for one day within the 20-day period following the expiration of the 15-day period and
the designated persons shall attempt in good faith to resolve the Dispute. If the designated
persons are unable to resolve the Dispute, then the Dispute shall be submitted to non -binding
mediation.
(3) Mediation.
(i) Within 15 days following the designated persons' meeting
described in paragraph 15(o)(2), above, either party may initiate non -binding mediation (the
"Mediation"), conducted by Judicial Arbitration & Mediation Services, Inc. ("JAMS") or other
agreed upon mediator. Either party may initiate the Mediation by written notice to the other
ply.
(ii) The mediator shall be a retired judge or other mediator,
selected by mutual agreement of the parties, and if they cannot agree within 15 days after the
Mediation notice, the mediator shall be selected through the procedures regularly followed by
JAMS. The Mediation shall be held: within 15 days after the Mediator is selected, or a longer
period as the parties and the mediator mutually decide.
(iii) If the Dispute is not fully resolved by mutual agreement of
the parties within 15 days after completion of the Mediation, then either party may institute legal
proceedings.
(iv) The parties shall bear equally the cost of the mediator's fees
and expenses, but each party shall pay its own attorneys' and expert witness fees and any other
associated costs.
(4) Preservation of Rights. Nothing in this Paragraph shall limit a
party's right to seek an injunction or restraining order from a court in circumstances where such
equitable relief is deemed necessary by a party to preserve such party's rights.
(p) Reference of California Law. Unless expressly stated to the contrary, all
references to statutes herein are to the California codes.
(q) Interpretation. The language in all parts of this Agreement shall in all
cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for
or against any party. The parties hereto acknowledge and agree that this Agreement has been
prepared jointly by the parties and has been the subject of arm's length and careful negotiation
over a considerable period of time, that each party has independently reviewed this Agreement
with legal counsel, and that each party has the requisite experience and sophistication to
understand, interpret and agree to the particular language of the provisions hereof. Accordingly,
in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this
Agreement shall not be interpreted or construed against the party preparing it, and instead other
rules of interpretation and construction shall be utilized.
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IN WITNESS WHEREOF, the City and the Property Owner have each executed this
Agreement as of the date first written above.
ELAN HUNTINGTON BEACH, LLC,
a Delaware limited liability company
By: GS HUNTINGTON BEACH 274, LLC,
a Delaware limited liability company,
its sole member
By: GS HUNTINGTON BEACH 274
HOLDINGS, LLC, a Delaware
limited liability company,
its managing member
By:
Name:
Title:
CITY OF HUNTINGTON BEACH,
a California municipal corporation
r
Writy Attorney
FAe,-"
D AND APPROVED:
Nr, 0 ing and Building
REVIE ND APPROVED:
Ci ger
977967.03/OC
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ACKNOWLEDGMENT
State of California
County of Orange
On (� r i xi-) , before me, i� 71 • �L�
—. - I I I(' seq name of notary)
Notary Public, personally appeared J 1yl �4 rDYa-ty--
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(g) is{v-e-
subscribed to the within instrument and acknowledged to me that he/s�ey executed the same
in his4hw4heir authorized capacity(ios), and that by his/4@r� signature(-s) on the instrument
the person((), or the entity upon behalf of which the person4) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. commssoe
z V�r�P��GGA#L�UIGS
Notary Public California ZZ
Z Orange County
PA Comm. Expires Apr 1, 2015
Signature-�- Seal
(Seal)
977967.03/OC
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ACKNOWLEDGMENT
State of California
County of Orange
On a 13 , before me, - L _ Cs PAgR 2A ,
L V 1C iV/7l�dl1 ,(insert f nota/� • �C.7NA ,
Notary Public, personally appeared N�til� oT7v
who proved to me on the basis of satisfactory evidence to be the person whose name ' re
subscribed to the within instrument and acknowledged to me that the xecuted the same
in their uthorized capacity(El and that by ham€ ei signature 's&on the instrument
the person or the entity upon behalf of which the person s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
P. L. ESPARZA
Commission # 1857021
-a Notary Public - California i
a Orange County
- M 1 Comm. Ex ires Aug4, 2013
(Seal)
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: (Affecting a Portion of APN: 157-471-05)
THE NORTHERLY 175 FEET OF THE WESTERLY 243 FEET OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 11 WEST.
EXCEPTING THEREFROM THE WESTERLY 88 FEET AND THE NORTHERLY 40 FEET.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT
40 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES WITH THE NORTH LINE OF SAID
SOUTHWEST QUARTER, WITH A LINE THIS IS PARALLEL WITH AND DISTANT 88 FEET
EASTERLY, MEASURED AT RIGHT ANGLES WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER: THENCE, EASTERLY ALONG SAID FIRST MENTIONED PARALLEL LINE A
DISTANCE OF 30.20 ' FEET TO THE BEGINNING OF A CURVE THAT IS CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 30 FEET: THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 900 23' 09" AN ARC DISTANCE 47.33 FEET
TO A POINT ON SAID LAST MENTIONED PARALLEL LINE; THENCE NORTHERLY ALONG
SAID LAST MENTIONED PARALLEL LINE A DISTANCE OF 30.20 FEET TO THE POINT OF
BEGINNING.
PARCEL 2: (Affecting the remainder of APN: 157-471-05)
BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT
175 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE
SOUTHWEST QUARTER WITH A LINE THAT IS PARALLEL WITH AND DISTANT 88 FEET
EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST
QUARTER; THENCE EASTERLY ALONG SAID FIRST MENTIONED PARALLEL LINE A
DISTANCE OF 155 FEET; THENCE, SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT ON
SAID LAST MENTIONED PARALLEL LINE THAT IS 15 FEET SOUTHERLY OF THE POINT OF
BEGINNING; THENCE, NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE A
DISTANCE OF 15 FEET TO THE POINT OF BEGINNING.
EXHIBIT A
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PARCEL 3: (Affecting APN: 157-471-04)
THE NORTH ONE-HALF OF THE NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -
QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH,
RANGE I WEST AS SHOWN ON A MAP. RECORDED IN BOOK 51 AT PAGE 7 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OF ORANGE.
EXCEPTING THEREFROM THE EASTERLY 160 FEET.
ALSO EXCEPTING THEREFROM THE NORTHERLY 175 FEET OF THE WESTERLY 243 FEET.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT
175 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID
SOUTHWEST QUARTER, WITH A LINE THAT IS PARALLEL WITH AND DISTANT 88 FEET
EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID SOUTHWEST
QUARTER; THENCE EASTERLY ALONG SAID FIRST MENTIONED PARALLEL LINE A
DISTANCE OF 155 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT OF
SAID LAST MENTIONED PARALLEL LINE THAT IS 15 FEET SOUTHERLY OF THE POINT OF
BEGINNING; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE A
DISTANCE OF IS FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE WESTERLY 88 FEET THEREOF, AS GRANTED TO THE
STATE OF CALIFORNIA IN A DEED RECORDED SEPTEMBER 26, 1952 IN BOOK 2388 PAGE
330 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM A PORTION OF SAID LAND ONE-HALF OF ALL OIL, GAS,
MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500
FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY TO TAKE, MARKET, MINE, EXPLORE
OR DRILL FOR SAME, AS RESERVED IN THE DEED FROM JOHN H. REYNOLDS AND WIFE,
RECORDED MAY 9, 1961 IN BOOK 5715 PAGE 609, OFFICIAL RECORDS.
END OF LEGAL DESCRIPTION
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EXHIBIT B
THE PROJECT
(APPROVED SITE PLAN)
977967.03/OC EXHIBIT B
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SITE PLAN - FIRST FLOOR & GARAGE PI LEVEL
LEGAL OESORIPTION
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HUNTINGTON BEACH °"T"EEW °R",'.
BEACH BL VD. MIXED -USE DEVELOPMENT CA = - DR nU9MITTAL M.8 0 j
_ n REVISED EXIIIHIT8 94,23.iL
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ARCHITECTS ORANGE omnndxnuagv
M,m .. �iM rp..n, FARE FILE NUMBERS:,
ldd NORTH ORANGESr., ORANGE, G9L/PORN/A 92666 r714J 63e4860
This Document was electronically recorded by
City of Huntington Beach
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Attention: City Clerk
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
1900 Main Street, 5th Floor
Irvine, California 92614-7321
Attention: R. Michael Joyce, Esq.
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIIIIIIII IIIII111111III 1IIIIII1111II 111111 IINO FEE .
2013000412516 03:13pm 07/09/13
66 401 Al2 14
0.00 0.00 0.00 0.00 39.00 0.00 0.00 0.00
(Space Above For Recorder's Use)
AFFORDABLE HOUSING AGREEMENT RESTRICTIONS —RENTAL
(DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
FOR PROPERTY)
This Affordable Housing Agreement and Declaration of Conditions, Covenants and
Restrictions for Property (the "Declaration") is made as of ��u_L.y D / , 2013, by
and between ELAN HUNTINGTON BEACH, LLC, a Delaware limited liability company (the
"Property Owner" or "Covenantor") and THE HOUSING AUTHORITY OF THE CITY OF
HUNTINGTON BEACH, a California municipal corporation (the "Housing Authority" or
"Covenantee").
RECITALS:
A. Property Owner is the owner of record of that certain real property located at
18502-18552 Beach Boulevard, Huntington Beach, California 92646 (the "Subject Property"), in
the City of Huntington Beach, County of Orange, State of California legally described in the
attached Exhibit A.
B. The Property Owner seeks to develop a project on the Property consisting of 274
dwelling units and associated uses. The project also includes approximately 8,500 square feet of
ground floor commercial uses, as more particularly set forth in the Development Plan
(collectively, the "Project") approved by Site Plan Review No. 12-001, all in accordance with the
General Plan, as it may be amended from time to time (the "General Plan") adopted by the City
Council of the City (the "City Council") and the Zoning Code.
977967.03/OC
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This document is solely for the dklel
businem of the City of Hen
Beach, as conWffpbbd under
Government Code Sec. 6103 and
shod be recorded free of charge.
C. The City imposed conditions of approval on the Project, in part that the Property
Owner provide affordable housing. As part of the plan to provide affordable housing, the City
and the Property Owner entered into a Development Agreement which requires as a condition
that an Affordable Housing Agreement be executed requiring the Property Owner to provide
affordable rental units for a certain period of time. Specifically, the Property Owner is required
to/has agreed to provide 27 units within the Project available for rent to households earning
Moderate -Income (as that term is defined in the Development Agreement) for a period of 55
years as further defined herein. The execution and recordation of this Declaration is intended to
fully satisfy that condition.
NOW, THEREFORE, the parties hereto agree and covenant as follows:
1. Affordability Covenants. Covenantor agrees for itself and its successors and
assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereof
that the Project approved by Site Plan Review 12-01, which consists of 274 units, 27 of which
shall be designated as affordable and shall be held subject to this Declaration for fifty-five years
from the date final inspection has been approved by the City as follows:
(a) Qualified Households. Covenantor agrees to make available, restrict
occupancy to, and to lease 27 units for the duration of the Affordability Period as defined herein.
These 27 units may sometimes be referred to as an "Affordable Unit" or, collectively, the
"Affordable Units." Each Affordable Unit shall be occupied by Moderate -Income Households as
that term is defined in the Development Agreement adjusted for the actual number of persons in
the Household that will reside in the Affordable Unit.
As used in this Declaration, the term "Household" shall mean one or more persons,
whether or not related, living together in an Affordable Unit that rent or lease any portion of the
Affordable Unit.
As used in this Declaration, the term "Covenantor" shall mean the Property Owner, its
successors and assigns, and every successor to the Property Owner's interest in the Project, or
any part thereof.
(b) Duration. The term of this agreement shall commence on the date that the
Final Inspection for the fifteenth (15th) affordable unit is approved by the City and will continue
for 55 years thereafter ("Affordability Period"). The covenant contained in this Section 1 shall
run with the Project and shall automatically terminate and be of no further force or effect upon
the expiration of the Affordability Period.
(c) Income Qualification. Prior to the lease of an Affordable Unit to any
Household, Covenantor shall submit to the Covenantee a completed income computation and
certification form, in such form as is generally used by City in administering its affordable
housing program as may be amended from time to time. Covenantor shall certify that, to the best
of its knowledge, each Household is a Moderate -Income Household that meets the eligibility
requirements established for the particular Affordable Unit occupied by such Household.
Covenantor shall obtain an income certification from each adult member of the Household and
shall certify that, to the best of Covenantor's knowledge, the income of the Household is
977967.03/OC
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truthfully set forth in the income certification form. Furthermore the Covenantor shall, on
renewal of the annual lease for the particular Affordable Unit, again obtain income certification
from each adult member of the Household and submit to the Covenantee a recertification form
that shall certify, to the best of Covenantor's knowledge, each Household is a Moderate -Income
Household that meets the eligibility requirements established for the particular Affordable Unit
occupied by such Household. Covenantor shall verify the income certification of the Household
in one or more of the following methods:
(1) Obtain two (2) paycheck stubs from two (2) most recent pay
periods for each adult member of the Household.
(2) Obtain a copy of an income tax return certified to be true and
complete for the most recent tax year in which a return was filed, for each adult member of the
Household.
(3) Obtain an income verification certification from the employer of
each adult member of the Household.
(4) Obtain an income verification certification from the Social
Security Administration and/or the California Department of Social Services if the Household
receives assistance from such agencies.
(5) Obtain an alternate form of income verification reasonably
requested by Covenantee, if none of the above forms of verification is available to Covenanter.
If, at the time of the annual lease renewal of an Affordable Unit to an eligible Household,
the Covenantor learns that Household's income increases above the income level permitted for
that unit, the Household shall continue to be permitted to reside in such Affordable Unit, for no
more than one year. Notwithstanding the foregoing, Covenantor, at the City's discretion, shall
have the option, in its commercially reasonable discretion, to designate another dwelling unit as
an Affordable Unit during that one year period so that the Household may continue to occupy a
unit in the Project, if the Household and the Covenantor so agree.
(d) Determination of Affordable Rent for the Affordable Units. The rent for
each Affordable Unit (the "Affordable Rent") shall be adjusted annually by the following
formula established by California Health and Safety Code Section 50053 upon the publication of
the revised Area Median Income. This methodology sets the moderate income rent at 1/12 of
thirty percent (30%) of one -hundred ten percent (110%) of the Area Median Income adjusted for
family size appropriate to the unit. As used herein, for the purpose of calculating the Affordable
rent, "adjusted for family size appropriate to the unit" shall mean a household of one person in
the case of a studio Affordable Dwelling Unit, two persons in the case of a one -bedroom
Affordable Dwelling Unit, and a household of three persons in the case of a two -bedroom
Affordable Dwelling Unit. The income limits and Affordable Rents in effect as of the date of
this Agreement are attached hereto as Exhibit B and incorporated herein by this reference.
COVENANTOR UNDERSTANDS AND KNOWINGLY
AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO
BE ESTABLISHED BY THIS FORMULA ARE NOT
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NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR
THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED
AT A LEVEL SUBSTANTIALLY BELOW THE FAIR
MARKET RENT LEVELS.
COVENANTOR HEREBY AGREES TO RESTRICT THE
AFFORDABLE UNITS ACCORDINGLY.
T
COVENANTOR'S INITIALS
In the event state law referenced herein is amended, the terms of this Agreement shall
automatically be amended to remain consistent with State law.
(e) Annual Report. Within sixty (60) days after the end of each calendar year
during the Affordability Period, Covenantor shall submit to Covenantee a report verifying
Covenantor's compliance with the provisions of this Declaration ("Annual Report"). .
Covenantor's final Annual Report shall be submitted to Covenantee within sixty (60) days after
the end of the Affordability Period. Each Annual Report shall identify the location of the
Affordable Units for the applicable reporting period, the identity of each Household member
occupying an Affordable Unit during any portion of such period, the income and household size
of each such Household, the Affordable Rent for each of the Affordable Units, and the rent
actually charged pursuant to the lease or rental agreement. If Covenantee prescribes a particular
form to be utilized by Covenantor in preparing.the Annual Report, Covenantor shall utilize said
form, provided that it complies substantially with the foregoing requirements.
2. Non -Discrimination Covenants. Covenantor covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race, color,
religion, sex, sexual 6rientation, creed, ancestry, national or ethnic origin, age, family or marital
status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit,
nor shall Covenantor itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit.
Covenantor and its successors and assigns shall refrain from restricting the leasing of the
Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry,
national or ethnic origin, age, family or marital status, handicap or disability, of any person. All
such leases shall contain or be subject to substantially the following nondiscrimination or
nonsegregation clause:
"The lessee herein covenants by and for himself or herself, his or her heirs, executors,
administrators; and assigns, and all persons claiming under or through him or her, and this lease
is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, religion, sex,
sexual orientation, creed, ancestry, national or ethnic origin, age,
977967.03/OC
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family or marital status, handicap or disability in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of
the premises herein leased nor shall the lessee himself or herself, or
any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use,
or occupancy of tenants, lessees, sublessees, subtenants, or vendees
in the premises herein leased."
3. Use Restrictions. During the Affordability Period, Covenantor shall be required
to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit
has knowledge of all terms and conditions of this Declaration by including in each and every
lease and rental agreement a clause which incorporates this Declaration by reference and makes
this Declaration a part of an attachment to such lease or rental agreement. In addition, during the
Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain
provisions that the Affordable Unit shall be occupied, used, and maintained as follows:
(a) The Affordable Unit shall be used only for private dwelling purposes, with
appurtenant facilities, and for no other purposes; provided, however, that home occupation
businesses conducted incompliance with the City's Municipal Code and other City regulations
shall be considered an appropriate use for private dwelling purposes;
(b) Household Size. The maximum number of persons that may occupy an
Affordable Unit shall be based on unit size:
Unit Size
Household Size
0 bedroom (studio)
2 persons
1 bedroom
3 persons
2 bedrooms
5 persons
(c) the Household shall not permit or suffer anything to be done or kept upon
the premises which will increase the rate of insurance on any building, or on the contents thereof,
and shall not impair the structural integrity thereof obstruct or interfere with the rights of other
occupants, or annoy such occupants by unreasonable noises or otherwise, nor shall any
Household commit or permit any nuisance on the premises or fail to keep the premises free of
rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon;
(d) The Household shall not sublease any or all parts of the Affordable Unit
without prior written approval from Covenantor and Covenantee;
(e) The Household shall comply with all of the lawful requirements of all
governmental authorities with respect to the premises;
(f) No person shall be permitted to occupy the premises for transient or hotel
purposes; and
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(g) The Household shall comply in all respects with this Declaration and any
failure by the Household to comply with the terms of this Declaration shall be a default under the
Household's lease or rental agreement.
4. Covenants for Benefit of Housing Authority. All covenants without regard to
technical classification or designation shall be binding for the benefit of the Covenantee and such
covenants shall run in favor of Covenantee for the entire period during which time such
covenants shall be in force and effect. The Covenantee, in the event of any breach of any such
covenants, shall have the right to exercise all the rights and remedies and to maintain any such
action at law or suits in equity or other proper legal proceedings to enforce and to cure such
breach to which it or any other beneficiaries of these covenants may be entitled during the term
,specified for such covenants, except the covenants against discrimination which may be
enforced at law or in equity at any time in perpetuity.
5. Binding on Successors and Assigns. The covenants and agreements established in
this Declaration shall, without regard to technical classification and designation, be binding on
Covenantor and any successor to Covenantor's right, title, and interest in and to all or any portion
of the Project, for the benefit of and in favor of the Housing Authority of the City of Huntington
Beach. All the covenants contained in this Declaration shall remain in effect for the
Affordability Period, and shall automatically terminate and be of no further force or effect after
such time. Upon expiration of the Affordability Period, Covenantee agrees to cooperate with
Covenantor, at no cost to Covenantee in removing this Declaration of record from the Subject
Property.
6. Counterparts. This Agreement may be executed in a number of counterparts, each
of which shall be an original, but all of which shall constitute one and the same document.
7. Notices. All notices which are allowed or required to be given hereunder shall be,
in writing and (1) shall be deemed given and received when personally delivered or (2) shall be
sent by registered or certified mail or overnight mail service, addressed to the applicable
designated person by one party to the other in writing, and shall be deemed received on the
second business day after such mailing.
If to the Housing Authority:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Manager
Tel. No.: (714) 536-5575
Fax No.: (714) 536-5233
977967.03/OC
3 7152 8-00002/3 -2 8 -13/rmj/pal -6-
If to the Property Owner:
Elan Huntington Beach, LLC
c/o Greystar Capital Partners
17885 Von Karman Avenue, Suite 450
Irvine, CA 92614
Attn: Jerry Brand
Tel. No.: (949) 242-8685
Fax No.: (949) 705-0009
Allen Matkins Leck Gamble Mallory &. Natsis LLP
1900 Main Street, 5th Floor
Irvine, California 92614-7321
Attn: R. Michael Joyce, Esq.
Tel. No.: (949) 553-1313
Fax No.: (949) 553-8354
8. Applicable Law.
(a) If any provision of this Agreement or portion thereof, or the application of
any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby and it shall not be
deeded that any such invalid provision affects the consideration for this Agreement; and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws of the
State of California and all applicable HUD Housing Quality Standards and City Codes.
[Signatures and Jurats to Follow]
977967.03/OC
371528-00002/3-28-13/rmj/pal -7-
IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument
to be executed on their behalf by their respective officers hereunto duly authorized as of the date
set forth above.
ELAN HUNTINGTON BEACH, LLC,
a Delaware limited liability company
By: GS HUNTINGTON BEACH 274, LLC,
a Delaware limited liability company,
its sole member
By: GS HUNTINGTON BEACH 274
HOLDINGS, LLC, a Delaware
limited liability company,
its managing member
B:
Name:
Title: Pev V 4 PO V
CITY OF HUNTINGTON BEACH,
a California municipal corporation
Lo'o�ixc�2J %�[d1J�liar�iaL�
Mayor
OVED AS TO FORM:
City Attorney
6 i 5Jut3
REVI ED ND APPROVED:
Ci Manager
977967.03/OC
371528-00002/3-28-13/rmj/rmj 'g'
ACKNOWLEDGMENT
State of California
County of�6ra�ge A' )
On M 2 q, oZ 3 , before me, KC- J &u-j5 ,
c� (insert name of notary)
Notary Public, personally appeared �ou 4 ,
who proved to me on the basis of satisfactory evi ence to be the person whose name ar-e-
subscribed to the within instrument and acknowledged to me that(�shQ44e�-executed the same
in@i horAhzir authorized capacity(i4, and that by his/her/their signature(9j on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
K. C.10NES
COMM. #1977193 Z
zNotary Public • California
Los Angeles County
Nly Comm. Expires June 1, 2016
977967.03/OC
3 7152 8-00002/3-2 8-1 3/rmj /pal -9'
ACKNOWLEDGMENT
State of California
County of Orange
On ,3 , before me,
/y (insert name of notary)
Notary Public, personally appeared �,�n1l��RyG�,? f}-a1��liAAJ 4 �y/Al t) ,
who proved to me on the basis of satisfactory evidence to be the persoDo whose names
subscribed to the within instrument and acknowledged to me that �CCD executed the same
in his4+e thei authorized capacit ies , and that by hi&4he hsignaturcoon the instrument
the person & or the entity upon behalf of which the person soacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
P. L. ESPARA
Commission # 1857021
WITNESS my hand and official seal. z �Notary Public - California $
z Orange County
NIX Comm. Expires Aup 4, 2013
Signature (Seal)
977967.03/OC
371528-00002/3-28-13/rmj/pal -10-
1W14II1:3111II_1
LEGAL DESCRIPTION
PARCEL 1: (Affecting a Portion of APN: 157-471-05)
THE NORTHERLY 175 FEET OF THE WESTERLY 243 FEET OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 11 WEST.
EXCEPTING THEREFROM THE WESTERLY 88 FEET AND THE NORTHERLY 40 FEET.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT
40 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES WITH THE NORTH LINE OF SAID
SOUTHWEST QUARTER, WITH A LINE THIS IS PARALLEL WITH AND DISTANT 88 FEET
EASTERLY, MEASURED AT RIGHT ANGLES WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER: THENCE, EASTERLY ALONG SAID FIRST MENTIONED PARALLEL LINE A
DISTANCE OF 30.20 FEET TO THE BEGINNING OF A CURVE THAT IS CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 30 FEET: THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 900 23' 09" AN ARC DISTANCE 47.33 FEET
TO A POINT ON SAID LAST MENTIONED PARALLEL LINE; THENCE NORTHERLY ALONG
SAID LAST MENTIONED PARALLEL LINE A DISTANCE OF 30.20 FEET TO THE POINT OF
BEGINNING.
PARCEL 2: (Affecting the remainder of APN: 157-471-05)
BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT
175 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE
SOUTHWEST QUARTER WITH A LINE THAT IS PARALLEL WITH AND DISTANT 88 FEET
EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST
QUARTER; THENCE EASTERLY ALONG SAID FIRST MENTIONED PARALLEL LINE A
DISTANCE OF 155 FEET; THENCE, SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT ON
SAID LAST MENTIONED PARALLEL LINE THAT IS 15 FEET SOUTHERLY OF THE POINT OF
BEGINNING; THENCE, NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE A
DISTANCE OF 15 FEET TO THE POINT OF BEGINNING.
977967.03/OC EXHIBIT A
371528-00002/3-28-13/rmj/pal -I-
PARCEL 3: (Affecting APN: 157471-04)
THE NORTH ONE-HALF OF THE NORTHWEST ONE -QUARTER OF THE NORTHWEST ONE -
QUARTER OF THE SOUTHWEST ONE -QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH,
RANGE 11 WEST AS SHOWN ON A MAP RECORDED IN BOOK 51 AT PAGE 7 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OF ORANGE.
EXCEPTING THEREFROM THE EASTERLY 160 FEET.
ALSO EXCEPTING THEREFROM THE NORTHERLY 175 FEET OF THE WESTERLY 243 FEET.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE INTERSECTION OF A LINE THAT IS PARALLEL WITH AND DISTANT
175 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID
SOUTHWEST QUARTER, WITH A LINE THAT IS PARALLEL WITH AND DISTANT 88 FEET
EASTERLY MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID SOUTHWEST
QUARTER; THENCE EASTERLY ALONG SAID FIRST MENTIONED PARALLEL LINE A
DISTANCE OF 155 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINTE TO A POINT OF
SAID LAST MENTIONED PARALLEL LINE THAT IS 15 FEET SOUTHERLY OF THE POINT OF
BEGINNING; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE A
DISTANCE OF 15 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE WESTERLY 88 FEET THEREOF, AS GRANTED TO THE
STATE OF CALIFORNIA IN A DEED RECORDED SEPTEMBER 26, 1952 IN BOOK 2388 PAGE
330 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM A PORTION OF SAID LAND ONE-HALF OF ALL OIL, GAS,
MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500
FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY TO TAKE, MARKET, MINE, EXPLORE
OR DRILL FOR SAME, AS RESERVED IN THE DEED FROM JOHN H. REYNOLDS AND WIFE,
RECORDED MAY 9, 1961 IN BOOK 5715 PAGE 609, OFFICIAL RECORDS.
END OF LEGAL DESCRIPTION
977967.03/OC
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INCOME LIMITS AND AFFORDABLE RENTS
977967.03/OC EXHIBIT B
371528-00002/3-28-13/rmj/pal -I-
2013 QUALIFYING INCOME AND RENT SCHEDULE
ELAN APARTMENT PROJECT
HUNTINGTON BEACH CALIFORNIA
I. 2013 Oranoe County Income Information
Household Size HCD Median HUD Median
1 Person
WI.00
2 Persons
eQ.750
3 Persons
78.500
4 Persons
87,200 87,2130
5 Persons
94.200
II. Household Income Limits as Defined by the California Health & Safety Code
Moderate Income
(Section 50053)
1 Person
$53,950 - $73,250
2 Persons
61,850 - 83,7130
3 Persons
69,350 - D4,2D0
4 Persons
77,050 - 1D4,850
5 Persons
83,250 - 113,0D0
III. California Health & Safety Code Section 50053 Affordable Housing Cost Calculations
Moderate Inoome
Benchmark Household Size
% of HCD Median Income
Household Income for Rent Calculation
% of Income Allotted to Gross Rent
Allowable Gross Rent
(Less) Utilities Allowance
Allowable Net Rent
Studio
143ddrm
2-Bdnn
1
2
3
110%
11D%
110%
567,155
$76,725
S86,350
30%
3D%
30%
$1.879
$1,918
$2,159
28
39
47
$1,651 $1.879 52,112
Based on utilities published by (OCHA 1(Y112D12). Includes Gas: Cooking, Heatir+g. Water Heater. Electric: Basic.
Prepared by Keyser Marston Associates, Inc,
File nacre: Han ho Rent £xh 3 11_13. b+c Rent
Exhibit B
977967.03/OC
371528-00002/3-28-13/rmj/pal -2-
Ord. No. 3982
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH 1
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on July 1, 2013, and was again read to said City Council at a
Regular meeting thereof held on July 15, 2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: Hardy
ABSTAIN: None
I, Joan L. Flynn, CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council, do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on July 25, 2013.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk
Senior Deputy City Clerk
CM Clerk and ex-officio Verk
of the City Council of the City
of Huntington Beach, California
ATTACHMENT #3
xB -219- Item 12. - 50
City of Huntington Beach Planning and wilding Department;'
STAFF PORT -
TO: Planning Commission
FROM: Scott Hess, AICP, Director of Planning and Building
BY: Rosemary Medel, Associate Planner Pik
DATE: May 28, 2013
SUBJECT: DEVELOPMENT AGREEMENT NO. 13-001 (BEACH AND ELLIS MIXED USE
PROJECT - ELAN)
APPLICANT: Greystar, Dan Milich, Senior Director — Development, 444 South Cedros Avenue,
Suite 172, Solano Beach, CA 92075
PROPERTY
OWNTER Elan Huntington Beach, LLC, c/o Greystar Capital Partners, Jerry Brand, 17885 Von
Karman Avenue, Suite 450, Irvine, CA 92614
LOCATION: 18502-18552 Beach Blvd, Huntington Beach, CA 92646 (southeast corner of Beach and
Ellis)
STATEMENT OF ISSUE:
Development Agreement No. 13-001 represents a request for the following:
- To enter into a Development Agreement between the City of Huntington Beach and Elan
Huntington Beach, LLC pursuant to approvals for the Elan Project, a 274 unit residential mixed
use development including six live -work units, 8,500 square feet of retail space, a leasing office
and private recreational amenities including a public open space plaza (formally known as the
Beach and Ellis Mixed Use Project).
® Staff Recommendation: Approve Development Agreement No. 13-001 based upon the following:
- Consistent Frith the General Plan;
- Conforms to the provisions of Chapter 246 Development Agreements of the Huntington Beach
Zoning and Subdivision Ordinance;
- Consistent with the approved project and the Conditions of Approval and Mitigation Measures
adopted pursuant to Site Plan Review No. 12-001 and Environmental Impact Report No. 10-004;
and
- Ensures the mutually beneficial development of the approved project and serves the affordable
housing needs of the community by providing 27 affordable housing units.
RECOMMENDATION:
Motion to:
"Approve Development Agreement No. 13-001 with findings for approval (Attachment No. 1) and
forward Draft Ordinance (Attachment No. 2) to the City Council for adoption."
Item 12. - 51 HB -220-
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VICINITY MAP
DEVELOPMENT AGREEMENT NO. 13-001
(ELAN DEVELOPMENT - BEACH AND ELL1S MIXED USE PROJECT
18502-18552 BEACH DLVD)
HB -221- Item 12. - 52
ALTERNATIVE ACTIONN:
The Planning Commission may take alternative actions such as:
A. "Deny Development Agreement No. 13-001 with findings for denial."
B. "Continue Development Agreement No. 13-001 and direct staff accordingly."
PROJECT PROPOSAL:
Development Agreement No. 13-001 represents a request to enter into a Development Agreement
between the City of Huntington Beach and Elan Huntington Beach, LLC pursuant to approvals for the
Elan Project, a 274 unit residential mixed use development including six live -work units, 8,500 square
feet of retail space, a leasing office and private recreational amenities including a public open space plaza
(formally known as the Beach and Ellis Mixed Use Project).
On June 4, 2012, the City Council approved Site Plan Review No. 12-001 for the Beach and Ellis Mixed
Use project subject to conditions and mitigation measures. Condition No. 6_b. requires a development
agreement to be approved by the City Council and recorded to provide affordable dwelling units in
accordance with Section 2.2.3 of the BECSP and the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) as well as to specify required traffic mitigation fees.
ISSUES:
SubLct Property Land Use, Zoning, and General Plan Designations:
LOCATION
-GENERAL PLAN;
_
ZONING
LAND USE;
Subject Property:
M-sp-d (Mixed Use—
SP-14 (Beach and Edinger
Service Station,
Specific Plan Overlay —
Corridors Specific Plan)
Commercial Center and
Design Overlay)
Restaurant
North of Subject
M-sp-d, Residential
SP-14, RM
Commercial, Water
Property: (across
Medium Density (RM-
District pumping site
Ellis Ave.)
15)
and Residential
East of Subject
CG
CG
Single Room
Property
Occupancy (SRO)
South of Subject
M-sp-d
SP-14
General Commercial
Property
West of Subject
M-sp-d
SP 14
General Commercial
Property (across
Beach Blvd):
Item 12. - 53 °rt-5128/2013 HB -222- (13sr18 DA13-001)
General Plan Conformance:
The project site is located within the Town Center Neighborhood segments of the Beach and Edinger
Corridors Specific Plan. The General Plan land use designation is Mixed Use - Specific Plan Overlay -
Design Overlay (M-sp-d). The project is consistent with the following General Plan goals, policies and
obj ectives:
A. Housing Element
Goal H2: Provide adequate housing sites to accommodate regional housing needs.
Goal H 3: Assist in development of affordable housing.
Policy H 2.2: Facilitate the development of mixed use projects in appropriate commercial areas,
including stand-alone residential development (horizontal mixed use) and housing above ground
floor commercial uses (vertical mixed use). Establish mixed use zoning regulations.
Policy H 3.1: Encourage the production of housing that meets all economic segments of the
community, including lower, moderate, and upper income households, to maintain a balanced
community.
B. Land Use Element
Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in
the City.
Goal LU 4.2.4: Require that all development be designed to provide adequate space for access,
parking, supporting functions, open space, and other pertinent elements.
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while
maintaining the City's environmental resources and scale and character.
Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct
identity for the City's neighborhoods, corridors, and centers.
Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and
distribution of use and density depicted on the Land Use Plan Map, in accordance with the
principles discussed below:
a. Not applicable
b. Vary uses and densities along the City's extended commercial corridors, such as Beach
Boulevard.
c. Increase diversification of community and local commercial nodes to serve adjacent
residential neighborhoods.
d. Not applicable
e. Intermix uses and densities in large-scale development projects.
f. Site development to capitalize upon potential long-term transit improvements.
PC Staff Report-5/28/2013 HB -223- (13sr18ltem 12. - 54
g. Establish linkages among community areas, which may include pedestrian and vehicular
paths, landscape, signage, other streetscape elements, open space, transitions, in form,
scale, and density of development, and other elements.
Goal LU 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
Policy LU9.1.4: Require that recreational and open space amenities be incorporated in new multi-
family developments and that they be accessible to and of sufficient size to be usable by all
residents.
Goal LU 11: Achieve the development of projects that enable residents to live in proximity to
their jobs, commercial services, and entertainment, and reduce the need for automobile use.
The development agreement would ensure that affordable housing is developed in accordance with the
approved project and condition of approval requiring affordable housing. The project as a whole will
provide an alternative housing choice for those wanting to live closer to public transportation, services
and commercial retail, which encourages less reliance on automobile travel. The development agreement
would guarantee that the project provides 27 on -site affordable units. In doing so, these units will satisfy
the affordable housing obligations while providing housing for moderate income households.
Zoning Compliance:
The Elan Project, as approved pursuant to Site Plan Review No. 12-001 in 2012, is consistent with the
development standards and regulations of the Beach and Edinger Corridors Specific Plan. Development
Agreement No. 13-001 references the approved project and would ensure implementation of the project in
accordance with the conditions of approval and mitigation measures adopted for the site plan review
application.
Urban Desiffn Guidelines Conformance: Not Applicable
Environmental Status:
The affordable housing requirements/agreement, which are executed via the proposed development
agreement, was included in the scope of the proposed project's Environmental Impact Report (EIR No.
10-004) certified by the City Council on February 6, 2012.
Environmental Board: Not applicable
Coastal Status: Not applicable
Redevelopment Status: Not applicable
Design Review Board: Not applicable
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements:
Item 12. - 55 :,rt-5/28/2013 HB -224- (13sr18 DA13-001)
Development Agreement No. 13-001 was drafted by the City Attorney's office in coordination with the
Planning Division and Economic Development Department. In addition, Development Agreement No.
13-001 is consistent with conditions of approval for the project and applicable mitigation measures
adopted for EIR No. 10-004, which was reviewed by the Building Division, Fire, Police, Public Works,
Community Services and Economic Development Departments.
Public Notification:
Legal notice was published in the Huntington Beach Independent on May 16, 2013, and notices were sent
to property owners of record and occupants within a 500 ft. radius of the project site, interested parties,
and individuals/organizations that commented on EIR No. 10-004. As of May 21, 2012, no
communications on Development Agreement No. 13-001 have been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING_ DATE(S):
February 26, 2013 Not Applicable
Development Agreement No. 13-001 is required pursuant to the conditions of approval for Site Plan
Review No. 12-001, which was approved by the City Council on June 4, 2012.
ANALYSIS:
The Beach and Edinger Corridors Specific Plan, requires that a minimum of 10 percent of total units be
provided as affordable housing for new residential development of three or more units. Condition No.
6.b. states that an affordable housing agreement be approved by the City Council and recorded to provide
affordable dwelling units in accordance with the Specific Plan. The proposed agreement as submitted
complies with this condition.
Consistency with the Beach and Edinger Corridors Specific Plan and General Plan
The City is authorized pursuant to California Government Code Section 65864 et. Seq. and Chapter 246
of the Huntington Beach Zoning and Subdivision Ordinance to enter into binding development
agreements with persons or entities owning legal interests in real property located within the City. The
objective of a development agreement is to provide assurances that an applicant can proceed with a
project in accordance with existing policies and standards in place at the time of project approval. The
City and developer desire to enter into a development agreement for the subject site in order to achieve
the mutually beneficial development of the property and ensure that the project is developed in
accordance with the approval project pursuant to Site Plan Review No. 12-001.
The development agreement would be effective for five years and vests the developer's right to construct
the project pursuant to the terms of the agreement related to the affordable housing condition.
Development Agreement No. 13-001 references the project pursuant to Site Plan Review No. 12-001.
The development agreement is consistent with the General Plan land use designation as it relates to the
approved project's consistency with the General Plan.
PC Staff Report-5/28/2013 HB-225- (13sr111tem 12. - 56
Affordable Housing
The project is required to provide affordable housing in accordance with SP 14 and conditions of approval
for the project. Of the 274 total units, the project will provide the equivalent of 27.4 affordable units. A
total of 27 units will be developed onsite. The applicant will pay the fractional portion of 0.4 of the 10
percent requirement. The units will be available to moderate income level households. The development
agreement stipulates these requirements in addition to the 55-year affordability period and the timing for
which the affordable units shall be constructed. The development agreement also includes a separate
affordable housing agreement exhibit to be recorded, which further specifies details for the affordable
units including income requirements, household size and the timing for the affordability period to take
effect. The Regional Housing Needs Assessment (RHNA) identifies a housing target requirement of 414
moderate income level units, which this project will contribute to. Considering the number of units under
various stages of entitlement and construction, it is anticipated that the City could exceed the target by 95
units in this income category.
Traffic Fees
The project is required to provide traffic mitigation fees in accordance with mitigation measures adopted
pursuant to BECSP Program EIR No. 08-008. The traffic mitigation fees will provide for the proj ect's
fair share contribution to circulation system improvements necessary to mitigate traffic impacts resulting
from implementation of the BECSP. Condition No. 6.b required that the traffic impact fees be included in
the development agreement. This was required because the Citywide impact fee update had not yet been
approved by City Council and there was uncertainty as to what the new fees would be and how they
would apply. Because the fee is now adopted, the traffic impact fee item as part of Condition No. 6.b is
no longer necessary as part of the development agreement; however, payment of the fees is still ensured
through compliance with the mitigation measures and standard code requirements.
SUMMARY:
Staff recommends approval of Development Agreement No. 13-001 because it is:
• Consistent with the General Plan;
• Conforms to the provisions of Chapter 246 Development Agreements of the Huntington Beach
Zoning and Subdivision Ordinance;
• Consistent with the approved project and the Conditions of Approval and Mitigation Measures
adopted pursuant to Site Plan Review No. 12-001 and Environmental Impact Report No. 10-004;
and
• Ensures the mutually beneficial development of the approved project and serves the affordable
housing needs of the community by providing 27 affordable housing units.
ATTACHMENTS:
._
bleven
SH:JJ:rm
Item 12. - 57ort-5/28/2013 HB-226- (13sr18DA13-001)
ATTACHMENT
#4
xB -227- Item 12. - 58
City Of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
(714) 536-522-7 s www.huntingtonbeachea.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
NOTICE OF ACTION
June 11, 2012
Ben Brosseau Consulting, Inc.
15149 Camarillo Street
Sherman Oaks, CA 91403
Subject: Appeal of Site Plan Review No. 12-01 (Beach and Ellis Mixed Use Project)
Request: SPR 12-01 analyzes a request for the development of the Beach and Ellis Mixed
Use Project to permit 274 residential units (six live work units), 8,500 square feet
of retail space, associated private and public open space and parking on 2.74
acres located at the southeast corner of Beach Blvd and Ellis Avenue
Applicant: Bert Brosseau Consulting, Inc.
Appellant: Mayor Don Hansen
Property
Owner: Morrie Golchech, Progressive Property Mgmt., 10527 Santa Monica Blvd., Ste,
350, Los Angeles CA 90025
On Monday, June 4, 2012, the Huntington Beach City Council took action on your request and
approved Site Plan Review No. 12-01 (Beach and Effis Mixed Use Project) with findings and
conditions of approval, and CEQA Findings of Fact.
If there are any further questions, please contact Rosemary Medei, Associate Planner at (714)
374-1684.
Sincerer
Joan L. Flynn, C
City Cleric
Att: Findings/Conditions of Approval for Site Plan Review No. 12-001
GEQA Findings of Fact
Page 9, June 4, 2012 Action Agenda
c: Scott Hess, Director of Planning and Building
Rosemary Medel, Associate Planner
Morrie Goicheh, Progressive Property Management
(NOA 7i e1�ea6 Af UAWAe W**ere, New Zealand
Item 12. - 59 HB -228-
FINDINGS FOR APPROVAL - SITE PLAN REVIEW NO. 12-004:
Site Plan Review No. 12-001 for the construction of a mixed use development consisting of
274 multi -family residential units and 8,500 square feet of commercial area and associated
improvements will not be detrimental to the general welfare of persons working or residing in
the vicinity or detrimental to the value of property and improvements in the neighborhood as
this development replaces a mostly vacant and underperforming commercial center. The
mixed -use residential and commercial development, with the recommended conditions of
approval, incorporates architectural and design elements that provide' maximum
compatibility of design with the existing and anticipated development surrounding the project
site, promotes pedestrian accessibility, and promotes the image of the Huntington Beach
envisioned within the Beach and Edinger Corridors Specific Plan (BECSP). Structures on
the project site are four to six stories in height and feature enhanced building materials and
colors, building recesses and fagade offsets, and variation in massing composition. The
neighborhood will benefit from the proposed 17,540 sf of publicly accessible open space.
The project's conformance with the Beach and Edinger Corridors Specific Plan further
ensures that the form, height, and architectural design convey an overall high level of
quality.
2. The proposed mixed use project will not adversely affect the Circulation Plan of the BECSP.
The project will reduce the number of ingress/egress driveways at the site from six to two
thereby reducing conflicts with through traffic and the potential for accidents. The proposed
northerly garage entrance will be relocated to directly across from Patterson Lane to reduce
peak hour traffic impacts of west bound traffic from the project site. The project will dedicate
2 ft .along Beach Blvd and four ft along Ellis Ave to accommodate the Palm Tree Blvd and
Neighborhood Street public right-of-way improvements consistent with the BECSP. No
additional street improvements are required to improve capacity/efficiency on intersection
operations; however, the project will pay fees commensurate with the project's contribution
of traffic on the area -wide roadway system.
3. The project complies with the applicable provisions of the Beach and Edinger _Corridors
Specific Plan (SP14) and other applicable regulations. The project complies with the
development standards in terms of height, setbacks, minimum onsite parking, open space
and architectural regulations. The project also ensures that the form and architectural
design convey an overall high level of quality materials consistent with the vision of the
Specific Plana
4. The granting of the site plan review will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Mixed Use - Specific Plan Overlay -
Design Overlay .on the subject property. In addition, it is consistent with the following goals
and policies of the General Plan:
A. Air Quality Elemgat
Goal AD 1: Improve regional air quality by a) decreasing reliance on single occupancy
vehicular trips, b) increasing efficiency of transit, c) shortening vehicle trips through a
more efficient jobs -housing balance and a more efficient land use pattern, and d)
increasing energy efficiency.
HB -229- Item 12. - 60
Policy AQ 1.10,1: Continue to require
conservation features in all new construction.
B. Circulation Element
the utilization and installation of energy
Goal CE 2: Provide a circulation system which supports existing, approved and planned
land uses throughout the City while maintaining a desired level of service on all streets
and at all intersections.
Objective CE 3.2: Encourage new development that promotes and expands the use of
transit services.
Policy CE 6.1.6: Maintain existing pedestrian facilities and require new development to
provide pedestrian walkways and bicycle routes between developments, schools, and
public facilities.
C. Growth Management Element
Policy GM 1.1.7: Ensure that new development site design incorporates measures to
maximize policing safety and security.
Policy GM 2.1.4: Ensure that new development site design incorporates measures to
maximize fire safety and prevention.
D. Hazardous Materials Element
Goal HM 1: Reduce, to the greatest degree possible, the potential for harm to life,
property and the environment from hazardous materials and hazardous waste.
Obiective HM 1.1: Promote the proper handling, treatment and disposal of hazardous
materials and hazardous waste.
Policy HM 1.4.4: Require that owners of contaminated sites develop a remediation plan
with the assistance of the Orange County Environmental Management Agency (EMA).
E. Housing Element
Goal H 2: Provide adequate housing sites to accommodate regional housing needs.
Goal H 3: Assist in development of affordable housing.
Policy H 2.2: Facilitate the development of mixed use projects in appropriate
commercial areas, including stand-alone residential development (horizontal mixed use)
and housing above ground floor commercial uses (vertical mixed use). Establish mixed
use zoning regulations.
Policy H 3.1: Encourage the production of housing that meets all economic segments of
the community, including lower, moderate, and upper income households, to maintain a
balanced community.
F. Land Use Element
Item 12. - 61 . HB -230-
Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open
spaces in the City.
Goal LU 4.2.4: Require that ail development be designed to provide adequate space for
access, parking, supporting functions, open space, and other pertinent elements.
Goal LU 7: Achieve a diversity of land uses that sustain the City s economic viability,
while maintaining the City's environmental resources and scale and character.
Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a
distinct identity for the City's neighborhoods, corridors, and centers.
Policy LU 8.1.1: Accommodate land use development in accordance with the patterns
and distribution of use and density depicted on the Land Use Plan Map, in accordance
with the principles discussed below:
a. Not applicable
b. Vary uses and densities along the City's extended commercial corridors, such as
Beach Boulevard.
c. increase diversification of community and local commercial nodes to serve
adjacent residential neighborhoods.
e. intermix uses and densities in large-scale development projects.
f. Site development to capitalize upon potential long-term transit improvements.
g. Establish linkages among community areas, which may include pedestrian and
vehicular paths, landscape, signage, other streetscape elements, open space,
transitions, in form, scale, and density of development, and other elements.
Goal LU 9: Achieve the development of a range of housing units that provides for the
diverse economic, physical, and social needs of existing and future residents of
Huntington Beach.
Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in
new multi -family developments and that they be accessible to and of sufficient size to be
usable by all residents.
Goal LU 11: Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and reduce the need for
automobile use.
Policy LU 11.1.2: Limit commercial uses in mixed use development projects to those
uses that are compatible with the residences_
Policy LU 11.1.4: Require the incorporation of adequate onsite open space and
recreational facilities to serve the needs of the residents in mixed use development
projects.
Policy LU 11.1.5: Require that mixed use developments be designed to mitigate
potential conflicts between the commercial and residential uses, considering such issues
as noise, lighting, security, and truck and automobile access.
HB -231- Item 12. - 62
Policy LU 11.13: Require that the ground floor of structures that horizontally integrate
housing with commercial uses locate commercial uses along the street frontage
(housing may be located to the rear and/or on upper floors).
Policy LU 11.1.7: Require that mixed use development projects be designed to achieve
a consistent and high quality character, including the consideration of the:
a. Visual and physical integration among the commercial and residential uses
(Plates LU-3 and LU-4);
b. Architectural treatment of building elevations to convey the visual character of
multiple building volumes and individual storefronts and residential units
G. Noise Element
Policy N 1.2.1: Require, in areas where noise levels exceed an exterior Ld, of 60 dB(A)
and an interior Ld, of 45 dB(A), that all new development of "noise sensitive" land uses,
such as housing, health care facilities, schools, libraries, and religious facilities, include
appropriate buffering and/or construction mitigation measures that will reduce noise
exposure to levels within acceptable limits.
Policy N 1.2.3: Require development, in all areas where the ambient noise level exceeds
an Ldn of 60 dB(A), to conduct an acoustical analysis and incorporate special design
measures in their construction, thereby, reducing interior noise levels to the 45 dB (A)
Ld, level.
Policy N 1.5.1: Require that commercial and residential mixed use structures minimize
the transfer or transmission of noise and vibration from the commercial land use to the
residential land use. The design measures may include: (1) the use of materials which
mitigate sound transmission; or (2) the configuration of interior spaces to minimize sound
amplification and transmission.
H. Recreation and Community Services Element
Policy RCS 2.1.1: Maintain the current park per capita ratio of 5.0 acres per 1,000
persons, which includes the beach in the calculation.
1. Urban Design Element
Goal UD 1: Enhance the visual image of the City of Huntington Beach.
Obiective UD 1.3: Strengthen the visual character of the City's street hierarchy in order
to clarify the City's structure and improve Citywide identity.
Policy UD 1.1.3: Require a consistent design theme and/or landscape design character
along the community's corridors that reflects the unique qualities of each district. Ensure
that streetscape standards for the major commercial corridors, the residential corridors,
and primary and secondary image corridors provide each corridor with its own identity
while promoting visual continuity throughout the City-
J. Utilities Element
Item 12. - 63 xB -232-
Obiective U 1.2. Ensure that existing and new development does not degrade the City's
surface waters and groundwater basins.
Obiective U 1.3: Minimize water consumption rates through site design, use of efficient
systems, and other techniques.
Policy U 1.3.2: Continue to require the incorporation of water conservation features in
the design of all new and existing uses such as the use of native plants, low flow toilets
and water efficient appliances.
The project would provide a mixed use, urban infili development with 274 rental units increasing
housing options for diverse household types, promoting alternative modes of transportation,
creating a local sense of place, reducing infrastructure and maintenance costs, and allowing for
more efficient use of land resources. The area has a variety of complementary uses that are
critical to any vibrant community such as the Five Point Shopping Center, several commercial
centers, Senior Housing projects and its proximity to the beach at a distance of 0.75 miles. The
proposed project maximizes the density contributing to one of the two most urbanized areas
envisioned within the Specific Plan: Town Center Neighborhood. The project promotes walking
between the various commercial uses and services reducing vehicular trips and pollution. The
proposed project and unit mix was designed to provide new urban lifestyle being embraced by the
younger population providing more technology, less space heeded not as dependent on their own
individual automobile. The project is required to meet the City's affordable housing obligations
providing 27 on -site affordable units. The proposed project will provide work force housing to the
residents of Huntington Beach and Northern Orange County. The proposed project incorporates
architectural and design principles to provide a pedestrian -oriented scale and ensure maximum
design compatibility with the surrounding commercial, quasi -residential use and multiple family
neighborhood. The project will be designed and certified to a Green Point Rated rating program
for the residential portion of the project and LEED Silver Certified rating for the commercial portion
of the project and will meet City noise requirements. Bicycle parking is located within the garage
providing sufficient area to accommodate 70 spaces. Residential parking areas would-be well -lit
with parking for residents secured from public and commercial parking areas. Guest parking is
located next to the commercial parking stalls and behind the secured gated residential parking
area, The project would comply with the BECSP and other City codes to reduce water
consumption and stormwater runoff. The project will incorporate sustainable site development
strategies, utilize water savings features, emphasize recycling of resources and materials and
maximize indoor environmental quality through design features and community policies. The
project will result in remediation of the site. Mitigation Measures 4.6-1 through 4.6-3 ensure
remediation of contaminated soils containing hazardous materials prior to development of the
proposed project and provide supplemental procedures in the event of unanticipated discoveries
of contaminants during construction. As described in the EIR some site remediation has already
occurred and is ongoing with regulatory protocols in place. If unknown contamination is
encountered, a Risk Management Plan shall be prepared and implemented that identifies the
contaminants of concern and the potential risk posed to human health.
CONDITIONS OF APPROVAL — SITE PLAN REVIEW NO. 12-001:
1. The site plan received May 7, 2012, floor plans and elevations received May 1, 2012 and
revised colored elevations received May 2, 2012 for Site Plan Review No. 12-001, shall be the
conceptually approved design except as amended by the conditions specified as follows:
xB -233_ Item 12. - 64
a) One set of project plans and one S '/ inch by 11 inch set of all colored renderings,
elevations, and materials sample and color palette, revised pursuant to Condition of
Approvals and Code. Requirements, shall be submitted for review, approval and inclusion
in the entitlement file, to the Planning Division
b) Zoning entitlement conditions of approval, code requirements identified herein and code
requirements identified in separately transmitted memorandum from the Departments of
Fire and Public Works shall be printed verbatim on one of the first three pages of all the
working drawing sets used for issuance of building permits (architectural, structural,
electrical, mechanical and plumbing) and shall be referenced in the sheet index. The
minimum font size utilized for printed text shall be 12 point.
c) Contact the United States Postal Service for approval of mailbox location(s).
6. Prior to issuance of a building permit the following shall be completed:
a) The property owner/developer shall provide a Landscape Maintenance License
Agreement to address the continuing maintenance and liability for all landscaping,
irrigation furniture and enhanced hardscape that encroaches into the Beach Blvd and Ellis
Avenue Rights -of -Way. The agreement shall describe all aspects of maintenance such as
enhanced sidewalk cleaning trash cans disposal of trash signs tree or palm replacement
and any other aspect of maintenance that is warranted by the development plan
improvements proposed. The agreement shall state that the property ownership shall be
responsible for all costs associated with maintenance repair, replacement, liability and
fees imposed by the County. City and/or Caltrans.
b) A Development Agreement shall be approved by the City Council and recorded. The
Agreement shall provide for affordable dwelling units in accordance with the Beach and
_Edinger Corridors Specific Plan (BECSP) and the Huntington Beach Zoning and
Subdivision Ordinance as well as required traffic mitigation fees. The number and location
of units and affordability terms shall be set forth in the Development Agreement.
c) A public art element approved by the Design Review Board Director of Planning and
Building, and the Cultural Services Supervisor, shall be depicted on the plans. Public Art
shall be innovative original and of artistic excellence; appropriate to the design of the
project,, and reflective of the community's cultural identity (ecology, history, or society).
7. Prior to occupancy of the first dwelling unit and/or commercial tenant, the following shall be
completed:
a) A Parking Management Plan, approved by the property owner/developer shall be
submitted for review and approval by the Planning Division. Said plan shall depict
designated (residents/ tenants / employees / guests / public/ customers / carpooling)
parking space locations.
b) The property owner/developer shall submit proof of registration with the GreenPoint Rated
and LEED Silver program and a checklist of how certification is proposed to be achieved.
Within 45 days of final building permit approval, the property owner/developer shall
provide a final report by an accredited third party stating that the project has achieved
LEED Silver for the retail portion of the development. The residential units shall receive a
GreenPoint Rated certification that is equivalent of TEED Silver. The developer shall
provide the City with evidence of said certification.
Item 12. - 65 HB -234-
a) The north (Ellis) elevation shall be revised to reflect the relocation of the Ellis driveway per
the site plan dated May 7, 2012,
b) East elevation (west garage exterior wall) of Plaza, shall be enhanced through use of
landscaping, upgraded materials, installation of public art or other design feature approved
by the Planning Division.
c) Rooffines of east and south elevations of Building 2 shall be designed at varied heights to
create a visual break.
d) Removable bollards shall be installed at both the north and south entrances of the Plaza.
e) Existing surface and sub -surface utilities (electrical pull boxes/vaults/m anhol es/vent
pipes/manholes/vent pipes/traffic signal control pullboxes/cabinets, etc.) located along
Beach Blvd _and Ellis Ave frontages of the project site shall be relocated to allow for
construction of the street standards and specifications of BECSP and to allow for
maximum visibility of the new commercial component of the mixed use project. Ail utility
relocation shall be permitted through the appropriate agency or utility company and
coordinated with the City of Huntington Beach Planning and Building Department.
2. Comply with all mitigation measures adopted for the project in conjunction with certified
Environmental Impact Report No. 10-004.
At least 14 days prior to any grading activity, the property owner/developer shall provide
notice in writing to property owners of record and tenants of properties within a 500-foot radius
of the project site as noticed for the public hearing. The notice shall include a general
description of planned grading activities and an estimated timeline for commencement and
completion of work and a contact person name with phone number. Prior to issuance of the
grading permit, a copy of the notice and list of recipients shall be submitted to the Planning
and Building Department.
4. Prior to issuance of a precise grading permit, the following shall be completed:
a) The proiect site is located in close vicinity to Orange County Water Districts' Seawater
Intrusion Barrier and Groundwater Replenishment System. The applicant shall coordinate
with, and obtain approval and permit from OCWD for the construction of the proposed
underground parking structure/foundation, and shall satisfy all GCWD requirements to
mitigate any impact to the said Seawater intrusion Barrier and Groundwater
Replenishment System. A copy of the permit/approval shall be transmitted to the Public
Works Department_
b) If tie -backs or other method of horizontal anchoring systems are proposed for construction
of any temporary and/or permanent earth retaining structure, no encroachment of such
anchor shall be allowed within the public right-of-way.
c) Caltrans encroachment permits for work within the Caltrans right-of-way (for construction
of sidewalks, driveways, utility connections, drainage etc.) shall be obtained by the
applicant prior to City issuance of a grading permit. Since Caltrans does not allow any
increase in drainage above existing onto Beach Boulevard, the applicant shall include a
Hydrology Study for Caltrans review and approval with the encroachment permit
application. A copy of each submittal, encroachment permit, traffic control plans and/or
other permission granted by Caltrans shall be transmitted to the Public Works Department.
5. Prior to submittal for building permits, the following shall be completed:
HB -235- Item 12. - 66
c) Interior of parking structure shalt be painted white to reflect natural light and increase
illumination. Lighting shall be placed in a manner to illuminate the interior of vehicles
allowing individuals approaching their vehicles to see inside prior to their entry.
d) If complex will restrict entry to residents only by locked entry points, then those security
systems shall be user friendly to the Police and Fire Departments.
e) Addresses and unit numbers shall be painted on the roofs of the apartments. Unit number
on interior shall be a minimum of Tx 1 Y2. ".
f) The existing power poles along the easterly side of the project property line shall be
undergrounded.
g) The property owner/developer shall submit documentation to the Planning Division
showing compliance with the Acoustical Study dated April 26, 2012.
8. Operation and use of the project shall comply with the following:
a) Live work units shall not be rented separately.
b) Security gates shall be installed at the southern paseo at the east property line entrance
and the area immediately east of the fire lane. This area shall be accessible to residents
only after dark and shall remain open during daylight hours.
9. Signage is not approved as part of Site Plan No. 12-001 and shall not be installed prior to
approval of a Planned Sign Program by the Planning Division.
10. The developer or developer's representative shall be responsible for ensuring the accuracy of
all plans and information submitted to the City for review and approval.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project property
owner/developer if different from the property owner, and each of their heirs, successors and
assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents,
officers, and employees from any claim, action or proceedings, liability cost, including attorney's
fees and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City. shall
promptly notify the property owner/developer of any claim, action or proceeding and should
cooperate fully in the defense thereof.
Item 12. - 67 HB -236-
INTRODUCTION
This document presents the potential impacts that were identified in the Environmental Assessment for
the currently proposed pro)ect as well as the previously approved EIR (EIR No. 10-004) and the Endings
that are required in accordance with Section 15091 of the CEQA Guidelines. The possible findings for
each significant and/or potentially significant adverse impact are as follows:
(a) Changes or alterations have been required in, or incorporated into the project which avoid,
substantially lessen, or reduce the magnitude of the significant environmental effect as identified in
the EIR ("Finding 1").
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency
and not the agency making the findings. Such changes have been adopted by such other -agency or
can and should be adopted by such other agency ("Finding 2").
(c) Specific economic, social, or other considerations make infeasible the mitigation measures or
project alternatives in the EIR ("Finding 3").
CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or
substantially reduce significant environmental impacts that would otherwise occur as a result of a project.
Project modification or alternatives are not required, however, where they are infeasible or where the
responsibility for modifying the project lies with some other agency (CEQA Guidelines g15091(a)(3)).
Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic, environmental,
social and technological factors_" (See also Citizens of Goleta Valley v. Board of Supervisors [Goletz I11
[19901 52 Ca_3d 553, 565 [276 Cal. Rptr. 410].)
This document presents the City of Huntington Beach findings as required by CEQA, cites substantial
evidence in the record in support of each of the findings, and presents an explanation to supply the
logical step between the finding and the facts in the record (State CEQA Guidelines g15091). Additional
facts that.support the findings are set forth in the Environmental Assessment for the currently proposed
project as well as the previously approved EIR (EIR No. 10-004).
Table 1 (CEQA Findings for the Beach and Ellis Mixed Use Project Environmental Assessment)
summarizes the potentially significant impacts of the currently proposed project in the Environmental
Assessment that were reduced to less -than -significant levels with mitigation as well as the project -level
and cumulative significant impacts. The currently proposed project would allow for development of 274
apartment dwelling units and 8,500 sf of commercial uses.
HB -237- Item 12. - 68
M
Aesthetics
Impact XIII (d) implementation of the currently The currently proposed project has heights that range from three to six stories. Buildings Finding 1. The City finds that the Identified
proposed project would introduce new sources of generally three or more stories in height have the potential to include large building faces changes or alterations in the project, which would
light and glare Into the project vicinity that could that could Introduce reflective surfaces that could Increase existing levels of daytime reduce ImpactXlll (d) to less-than-signlficant
adversely affect day or nighttime views in the area. glare. The currently proposed project could, therefore, serve as a new source of light and levels, are hereby incorporated Into the project.
However, with Implementation of mitigation glare In the area, and impacts would be potentially significant. However, Implementation No additional mitigation measures are necessary
measures, this Impact Is considered less than of mitigation measure BECSP MM4.1-2 would reduce Impacts to a less -than -significant with the implementation of mitigation measure
significant. level, MM4.1-2.
Air Quality
The provision of non -reflective fagade treatments for new structures would ensure that
impacts related to daytime glare would be reduced to a less -than -significant level by
reducing the reflective properties of the building materials employed, such as glass,
metal, or finished concrete.
ImpactV (a) Implementation of the currently Construction of the currently proposed project would generate emissions that exceed the
proposed project could violate an air quality thresholds of significance recommended by the SCAQMD for VOC, a criteria pollutant.
standard and contribute substantially to an existing Implementation of mitigation measures BECSP MM4.2-1 through BECSP MM4.2-14
r or projected air quality violation for criteria air would reduce construction -related emissions however, they may not reduce these
pollutants. Even with mitigation measures, this emissions to levels below the SCAQMD thresholds. No further feasible mitigation
Impact is considered significant and unavoidable, measures are available and this Impact would be considered significant and unavoidable.
ImpactV (b) Implementation of the currently For the purposes of this analysis, the nearest existing sensitive receptors to the project
proposed project could expose sensitive receptors site would be the existing SRO units along Ellis Avenue immediately adjacent and to the
to substantial pollutant concentrations. With east of the project site, and the single-family properties along Ellis Avenue to the north of
In of mitigation measures, this Impact is the proposed project site, located approximately 75 feet from the project site's property
considered less than significant. line.
With the implementation of mitigation measures BECSP MM4.2-1 through BECSP
MM4.2-11 and Project MM4,2-15, emissions will be reduced during construction,
Therefore, with mitigation, impacts to localized sensitive receptors will be less than
significant during construction.
Finding 3. The City finds that even with
Implementation of all feasible mitigation
measures and compliance with applicable
requirements, construction emissions of the
currently proposed project could result In an
exceedance of established thresholds for daily
construction emissions. No mitigation measures
in addition to BECSP MM4.2-1 through BECSP
MM4.2-14 are feasible to reduce construction air
quality Impacts.
Finding 1, The City finds that the Identified
changes or alterations in the project, which would
reduce ImpactV (b) to less -than -significant
levels, are hereby incorporated into the project.
No additional mitigation measures are necessary
with the Implementation of mitigation measure-
BECSP MM4.2A through BECSP MM4,2-11 and
Project MM4.2-15,
ImpactV (e) Implementation of the currently Construction of the currently proposed project would generate emissions that would Finding 3, The City finds that even with
proposed project would result in a cumulatively exceed the thresholds of significance recommended by the SCAQMD for VOC. Because implementation: of all feasible mitigation
considerable net increase of criteria pollutants for the South Coast Air Basin is currently In nonattainment for 03 (for which VOC and NC measures and compliance with applicable
which the proposed project region is 1n are precursors) and PM10 under national and state standards, and is In nonattainment requirements construction emissions of the
Im Sk*in6hf
Irripm;tSurr1rhoryflnrBn
gs
nonattainment under an applicable federal or state
for CO under national standards, projects could cumulatively exceed an air quality
currently proposed project would result in an
ambient air quality standard. This Impact Is
standard or contribute to an existing or projected air quality exceedance,
exceedance of established thresholds for daily
considered significant and unavoidable.
Implementation of mitigation measures BECSP MM4.2-1 through BECSP MM4.2-14
emissions in the cumulative scenario. No feasible
would reduce VOC emissions, but not to a less than significant level. Therefore, even
mitigation measures In addition to mitigation
with mitigation emissions during construction will remain significant and unavoidable and
measures BECSP MM4.2-1 through BECSP
cumulatively considerable.
MM4.2-14 are available.
Cumulative Air Quality
The proposed project Would exceed SCAQMD thresholds for the pollutants and
Finding 3. The City finds that even with
precursors of ozone for which the Basin is in nonattainment. Therefore, the currently
implementation of all feasible mitigation
proposed project would make cumulatively considerable contributions of these pollutants
measures, compliance with applicable
during construction of the currently proposed project. Mitigation measures BECSP
requirements, and changes to the project,
MM4.2-1 through BECSP MM4.2-14 will be Implemented during construction activities to
" construction and operational emissions of the
reduce emissions to the extent feasible but the potential impact will not be reduced to a
proposed project would result In an exceedance
less -than -significant Impact. Therefore, the currently proposed project would result in a
of established thresholds for daily emissions in '
significant and unavoidable cumulative air quality impact.
the cumulative scenario, No feasible mitigation
measures in addition to mitigation measures
MM4.2-1 through MM4.2-14 are available.
Biological Resources
Impact Vi1(a) Construction of the proposed project
Vegetation on the project site is limited to trees and landscaping associated with the
Finding 1. The City finds that the identified
could have a substantial adverse effect, either
existing commercial uses. Within the parking lot trees located on the project site, there Is
changes or -alterations In the currently proposed
directly or through habitat modlficatlons, on birds
the potential for birds protected under the MBTA to nest. Prior to any construction
project, which would reduce impact VII (a) to
protected under the Migratory BW Treaty Act
activities occurring between February 15 and August 31 annually (breeding season), a
less -than -significant levels, are hereby
However, with mitigation measures, this impact is
nesting bird survey would be conducted as required by mitigation measure BECSP
incorporated Into the currently proposed project.
considered less than significant,
MM4.3-1.
No additional mitigation measures are necessary
In the event that active nests are identified within 250 feet of the construction site, a 100-
with the implementation of mitigation measure
foot no work buffer would be maintained between the nest and construction activity.
BECSP MM4.3-1.
Consultation with the CDFG and USFWS is also encouraged, This survey would be
submitted to the City of Huntington Beach prior to issuance of a grading permit. As such,
implementation of mitigation measure BECSP MM4,3-1 would ensure protection of
migratory bird species and habitat through focused surveys and the proposed project
would result in a less than significant impact.
Cultural Resources
Impact XIV (b&d) Construction activities
A records search was conducted by the South Central Coastal Information Center
Finding 1. The City finds that the identified
associated with implementation of the currently
(SCCIC) of the BECSP area. This search Indicated that archaeological resources are
changes or alterations In the currently project,
proposed project could cause a substantial
present within the BECSP area, though not on the project site. These sites have likely
which would reduce ImpactXIV (b&d) to less -
adverse change In the significance of an
been destroyed or capped since they were first discovered, In addition, the NAHC
than -significant levels, are hereby Incorporated
archaeological resource or disturb human remains,
identified the presence of Native American cultural resources in the Immediate BECSP
into the ' oroiect. No additional mltinatinn
O
r-�
CD
N
J
IMPOdStabrinent
With incorporation of mitigation measures, this
Impact Is considered less than significant.
IMPO'ctsurnificrryFlncNrt
area and noted that the general area was considered sensitive for cultural resources,
Finally,
measures are necessary with implementation of
representatives from the Gabrieliflo Tongva Nation contacted PBSU to express
mitigation measure MM4.4-2(b).
their concerns about the sensitivity of the BECSP area for Native American resources
and burial grounds. Therefore, the BECSP area is considered to be sensitive for the
presence of Native American cultural resources, Including human remains. However,
because the project site has been previously disturbed and is considered to be entirely
developed, and the records search conducted by the SCCIC did not identify
archeological resources on the project site, archaeological resources are not likely to be
encountered as a result of the currently proposed project and mitigation measure BECSP
MM4.4-2(a) would not be applicable. However, earthmoving activities could result in the
uncovering of previously unidentified resources. Incorporation of mitigation measure
BECSP MM4,4-2(b) would reduce any Impacts from this occurrence to a less than
significant level,
Impact XIV (c) Construction activities associated
with implementation the
According to a paleontological records search performed by the Natural History Museum
Finding 1. The City finds that the Identified
of currently proposed
project could result in the disturbance
of Los Angeles County in September 2008 for the BECSP area, no previously recorded
changes or alterations in the currently proposed
of,
paleontological resources. With Incorporation of
paleontological resources are located within the BECSP area, including the proposed
project site. However, the search did identify several paleontological resources in the
project, which would reduce Impact XIV (c) to
less-than-slgnificant levels, are hereby
mitigation measures, this impact is considered less
than significant,
BECSP vicinity, as well as solls that often contain vertebrate and Invertebrate fossils. As
incorporated Into the project. No additional
such, the BECSP EIR concluded that the entire plan area, including the project site Is
mitigation measures are necessary with
considered sensitive for paleontological resources. In compliance with mitigation
Implementation of mitigation measure
measure BECSP MM4.4-3(e), a records search for the project site was conducted for
MM4.4-3(b).
EIR No. 10-004, and turned up negative for the presence of paleontological resources on
the project site. However, because of the area's sensitivity, the currently proposed project
Is required to comply with mitigation measure BECSP MM4.4-3(b) in the event that a
previously unldentified unique paleontological resource or geological feature is
discovered during ground disturbing activities. As such, the currently proposed project
would result In a less than significant Impact to paleontological resources.
Geology and Solis
Impact III (a) Future development under the According to the Liquefaction Potential map included as Figure EH-7 of the Huntington Finding 1. The City finds that the identified
currently proposed project could expose people Beach General Plan, Environmental Hazards Element, the project site is located in area changes or alterations in the currently proposed
and/or structures to potentially substantial adverse identified as having a low potential for liquefaction. However, based on review of the project, which would reduce Impact Ili (a) to less -
effects, Including the risk of loss, injury, or death, California Seismic Hazard Zones Newport Beach 7.5-Minute Quadrangle, which Identifies than -significant levels, are hereby incorporated
Involving fault rupture, strong seismic the site as not being located within a liquefaction hazard zone, the Preliminary Into the project. No additional mitigation
groundshaking, seismic -related ground failure, Geotechnlcal investigation prepared for the site concluded that the potential for measures are necessary with the implementation
including liquefaction, and/or landslides. With liquefaction and seismic -induced settlement is expected to be very low. Regardless, of mitigation measure BECSP MM4.5-1,
implementation of mitigation measures and impacts associated with seismic hazards, including liquefaction, would be addressed
compliance with applicable State and City through adherence to applicable regulations including the City of Huntington Beach
regulations, this Im act -is considered less than BuildingCode which has ado tad the 2010 CBC, the Grading and Excavation Code, and
` rnio'd *Ilemenf '
significant,
Impact III (b) Construction of the currently
proposed project could result in substantial soil
erosion, loss of top soil, changes in topography or
unstable soil conditions. However, with compliance
with slope stability, soil stability, and selsmic-
resistant design standards for structures proposed
for human occupancy required by the City of
tc Huntington Beach General Plan, Building Code,
and Grading and Excavation Code and
implementation of code requirements and
mitigation measures, this Impact is considered less
than significant.
Impact III (c) The currently proposed project could
be located on a geologic unit that would become
unstable as a result of the project and potentially
result in on or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse, However, with
compliance with slope and soil stability standards
required by the City of Huntington Beach General
Plan' Building Code,'and Grading and Excavation
Coda, as well as Implementation of code
requirements and mitigation measures, this Impact
is considered less than significant,
state requirements pertaining to geologic, soil, and seismic hazards, Additionally, as
required by mitigation measure BECSP MM4.5-1, a soils and geotechnical report would
be prepared for the proposed project and submitted to the City with the first submittal of a
grading plan for the project. The design, grading, and structural recommendations of the
final soil and geotechnical report would be Incorporated into the currently proposed
project's grading plan. In light of the strict regulations in place to control development of
structures In a seismically active region, and the incorporation of project -specific design
recommendations into project plans, the currently proposed project's Impact due to
exposure to seismically induced groundshaking, and seismic -related ground failure would
be less than significant.
Grading and excavation would expose soil to erosional processes and could result in the
loss of topsoil during construction. As part of the project, a site -specific Stormwater
Pollution Prevention Plan (mitlgatlon measure PROJECT MM4.5-2), which Is part of the
NPDES Municipal General Permit, would be prepared. Implementation of Best
Management Practices during construction activities as required by the NPDES permit
would reduce the potential for soil erosion or the loss of topsoil. Unstable soil conditions
would be addressed through compliance with the Grading and Excavation Code and
Incorporation of the recommendations of the project -specific Geotechnicai Engineering
Feasibility Report Into the currently proposed project's final grading plan, as required by
mitigation measure BECSP MM4.5-1, Compliance with applicable requirements would
ensure that this Impact remain less than significant,
According to the Preliminary Geotechnlcal Evaluation, the groundwater at the site ranges
from approximately 30 to 59 feet below existing grades, which is consistent with the
historical ground water data for the project that Indicates groundwater depths In excess of
30 feet. Based on this depth to groundwater, the Preliminary Geotechnlcal Evaluation
concluded that ground water is not likely to be encountered during foundation
construction; however, higher localized and seasonal perched ground water conditions
may accumulate below the surface depending on numerous factors Including seasonal
rainfall, local Irrigation, and ground water pumping, among others. Due to the potential for
shallow groundwater, dewatering activities could be needed during the excavation
(grading and shoring) and subgrade construction (for building foundation) stages of
construction. Temporary shoring, dewatering wells, storage tanks, filters, and erosion
control measures would be required to comply with the City's Grading Manual (Chapter
17.05.030 of the Huntington Beach Municipal Code), Dewatering activities would be
required in order to comply with the NPDES Permit for Groundwater Discharge from the
Santa Ana Regional Water Quality Control Board, Additionally, the currently proposed
project would be desloned according to the recommendations of the Droiect-specific
_ . Flr►tlfnga � .
Finding 1. The City finds that the identified
changes or alterations in the currently proposed
project, which would reduce Impact III (b) to less -
than -significant levels, are hereby Incorporated
Into the currently proposed project. No additional
mitigation measures are necessary with the
implementation mitigation measure BECSP
MM4.5-1.
Finding 1. The City finds that the identified
changes or alterations In the currently proposed
project, which would reduce Impact IIi (c) to a
less -than -significant level, are hereby
incorporated Into the currently proposed project.
No additional mitigation measures are necessary
with the Implementation of code requirement
BECSP CR4.5-1 and mitigation measure BECSP
MM4.5-1.
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Geotechnical Report, required by code requirement BECSP CR4,5-1. The currently
proposed project would be designed, constructed, and operated in conformance with
Section 1802.2.1 (Questionable Soils) of the Clty's Municipal Code and Title 17
Excavation and Grading Code.
The currently proposed project site is identified as having a very low potential for
liquefaction to occur. In the event that liquefaction does occur, the primary effect is
expected to be ground surface settlement due to the consolidation of the liquefied
material. Settlement could also be caused by loads generated by large earthmoving
equipment or occur as a result of the placement of new fill or structural loads above the
existing grade. Potential impacts associated with settlement would be addressed through
the Incorporation of specific engineering recommendations to be Included in the final soils
and geology report prepared for the currently proposed project, as required by code
requirement BECSP CR4.5-1, and included in the currently proposed project's final
grading plans consistent with mitigation measure BECSP MM4.5-1. Additionally, the
currently proposed structures would be designed, constructed, and operated In
conformance with Section 1802.2.1 (Questionable Soils) of the 2010 CBC and Title 17
Excavation and Grading Code. As such, the currently proposed project would not be
located on an unstable geologic unit or soil that could become unstable. Therefore, would
be a less than significant Impact.
impact iIi (d) The currently proposed project site Is
Identified as having a "low to moderate" potential
The currently proposed project site Is identified as having a "low to moderate" potential
for expansive soils on the Expansive Soils Distribution map, Figure EH-12 of the
Finding 1. The City finds that the identified
changes or alterations In the currently proposed
for expansive soils. However, with compliance with
soil stability standards required by the City of
Huntington Beach General Plan Environmental Hazards Element. Risks associated with
expansive soil are addressed through adherence to Section 180221 (Questionable
project, which would reduce Impact III (d) to a
less level,
Huntington Beach General Plan, Building Code,
and Grading and Excavation
Soils) from the 2010 CBC and Title 17 (Excavation and Grading Code), as well the
-than -significant are hereby
incorporated into the currently proposed project.
Code, and
Implementation of code
Incorporation of recommendations of the final soils and geology study, as required by
No additional mitigation measures are necessary
requirements and
mitigation measures, this impact is considered less
code requirement BECSP CR4.5.1 Into the currently proposed project's grading plans
(Mitigation Measure BECSP MM4.5-1). As such, potential risks to life and property
with the implementation of code requirement
BECSP CR4.5-1 and mitigation measure BECSP
than slgniricant,
associated with expansive soils would be less than significant.
MM4.5-1.
Hazards and Hazardous Materials
Impact IX (b) Implementation of the currently In order to address the potential for encountering contamination within the project area, a Finding 1, The City finds that the Identified
proposed project could create a potential Phase I ESA report and a Phase II Investigation report were prepared, as required by changes or alterations In the currently proposed
significant hazard to the public or the environment mitigation measure BECSP MM4.6-1, to Investigate potential contamination and require project, which would reduce Impact IX (b) to less -
through reasonably foreseeable upset and accident remediation if necessary, prior to Issuance of any occupancy permits. The Phase i, than -significant levels, are hereby Incorporated
conditions Involving the release of hazardous completed In January 2007 by SCS, revealed that the active gas station is a LUST site into the currently proposed project, No additional
materials Into the environment. However, with with ongoing remediation of soil and quarterly groundwater monitoring under the mitigation, measures are necessary with the
compliance with existing regulations and oversight of the SARWQCB and OCHCA. To remedlate any existing conditions at the implementation of mitigation measures BECSP
im lementation of mitigation measures this Impact Rroject site various work plans have been submitted to and were approved by OCHCA. MM4.6-1, BECSP MM4.6-2, and BECSP MM4.6-
Irri" StaFement _1MPcrctS&Mmc1rY FinCR795
is considered less than significant. These work plans Include an Additional Site Assessment to address potential soil and 3,
groundwater contamination, separate phase hydrocarbon removal, soli vapor survey, and
the installation of a "deep zone" groundwater monitoring well, Remediation efforts would
continue with implementation of the proposed project for an Indeterminate time. As part
of the proposed project, existing monitoring equipment that is currently located outside
Wil be relocated within the proposed parking garage to allow for testing and treatment of
the aquifer. Identification and remedlation of known contamination on the project site was
required by the previously certified EIR and is also required for the proposed project.
Mitigation measures to be Implemented Include BECSP MM4.6-1 and BECSP MM4.672,
which requires the preparation and implementation of a Risk Management Plan in the
event that unknown or unidentified soil and/or groundwater is encountered would
minimize the potential risk of contamination created by implementation of the proposed
project.
The currently proposed project site is located within a Methane Overlay District and Is
therefore subject to mitigation measure BECSP MM4.6-3, which requires the project to
comply with HBFD City Specification No. 429, Methane District Building Permit
Requirement prior to issuance of a grading permit. Specifically, the Applicant would be
required to submit a plan for the testing of solls for the presence of methane gas to
determine if a problem exists and to rule methane out as a potential concern to the HBFD
prior to commencement of sampling. In the event that methane gas is discovered,
appropriate measures to reduce the potential impacts of methane gas to future
occupants and visitors of the project site would be required as per City Specification No.
429 (Methane District Building Permit Requirements) and mitigation measures BECSP
MM4,6-3. Implementation of mitigation measure BECSP MM4.6-3 would reduce any
impacts associated with methane gas by ensuring that appropriate testing and methods
of gas detection are implemented. at the project site, as required by the HBFD. As such,
the potential Impacts associated with methane gas would be reduced to a less than
significant level.
Impact IX (g) The currently proposed project could I Temporary short-term construction impacts on street traffic adjacent to the project site Finding 1. The City finds that the Identified
Impair implementatlon of or physically Interfere with due to roadway and infrastructure Improvements and the potential extension of changes or alterations in the currently proposed
an adopted emergency response plan or construction activities into the rlght-of-way could result In a reduction of the number of project, which would reduce Impact iX (9) to less -
emergency evacuation plan. However, with lanes or temporary closure of segments of Beach Boulevard or Ellis Avenue, Similar to than -significant levels, are hereby incorporated
implementation of mitigation measures, this impact the analysis In the previously certified EIR, any such Impacts would be limited to the into the currently proposed project. No additional
Is considered less than significant construction period of the project and would affect only adjacent streets or intersections, mitigation measures are necessary with the
However, mitigation measure BECSP MM4.6-4 would ensure that emergency response implementation of mitigation measures BECSP
teams for the City of Huntington Beach, Including HBFD and Huntington Beach Police MM4.64
Department (HBPD) would be notified of any lane closures during construction activities
on the project site and that a minimum one lane would remain open at all times to provide
adequate emeraency access to the site and surrounding neighborhoods, Implementation
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Hydrology and Water quality
Impact IV (a) Implementation of the currently
proposed project could violate water
The currently proposed project would be subject to all existing regulations associated
the
Finding 1. The City finds that the Identified
quality
standards or waste discharge requirements.
However,
with protection of water quality. The applicable waste discharge requirements
(WDRs), the NPDES General Permit for construction activities, De Minimus Threat
changes or alterations In the currently proposed
project, which would reduce Impact IV (a) to less -
with Implementation of mitigation
measures, this Impact is considered less than
General Permit, and Municipal NPDES Permit are considered protective of water quality
during construction and would, therefore, a substantial
than -significant levels, are hereby incorporated
significant,
prevent violation of water quality
standards and minimize the potential for contributing additional sources of polluted runoff
Into the currently; proposed_ project. No additional
mitigation measures are necessary with the
during construction of the proposed project. These existing regulations, programs, and
Implementation of mitigation measure MM4.7-1.
policies would ensure that the potential for discharge of polluted stormwater from
construction sites to affect beneficial uses of receiving waters and water quality
standards, where applicable, would not be substantial. Implementation of existing
regulatory requirements would ensure that on -site erosion and siltation are minimized
and that construction of the proposed project would not result in the exceedance of water
quality standards. Compliance with the existing regulatory requirements described above,
as well as Implementation of mitigation measure BECSP MM4.7-1, would ensure that
construction and operation of the proposed project would not result in the violation of
water quality standards. This impact would be less than significant.
Impact IV (b) Implementation of the currently
proposed project could substantially deplete
According to the Preliminary WQMP prepared for the currently proposed project site, the
depth to groundwater at the site ranges from between 30 to 60 feet below the
Finding 1. The City finds that the Identified
groundwater supplies or Interfere substantially with
groundwater recharge. However,
existing
grade. In the event that permanent dewatering activities are necessary on the project
changes or alterations in the currently proposed
project, which would reduce Impact IV (b) to less -
with
Implementation of mitigation measures, this Impact
site, the proposed project would require coverage under the De Minimus Threat General
Permit or an individual WDRi NPDES Permit, and consequently would be subject to
than-signlficant levels, are hereby Incorporated
Into the currentlyproposed No additional
Is considered less than significant,
discharge quantity limitations, groundwater dewatering, and surface drainage.
project.
mitigation measures are necessary with the
Additionally, as required by mitigation measure BECSP MM4.7-2, a Hydrology Study was
implementation of BMPs and mitigation measure
prepared for the currently proposed project which includes recommended BMPs.
BECSP MM4,7-2.
Treatment control water quality BMPs (CDS units and Contech StormFilter) will pre-
treat/treat urbanized runoff from the project site and protect local water resources to the
maximum extent practicable. Volume -based BMPs are designed to capture and treat
what Is usually described as the "first flush" of runoff from a storm event. Volume -based
BMPs include extended detention basins, wet detention basins, retentlonlinfiitration
systems and water quality treatment wetlands. The water quality capture volume may be
Included as part of the configuration of the detention basins (for example, In a forebay),
or as a stand-alone water quality basin. Implementation of BMPs and compliance with
existing regulatory requirements would ensure that permanent groundwater dewatering
does not cause or contribute to a lowering of the local groundwater table that would affect
Irn Statement Im-:.tsummd �indln
nearby water supply wells, such that impacts would be less than significant, Although the
project site Is not a designated groundwater recharge area, as described under the
Drainage and Downstream Conditions heading, runoff from the project site ultimately
drains Into Sully -Miller Lake, which has no discharge except for groundwater recharge.
Therefore, the runoff from the project site would continue to contribute to groundwater
recharge and would not affect City groundwater wells, resulting in a less than significant
Impact.
impact IV (c&d) Implementation of the currently
Implementation of the currently proposed project would not alter the existing drainage
Finding 1, The City finds that the identified
proposed project could substantially alter the
pattern of streams or rivers and would not result In off -site erosion hazards. The project
changes or alterations In the currently proposed
existing drainage pattern of the site or area or
site is located within an entirely urbanized area and would discharge to the City streets,
project, which would reduce impact IV (c&d) to
substantially increase the rate or amount or surface
underground storm drain systems, and ultimately to Huntington Harbor. The project site
less -than -significant levels, are hereby
runoff in a manner which would result in flooding
Is currently approximately 95 percent impervious, With Implementation of the currently
Incorporated Into the currently proposed project,
on or off -site, However, with implementation of
proposed project, the amount of Impervious surface area will remain similar to existing
No additional mitigation measures are necessary
mitigation measures, this Impact is considered less
conditions, but would yield Increased runoff compared to the existing condition of a 25-
with the implementation of mitigation measure
than significant,
year storm event. However, incorporation of on -site attenuation and detention system
MM4.7-4,
Into project design, as recommended in the Hydrology Study and described In the WQMP
prepared for the project site, would mitigate the Increased runoff and subsequently the
proposed site runoff will conform to the current capacity of the existing downstream storm
drain system and would not result in flooding or erosion. To ensure that runoff from the
site derived from the site does not result In flooding or erosion, mitigation measure
BECSP MM4.7-4 would be Implemented, which requires adequate storm drain capacity
to be demonstrated and if capacity is not sufficient, corrective action would be taken, so
as to avoid off -site flooding or erosion. Accordingly, this Impact is considered less than
significant.
Impact iV (e&f) implementation of the currently
According to the BECSP EIR, the storm drain system serving the project site Is currently
Finding 1. The City finds that the Identified
proposed project could create or contribute
constrained for build out of the City's General Plan and may be constrained for existing
changes or alterations In the currently proposed
runoff water which would exceed the
conditions. As such, the BECSP EIR concluded that future development in the vicinity of
project, which would reduce Impact IV (e&f) to
capacity of existing or planned stormwater
the project site would have potentially significant impacts on both existing and planned
less -than -significant levels, are hereby
drainage systems or provide substantial
storm drain systems. To address this, implementation of modified mitigation measures
incorporated Into the currently proposed project.
additional sources of polluted runoff or
BECSP MM4.7-3 and BECSP MM47-4 is required to assess the contribution of a project
No additional mitigation measures are necessary
otherwise substantially degrade water
to potential system capacity constraints and provide for construction of necessary
upgrades such that potential Impacts to storm drain system capacities would not be
with the implementation of mitigation measures
MM4.7-1, BECSP MM4,7-3, and BECSP 4.7-4.
quality. However, with implementation of
substantial. As required by modified BECSP MM4,7-3, a site specific Hydrology Study
mitigation measures, this impact is considered less
was prepared to identify the potential effects of stormwater runoff from the site on the
than significant,
existing storm drain system and provides for site drainage design so as to not increase
peak storm event flows over existing conditions for the design storm events. Additionally,
,
BECSP MM4.7-4 requires that adequate capacity in the storm drain system is
demonstrated to accommodate discharge from the Proposed protect. Accordina to the
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area as compared to existing site condition but would yield an increased runoff compared
to the existing condition of a 25-year storm event. However, incorporation of on -site
attenuation and detention system Into project design, as described above and as
recommended in the Hydrology Study, would mitigate the Increased runoff and
subsequently the proposed site runoff will conform to the current capacity of the existing
downstream storm drain system. Implementation of treatment control water quality BMPs
will pre-treat/treat urbanized runoff from the project site and minimize the project's
pollution Impact to levels acceptable to the state and local jurisdictions.
With implementation of mitigation measure BECSP MM4.7-1, which requires the
submittal and approval of a site -specific WQMP prior to Issuance of a Precise Grading or
Building Permit, project site drainage will be designed so as not to violate any water
quality standards or waste discharge requirements, or otherwise degrade water quality.
Implementation of modified mitigation measures BECSP MM4.7-3 and BECSP MM4.7-4
would ensure that the proposed project would not increase peak storm event flows over
existing conditions and storm drain capacity is not exceeded as a result of the proposed
project. As such, the proposed project would result in less than significant Impacts
relating to water quality, drainage, and runoff and would not result in any new significant
environmental effects or substantial increases In the severity of previously identified
significant effects related to water quality, drainage, or runoff.
Noise
Impact X (a) Implementation of the currently Demolition of all existing structures and construction of new mixed uses would occur with Finding 1. The City finds that the Identified
proposed project could generate noise levels In the currently proposed project. As analyzed in the certified EIR, the closest noise changes or alterations in the currently proposed
excess of standards established by the City. sensitive receptors to the project site would be the uses located immediately east of the project, which would reduce Impact X (a) to less -
However, with Implementation of mitigation site along Ellis Avenue and the residential uses located to the north of the project site than -significant: levels, are hereby Incorporated
measures, this Impact Is considered less than across from Ellis Avenue. These residential uses are approximately 75 feet from the Into the currently proposed project, No additional
significant, project site. Construction activity noise levels at these residential uses would be mitigation measures are necessary with the
approximately 83 dBA during the excavation/grading and external finishing phases of the Implementation of mitigation measures BECSP
currently proposed project. While construction noise could be a nuisance to nearby MM4.9-1 through BECSP MM4,9-3 (construction)
sensitive uses, compliance with the City`s Noise Ordinance would ensure that and mitigation measures BECSP MM4.94 and
construction noise impacts remain less than significant. Implementation of identified BECSP MM4,9-5 (operational),
mitigation measures BECSP MM4.9-1 through BECSP MM4.9-3 would reduce temporary
construction noise Impacts, and construction -related noise would be less than significant.
Operational noise sources could include such stationary sources as rooftop HVAC
systems which could result In noise levels that average between 50 and 65 dBA Lea at
50 feet from the equipment. Implementation of mitigation measure MM4,94 would
reduce this Impact to a less-than-slgnificent level. Additionally, the proposed project
_ would introduce now noise activity in the area as residences are constructed and people
tmoactStaternent
are. attracted to the new mix of uses. Implementation of mitigation measure MM4,9-5
would require an acoustical analysis of all new residences to ensure that noise levels in
livable areas do not exceed established City criteria.
Impact X (c) The currently proposed project could There would be operational noise impacts generated by residential uses such as Finding 1. The City finds that the Identified
cause a substantial permanent increase in ambient mechanical equipment (HVAC). Installation of shielding around HVAC systems would be changes or alterations in the currently proposed
noise levels, With implementation of mitigation required by mitigation measure BECSP MM4,9-4, which would further reduce HVAC project, which would reduce Impact (c) to lass -
measures, this Impact is considered less than noise levels. Mitigation measure BECSP MM4.9-5 would ensure that exterior living than -significant levels, are hereby Incorporated
significant, spaces, such as patios, are constructed in a manner so that noise levels, including noise into the currently proposed project. No additional
from the occasional retail delivery, do not exceed the City's noise standards. The mitigation measures are necessary with the
currently proposed project would result In an intensification of human activity at the Implementation of mitigation measures BECSP
proposed project site with the introduction of a permanent, residential population, This MM4,9-4 and BECSP MM4,9-5.
could Increase noise levels at the identified off -site residential receptors, Similar to the
project and Alternative 3, once operational, noise levels from residential and retail
activities on the project site are not anticipated to be greater than the established 55 dBA
limit for residential zones. With Implementation of mitigation measures BECSP MM4.9-4
and BECSP MM4.9-5, operational noise would remain less than significant
ImpactX (d) Implementation of the currently Construction activities would represent a substantial temporary or periodic increase In Finding 1. The City finds that the identified
proposed project could result in a substantial ambient noise levels, As analyzed in the certified EIR, construction activities could reach changes or alterations In the currently proposed
temporary or periodic Increase In ambient noise 83 dBA at 50 feet. As such, the noise generated by construction activities for the project, which would reduce Impact X (d) to less -
levels, However, with implementation of mitigation currently proposed project could result in a temporary increase In ambient noise levels of than -significant levels, are hereby Incorporated
measures, these Impacts are considered toss than over 3 dBA at uses adjacent to the project site, However, the construction activities would into the currently proposed project. No additional
significant, only occur during the permitted hours designated in the City of Huntington Beach mitigation measures are necessary with the
Municipal Code, and thus would not occur during recognized sleep hours for residences implementation of mitigation measures BECSP
or on days that residents are most sensitive to exterior noise (Sundays and holidays). As MM4.9-1 through BECSP MM4,9-3.
such, whiie an increase in ambient noise levels could occur from the construction
activities associated with the currently proposed project, an adverse effect on the nearby
residents would not occur because construction noise Is not restricted pursuant to the
Municipal Code as long as it occurs during permitted hours; Implementation of mitigation
measures BECSP MM4,9-1 through BECSP MM4,9-3 would further reduce this Impact to
less than significant. In addition, similar to the project analyzed In the certified EIR, there
would be no temporary or periodic noise Increases to on- or off -site receptors due to
operation of the proposed project.
Public Services
ImpactX) (a) Implementation of the currently Development of 274 residential units would result in a new residential population of
proposed project would Increase the demand for approximately 732 persons at the site, All development plans prepared for the currently
fire protection services, With Implementation of proposed project would be reviewed by the Huntington Beach Fire Department prior to
�.� mitigation measures, this impact Is considered less construction_ to ensure that adequate fire flows would be maintained, Compliance with all
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changes or alterations in the currently proposed
project, which would reduce Impact XI (a) to less-
than-signifcant levels, are herebv incorporated
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urarr �rynnruanr. required policies, rules, and regulations would ensure that the currently proposed project into the currently project. No additional mitigation
would not require any new or physically altered fire facilities to maintain edequate measures are necessary with the Implementetion
response times and staffing, the construction of which could result in significant of mitigation measure BECSP MM4.11-1.
environmental impacts. In addition, impiementetion of mitigation measure BECSP
MM4.11-1 would ensure that the HBFD receives adequate staffing and/or equipment to
maintain acceptable levels of service,
Impact XI (b) Implementation of the currently The Huntington Beach Police Department has 235 sworn officers and currently employs Finding 1. The City finds that the identified
proposed project would Increase the demand for a total of 215 sworn officers, currently protecting 203,484 residents In the City. The changes or alterations in the currently proposed
police protection services. With implementation of currently proposed project could result in up to 732 new residents. As analyzed in the project, which would reduce Impact XI (b) to less -
mitigation measures, this impact is considered less certified EIR, and using the worst -case population increase scenario, the additional 732 than -significant levels, are hereby Incorporated
than significant residents generated by the currently proposed project is not expected to notably affect Into the currently project. No additional mitigation
Huntington Beach Police Department resources given that general fund monies from measures are necessary with the implementation
Increased property tax revenue associated with development as well as other fee of mitigation measure BECSP MM4.11-1.
revenues (i.e., building permit fees) may be used to augment equipment levels. Further,
Implementation of mitigation measure BECSP MM4.11-1 would ensure that adequate
staffing levels are maintained. Therefore, persons on site or elsewhere in the City would
not be exposed to increased risks as a result of the currently proposed project.
Trans portatlontTraffic
Impact VI (a) The currently proposed project could
conflict with an applicable ordinance
All study intersections would operate at an acceptable LOS In 2030 with the BECSP build
Finding 1. The City finds that the Identified
plan, or policy
establishing measures of effectiveness for the
out with the exception of Beach Boulevard and Talbert Avenue, which would operate with
a PM deficiency (LOS E). Because the reduction in ADT with the proposed project Is too
changes or alterations in the currently proposed
project, which would reduce Impact A (a) to less -
performance of the circulation system, taking Into
account all modes of transportation including
small to result In a change, the anticipated LOS at these Intersections would not change,
Therefore,
than -significant levels, are hereby incorporated
mass
transit and non -motorized travel and relevant
although the currently proposed project would result in an Increase in
outbound vehicle trips In the AM peak hour, the proposed project would not contribute to
Into the currently project. No additional mitigation
measures are necessary with the implementation
components of the circulation system. With
implementation of mitigation measures, this Impact
the existing deficiency at the Intersection of Beach Boulevard and Talbert Avenue as It
of mitigation measures BECSP MM4.2-8 through
Is considered less than significant,
would not contribute to vehicle trips during the PM peak hour. Regardless, the currently
BECSP MM4.2-10, BECSP MM4.13-13, and
proposed project would be required to make a fair share contribution to the traffic
BECSP MM4.13-14,
Improvements identified in mitigation measures BECSP MM4.13-13 and BECSP
MM4.13-14 for the Beach Boulevard and Talbert Avenue Intersection as part of the
overall BECSP development. As such, the currently proposed project would not confiict
with the City's acceptable LOS standard and a less than significant Impact would occur.
The, currently proposed project would be required to implement mitigation measures
BECSP MM4,2-8 through BECSP MM4.2-10 which would ensure that construction traffic
does not block the free flow of traffic. The currently proposed project would also be
required to submit a traffic control plan during construction to ensure appropriate
emergency access during construction. Accordingly, the proposed project would result in
less than significant construction -related traffic Impacts,
to
N
Cumulative Traffic
Development of the* currently proposed project would result in following traffic related
Finding 2. The City finds changes or alterations
cumulative Impacts under 2030 conditions. Operation of the currently proposed project
that could reduce the potential Impact of the
would cumulatively contribute to an unacceptable Level of Service at two City
currently proposed project are within the
Intersections: Brookhurst Street at Adams Avenue and Beach Boulevard at Bolsa
responsibility and jurisdiction of another public
Avenue. Even with implementation of mitigation measures BECSP MM4,.13-3 through
agency and not the agency making the findings,
BECSP MM4.13-9 and BECSP MM4,13-12, the Brookhurst Street at Adams Avenue
Finding 3. The City finds that even with
intersection would remain at LOS E in the AM peak hour and the Beach Boulevard at
Implementation . of all feasible mitigation
Bolsa Avenue intersection would remain at LOS F in the PM peak hour. At both of these
Intersections, with the incorporation of mitigation measures, the impact to the Intersection
measures (MM4,13-3 through MM4,13-19), the
would be mitigated to a less than significant level, even though the LOS would not be
proposed project would result In a significant and
unavoidable cumulative traffic impact. No
considered acceptable. However; while these Intersections are located within the
cumulative study area of the BECSP, they are outside City jurisdiction to ensure
additional feasible mitigation measures are
mitigation completion. Therefore, the Impact would be potentially significant.
available.
Operation of the currently proposed project would cumulatively contribute to an increase
In delay at two Caltrans Intersections and would Increase traffic to the 1-405 northbound
loop ramp, which Is currently deficient. The BECSP area would contribute traffic to the I-
405 northbound loop ramp from Beach Boulevard, as well as the regional freeway
system, which are both projected to have deficiencies in 2030. For a deficient Caltrans
intersection, any Increase In delay due to the project is considered a significant Impact.
The 2030 results show two locations in the BECSP area with Impacts, both of which were
identified in the intersection capacity utilization analysis as part of the BECSP
environmental analysis: Beach Boulevard at Warner Avenue and Beach Boulevard at
Garfield Avenue. Therefore, the currently proposed project would contribute to a deficient
system for which there is no feasible mitigation to reduce impacts, Further, as these are
under Caltrans jurisdiction, the City does not have jurisdiction to ensure mitigation
completion. Therefore, the impact would be potentially significant.
Utilities and Service Systems
Impact XII (d) Implementation of the currently Development of the currently proposed project would result in an Increased demand for Finding 1, The City finds that the Identified
proposed project would generate an additional municipal water services compared to existing conditions. The City would be able to changes or alterations in the currently project,
demand for water. However, with the provide a reliable source of water to accommodate Its existing users and the additional which would reduce Impact XII (d) to less -than -
Implementation of mitigation measures, this impact demand on water supplies created by the currently proposed project for the 20-year significant levels, are hereby Incorporated Into
Is considered less than significant. projection. The City's conservation programs coupled with increased groundwater would the currently proposed project. No additional
Improve water supply reliability, in addition, implementation of mitigation measure mitigation measures are necessary with the
BECSP MM4.14-1 would serve to reduce the municipal water demand from the currently Implementation of BECSP MM4,14-1.
proposed project. Therefore this Impact would be less than significant.
ImpactXfl (a) Implementation of the currently Ito
The.project developer would be responsible for constructing local mains and extensions
proposed project could require new sewer serve the currently proposed project Prior to allowing additional connectlons to the
r+
N
Finding 1. The City finds that the identified
changes or alterations in the currently Dr000sed
r+
CD
rSF�IL'v .l .1S 'p.::rl.: 22• q:P�'; ti d'!�9!Ir :'j5t+•v iy` rn^ '!!: i,f' '1:G'• .i' ..�: St+..in ,,.. ':'•t'i.i t•_'lr.� `8",tJn . ., SiG.1 -r l I r 1 .ra irx.,n.', i rl-o r':54'1r Y," j.is.erl •a'r-..,l„ ''>ji1t�, 1!I} {�"f .Zi;Gi7, ii�ui" 11 t,(e ..S' d
i� `•.r ;ry'.•' atlS • 71� 4, I 'd ,...:{. ,hl g Ytt'.:l I ! I � rx__'' yj. d4 . t 1 ra i it It,u `l'A{i?�Ya�.Y.?lit! � lr�11t1,...I
+r�J: r IFr' {I .�:�(....r IU,•be,��i iS.,W11.d.Y tfli t�rUr+i�:�`tr"y,{¢Ir n�alhi: tl. ..lilt ��4'.t'tf+ttLr tll�.tt','+..jft& Ij.
fm ' S Irridry
connections, and could require or result In the
sewer lines, the capacity of the existing sewers would need to be confirmed and a sewer
project, which would reduce Impact XII (a) to
construction of now or expanded wastewater
study would be needed at the time of development to determine If the existing sewer
leas -than -significant levels, are hereby
conveyance systems. However, with
lines need to be upgraded to accommodate the currently proposed project's sewer flow.
Incorporated into the currently proposed project.
Implementation of code requirements and
The currently proposed project would be required to implement code requirements
No additional measures are necessary with the
mltlgatlon measures, this Impact Is considered less
BECSP CR4.14-1 and BECSP CR4.14-2. In addition, any development connecting
Implementation of code requirements BECSP
Phan slgnlflcant,
directly or Indirectly to the OCSD sower system Is required to pay a connection fee In
CR4.14-1 and BECSP CR4.14-2.
accordance with the OCSD Connection Fee Master Ordinance. The Connection Fee
Program ensures that all users pay their fair share of any necessary expansion of the
system, Including expansion to wastewater treatment facilities. These fees are
considered full mitigation under CEQA for potential impacts resulting from project
development.
Construction of the wastewater collection systems for the currently proposed project
would adhere to existing laws and regulations, and the Infrastructure would be sized
appropriately for the project, individual water and wastowaferconnocflons would occur as
part of the currently proposed project. In addition, code requirements BECSP CR4.14-1
and BECSP CR4.14-2 would ensure that proper sewer connections are provided for at
the project site. Therefore, this Impact Is considered less than significant
Greenhouse Gas Em.lssions
ImpactXVif (a) Implementation of the currently Construction of the currently proposed project would result In GHG emissions due to the Finding 1. The City finds that the Identified
proposed pro)ect could generate greenhouse gas operation of heavy construction equipment, worker commute trips, and building supply changes or alterations in the currently proposed
emissions, either directly or Indirectly, that may vendor vehicles. In addition, operation of the currently proposed project would result In project, which would reduce ImpactXVll (a) to
have a significant Impact on the environment, GHG emissions as a result of direct sources such as motor vehicles, natural gas less -than -significant levels, are hereby
However, with Implementation of mitigation consumption, solid waste handling/treatment, and Indirect sources such as eleciricliy Incorporated Into the currently proposed project,
measures, this Impact is considered foss than goneratlon. No additional measures are necessary with the
significant. Implementation of mitigation measures BECSP MM4.15-1 through BECSP MM4.15-9, Implementation of mitigation measures BECSP
which are consistent with strategies recommended by the CCAT, CAPCOA, and the MM4.15-1 through BECSP MM4.15-9 as well as
California Attorney General, would reduce Impacts associated with GHG emissions of the compliance with guidance provided by the CCAT,
proposed project to less than significant levels. CAPCOA and the California Attorney General.
ATTACHMENT
xB -251- Item 12. - 82
6/7/2013
N .
Request
® DA No. 13-ooi: To enter into a Development
Agreement between the City and Greystar pursuant to
approvals for Greystar
• Site Plan Review No. is-ooi was approved by the
Planning Commission and City Council in aoia
• Condition No. 6.b requires approval of a Development
Agreement to provide for affordable dwelling units
• Eliminates the traffic impact fee language in the DA;
payment is ensured through mitigation measures and
standard code requirements
1
Item 12. - 83 xB -252-
6/7/2013
:
Analysis
• DA No. i3-ooi: City is authorized pursuant to
California Government Code and Chapter 246 of the
HBZSO to enter into binding development
agreements
• Specifies that 27 onsite units shall be provided as
affordable to moderate income households for 55 years
• Applicant will pay the fractional portion of 0.4 of the
io percent requirement
HB -253- Item 12. - 84
6/7/2013
Item 12• - 85 HB -254- 3
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, July 1, 2013, at 6:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a
public hearing on the following planning and zoning items:
1. LOCAL COASTAL PROGRAM AMENDMENT NO. 2-11 (VARIOUS
AMENDMENTS) Applicant: City of Huntington Beach Request: 1) To
accept modifications to the Huntington Beach Zoning and Subdivision
Ordinance approved by the California Coastal Commission on April 10, 2013
for LCPA No. 2-11. 2) To amend the Huntington Beach Zoning and
Subdivision Ordinance to reflect the California Coastal Commission's
modifications. Location: Citywide Coastal Zone area City Contact:
Jennifer Villasenor; Senior Planner
DEVELOPMENT AGREEMENT NO 13-001 (ELAN DEVELOPMENT
AGREEMENT) Applicant: Dan Milich Property Owner: Elan Huntington
Beach, LLC, c/o Greystar Capital Partners Request: Development Agreement
No. 13-001 represents a request to enter into a Development Agreement
between the City of Huntington Beach and Elan Huntington Beach, LLC (c/o
Greystar) pursuant to approvals for the Beach and Ellis Mixed Use project (Site
Plan Review No. 12-001). The project was approved for 274 apartment units
(includes six live -work units), 8,500 sq. ft. of retail space, a leasing office and
private recreational amenities including a public open space plaza. The project
formerly known as the Beach and Ellis Mixed Use was approved by the Planning
Commission and the City Council in 2012. Condition of Approval No. 6.b.
requires an affordable housing agreement for 27 units to be approved by the City
Council and recorded to provide affordable dwelling units in accordance with the
Huntington Beach Zoning and Subdivision Ordinance. Location: 18502-18552
Beach Boulevard, 92648 (southeast corner of Beach Boulevard and Ellis
Avenue) City Contact: Rosemary Medel, Associate Planner
NOTICE IS HEREBY GIVEN that this item #1 affects property located in the
appealable jurisdiction of the Coastal Zone and includes a Local Coastal
Program Amendment that has been approved by the California Coastal
Commission. The City Council's action on this item will be forwarded to the
California Coastal Commission for Executive Director Determination.
NOTICE IS HEREBY GIVEN that item #1 the preparation and approval of Local
Coastal Program Amendment No. 2-11 is exempt from the requirements of
CEQA, pursuant to Section 21080.9 of CEQA and Sections 15251(f) and 15265
of Title 14, California Code of Regulations.
NOTICE IS HEREBY GIVEN that Item #2 was included in the scope of the
Beach and Ellis Mixed Use Project Environmental Impact Report No. 10-004
certified by the Planning Commission on December 13, 2011.
GA\LEGALS\CITY COUNCIL\2013\070113 (LCPA - CCC Mods).doc
ON FILE: A copy of the proposed request is on file in the Planning and Building
Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by
the public. A copy of the staff report will be available to interested parties at the City
Clerk's Office or on line at http://www.huntingtonbeachca.gov on Thursday, June 27,
2013.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions
or submit evidence for or against the application as outlined above. If you challenge the
City Council's action in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City at, or prior to, the public hearing. If there are any
further questions please call the Planning and Building Department at (714) 536-5271
and refer to the above items. Direct your written communications to the City Clerk
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2"a Floor
Huntington Beach, California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
GA\L.EGALS\CITY COUNCIL\2013\070113 (LCPA - CCC Mods).doc
157 341 03 (1)
Cecelia Cole
5292 Duke Dr
La Palma CA 90623
157 341 06 (4)
P A Poon & Son Inc
18822 Beach Blvd #103
Huntington Beach CA 92648
157 341 11 (7)
Swanna Newman
1915 Mariners Dr
Newport Beach CA 92660
157 341 14 (10)
Tamio Kaneko
6561 Vesper Cir
Huntington Beach CA 92647
157 341 21 (13)
Orange County Water
Po Box 8300
Fountain Valley CA 92728
157 343 11 (16)
Steven Farnsworth
18401 Goodwin Ln
Huntington Beach CA 92646
157 343 14 (19)
Lisa Shepherd
18441 Goodwin Ln
Huntington Beach CA 92646
157 343 17 (22)
Beach Baptist Huntington
8121 Ellis Ave
Huntington Beach CA 92646
157 343 23 (25)
Celestino Perez
8102 La Palma Dr
Huntington Beach CA 92646
157 343 26 (28)
Walter Schroeder
8101 La Palma Dr
Huntington Beach CA 92646
157 341 04 (2)
Lisa Marie Reincke
Po Box 34056
Las Vegas NV 89133
157 341 07 (5)
Lisa Marie Reincke
Po Box 34056
Las Vegas NV 89133
157 341 12 (8)
Jose Santana
6426 Forester Dr
Huntington Beach CA 92648
157 341 15 (11)
Mia Rae Hernandez
18391 Patterson Ln
Huntington Beach CA 92646
157 341 22 (14)
Habitat For Humanity Inc
2000 Main St
Huntington Beach CA 92648
157 343 12 (17)
Robert Moffett
18421 Goodwin Ln
Huntington Beach CA 92646
157 343 15 (20)
Thanh Nguyen
18461 Goodwin Ln
Huntington Beach CA 92646
157 343 21 (23)
Jose Santana
6426 Forester Dr
Huntington Beach CA 92648
157 343 24 (26)
Anderson
16835 Algonquin St #603
Huntington Beach CA 92649
157 343 27 (29)
Stephen Andrada
8081 La Palma Dr
Huntington Beach CA 92646
157 341 05 (3)
P A Poon & Son Inc
2950 Harbor Blvd
Costa Mesa CA 92626
157 341 08 (6)
Lisa Marie Reincke
Po Box 34056
Las Vegas NV 89133
157 341 13 (9)
Anthony Dien
10263 Oriole Ave
Fountain Valley CA 92708
157 341 16 (12)
Jerry Houchen
7451 Warner Ave #e-321
Huntington Beach CA 92647
157 343 01 (15)
Apollonia Schulz
1922 Park St
Huntington Beach CA 92648
157 343 13 (18)
Shirley Realey
18431 Goodwin Ln
Huntington Beach CA 92646
157 343 16 (21)
Tom Teraoka
17171 Marina View PI
Huntington Beach CA 92649
157 343 22 (24)
Gustavo Gallardo
8092 La Palma Dr
Huntington Beach CA 92646
157 343 25 (27)
Nathaniel & K Lindsey
17322 Tidalridge Ln
Huntington Beach CA 92649
157 343 28 (30)
Vito Antifora
6129 Capri Ct
Long Beach CA 90803
157 343 29 (31)
157 343 31 (32)
157 343 32 (33)
Christopher Figlewicz
John Craney
Lamb tr
8091 Ellis Ave
8101 Ellis Ave
8071 Ellis Ave.
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 04 (34)
157 471 05 (35)
157 471 06 (36)
Main Beach LLC
Elan Huntington Beach LLC
Jqtw
10537 Santa Monica Blvd #350
17885 Von Karman Ave #450
Po Box 5697
Los Angeles CA 90025
Irvine CA 92614
Sherman Oaks CA 91413
157 471 09 (37)
157 471 12 (38)
157 471 13 (39)
Everett Jackson Kidd Jr.
Nadine Sanchez
Hue Khanh Thi Nguyen
17842 Cardiff Cir
18661 Libra Cir
11391 Bluebell Ave
Huntington Beach CA 92649
Huntington Beach CA 92646
Fountain Valley CA 92708
157 471 14 (40)
157 471 15 (41)
157 471 16 (42)
Masayoshi Seto
Robert Cronk
Ora Villalobos
38 Tidal Surf
18312 Hartlund Ln
10 Del Cambrea
Newport Coast CA 92657
Huntington Beach CA 92646
Irvine CA 92606
157 471 17 (43)
157 471 18 (44)
157 471 31 (45)
Steven Todd Harshe
Terry Engel
Umc LLC
5276 Chadwick Dr
Po Box 130683
18700 Beach Blvd #260
Huntington Beach CA 92649
Big Bear Lake CA 92315
Huntington Beach CA 92648
157 471 32 (46)
157 501 01 (47)
157 501 02 (48)
Beach Housing Huntington
Church Faith Lutheran
City Of Huntington Beach
8102 Ellis Ave
8200 Ellis Ave
Po Box 190
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92648
157 501 05 (49)
157 501 06 (50)
157 501 07 (51)
Judy Richonne
Norberto Torres
Spiro Tams
4226 Maryland St
12 Shasta
18532 Demion Ln #a
San Diego CA 92103
Irvine CA 92612
Huntington Beach CA 92646
157 501 08 (52)
157 501 09 (53)
157 501 10 (54)
Gerald Long
Rowland Stanley Hodge Jr.
Timothy Takeshi Sugiyama
3536 Sunglow Dr
17032 Lowell Cir
307 N Torrens St
Redding CA 96001
Huntington Beach CA 92649
Anaheim CA 92807
157 501 11 (55)
157 501 12 (56)
157 501 13 (57)
Katsuji Kawai
Katsuji Kawai
Donald Zanetta
9687 La Granada Ave
9687 La Granada Ave
25 Thunder TO
Fountain Valley CA 92708
Fountain Valley CA 92708
Irvine CA 92614
157 501 14 (58)
157 501 15 (59)
157 502 01 (60)
Jeffrey Scott Freeman
Bds & Partners LLC
J Anthony Fierro
119 Loma Ave
1209 Manhattan Ave #130
Po Box 11283
Huntington Beach CA 92648
Manhattan Beach CA 90266
Newport Beach CA 92658
%/ ///:3
157 502 02 (61)
157 502 03 (62)
157 502 04 (63)
Marc Dorian Richonne
Kevin Boethling
Dady Properties LLC
1744 Paloma Dr
1931 S Robert Ln
1722 Westwood Blvd #207
Newport Beach CA 92660
Anaheim CA 92802
Los Angeles CA 90024
157 502 05 (64)
157 502 06 (65)
157 502 07 (66)
Donald & Christina Kuo
Kevin Boethling
Demion Re Holdings LLC
12337 Palm St
1931 S Robert Ln
20322 Lighthouse Ln
Cerritos CA 90703
Anaheim CA 92802
Huntington Beach CA 92646
157 502 08 (67)
157 502 09 (68)
157 502 10 (69)
Yu -Wen & Han-Chuan Chang
Surti tr
Donald Jenkins
30136 Avenida De Calma
8853 Mockingbird Cir
16563 Redwood Cir
Rancho Palos Verdes CA 90275
Fountain Valley CA 92708
Fountain Valley CA 92708
157 502 11 (70)
157 502 12 (71)
157 502 13 (72)
Loma LP
Loma LP
Mescher
19182 Hamden Ln
19182 Hamden Ln
2006 Nautilus Ln
Huntington Beach CA 92646
Huntington Beach CA 92646
Newport Beach CA 92660
159 031 08 (73)
159.031 10 (74)
159 031 12 (75)
Joseph Turner
Sunny Investments LLC
7901 Ellis Hb LLC
18427 Beach Blvd
15 Corporate Plaza Dr #240
7901 Ellis Ave
Huntington Beach CA 92648
Newport Beach CA 92660
Huntington Beach CA 92648
159 031 16 (76)
159 031 17 (77)
159 031 18 (78)
City Of Huntington Beach
Ronald Beard
Five Point Plaza LLC
Po Box 190
15 Corporate Plaza Dr #240
10537 Santa Monica Blvd #300
Huntington Beach CA 92648
Newport Beach CA 92660
Los Angeles CA 90025
159 101 01 (79)
159 101 03 (80)
159 102 01 (81)
City Of Huntington Beach
Five Points Plaza Sarm
G & M Oil Co LLC
Po Box 190
10500 NE 8th St #850
16868 A Ln
Huntington Beach CA 92648
Bellevue WA 98004
Huntington Beach CA 92647
15910206 (82)
159 102 43 (83)
159 102 44 (84)
Karen Bristow
Beach Center Partners LLC
Beach Asset Mgmt Group LLC
18651 Beach Blvd
18301 Von Karman Ave #800
19582 Beach Blvd #322
Huntington Beach CA 92648
Irvine CA 92612
Huntington Beach CA 92648
930 034 35 (85)
930 034 36 (86)
930 034 37 (87)
Monterey Huntington
Philip Boodman
Monterey Huntington
25871 Paseo Real
7284 Ainsley Dr
25871 Paseo Real
Monterey CA 93940
Huntington Beach CA 92648
Monterey CA 93940
930 034 38 (88)
930 034 39 (89)
930 034 40 (90)
Monterey Huntington
Monterey Huntington
Monterey Huntington
25871 Paseo Real
25871 Paseo Real
25871 Paseo Real
Monterey CA 93940
Monterey CA 93940
Monterey CA 93940
930 034 41 (91)
930 034 42 (92)
930 034 43 (93)
Monterey Huntington
Monterey Huntington
Monterey Huntington
25871 Paseo Real
25871 Paseo Real
25871 Paseo Real
Monterey CA 93940
Monterey CA 93940
Monterey CA 93940
930 034 44 (94)
930 034 45 (95)
930 034 46 (96)
Monterey Huntington
Hb Office LLC
Monterey Huntington
25871 Paseo Real
13924 Seal Beach Blvd #c
25871 Paseo Real
Monterey CA 93940
Seal Beach CA 90740
Monterey CA 93940
930 034 47 (97)
930 034 48 (98)
930 034 49 (99)
Pacific Premier Bk
Monterey Huntington
Monterey Huntington
1600 Sunflower Ave
25871 Paseo Real
25871 Paseo Real
Costa Mesa CA 92626
Monterey CA 93940
Monterey CA 93940
930 034 50 (100)
930 034 51 (101)
930 034 52 (102)
Monterey Huntington
Monterey Huntington
Monterey Huntington
25871 Paseo Real
25871 Paseo Real
125871 Paseo Real
Monterey CA 93940
Monterey CA 93940
Monterey CA 93940
930 034 53 (103)
930 034 54 (104)
930 034 55 (105)
Monterey Huntington
Monterey Huntington
Monterey Huntington
25871 Paseo Real
25871 Paseo Real
25871 Paseo Real
Monterey CA 93940
Monterey CA 93940
Monterey CA 93940
930 034 56 (106)
930 034 57 (107)
930 034 58 (108)
Monterey Huntington
Monterey Huntington
Monterey Huntington
25871 Paseo Real
18377 Beach Blvd #326
25871 Paseo Real
Monterey CA 93940
Huntington Beach CA 92648
Monterey CA 93940
930 034 59 (109)
930 034 60 (110)
930 034 61 (111)
Monterey Huntington
Monterey Huntington
Monterey Huntington
25871 Paseo Real
25871 Paseo Real
25871 Paseo Real
Monterey CA 93940
Monterey CA 93940
Monterey CA 93940
930 034 62 (112) 930 034 63 (113)
Viefhaus tr Monterey Huntington
18377 Beach Blvd #331 25871 Paseo Real
Huntington Beach CA 92648 Monterey CA 93940
.Z)X� ,---q -oo/
157 341 03 (1) 157 341 04 (2) 157 341 04 (2)
Occupant Occupant Occupant
18382 Beach Blvd 8031 Ellis Ave 8031 Ellis Ave
Huntington Beach CA 92648 Huntington Beach CA 92646 Huntington Beach CA 92646
157 341 05 (3)
Occupant
18400 Beach Blvd
Huntington Beach CA 92648
157 341 08 (6)
Occupant
8041 Ellis Ave
Huntington Beach CA 92646
157 341 11 (7)
Occupant
18441 Patterson Ln #b
Huntington Beach CA 92646
157 341 14 (10)
Occupant
18401 Patterson Ln #3
Huntington Beach CA 92646
157 341 15 (11)
Occupant
18391 Patterson Ln #3
Huntington Beach CA 92646
157 341 15 (11)
Occupant
18391 Patterson Ln #1
Huntington Beach CA 92646
157 341 16 (12)
Occupant
18381 Patterson Ln #3
Huntington Beach CA 92646
157 341 22 (14)
Occupant
18451 Patterson Ln
Huntington Beach CA 92646
157 343 01 (15)
Occupant
18382 Patterson Ln #4
Huntington Beach CA 92646
157 341 06 (4)
Occupant
18462 Beach Blvd
Huntington Beach CA 92648
157 341 11 (7)
Occupant
18441 Patterson Ln #a
Huntington Beach CA 92646
157 341 12 (8)
Occupant
18431 Patterson Ln
Huntington Beach CA 92646
157 341 14 (10)
Occupant
18401 Patterson Ln #2
Huntington Beach CA 92646
157 341 15 (11)
Occupant
18391 Patterson Ln #2
Huntington Beach CA 92646
157 341 16 (12)
Occupant
18381 Patterson Ln #1
Huntington Beach CA 92646
157 341 16 (12)
Occupant
18381 Patterson Ln #2
Huntington Beach CA 92646
157 343 01 (15)
Occupant
18382 Patterson Ln #3
Huntington Beach CA 92646
157 343 01 (15)
Occupant
18382 Patterson Ln #1
Huntington Beach CA 92646
157 341 07 (5)
Occupant
8031 Ellis Ave
Huntington Beach CA 92646
157 341 11 (7)
Occupant
18441 Patterson Ln #c
Huntington Beach CA 92646 .
157 341 13 (9)
Occupant
18411 Patterson Ln
Huntington Beach CA 92646
157 341 14 (10)
Occupant
18401 Patterson Ln #1
i
Huntington Beach CA 92646
157 341 15 (11)
Occupant
18391 Patterson Ln #4
Huntington Beach CA 92646
157 341 16 (12)
Occupant
18381 Patterson Ln #4
Huntington Beach CA 92646
157 341 21 (13)
Occupant
8051 Ellis Ave
Huntington Beach CA 92646
157 343 01 (15)
Occupant
18382 Patterson Ln #2
Huntington Beach CA 92646
157 343 11 (16)
Occupant
18401 Goodwin Ln
Huntington Beach CA 92646
157 343 12 (17) 157 343 13 (18) 157 343 14 (19)
Occupant Occupant Occupant,
18421 Goodwin Ln 18431 Goodwin Ln 18441 Goodwin Ln
Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646
157 343 15 (20)
Occupant
18461 Goodwin Ln
Huntington Beach CA 92646
157 343 21 (23)
Occupant
18442 Patterson Ln
Huntington Beach CA 92646
157 343 24 (26)
Occupant
8131 La Palma Dr #a
Huntington Beach CA 92646
157 343 25 (27)
Occupant
8121 La Palma Dr #a
Huntington Beach CA 92646
157 343 26 (28)
Occupant
8101 La Palma Dr
Huntington Beach CA 92646
157 343 28 (30)
Occupant
18412 Patterson Ln #2
Huntington Beach CA 92646
157 343 31 (32)
Occupant
8101 Ellis Ave
Huntington Beach CA 92646
157 471 04 (34)
Occupant
18528 Beach Blvd
Huntington Beach CA 92648
157 471 04 (34)
Occupant
18512 Beach Blvd
Huntington Beach CA 92648
157 343 16 (21)
Occupant
8161 Ellis Ave
Huntington Beach CA 92646
157 343 22 (24)
Occupant
8092 La Palma Dr
Huntington Beach CA 92646
157 343 24 (26)
Occupant
8131 La Palma Dr #c
Huntington Beach CA 92646
157 343 25 (27)
Occupant
8121 La Palma Dr #b
Huntington Beach CA 92646
157 343 27 (29)
Occupant
8081 La Palma Dr
Huntington Beach CA 92646
157 343 28 (30)
Occupant
18412 Patterson Ln #3
Huntington Beach CA 92646
157 343 32 (33)
Occupant
8071 Ellis Ave
Huntington Beach CA 92646
157 471 04 (34)
Occupant
18520 Beach Blvd
Huntington Beach CA 92648
157 471 04 (34)
Occupant
18510 Beach Blvd
Huntington Beach CA 92648
"�q 12 -oo/
157 343 17 (22)
Occupant
8121 Ellis Ave
Huntington Beach CA 92646
157 343 23 (25)
Occupant
8102 La Palma Dr
Huntington Beach CA 92646
157 343 24 (26)
Occupant
8131 La Palma Dr #b
Huntington Beach CA 92646
157 343 25 (27)
Occupant
8121 La Palma Dr #c
Huntington Beach CA 92646
157 343 28 (30)
Occupant
18412 Patterson Ln #1
Huntington Beach CA 92646
157 343 29 (31)
Occupant
8091 Ellis Ave
Huntington Beach CA 92646
157 343 32 (33)
Occupant
8071 Ellis Ave #1/2
Huntington Beach CA 92646
157 471 04 (34)
Occupant
18502 Beach Blvd
Huntington Beach CA 92648
157 471 06 (36)
Occupant
18582 Beach Blvd
Huntington Beach CA 92648
157 471 09 (37) 157 471 09 (37)
Occupant Occupant
8071 Graziadio Dr #4 8071 Graziadio Dr #3
Huntington Beach CA 92646 Huntington Beach CA+92646
157 471 09 (37) 157 471 12 (38)
Occupant Occupant
8071 Graziadio Dr #1 18661 Libra Cir #4
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 12 (38) 157 471 12 (38)
Occupant Occupant
18661 Libra Cir #2 18661 Libra Cir #1
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 13 (39)
157 471 13 (39)
Occupant
Occupant
18651 Libra Cir #4
18651 Libra Cir #2
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 14 (40)
157 471 14 (40)
Occupant
Occupant
18641 Libra Cir #1
18641 Libra Cir #4
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 14 (40)
157 471 15 (41)
Occupant
Occupant
18641 Libra Cir #3
18642 Libra Cir #1
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 15 (41)
157 471 15 (41)
Occupant
Occupant
18642 Libra Cir #2
1.8642 Libra Cir #3
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 16 (42) 157 471 16 (42)
Occupant Occupant
18652 Libra Cir #2 18652 Libra Cir #3
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 17 (43) 157 471 17 (43)
Occupant Occupant
18662 Libra Cir #1 18662 Libra Cir #2
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 17 (43) 157 471 18 (44)
Occupant Occupant
18662 Libra Cir #4 18672 Libra Cir #2
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 09 (37)
Occupant
8071 Graziadio Dr #2
Huntington Beach CA 92646
157 471 12 (38)
Occupant
18661 Libra Cir #3
Huntington Beach CA 92646
157 471 13 (39)
Occupant
18651 Libra Cir #3
Huntington Beach CA 92646
157 471 13 (39)
Occupant
18651 Libra Cir #1
Huntington Beach CA 92646
157 471 14 (40)
Occupant
18641 Libra Cir #2
Huntington Beach CA 92646
157 471 15 (41)
Occupant
18642 Libra Cir #4
Huntington Beach CA 92646
157 471 16 (42)
Occupant
18652 Libra Cir #1
Huntington Beach CA 92646
157 471 16 (42)
Occupant
18652 Libra Cir #4
Huntington Beach CA 92646
157 471 17 (43)
Occupant
18662 Libra Cir #3
Huntington Beach CA 92646
157 471 18 (44)
Occupant
18672 Libra Cir #4
Huntington Beach CA 92646
157 471 18 (44)
157 471 18 (44)
157 471 31 (45)
Occupant
Occupant
Occupant
18672 Libra Cir #1
18672 Libra Cir #3
18644 Beach Blvd
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92648
157 471 31 (45)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
18632 Beach Blvd
8102 Ellis Ave #136
8102 Ellis Ave #205
Huntington Beach CA 92648
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #204
8102 Ellis Ave #203
8102 Ellis Ave #202
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #201
8102 Ellis Ave #137
8102 Ellis Ave #135
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #134
8102 Ellis Ave #133
8102 Ellis Ave #132
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #131
8102 Ellis Ave #138
8102 Ellis Ave #207
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #111
8102 Ellis Ave #218
8102 Ellis Ave #208
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #209
8102 Ellis Ave #210
8102 Ellis Ave #211
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #212
8102 Ellis Ave #213
8102 Ellis Ave #214
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #215
8102 Ellis Ave #216
8102 Ellis Ave #217
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
7////-3 . -00/
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #130 8102 Ellis Ave #206
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
8102 Ellis Ave #221
8102 Ellis Ave #101
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
8102 Ellis Ave #103
8102 Ellis Ave #104
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #106 8102 Ellis Ave #107
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #109 8102 Ellis Ave #110
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #113 8102 Ellis Ave #115
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #117 8102 Ellis Ave #118
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #120 8102 Ellis Ave #121
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #123 8102 Ellis Ave #124
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46) 157 471 32 (46)
Occupant Occupant
8102 Ellis Ave #126 8102 Ellis Ave #127
Huntington Beach CA 92646 Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #116
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #102
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #105
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #108
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #112
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #129
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #119
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #122
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #125
Huntington Beach CA 92646
157 471 32 (46)
Occupant
8102 Ellis Ave #128
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #114
8102 Ellis Ave #327
8102 Ellis Ave #312
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #314
8102 Ellis Ave #315
8102 Ellis Ave #316
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #317
8102 Ellis Ave #318
8102 Ellis Ave #319
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #320
8102 Ellis Ave #321
8102 Ellis Ave #322
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #323
8102 Ellis Ave #324
8102 Ellis Ave #220
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #326
8102 Ellis Ave #311
8102 Ellis Ave #328
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #329
8102 Ellis Ave #330
8102 Ellis Ave #331
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #332
8102 Ellis Ave #333
8102 Ellis Ave #334
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46) ,
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #335
8102 Ellis Ave #336
8102 Ellis Ave #337
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #338
8102 Ellis Ave #219
8102 Ellis Ave #325
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #234
8102 Ellis Ave #222
8102 Ellis Ave #223
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
15747132 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #224
8102 Ellis Ave #225
8102 Ellis Ave #226
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #227
8102 Ellis Ave #228
8102 Ellis Ave #229
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #230
8102 Ellis Ave #231
8102 Ellis Ave #313
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #233
8102 Ellis Ave #310
8102 Ellis Ave #305
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #309
8102 Ellis Ave #308
8102 Ellis Ave #232
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #306
8102 Ellis Ave #235
8102 Ellis Ave #304
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
8102 Ellis Ave #303
Occupant
8102 Ellis Ave #302
Occupant
8102 Ellis Ave #301
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157 471 32 (46)
157 471 32 (46)
157 471 32 (46)
Occupant
Occupant
Occupant
8102 Ellis Ave #238
8102 Ellis Ave #237
8102 Ellis Ave #236
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
157471 32 (46)
157 501 01 (47)
157 501 05 (49)
Occupant
Occupant
Occupant
8102 Ellis Ave #307
8200 Ellis Ave
8182 Ellis Ave #a
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
--7 / / / - , �/-�- /-q -r i
157 501 05 (49) 157 501 05 (49)
Occupant Occupant
8182 Ellis Ave #d 8182 Ellis Ave #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 06 (50) 157 501 06 (50)
Occupant Occupant
8172 Ellis Ave #a 8172 Ellis Ave #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 06 (50)
157 501 08 (52)
Occupant
Occupant
8172 Ellis Ave #d
18542 Demion Ln #a
Huntington Beach CA 92646
Huntington Beach CA 92646
157 501 08 (52)
157 501 08 (52)
Occupant
Occupant
18542 Demion Ln #c
18542 Demion Ln #d
Huntington Beach CA 92646
Huntington Beach CA 92646
157 501 09 (53) 157 501 09 (53)
Occupant Occupant
18552 Demion Ln #d 18552 Demion Ln #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 10 (54) 157 501 10 (54)
Occupant Occupant
18572 Demion Ln #b 18572 Demion Ln #c
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 10 (54) 157 501 11 (55)
Occupant Occupant
18572 Demion Ln #a 18582 Demion Ln #a
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 11 (55) 157 501 11 (55)
Occupant Occupant
18582 Demion Ln #c 18582 Demion Ln #d
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 12 (56) 157 501 12 (56)
Occupant Occupant
18602 Demion Ln #d 18602 Demion Ln #a
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 13 (57) 157 501 13 (57)
Occupant Occupant
18612 Demion Ln #d 18612 Demion Ln #c
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 05 (49)
Occupant
8182 Ellis Ave #c
Huntington Beach CA 92646
157 501 06 (50)
Occupant
8172 Ellis Ave #c
Huntington Beach CA 92646
157 501 08 (52)
Occupant
18542 Demion Ln #b
Huntington Beach CA 92646
157 501 09 (53)
Occupant
18552 Demion Ln #c
Huntington Beach CA 92646
157 501 09 (53)
Occupant
18552 Demion Ln #a
Huntington Beach CA 92646
157 501 10 (54)
Occupant
18572 Demion Ln #d
Huntington Beach CA 92646
157 501 1.1 (55)
Occupant
18582 Demion Ln #b
Huntington Beach CA 92646
157 501 12 (56)
Occupant
18602 Demion Ln #b
Huntington Beach CA 92646
157 501 12 (56)
Occupant
18602 Demion Ln #c
Huntington Beach CA 92646
157 501 13 (57)
Occupant
18612 Demion Ln #b
Huntington Beach CA 92646
-7// //-3 --0 0,/
157 501 13 (57) 157 501 14 (58)
Occupant Occupant
18612 Demion Ln #a 18622 Demion Ln #a
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 14 (58) 157 501 14 (58)
Occupant Occupant
18622 Demion Ln #c 18622 Demion Ln #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 15 (59)
157 501 15 (59)
Occupant
Occupant
18632 Demion Ln #d
18632 Demion Ln #c
Huntington Beach CA 92646
Huntington Beach CA 92646
157 502 01 (60)
157 502 01 (60)
Occupant
Occupant
8142 Ellis Ave #b
8142 Ellis Ave #c
Huntington Beach CA 92646
Huntington Beach CA 92646
157 502 01 (60) 157 502 01 (60)
Occupant Occupant
18532 Demion Ln #c 8142 Ellis Ave #a
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 01 (60) 157 502 01 (60)
Occupant Occupant
8142 Ellis Ave #d 18532 Demion Ln #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 02 (61) 157 502 02 (61)
Occupant Occupant
8132 Ellis Ave #b 8132 Ellis Ave #a
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 03 (62) 157 502 03 (62)
Occupant Occupant
18531 Demion Ln #a 18531 Demion Ln #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 04 (63) 157 502 04 (63)
Occupant Occupant
18541 Demion Ln #c 18541 Demion Ln #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 05 (64) 151502 05 (64)
Occupant Occupant
18551 Demion Ln #b 18551 Demion Ln #c
Huntington Beach CA 92646 Huntington Beach CA 92646
157 501 14 (58)
Occupant
18622 Demion Ln #d
Huntington Beach CA 92646
157 501 15 (59)
Occupant
18632 Demion Ln #b
Huntington Beach CA 92646
157 501 15 (59)
Occupant
18632 Demion Ln #a
Huntington Beach CA 92646
157 502 01 (60)
Occupant
18532 Demion Ln #d
Huntington Beach CA 92646
157 502 01 (60)
Occupant
18532 Demion Ln #a
Huntington Beach CA 92646
157 502 02 (61)
Occupant
8132 Ellis Ave #d
Huntington Beach CA 92646
157 502 02 (61)
Occupant
8132 Ellis Ave #c
Huntington Beach CA 92646
157 502 03 (62)
Occupant
18531 Demion Ln #c
Huntington Beach CA 92646
157 502 04 (63)
Occupant
18541 Demion Ln #a
Huntington Beach CA 92646
157 502 05 (64)
Occupant
18551 Demion Ln #d
Huntington Beach CA 92646
7/i 113 �.3 -Co/
157 502 05 (64) 15750206 (65)
Occupant Occupant
18551 Demion Ln #a 18571 Demion Ln #c
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 06 (65) 157 502 06 (65)
Occupant Occupant
18571 Demion Ln #b 18571 Demion Ln #a
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 07 (66) 157 502 07 (66)
Occupant Occupant
18581 Demion Ln #a 18581 Demion Ln #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 08 (67) 157 502 08 (67)
Occupant Occupant
18601 Demion Ln #d 18601 Demion Ln #c
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 08 (67)
157 502 09 (68)
Occupant
Occupant
18601 Demion Ln #a
18611 Demion Ln #a
Huntington Beach CA 92646
Huntington Beach CA 92646
157 502 09 (68)
157 502 09 (68)
Occupant
Occupant
18611 Demion Ln #c
18611 Demion Ln #d
Huntington Beach CA 92646
Huntington Beach CA 92646
157 502 10 (69) 157 502 10 (69)
Occupant Occupant
18621 Demion Ln #b 18621 Demion Ln #c
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 11 (70) 157 502 11 (70)
Occupant Occupant
18631 Demion Ln #b 18631 Demion Ln #c
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 11 (70) 157 502 12 (71)
Occupant Occupant
18631 Demion Ln #d 18641 Demion Ln #b
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 12 (71) 157 502 12 (71)
Occupant Occupant
18641 Demion Ln #d 18641 Demion Ln #a
Huntington Beach CA 92646 Huntington Beach CA 92646
157 502 06 (65)
Occupant
18571 Demion Ln #d
Huntington Beach CA 92646
157 502 07 (66)
Occupant
18581 Demion Ln #d
Huntington Beach CA 92646
157 502 07 (66)
Occupant
18581 Demion Ln #c
Huntington Beach CA 92646
15750208 (67)
Occupant
18601 Demion Ln #b
Huntington Beach CA 92646
15750209 (68)
Occupant
18611 Demion Ln #b
Huntington Beach CA 92646
157 502 10 (69)
Occupant
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Huntington Beach CA 92646
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Occupant
18621 Demion Ln #d
Huntington Beach CA 92646
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Occupant
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Huntington Beach CA 92646
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Occupant
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Huntington Beach CA 92646
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Occupant
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Huntington Beach CA 92646
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157 502 13 (72)
157 502 13 (72)
Occupant
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Occupant
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18651 Demion Ln #a
18651 Demion Ln #c
Huntington Beach CA 92646
Huntington Beach CA 92646
Huntington Beach CA 92646
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159 031 08 (73)
159 031 08 (73)
Occupant
Occupant
Occupant
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18423 Beach Blvd
18425 Beach Blvd
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 031 08 (73)
159 031 08 (73)
159 031 08 (73)
Occupant
Occupant
Occupant
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18429 Beach Blvd
18423 Beach Blvd
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 031 10 (74)
159 031 12 (75)
159 031 17 (77)
Occupant
Occupant
Occupant
18477 Beach Blvd
7901 Ellis Ave
18455 Beach Blvd
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 031 18 (78)
159 101 01 (79) j
159 101 03 (80)
Occupant
Occupant
Occupant
18431 Beach Blvd
18501 Main St
18501 Main St
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
15910201 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #204
18582 Beach Blvd #205
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
159 102 01 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #207
18582 Beach Blvd #208
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
159 102 01 (81)
15910201 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #211
18582 Beach Blvd #212
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
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159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #214
18582 Beach Blvd #215
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
159 102 01 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #217
18582 Beach Blvd #11
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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159 102 01 (81)
159 102 01 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #1 b
18501 Beach Blvd
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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159 102 01 (81)
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Occupant
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Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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15910201 (81)
15910201 (81)
Occupant
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18582 Beach Blvd #13
18582 Beach Blvd #101
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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15910201 (81)
Occupant
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18582 Beach Blvd #12
18582 Beach Blvd #218
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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15910201 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #2
18582 Beach Blvd #200
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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15910201 (81)
15910201 (81)
Occupant
Occupant
Occupant
18582 Beach Blvd #201
18582 Beach Blvd #10
18585 Beach Blvd
Huntington. Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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15910201 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
18582 Beach Blvd #219
18582 Beach Blvd #2
18582 Beach Blvd #3
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
15910201 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #5
18582 Beach Blvd #6
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
15910201 (81)
15910201 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #8
18582 Beach Blvd #241
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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15910201 (81)
15910201 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #240
18595 Beach Blvd
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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159 102 01 (81)
159 102 01 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18631 Beach Blvd
18635 Beach Blvd
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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159 10201 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18645 Beach Blvd
18649 Beach Blvd
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
159 102 01 (81)
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159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #14
18582 Beach Blvd #8c
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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15910201 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #220
18582 Beach Blvd #221
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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159 102 01 (81)
159 102 01 (81)
Occupant
Occupant
Occupant
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18582 Beach Blvd #223
18582 Beach Blvd #224
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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Occupant
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18582 Beach Blvd #226
18582 Beach Blvd #227
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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Occupant
Occupant
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18582 Beach Blvd #231
18582 Beach Blvd #232
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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Occupant
Occupant
Occupant
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18582 Beach Blvd #234
18582 Beach Blvd #235
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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Occupant
Occupant
Occupant
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18582 Beach Blvd #237
18582 Beach Bivd #238
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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Occupant
Occupant
Occupant
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18582 Beach Blvd #228
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Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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159 102 43 (83)
159 102 44 (84)
Occupant
Occupant
Occupant
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Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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930 034 53 (103)
Occupant
Occupant
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18377 Beach Blvd #334
18377 Beach Blvd #210
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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Occupant
Occupant
Occupant
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18377 Beach Blvd #208
18377 Beach Blvd #207
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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Occupant
Occupant
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18377 Beach Blvd #205
18377 Beach Blvd #204
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
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18377 Beach Blvd #201
18377 Beach Blvd #213
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
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18377 Beach Blvd #108
18377 Beach Blvd #107
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
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18377 Beach Blvd #105
18377 Beach Blvd #104
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
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18377 Beach Blvd #102
18377 Beach Blvd #101
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
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18377 Beach Blvd #323
18377 Beach Blvd #100
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
18377 Beach Blvd #333
18377 Beach Blvd #332
18377 Beach Blvd #331
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
18377 Beach Blvd #330
18377 Beach Blvd #329
18377 Beach Blvd #328
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
18377 Beach Blvd #327
18377 Beach Blvd #326
18377 Beach Blvd #211
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
93003453 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
18377 Beach Blvd #324
18377 Beach Blvd #212
18377 Beach Blvd #322
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
930 034 53 (103)
930 034 53 (103)
Occupant
! Occupant
Occupant
18377 Beach Blvd #321
18377 Beach Blvd #220
18377 Beach Blvd #219
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
18377 Beach Blvd #218
18377 Beach Blvd #217
18377 Beach Blvd #216
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
930 034 53 (103)
930 034 53 (103)
930 034 53 (103)
Occupant
Occupant
Occupant
18377 Beach Blvd #215
18377 Beach Blvd #214
18377 Beach Blvd #325
Huntington Beach CA 92648
Huntington Beach CA 92648
Huntington Beach CA 92648
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California Coastal Commission
South Coast Area Office
200 Oceangate, 10th Floor
Long Beach, CA 92802-4302
28
Huntington Beach Post Office
New Growth Coordinator
6771 Warner Ave.
Huntington Beach, CA 92647
30
HB City Elementary School Dist.
Gregg Haulk, Superintendent
20451 Craimer Lane
Huntington Beach, CA 92648
26
Department of Transportation, Dist, 12
Christopher Herre, Branch Chief
3337 Michelson Dr., Suite 380
Irvine, CA 92612-1699
D2�;
Fountain Valley Elem. School Dist.
Marc Ecker
10055 Slater Avenue
Fountain Valley, CA 92708
31
Ocean View Elem. School Dist.
William Loose, Superintendent
17200 Pinehurst Lane
Huntington Beach, CA 92647
33 '
HB Union High School District
Stephen Ritter
5832 Bolsa Avenue
Huntington Beach, CA 92649
HB City Elementary School Dist.` --
John Archiald
20451 Craimer Lane
Huntington Beach, CA 92648
Westminster School District
Christine Fullerton
14121 Cedarwood Avenue
Westminster, CA 92683
HB Union High School District
Greg Plutko, Superintendent
5832 Bolsa Avenue
Huntington Beach, CA 92649
35 36
Goldenwest College OC County Harbors, Beach & Parks
Attn: Fred Owens Dept.
15744 Goldenwest St. P.O. Box 4048
Huntington Beach, CA 92647 Santa Ana, CA 92702-4048
Country View Estates HOA
Carrie Thomas
6642 Trotter Drive
Huntington Beach, CA 92648
Meadowlark Area
Cheryle Browning
16771 Roosevelt Lane
Huntington Beach, CA 92649
38 38
Country View Estates HOA
Gerald Chapman
6742 Shire Circle
Huntington Beach, CA 92648
39 40
Hearthside Homes
6 Executive Circle, Suite 250
Irvine, CA 92614
41
Bolsa Chica Land Trust _ _ OC Sanitation District
Evan Henry, President 10944 Ellis Avenue
1812 Port Tiffin Place Fountain Valley, CA 92708
Newport Beach, CA 92660
42
Richard Loy
9062 Kahului Drive
Huntington Beach, CA 92646
John Ely
22102 Rockport Lane
Huntington Beach, CA 92646
27
Local Solid Waste Enf. Agy.
O.C. Health Care Agency
Director
P.O. Box 355
Santa Ana, CA 92702
29
Fountain Valley Elem. School Dist.
Rina Lucchese, Executive Assistant
10055 Slater Avenue
Fountain Valley, CA 92708
31
Ocean View Elem. School Dist.
Attn: Cindy Pulfer, Admin. Services
17200 Pinehurst Lane
Huntington Beach, CA 92647
Westminster School District
Richard Tauer, Superintendent
14121 Cedarwood Avenue
Westminster, CA 92683
34
Cannery Hamilton Properties, LLC
Ascon Landfill Site c/o Tamara Zeier
One Pointe Drive, Suite 320
Brea, CA 92821
37
Bella Terra Mall
Attn: Pat Rogers-Laude
7777 Edinger Ave. #300
Huntington Beach, CA 92647
39
Meadowlark Area
Sally Graham
5161 Gelding Circle
Huntington Beach, CA 92649
41
Bolsa Chica Land Trust
5200 Warner Avenue, Ste. 108
Huntington Beach, CA 92649
42 42
AES Huntington Beach, Ll(
Eric Pendegraft, Plant Manager
21730 Newland Street
Huntington Beach, CA 92646
42 43
HB Coastal Communities Assoc.
David Guido
143 E. Meats Avenue
Orange, CA 92865
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HB Chamber of Commerce-
Orange County Assoc. of Realtors
Amigos De Bolsa Chica
President
Dave Stefanides
President
2134 Main St. Ste. 100
25552 La Paz Road
P.O. Box 1563
Huntington Beach, CA 92648
Laguna Hills, CA 92653
Huntington Beach, CA 92647
4
4
Sunset Beach Community Assoc.
Sunset Beach Local Coastal Program
Huntington Beach Tomorrow
Pat Thies, President
Advisory Board —County of Orange
President
PO Box 215
P. 0. Box 746
PO Box 865
Sunset Beach, CA 90742-0215
Sunset Beach, CA 90742-0746
Huntington Beach, CA 92648
6
7
8
Building Industry Assoc. of South Calif.
SCAG
ETI: Corral 100
Attn: Elyse Sminada, Govt. Affairs Asst.
Richard Spicer
Jean Kimbrell
17744 Sky Park Circle, Suite 170
818 West 7th, 12th Floor
20292 Eastwood Circle
Irvine, CA 92614
Los Angeles, CA 90017
Huntington Beach, CA 92646
9
10
11
Environmental Board Chair
Huntington Harbor POA
Matrix Environmental
Robert Smith
P.O. Box 791 Attn: Shawn Gauer, Senior Planner
21352 Yarmouth Lane
Sunset Beach, CA 90742
6701 Center Drive West #900
Huntington Beach, CA 92646
Los Angeles, CA 90045
12
13
14
Rutan & Tucker, LLP
Newland House Museum
Historic Resources Board Chair
Jeffrey M. Oderman
Pres., H.B. Historical Society
Barbara Haynes
611 Anton Blvd., 14th Floor
19820 Beach Blvd.
19341 Worchester Lane
Costa Mesa, CA 92626-1950
Huntington Beach, CA 92648
Huntington Beach, CA 92646
15
16
16
Council on Aging
Seacliff HOA
Seacliff HOA
1706 Orange Ave.
Jeff Metzel
John Roe
Huntington Beach, CA 92648
19391 Shady Harbor Circle
19382 Surfdale Lane
Huntington Beach, CA 92648
Huntington Beach, CA 92648
16
16
17
Seacliff HOA
Sue Johnson
Kirsten Berg
Lou Mannone
19671 Quiet Bay Lane
18870 Kithira Circle
19821 Ocean Bluff Circle
Huntington Beach, CA 92648
Huntington Beach, CA 92648.
Huntington Beach, CA 92648
18
19
19
Pacific Coast Archaeological Society, Inc.
O.C. Ping. & Dev. Services Dept.
O.C. Planning & Develop. Dept.
Attn: Jane Gothold
Director
Michael Balsamo
P.O. Box 10926
P.O. Box 4048
P.O. Box 4048
Costa Mesa, CA 92627
Santa Ana, CA 92702-4048
Santa Ana, CA 92702-4048
20
21
22
City of Costa Mesa
City of Fountain Valley
City of Newport Beach
Planning Director
Planning Director
Planning Director
P.O. Box 1200
10200 Slater Ave.
P.O. Box 1768
Costa Mesa, CA 92628-1200
Fountain Valley, CA 92708
Newport Beach, CA 92663-8915
23
24
25
City of Westminster
City of Seal Beach
California Coastal Commission
Planning Director
Planning Director
Theresa Henry
8200 Westminster Blvd.
211 Eighth St.
south coast area office
200 Oceangate, 10th Floor
Westminster, CA 92683
Seal Beach, CA 90740
Long Beach, CA92902-4302
%
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Occupant
8102 Ellis Ave #319
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #322
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #325
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #328
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #331
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #334
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #337
Huntington Beach Ca 92646
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8102 Ellis Ave #320 8102 Ellis Ave #321
Huntington Beach Ca 92646 Huntington Beach Ca 92646
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8102 Ellis Ave #323
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #326
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #329
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #332
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #335
Huntir.ton Beach Ca 92646
Occupant
8102 Ellis Ave #338
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #324
'Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #327
Huntington Beach Ca 92646
Occupant
;'8102 Ellis Ave #330
Huntington Beach Ca 92546
Occupant
8102 Ellis Ave #333
Huntington Beach Ca 92646
Occupant
8102 Ellis Ave #336
Huntington Beach Ca 92646
Occupant `
8102 Ellis Ave #339
Huntington Beach Ca 92646
Occupant
Occupant
Occupant
8102 Ellis Ave #340
8102 Ellis Ave #341
8102 Ellis Ave #342
Huntington Beach Ca 92646
Huntington Beach Ca 92646
Huntington Beach Ca 92646
Occupant
Occupant
Occupant
1.8451 Patterson, Ln #101 -
410^
Huntington Beach Ca 92646
Huntington Beach Ca 92646
Huntington Beach Ca 92646
Occupant
18584 Main St
Huntington Beach Ca 92648
Occupant
18546 Main St
Huntington Beach Ca 92648
Occupant
18545 Main St
Huntington Beach Ca 92648
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Ad Copy:
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL Of THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, July
1, 2013, at 6:00 p.m. in the City Council Chambers,
2000 Main Street, Huntington Beach, the City
Council will hold a public hearing on the following
planning and zoning items:
1. LOCAL COASTAL PROGRAM AMENDMENT NO.
2-11 (VARIOUS AMENDMENTS) Applicant: City
of Huntington Beach Request: 1) To accept
modifications to the Huntington Beach Zoning and
Subdivision Ordinance approved by the California
Coastal Commission on April 10, 2013 for LCPA
No. 2-11. 2) To amend the Huntington Beach
Zoning and Subdivision Ordinance to reflect the
California Coastal Commission's modifications.
Location: Citywide Coastal Zone area City Contact:
Jennifer Villasenor, Senior Planner
2. DEVELOPMENT AGREEMENT NO. 13-001
(ELAN DEVELOPMENT AGREEMENT) Applicant:
Dan Milich Property Owner: Elan Huntington
Beach, LLC, c/o Greystar Capital Partners Request:
Development Agreement No. 13-001 represents a
request to enter into a Development Agreement
between the City of Huntington Beach and Elan
Huntington Beach, LLC (c/o Greystar) pursuant
to approvals for the Beach and Ellis Mixed Use
project (Site Plan Review No. 12-001). The project
was approved for 274 apartment units (includes
six live -work units), 8,500 sq, ft. of retail space,
a leasing office and private recreational amenities
including a public open space plaza. The project
formerly known as the Beach and Ellis Mixed Use
was approved by the Planning Commission and
the City Council in 2012. Condition of Approval
No. 6.b. requires an affordable housing agreement
for 27 units to be approved by the City Council
and recorded to provide affordable dwelling units
in accordance with the Huntington Beach Zoning
and Subdivision Ordinance. Location: 18502-18552
Beach Boulevard, 92648 (southeast corner of Beach
Boulevard and Ellis Avenue) City Contact:
Rosemary Medal, Associate Planner
NOTICE IS HEREBY GIVEN that this item #1 affects
property located in the appealable jurisdiction of
the Coastal Zone and includes a Local Coastal
Program Amendment that has been approved by
the California Coastal Commission. The City
CounciiOs action on this item will be forwarded
to the California Coastal Commission for Executive
Director Determination.
NOTICE IS HEREBY GIVEN that item #1 the
preparation and approval of Local Coastal Program
Amendment No. 2-11 is exempt from the
requirements of CEQA, pursuant to Section 21080.9
of CEQA and Sections 15251(f) and 15265 of Title
14, California Code of Regulations.
NOTICE IS HEREBY GIVEN that Item #2 was included
in the scope of the Beach and Ellis Mixed Use
ad proof pg. 1 _ _
Project Environmental Impact Report No. 10-004
certified by the Planning Commission on December
13, 2011.
ON FILE: A copy of the proposed request is on
iiieTn {fie Planning and Building Department, 2000
Main Street, Huntington Beach, California 92648,
for inspection by the public. A copy of the staff
report will be available to interested parties at
the City Clerk's Office aor on line at
http://www.huntingtonbeachca.gov on Thursday,
7unn , zu13.
ALL INTERESTED PERSONS are invited to attend
said hearing and express opinions or submit
evidence for or against the application as outlined
above. If you challenge the City Council's action
in court, you may be limited to raising only those
issues you or someone else raised at the public
hearing described in this notice, or in written
correspondence delivered to the City at, or prior
to, the public hearing. If there are any further
questions please call the Planning and Building
Department at (714) 536-5271 and refer to the
above items. Direct your written communications
to the City Clerk
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
Published"H.B. Independent June 20, 2013
ad proof pg. 2 m
OFCALIFORNIA)
COUNTY O ORANGE
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
HUNTINGTON BEACH
INDEPENDENT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of. Huntington Beach, County of
Orange, and the State of California.
Attached to this Affidavit is a true and
complete copy as was printed and
published on the following date(s):
Thursday, June 20, 2013
I certify (or declare) under penalty
of perjury that the foregoing is true
and correct.
Executed on June 25, 2013
at Los Angeles, California
W &��
Signature
7/2/2013
Request
• DA No. 13-001: To enter into a Development
Agreement between the City and Greystar pursuant to
approvals for Greystar
• Site Plan Review No. is-ooi was approved by the
Planning Commission and City Council in 2oi2
• Condition No. 6.b requires approval of a Development
Agreement to provide for affordable dwelling units
• Eliminates the traffic impact fee language in the DA;
payment is ensured through mitigation measures and
standard code requirements
oi-�o13
7/2/2013
Project
• 274 residential units
• 8,500 square feet of
retail
• 27 affordable onsite
units (.4 fractional
unit)
oo�.�r a.r�on •.tl....a.na s.w, t
Analysis
• DA No.13-ooi: City is authorized pursuant to
California Government Code and Chapter 246 of the
HBZSO to enter into binding development
agreements
• Specifies that 27 onsite units shall be provided as
affordable to moderate income households for 55 years
• Applicant will pay the fractional portion of 0.4 of the
io percent requirement
7/2/2013
RECOMMENDATION
• Recommend that the City Council:
• Find that DA No. 13-001 conforms to applicable goals
and policies of the General Plan and is consistent with
the HBZSO
• Approve ordinance with suggested findings
3