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PACIFIC COAST HOMES AND GARFIELD PARTNERS/MANSION PROPERTIES - 2005-12-05
t .i z 2006 MAY 25 N1 5: 54 "Y Council/Agency Meeting Held: Deferred/Continued to:,Mop,-z�b ?kAyroved, 0 Conditional)Qprov. d LJ Denied it I rk's "afgnat-arg' V Council Meeting Date: 6/5/2006 Department ID Number: CK 2006-6 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council SUBMITTED BY: Joan L. Flynn, City Clerk L PREPARED BY: Robin F. Lugar, Assistant tCyy Clerq ( SUBJECT: FIRST READING OF ORDINANCE NO. 3736 - HOLLY SEACLIFF DEVELOPMENT AGREEMENT INTERIM EXTENSION REQUEST Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: A request by the City Clerk to read for introduction the title of Ordinance No. 3736 adopted by the City Council on May 15, 2006. Funding Source: Not applicable. Recommended Action: Motion to: 1. Direct the City Clerk to read for introduction the title of Ordinance No. 3736, "An Ordinance of the City Council of the City of Huntington Beach Adopting A First Amendment to the Development Agreement Between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners. Alternative Action: None. Analysis: On Monday, May 15, 2006 a public hearing was held to consider a request to extend the Holly Seacliff Development Agreement No. 90-1 for an additional six-month interim period. The Council approved the request and adopted Ordinance No. 3736 by a 7-0 vote, but the title of the ordinance was not read into the record. This item is being brought back to Council for introduction and reading pursuant to Article V Ordinances and Resolutions, Section 500 (a) Enactment of the City Charter which states "Upon introduction and second reading, an ordinance shall be read by title only. Environmental Status: Not applicable. Aftachment(s): City Clerk's Page Number No. Description 1. Ordinance No. 3736 6 ATTACHMENT 1 ORDINANCE NO. 3 7 3 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS WHEREAS, the City Council of the City of Huntington Beach does hereby find, determine and ordain as follows: SECTION 1. The Development Agreement By and Between The City Of Huntington Beach and Pacific Coast Homes and Garfield Partners is hereby amended as set forth in Exhibit «A„ SECTION 2. This ordinance shall take effect thirty (30)days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 th day of June , 2006. Mayor ATTEST: APPROVED AS TO FORM: C Clerk 'ty Attorney I �rl�l wi vu i o REVIEWED AND APPROVED: INITIA ED AND APPROVED: ity Ad inistrator Dir ctor of Planning Q. Z y, o , Exhibit A First Amendment to Development Agreement By And Between The City of Huntington Beach And -Pacific Coast Homes And Garfield Partners 06ord/.holly amend Ordinance No. 3736 �i Recorded in Official Records, Orange County rF y Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: Ililiil IIIIIIilillllll IIIIIIillllllllillllllll IIIII IIIII IIIIIIIIIIIIIIIIII NO FEE 2006000433649 02:42pm 06/28/06 City of Huntington Beach 212 50 Al2 9 2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 Attention: City Clerk Exempt From Recording Fees Pursuant to Govt.Code §27383 1 FIRST AMENDMENT TO rs DEVELOPMENT AGREEMENT BY AND BETWEEN f r Y. THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into on May 15 , 2006 ("Execution Date") by and between the CITY OF HUNTINGTON BEACH, a municipal corporation("City") and MANSION PROPERTIES, INC., a California corporation ("Owner"). The effective date of this Amendment shall be December 5, 2005. RECITALS A. Pacific Coast Homes, Garfield Partners and City entered into that certain Development Agreement adopted by Ordinance No. 3080 on November 5, 1.990, having an effective dated of December 5, 1990, which was recorded on November 14, 1990 in the Official Records of Orange County as Document No. 90-599766 (the "Development Agreement") affecting that portion of the Property, as that term is defined in the Development Agreement, described in Exhibit"A", attached hereto and a part hereof(the "Mansion Property"). B. Owner is the current owner of record of the Mansion Property. C. The term of the Development Agreement will expire on December 5, 2005 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Owner or its successors or assigns. D. The City and Owner now wish to amend the Development Agreement as it relates to the Mansion Property by extending the term as set forth herein. NOW THEREFORE, in accordance with Government Code Section 65868 and Section 4.12 of the Development Agreement, the City and Owner agree as follows: Section 1. Extension of the Term, Limitation of Rights. The term of the Development Agreement as it relates to the Mansion Property is hereby extended until December 5 , 2006 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Mansion or its successors or assigns. During the term of this extension, Mansion shall not process 06ord%.holly amend 2 any Development Approvals. As used herein"Development Approvals" shall have the meaning set forth in the Development Agreement. Section 2. Vested Right. Subject to Section 1 above, Mansion shall continue to have the vested rights to complete the Development on the Mansion Property in accordance with the Development Agreement. As used herein, the term "Development" shall have the same meaning set forth in the Development Agreement. Section 3. Miscellaneous. (a) Continuing Effect. Except as expressly modified by this Amendment, all other terms, obligations, conditions and restrictions set forth in the Development Agreement shall remain unchanged and in full force and effect. (b) Counterparts. This Amendment may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original, but which together shall constitute one and the same instrument. c) Binding Effect. This Amendment shall be binding on the parties hereto and affect the Mansion Property. IN WITNESS WHEREOF, this Amendment is executed by the City and Mansion as of the Execution Date. MANSION PROPERTIES, INC., CITY OF HUNTINGTON BEACH, a a Ca ' ornia corporation municipal corporation of the State of California By: print name p4c ic=Pesidn-t::::>ITS: (circle one)Chairman/Presiden `` Mayor AND By. Ci y Clerk LE l print name APPR VED AS TO FORM: ITS: (circle one)Secretary/Chief Financial Officer ss. - ' /! r Secret -Treasurer City Attom 1 10(.t INITIATED AND APPROVED: Di ector of Planning 06ord/.holly amend CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (d/LLt LOSTt2 ss. On before me, Date NaAe and Title of Officer(e.g.,"Jane Doe,ffotary ublic�) personally appeared N=ersonally known to me ❑ proved to me on the basis of satisfactory C H.111611119M evidence conwromkin#1618W -,� Notary RAAc -camornlo _ to be the person(s) whose name(s) is/are Contra Costa County subscribed to the within instrument and My Comm.Expires Nov 7,2009 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or t the entity upon behalf of which the person(s) acted, executed the instrument. i, WITNESS m hand ar d ofycial seal. ign u e of tary Public ) OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �,D,, n Title or Type of Document: Document Date: Number of Pages: ..z Signer(s)Other Than Named Above:Capacity(ies) Claimed by Signer Signer's Name: 1�_ Afri 444 S Ow, NO ❑ lVdiyulaal / Top of thumb here orporate Officer—Title(s): ❑ Partner—❑Limited ❑General I ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i� i' Signer Is Representing: 01999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Cali Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �l ./ County of L O�J 574 S ss. f A�'� l -o—ei On i �.� before me, � , Date , /la and i e of Office (e.g,"Jane Doe,Notary ublic) — personally appeared Names)of Si s) ersonally known tome ❑ proved to me on the basis of satisfactory C• evidence Con""M•1611iillt 111110"PWAC_Car01111110 to be the person(s) whose name(s) is/are cardic caft COmww* subscribed to the within instrument and )' 11001 Myconnln.EVbw 7. acknowledged to me that he/she/they executed the same in his/her/their authorized i. capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or l the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand 7d offic I seal. f f nature o o ry ublic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1 ,4ie�'f Document Date: Number of Pages: 2 I Signer(s)Other Than Named Above:c O Capacity(ies) Claimed by Signer f Signer's Name: (n ❑_!Pdjvidual / Top of thumb here O Corporate Officer—Title(s): S 6TJI ❑ Partner—❑Limited ❑General i ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator 1 ❑ Other: I l Signer Is Representing: l l 01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nauonalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On June 22, 2006 , before me, ---------P. L. Esparza, Notary Public------- Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared ------------------------ Dave Sullivan--------------------------------------- , Names)of Signer(s) �6 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/9heAHey executed the same in his/hw/th& authorized capacity(iss), and that by his/ba;Ahelr signature(s) on the instrument the person(s), or P L.ESPAM the entityupon behalf of which the person(s) comaaa #15"179 ., Notary RMC-Calliomta acted, executed the instrument. cotrr MVCW=. WITNESS y hand and official seal. Place Notary Seal Above ,Aignr of Notary P is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:First Amendment to Development Agreement by and Between the City of Huntington Beach Pacific Coast Homes and Garfield Partners Document Date: May 15, 2006 Number of Pages: Signer(* Other Than Named Above: Joan L. Flynn, City Clerk Capacity(!") Claimed by Signer Signer's Name: Dave Sullivan ❑ Individual Top of thumb Here K Corporate Officer—Title(s): Mayor ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The City of Huntington Beach 0 1 We National Notary Association•9W De Solo Ave.,P.O_Bon 24M•Chatswoft,CA 91313-2402•www.riatonaktotwy.org Prod.No.5907 Reorder:Call Tog-Free 1-800-8764M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 6Q4106 4--__ ss. On Ult�� p�0 0�2�� before me, L Date Name and Title of Officer(e.g.,"Jane Doe,Nota Public") personally appeared Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/afe-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hri lher/4hetr authorized capacity(ies&), and that by his/herMeir- P L.ESPARZA signature on the instrument the person, or the Comrtbslon*1599179 entity upon behalf of which the person(g) acted, Notary Public•California executed the instrument. orange County i6My Comm.EXPNft Aug 4. WITNE m h I a official seal. Place Notary Seal Above Signs of Notary Pub' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another d ument. Description of Attached D current Title or Type of Document: Document Date: Number of Pages:—s-)- Signer(s)Other Than Named Above: JAV, Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑ General ❑ Partner—❑Limited [IGeneral 11c; IN IM,INN ❑ Attorneyin Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conse at S ElGuardian or Conservator Other: O/L-y -s ❑ Other: Signer Is Representing: Signer Is Representing: Q 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 Ordinance No. 3736 Legal Description Lot 104 of Tract No. 16490 in the City of Huntington Beach,County of Orange,State of California, as shown on a map filed in book 859 pages 1-7 of miscellaneous maps in the office of the County Recorder of said county. And Parcel E of Certification of Compliance No. 96A recorded February 28, 1996 as Instrument no. 19960095325 in the office of the County Recorder of the County ofi Orange, State of California. Ordinance No. 3736 Sketch to Accompany Legal Description J � c% �.< p O �. O \ Z o �i v N ai It C a- �� O u 4 C- Q u o{O '`L O w , D�'1 4 R=751.00, N , , N O N ,,,-1, u Z tf� O ti 0 - O - , CQ O t0 0 '� o � O � G Z N Z o 11 O 2 cO00 -. . :, .. O W In N O tom. 0 O LY E C. Z S °42`5 "E - 705.06 GARFIELD AVENUE P.O.B., SW. COR., SE 1/4, SW 1/4, SEC 35 PER TR- 14662, M.M. 724/16-21. ARM Hunsaker & Associates LEGAL DESCRIPTION Irvine, Inc. TAne NugAes. Irvine. CA 9?718 •(714)583-1010 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CAUFORNIA Planning • Engineering • Surveying 0.W: 26-96 o:iE NONE e';,`KFitzgeraid 'BY.-*' H. FOSS SCALE: 1'_15a' W.O. 1438-3 K- \GT\1438\3\CALC\t0\A000\EXHSTB.DWG w 1078-1 H&A LEGAL No. 4000 �,11 t\4;%. Ay Oy' a I rn o � f _ ♦ 0 an Vr� ILOV Im a S S �{ > LIIO m S $ S k z �°. °�♦�r� °°O /� W .d O O 0 o t f h t7e a ue+ - "ueo c1�o m� ,� r♦��. ,° / / r �� f" s S 9.37 It r 1 9 l4 / TP`" °O°'�JA'p ♦ // fA Z Q 1 1 8 y - k ms r G r " Rs� °� ♦ °r i% V Vl. D A 1167 tl� , �L171 G L L17p t ur2 uS6 8' y;+1t62 �ltM �^ f�' �' °40.°�9Y. •� v 3'�b. C a `�•!p , S S 1S $ n m m k 'k b �� °°. �Y i i wev Nsrpr 16pA7 �IAC_ 1 NIRuel w 1002p •^ �wS`5+ °°O°° ♦�Oa L' /'"� o t 1a g �tl.]P�P c fwr�. � c 4p�`� /St'P �,/`"� �� •%.• \ �a rf. � O f� NEto w '%w C0.1 N 4tUtI_w lou P< RNNATE SCR E � . Qb - C B \� � 1 , WW\^ ' D • >'\9�� 9`+L_� Y!0 ` N worar w H z N IdSPo1'M m�' (� ale/ d sass' p oo ae�• 00, 1 ��� � i t-- _--- eZ '� v� �'Rr�/ e0.ar z Ss�" / °'!'�.� �i ,\ \ •Tl� � W y F �wyttp 94 y` �' � z Atlt 116 _LLO1 119 8) I 71AY aar ni °°\\o \ '& y\�\i1• ~ a `yY\�`5'tECa'4 W at M.b M a v I n I m N b'a \ l S1\� 16- t 1 m't, M'` �., ♦� y <!l Ut� ti n,�l' �-�{�f�� ,m•n �I$ � _UP _ L I G /4 AC JO.yO' SEE SHEET 5 I� I SEE SHEET a Ord. No. 3736 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a re ular meeting thereof held on the 5th day of June,2006,and was again read to said City Council at a regular meeting thereof held on the 19th day of June,2006,and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Sullivan, Hardy, Hansen, Cook NOES: None ABSENT: Coerper 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 June 29,2006. In accordance with the City Charter of said City Joan L. Flynn,Ci1y Clerk Ci Clerk and ex-officio erk Deputy city clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: City Clerk SUBJECT: FIRST READING OF ORDINANCE NO. 3736 - HOLLY SEACLIFF DEVELOPMENT AGREEMENT INTERIM EXTENSION REQUEST COUNCIL MEETING DATE: June 5, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached ❑ Not Ap licable Fiscal Impact Statement (Unbudget, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Ap licable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Oniy) RCA Author: R. Lugar PROOF OF PUBLICATION CITY OF HUNTINGTON BEACH ' LEGAL NOTICE STATE OF CALIFORNIA) ORDINANCE N0:3736 Adopted by the City CounciC ) ss. on JUNE 19,2006. ' ) "AN ORDINANCE OF THE COUNTY OF ORANGE CITY COUNCIL OF.THE CITY OF HUNTINGTON' BEACH ADOPTING A, ,}�-� � and y FIRST AMENDMENT.TO' I am a Citizen of the United States a .THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTING- resident of the County aforesaid, I am TON BEACH AND PACIF- IC COAST HOMES AND over the age of eighteen years, and not a GARFIELD PARTNERS" SYNOPSIS: ' party to or interested in the below entitled ON DE CITY C N 2005 THE CITY OUN- matter. I am a principal clerk of the CIL APPROVED A RE= QUEST BY MANSION' PROPHUNTINGTON BEACH INDEPENDENT, iSUBSI DIARYTIES INC.; - SUBSIDIARY OF CHEV-' IRON, TO,EXTEND THE a newspaper of general circulation, i TE M OF HE HOLLY, printed and published in the City of (DA) FOR AN INTERIM �a SIX MONTH PERIOD Huntington Beach, County of Orange, TO JUNE 5 2006. THE; EXTENSION .WOULD! State of California, and that attached ONLY APPLY. TO THE! Notice is a true and complete copy as LOCC i ,ACRE PROPERTY' ATED AT THE NORTHEAST. CORNER' was printed and published in the OF 'GA THA AVENUE' p p AND GOTHARD STREET' THAT IS OWNED BY'. Huntington Beach issue of said MANSION PROPER- TIES,INC:(MPI)., newspaper to wit the Issue(s) of. ALTHOUGH PRGG- RESS WAS MADEI WITH RESPECT TO THE CITY'S AND MPI'S UN= DERSTANDING OF THE' SITE,'MPI REQUESTED'; THAT. THE CITY EX- TEND THE INTERIM EX-- TENSION FOR.AN AD JUSIE 29,2006 DITIONAL SIX MONTHS UNTIL DE- CEMBER 6, 2006, TO ALLOW SUFFICIENT TIME FOR THE'CITY TO ANALYZE INFORMA- TION AND PROVIDE. FEEDBACK TO MPI ON, I THE VIABILITY OF THE SITE FOR DEVELOP- I declare, under penalty of perjury, that IMENT OF THIS OR the foregoing is true and correct. ABLEDIN ABLE DIE ARE AVAIL-; S IN; THE CITY. (CLERK'S OFFICE. PASSED AND iADOPTED .by the City.' Executed on JUNE 29,2006 Counl of the Huntington Beach at- at Costa Mesa, California. 'regular meeting, held June g 2006 by the ifollowining-roll call vote: IAYES:Bohr, Green,Sul-, Iivan, Hardy, Hansen,, Cook NOES-None ABSENT:LCoerper Signature This ordinance is of fed 30 days after adoption' , CITY OF HUNTINGTON BEACH 2000 MAIN-STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN,CITY i CLERK Published, Huntington Beach Independent June! .29,2006 'J CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK NOTICE OF ACTION HOLLY SEACLIFF DEVELOPMENT AGREEMENT May 23,2006 Mansion Properties,Inc. 145 S. State College Blvd.,4th floor Brea,CA 92821-5833 APPLICANT: Mansion Properties,Inc., 145 S. State College Blvd.,41h flr.,Brea, CA 92821-5833 REQUEST: Extend the Holly Seacliff Development agreement for an interim period ending December 5,2006, for the subject property. LOCATION: Approximately 11.8 acres located at the northeast corner of Garfield Avenue and Gothard Street. PROJECT PLANNER: Mary Beth Broeren A Public Hearing was held on May 15,2006 to introduce Ordinance No. 3736 which extends the Holly Seacliff Development Agreement 90-1 for an additional six month interim period ending December 5, 2006 for property located at the northeast corner of Garfield Avenue and Gothard Street. The Ordinance was approved for introduction and will return to the City Council for adoption on June 5,2006. Enclosed are the Findings for Approval and copies of the unexecuted ordinance and agreement,which will be fully executed and recorded after the June 5 meeting. After the recordation is complete,copies will be mailed to complete your files. If there are any further questions,please contact Mary Beth Broeren,Principal Planner at (714)536-5550. 04 oan L.Flynn City Clerk JF:pe Attachments NOA-Holly Seacliff Development Agreement (Telephone:714-536-5227) FINDINGS FOR APPROVAL—FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90-1: 1. The amendment to the development agreement is consistent with the General Plan and with any Specific Plan. The extension of the development agreement for an interim period does not modify any general plan policies or Specific Plan standards. 2. The amendment to the development agreement is consistent with all provisions of this ordinance, the Municipal Code, and the State Subdivision Map Act. 3. The amendment to the development agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property. The amendment does not negate any existing rules, regulations or development standards currently in affect with respect to the property. 4. There is no fiscal effect of the amendment of the development agreement for an interim period on the City in that no development agreement terms, other than time period,have been modified. ORDINANCE NO. 3736 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS WHEREAS, the City Council of the City of Huntington Beach does hereby find, determine and ordain as follows: SECTION 1. The Development Agreement By and Between The City Of Huntington Beach and Pacific Coast Homes and Garfield Partners is hereby amended as set forth in Exhibit «A", SECTION 2. This ordinance shall take effect thirty (30) days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2006. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Ptyttorney REVIEWED AND APPROVED: INITI ED AND APPROVED: ity AdAimistrator Dir ctor of Planning q• Z 4' D b Exhibit A First Amendment to Development Agreement By And Between The City of Huntington Beach And Pacific Coast Homes And Garfield Partners 06ord/.holly amend 1 EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: City Clerk Exempt From Recording Fees Pursuant to Govt.Code§27383 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into on May 15 , 2006 ("Execution Date") by and between the CITY OF HUNTINGTON BEACH, a municipal corporation("City") and MANSION PROPERTIES, INC., a California corporation ("Owner"). The effective date of this Amendment shall be December 5, 2005. RECITALS A. Pacific Coast Homes, Garfield Partners and City entered into that certain Development Agreement adopted by Ordinance No. 3080 on November 5, 1-990, having an effective dated of December 5, 1990, which was recorded on November 14, 1990 in the Official Records of Orange County as Document No. 90-599766 (the "Development Agreement") affecting that portion of the Property, as that term is defined in the Development Agreement, described in Exhibit"A", attached hereto and a part hereof(the "Mansion Property"). B. Owner is the current owner of record of the Mansion Property. C. The term of the Development Agreement will expire on December 5, 2005 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Owner or its successors or assigns. D. The City and Owner now wish to amend the Development Agreement as it relates to the Mansion Property by extending the term as set forth herein. NOW THEREFORE, in accordance with Government Code Section 65868 and Section 4.12 of the Development Agreement, the City and Owner agree as follows: Section 1. Extension of the Term,Limitation of Rights. The term of the Development Agreement as it relates to the Mansion Property is hereby extended until December 5 , 2006 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Mansion or its successors or assigns. During the term of this extension, Mansion shall not process 06ordl.holly amend 2 any Development Approvals. As used herein"Development Approvals" shall have the meaning set forth in the Development Agreement. Section 2. Vested.Right. Subject to Section I above, Mansion shall continue to have the vested rights to complete the Development on the Mansion Property in accordance with the Development Agreement. As used herein, the term "Development' shall have the same meaning set forth in the Development Agreement. Section 3. Miscellaneous. (a) Continuing Effect. Except as expressly modified by this Amendment, all other, terms, obligations, conditions and restrictions set forth in the Development Agreement shall remain unchanged and in full force and effect. (b) Counterparts. This Amendment may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original, but which together shall constitute one and the same instrument. c) Binding Effect. This Amendment shall be binding on the parties hereto and affect the Mansion Property. IN WITNESS WHEREOF, this Amendment is executed by the City and Mansion as of the Execution Date. MANSION PROPERTIES, INC., CITY OF HUNTINGTON BEACH, a a Ca 7omia corporation municipal corporation of the State of California By. print name ITS: (circle one)Chairman/Presiden ice President Mayor AND BY: A"16, City Clerk LE print name APPROVED AS TO FORM: ITS: (circle one)Secretary/Chief Financial Officer �ss;t' ' IGr Secret -Treasurer ,1 City Attompf INITIATED AND APPROVED: Di ector of Planning 06ord/.holly amend 3 Legal Description Lot 104 of Tract No. 16490 in the City of Huntington Beach,County of Orange,State of California, as shown on a map filed in book 859 pages 1-7 of miscellaneous maps in the office of the County Recorder of said county. And Parcel E of Certification of Compliance No.96-4 recorded February 28, 1996 as Instrument no. 19960095325 in the office of the County Recorder of the County of Orange, State of California. Sketch to Accompany Legal Description I J I N I � i d- 1\ � N _ O 4 x it ca O o CV O o O � �� �O O� *� o �t �r o��o QQ` � Z �0 d p rr a �, O vui Q n �, - tk� - 5 bt- c14 cv '- 000 _ r O OQ z CN rn+ _ L o it O ' LnLn w O _ C fV CO O c0 0 'ot o O Ln G Z O :v Z --o if _O 2 3 ca 00 o - L M O W fV O n 0 . O LY E O z S °42'S "E N 7 .06' GARFIELD AVENUE P.o.s., SW. COR., SE 1/4, sw 1/4. SEC 35 PER TR. 14662, M.M. 724/16-21. Hunsaker & Associates LEGAL DESCRIPTION Irvine, Inc. Three NugAex /urine. CA WIS •(714)58J-10/0 CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE STATE OF CALIFORNIA Pianning • Engineering . Surveying °"V- 1-215-96 o:re NONE e�K.Fitzgerald e' H. Foss SCALE 1"_150' W.O. 1438-3 K- CDTv438\3\CALC\LO\zOOO\EXHSTB.DWG w 1078-1 H&A LEGAL No. 4000 8 dt' '4'p8Ct9' •� \gi y � a�mh 46� All , /Ay, a 4 r -i —1 Vol. as pgg m Z ° vA°• aJ'o rn L� 1.41 37. m av 14 40. S37 �'°e, •e. °.ey. �i /g�'P S Z C O I y h ffi ffiL1 a uaoR g �l1 $ L'a ffi $ yL1a ,m �.eo % 11e t PP �ee'i ay, V A h f) \•!A 11M r'G L1A NI p'" nL142 tt r L156 fa' t�r1152 r 044 id �(•fp.� �t � \G � 41A0'_ 0T � Caa � \ o O � a" Y 6 ffi�` 8°o e�0 — - ~ N 670N 160AT N 4N54'61•N took +�19i• 'o O• ?Oe >/> .^ O O �tL,w1� 1 L \qt, • �� •.• e' 'lu r ,l N WW40'_ 179 N W C93 N 4SO46Y N too 97 ¢ ^+ 4 1 9;'late d" �4 O k' v so AINW DRNEORNE 9i" �, tr • • f�'�J'� d� b N 6TON40'N <PRNATE STRMT>C $ s N�5/ 1•N 0 5 '\0� ��E e m P'\,�la ♦ �q 4 * � K� w.an• ases : 9i' � � • �e3 dL � s4 ,� � �'�, m r (� n r k .? N6>#ON4o N 90.94' `^^ 3 + 9p \ O sq�j d fd �\ 4i Of ( VA F L207 /..Y `I�fp' f fl/ frt 4"�ndt' •f4 fn �i # Li9t 47- 30. � 3iY'1'be5 SO\� ^$/ f�/// " • �..� • ly= I L49 �L°' ODt1 4 �\`•. , ,°' G` °q� ''� " �..hLo` N 43I1t•w 61.)8 K. \•�� Q3 t�s Y.. $ SEE SHEET 3 I^ (I SEE SHEET 6 ED 2006 MAY, -3 PM 2 fly - T�T�-c r oRa��.q-yJcE w�4s r�oT r?�'74�o v S�s�ob,) �, § � 6 VC-Z jnbiie-/A) Council/Agency Meeting Held: 6,1,:rJ06 Deferred/Continuedto:&nP/-&-,L 6k24-( ' ) Approved L3 Conditionally Approved Q Denied C' lerk's(Signaye Council Meeting Date: 5/15/2006 Deparfm,-Vn 'n Number: PL06-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CJTY COUNCIL MEMBERS C-Lb�C�-A SUBMITTED BY: PEN�&PELBRETH-GRAFT, ICITY ADMINISTF9kTOR PREPARED BY: HOWARD ZELEFSKY, PLANNING DIRECTOR �—/I� .SUBJECT: Approve Holly Seacliff Development Agreement Interim Extension Request Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: 00eb. q/0. J On December 5, 2005 the City Council considered a request by Mansion Properties, Inc., a subsidiary of Chevron, to extend the term of the Holly Seacliff Development Agreement (DA) for an interim six month period to June 5, 2006. The extension would only apply to the 11.8 acre property located at the northeast corner of Garfield Avenue and Gothard Street that is owned by Mansion Properties, Inc. (MPI). The City Council directed staff to prepare the interim extension agreement for the purpose of evaluating a longer term extension. Although progress has been made with respect to the City's and MPI's understanding of the site, MPI has requested that the City consider the interim extension for an additional six months until December 5, 2006. Staff recommends the City Council approve this request so that MPI and the City can complete the evaluation of the relative merits of extending the DA for a longer period. Funding Source: Not applicable Recommended Action: Motion to: 1. "Approve the First Amendment to Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners by adopting Ordinance No.;3 6 (Attachment No. 1) with findings for approval (Attachment No. 2); and 2. Approve and authorize the Mayor and City Clerk to execute the First Amendment to Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners (Attachment No. 3)." 'D / REQUEST FOR ACTION MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:PL06-09 Alternative Action: The City Council may make the following alternative motion: "Deny the First Amendment to Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners." Analysis: On December 5, 2005 the City Council approved a request by Mansion Properties, Inc., a subsidiary of Chevron, to extend the term of the Holly Seacliff Development Agreement for an interim six month period to June 5, 2006. Since December, City staff and MPI representatives have met to discuss the property and the DA. However, it was not until March 30t" that MPI was able to submit a summary of critical environmental information to the City Fire Department for review, and a conceptual site closure strategy will not be submitted until early May. In order to allow sufficient time for the City to analyze this information and provide feedback to MPI on the viability of the site for development, MPI has requested that the City consider a longer interim extension period, which would end December 5, 2006. Staff believes that review of the data and discussion regarding the benefits of approving the DA for a longer period can be concluded within this timeframe and recommends the City Council approve this request. Environmental Status: The proposed request is exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3). Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No. 13:7--310 2. Findings for Approval 3. First Amendment to Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners 4. Letter dated April 13, 2006 from Mansion Properties, Inc. 5. Powerpoint Presentation G:\RCAs\2006\PL06-09 HS DA Exta.doc -2- 4/26/2006 8:19 AM ATTACHMENT 1 i ORDINANCE NO. 3736 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD'PARTNERS WHEREAS, the City Council of the City of Huntington Beach does hereby find, determine and ordain as follows: SECTION 1. The Development Agreement By and Between The City Of Huntington Beach and Pacific Coast Homes and Garfield Partners is hereby amended as set forth in Exhibit «A„ SECTION 2. This ordinance shall take effect thirty(30) days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of June , 2006. Mayor ATTEST: APPROVED AS TO FORM: C Clerk ty Attorney REVIEWED AND APPROVED: INITIA ED AND APPROVED: ity Ad inistrator Dir ctor of Planning q. z q• o b Exhibit A First Amendment to Development Agreement By And Between The City of Huntington Beach And Pacific Coast Homes And Garfield Partners 06ord/.holly amend 1 SEE ATTACHMENT 3 TO THIS RCA EXHIBIT A Ord. No. 3736 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of June,2006,and was again read to said City Council at a regular meeting thereof held on the 19th day of June,2006, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Green, Sullivan, Hardy,Hansen, Cook NOES: None ABSENT: Coerper 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 June 29,2006. In accordance with the City Charter of said City Joan L. Flynn,City Clerk Ci Clerk and ex-officio derk Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT 2 FINDINGS FOR APPROVAL—FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90-1: 1. The amendment to the development agreement is consistent with the General Plan and with any Specific Plan. The extension of the development agreement for an interim period does not modify any general plan policies or Specific Plan standards. 2. The amendment to the development agreement is consistent with all provisions of this ordinance,the Municipal Code, and the State Subdivision Map Act. 3. The amendment to the development agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property. The amendment does not negate any existing rules, regulations or development standards currently in affect with respect to the property. 4. There is no fiscal effect of the amendment of the development agreement for an interim period on the City in that no development agreement terms, other than time period, have been modified. ATTACHMENT NO. 2 SUGGESTED FINDINGS FOR APPROVAL—FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90-1: 1. The amendment to the development agreement is consistent with the General Plan and with any Specific Plan. The extension of the development agreement for an interim period does not modify any general plan policies or Specific Plan standards. 2. The amendment to the development agreement is consistent with all provisions of this ordinance, the Municipal Code, and the State Subdivision Map Act. 3. The amendment to the development agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of property. The amendment does not negate any existing rules,regulations or development standards currently in affect with respect to the property. 4. There is no fiscal effect of the amendment of the development agreement for an interim period on the City in that no development agreement terms, other than time period, have been modified. ATTACHMENT 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention City Clerk Exempt From Recording Fees Pursuant to Govt.Code§27383 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into on , 2006 ("Execution Date") by and between the CITY OF HUNTINGTON BEACH,a municipal corporation ("City")and MANSION PROPERTIES,INC., a California corporation ("Owner"). The effective date of this Amendment shall be December 5, 2005. RECITALS A. Pacific Coast Homes, Garfield Partners and City entered into that certain Development Agreement adopted by Ordinance No. 3080 on November 5, 1990, having an effective dated of December 5, 1990, which was recorded on November 14, 1990 in the Official Records of Orange County as Document No. 90-599766 (the "Development Agreement') affecting that portion of the Property, as that term is defined in the Development Agreement, described in Exhibit "A", attached hereto and a part hereof(the "Mansion Property"). B. Owner is the current owner of record of the Mansion Property- C. The term of the Development Agreement will expire on December 5,2005 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Owner or its successors or assigns. D. The City and Owner now wish to amend the Development Agreement as it relates to the Mansion Property by extending the term as set forth herein. NOW THEREFORE, in accordance with Government Code Section 65868 and Section 4.12 of the Development Agreement, the City and Owner agree as follows: Section 1. Extension of the Term,Limitation of Rights. The term of the Development Agreement as it relates to the Mansion Property is hereby extended until , 2006 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Mansion or its successors or assigns. During the term of this extension, Mansion shall not process 06ord/.holly amend 2 any Development Approvals. As used herein "Development Approvals" shall have the meaning set forth in the Development Agreement. Section 2. Vested Right. - Subject to Section 1 above, Mansion shall continue to have the vested rights to complete the Development on the Mansion Property in accordance with the Development Agreement. As used herein, the term "Development" shall have the same meaning set forth in the Development Agreement. Section 3. Miscellaneous. (a) Continuing Effect. Except as expressly modified by this Amendment, all other terms, obligations, conditions and restrictions set forth in the Development Agreement shall remain unchanged and in full force and effect- (b) Counterparts. This Amendment may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original, but which together shall constitute one-and the same instrument. c) Binding Effect.. This Amendment shall be binding on the parties hereto and affect the Mansion Property. IN WITNESS WHEREOF, this Amendment is executed by the City and Mansion as of the Execution Date. MANSION PROPERTIES, INC., CITY OF HUNTINGTON BEACH, a a California corporation municipal corporation of the State of I California By: M _ j print name ITS:(circle one)Chairman/Presiden ice President Mayor AND By: City Clerk Lf, l print name APPROVED AS TO FORM: ITS:(circle one)Secretary/Chief Financial Officer Uss Secre -Treasurer lv/ City Attorn 4wou INITIATED AND APPROVED: D2 ector of Planning f7dfC 06ordt-hotly amend 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �` LDSTt'� ss. D/L /lt On A046 before me, [� W �`�- Date 1_ ,.�// Na a and Title of Officer(e.g.,"Jane Doe,Notary ublicP ) personally appeared r �.CJ/'I /rI,O/f 0-4 Na=ersonally known to me ❑ proved to me on the basis of satisfactory C.N.Momievidence CO.vi Ob.#161�61Q i Notary R&AC -CaYtdnb to be the person(s) whose name(s) is/are Contra Costa County f subscribed to the within instrument and Bury Comm.Expires Nov 7,2009 acknowledged to me that he/she/they executed the same in his/her/their authorized I. capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or i the entity upon behalf of which the person(s) acted, executed the instrument. i WITNESS m hand a d ofycial seal. I i ign u e of Lary Public I I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent I fraudulent removal and reattachment of this form to another document. Description of Attached Document n Title or Type of Document: Document Date: Number of Pages: .Z �i Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer I Signer's Name: y�j�f r7 S ❑ Indl al Top of thumb here i' Corporate Officer—Title(s): /C,P_ ❑ Partner-0 Limited []General ❑ Attorney-in-Fact ❑ Trustee l" ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: ( C 1999 National Notary Association•9350 De Soto Ave-,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Y �fII � Count of 4 S 74 ss. On Aor.,I C.,13 before me, fir) �t� �� e , Date�/ Name and i e of Office (e.g.,"Jane Doe,Notary—Public') personally appeared 4&0n ✓s A l Na=ofSis) Ig lly known to me � ❑ proved to me on the basis of satisfactory�C.K evidence cams 1pn 1161aw Nafoty NV1c-carom" to be the person(s) whose name(s) is/are Caft Loft Canty subscribed to the within instrument and (' NNCarttrh ExpMRs f,- acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) ( acted, executed the instrument. WITNESS m hand d offic' I seal. �jL.- FV- yA nature o o ry ublic I . OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document i Title or Type of Document: I Document Date: Number of Pages: Z Signer(s)Other Than Named Above: ) Capacity(ies) Claimed by Signer / K Signer's Name: !A NOW 1i EIWividual Top of thumb here i' Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact i ❑ Trustee i. ❑ Guardian or Conservator i C ❑ Other: i Signer Is Representing: I� 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT A Legal Description Lot 104 of Tract No. 16490 in the City of Huntington Beach,County of Orange,State of Cattfornia, as shown on a map filed.in book 859 pages 1-7 of miscellaneous maps in the office of the County Recorder of said county. And Parcel E of Certification of Compliance No.96-4 recorded February 28,1996 as instrument no. 19960095325 in the office of the County Recorder of the County of Orange,State of California. Sketch to Accompany Legal Description � I I J i _ � 3 - �O O t �Q c It _O c o o ;; C) v' Z •� v a�� � o � o tz,nQ ��°;. Q o 4 ,Pp �`0 o� �i b,- ; 761.00 w J R=� rn p : C-4 ' m 0 00 z v Cv tom• It F - Ln O CD Z o ^7 O O10 s N z oN tt O 00 z -. - -- cp iz o w cn - - o 0 0 LY E z S °42'S "E" > 7 .06. GARFIEL.D AVENUE � r.0.8., SW. COR., SE 1/4, SW 1/4, SEC 35 PE'R TR. 14662, M.M. 724/16-21. Hunsaker & Associates Irvine, Inc. LEGAL DESCRIPTION TA-0 ffugAex Irvine- CA MIS •(714)503-1010 CITY OF HUpMNGTON BEACH•COUNTY OF ORANGE STATE OF CALIFORNIA Planting • Engineering. Surveying CK 1-26-96 REV. NONE a`K-Fitzgerald s 4 H. Foss SCALE r:w- W.O. 1438-3 K-\OT\,u38\3\CALC\LO\a000\£7oeT8.OWC, " 1078-1 H&A LEGAL Na 4000 �J a rn • -yic ` ! mz °° to• 14 .s7, Or C m O ILIA t: B -• s l �e er"� IF Ile Et4Iz ua A 'uta S'$G uw a 1 44a ^v `�O�`j'°ee % ��r',� to 5 OR ..� �. s e 4i gay, G P ^412 C 4106 ffi y �4m02 C, E �"i C� A. �C 41.M' {I C 1 0 C y���999'"'S,/•! ePe$. e,� Fi D°♦ ro t q$ <! YO a S tOE N 6rw4d IF t/CST tl - N 46431' b �►4r � Cat N 4M.Or w 10OAr.4 17alw ,3 C r/ ties AINSLEY DRIVE g as " e ' �d`, nPo �'+ " _y C Itar0e'4J w <PRNATE STREET> R �s N 4a,'�I a al atr 4t7 M •w' �[0 e40 (I se a:t \ oPPG� c4� m 4� \\\ S m . .� n �e\ e .M `3 \ i9 �y C a yysee �EE .�,t oe°sPi \�✓ �" ♦ \�„/ �fQ' ��L� [[ �PJt "� �a it I N 7'�' 1 AJ °4 O14 q Y 4 ♦ " v M7 � �� [ [[! <Et ei��n'e�j, ,.� r'�--' m• �I� � � ^�q�CV' `° s ��\\� <tit� ��i e \ ���:R \ 30a0' l CA SEE SHEET 5 I SEE SHEET 6 ATTACHMENT 4 Chevron Jim Pugliese Mansion Properties,Inc. Project Manager 145 S.State College Blvd., 4th Floor Brea, CA 92821 Tel 714-4-671-3571-3529 Fax 714-671-3446 japu@chevron.com April 13, 2006 City of Huntington Beach APR 14 2006 Mary Beth Broeren Principle Planner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mary Beth, Mansion Properties Inc. ("MPI")has been actively working on submissions to the Fire Department("HBFD") for their review in order to determine whether the HBFD can support our conceptual environmental closure strategy for the Cove property. The first submission, a detailed summary of environmental activities over the last 15 years, was sent to HBFD on March 30, 2006. The second submission, a conceptual site closure strategy, is expected to be submitted the week of April 10, 2006. MPI is concerned the HBFD may not establish a position within the current interim extension relative to the merits of our proposal in time to finish negotiations for a long term Development Agreement extension. MPI therefore respectfully requests a second interim extension of six months from the end of the current extension to provide both the City and MPI sufficient time to consider the viability of our project with due recognition of the environmental condition of the property. Thank you for your consideration of this matter. JJes cc: Brian Shally,Esq. ATTACHMENT 5 Holly Seacliff Development Agreement Interim Extension Pp' REQUEST ❖Extend the Holly Seacliff Development Agreement for an 11 .8 acre property until December 5, 2006. ❖Property is owned by Mansion Properties, Inc. and located at northeast corner of Garfield Ave. and Gothard St. B ackground ❖December 5 , 2005 City Council approved six-month extension of DA for property to June 5 , 2006 ❖ Site is contaminated and requires evaluation of development potential :•Property owner desires to preserve rights of DA until development potential ascertained Analysis ❖ Staff met with Mansion Properties, Inc. in early February to discuss the site and DA extension ❖ In March and May Mansion Properties, Inc. submitted information to the Fire Department regarding the site ❖Additional time is needed to evaluate the information and complete discussions regarding the DA Recommendation ❖The Property owner and City have made progress in evaluating the mutual benefits of a longer term extension; however, more time is required. ❖Approve the First Amendment to the Holly Seacliff Development Agreement extending the DA to December 5, 2006. RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Holly Seacliff Development Agreement Interim Extension Request COUNCIL MEETING DATE: May 15, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not A licable Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ❑ ( pP Y Y Y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Staff Report If applicable) Attached ❑ p ( pp ) Not Applicable Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not A plicable s/Conditions for Approval and/or Denial Attached Find ings/Cond ❑ g pp Not A licable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator Initial ( ) ( R.1 ) City Administrator (Initial) ( ) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below • . For Only) RCA Author: PE:HZ:SH:MBB NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 15, 2006, 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. HOLLY SEACLIFF DEVELOPMENT AGREEMENT INTERIM EXTENSION Applicant: Mansion Properties, Inc., 145 S. State College Blvd., 4 flr., Brea, CA 92821 Request: Extend the Holly Seacliff Development agreement for an interim period ending December 5, 2006, for the subject property. Location: Approximately 11.8 acres located at the northeast corner of Garfield Avenue and Gothard Street. Project Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) May 11, 2006. 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 Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:CCLGFRM2a) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, May 15, 2006, 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. HOLLY SEACLIFF DEVELOPMENT AGREEMENT INTERIM EXTENSION Applicant: Mansion,Properties, Inc., 145 S. State College Blvd., 4 flr., Brea, CA 92821 Request: Extend the Holly Seacliff Development agreement for an interim period ending December 5, 2006, for the subject property. Location: Approximately 11.8 acres located at the northeast corner of Garfield Avenue and Gothard Street. Project Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on (Thursday before meeting) May 11, 2006. 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 Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:lega1s:CCLGFRM2a) BLIC HEARING NOTIFICATION CfiEC� 9 MR-FRY�� MAILING LABELS—November 29,2005 G: Ls\Labels\P7ub i California astal Commission 25 Jon M.Archi d 32 Sally Graham 39 Theresa He Westminster hool District Meadowlark Area South Coast ea Office 14121 Cedarw od Avenue 5161 Gelding Cir e 200 Ocean e,l0th Floor Westminster 92683 Huntington Beac CA 92649 Long Beach, A 92802-4302 California astal Commission 25 Stephen Ritter 33 Cheryle Brownin 39 South Coast a Office HB Union High School Disrict Meadowlark Area 200 Oceanga e,10th Floor 10251 Yorktown Avenue 16771 Roosevelt ane Long Beach, A 92802-4302 Huntington Beach,CA 92646 Huntington Bead i,CA 92649 Robert Josep 26 CSA, Inc. 34 Hearthside Hom s 40 Caltrans Disb ict 12 Marshall Krupp,President 6 Executive Circ ,Suite 250 3337 Michels n Drive,Suite 380 204 Nata Irvine,CA 92614 Irvine,CA 92 612-1699 Newport Beach,CA 92660 Director 27 Goldenwest G ege 35 Bolsa Chica Land Trust 41 Local Solid aste Enf.Agy. Attn: Fred Ow ns 5200 Warner Aveue,Ste. 108 O.C.Health are Agency 15744 Goldenv est St Huntington BeaCl L,CA 92649 P.O.Box 355 Huntington Be ch CA 92647 Santa Ana,Cj 92702 New Growth oordinator 28 OC County H bors,Beach 36 Bolsa Chica Land rust 41 Huntington B ach Post Office and Parks D- t Evan Henry,Pres ent 6771 Warner We. P. O.Box 4048 1812 Port Tiffin ace Huntington ach,CA 92647 Santa Ana,CA 2702-4048 Newport Beach, 92660 Marc Ecker 29 Huntington Be h Mall 37 Steve Homer,Chairperson 42 Fountain Vall y Elem_School Dist Attn: Pat Roge -Laude SEHBNA 17210 Oak S eet 7777 Edinger A e.#300 P_O. Box 5696 Fountain Vall y CA 92708 Huntington Bea h CA 92647 Huntington Beach CA 92615 Dr. Gary Rutherford,Super. 30 Country View Estates HOA 38 OC Sanitation Dis 'ct 42 HB City Elementary School Dist. Carrie Thomas 10844 Ellis Avenu 20451 Craimer Lane 6642 Trotter Drive Fountain Valley 92708 Huntington Beach,CA 92648 Huntington Beach CA 92648 David Perry 30 Country View Estates HOA 38 Eric Pendegraft,PI int Manager 42 HB City Elementary School Dist. Gerald Chapman AES Huntington B ach,LLC 20451 Craimer Lane 6742 Shire Circle 21730 Newland S et Huntington Beach,CA 92648 Huntington Beach CA 92648 Huntington Beach A 92646 Richard Loy 42 Huntington BeL206 ftball* 47 AYSO Region 56 47 9062 Kahului Drive Mike Erickson Commissioner Ca y White Huntington ach CA 92646 P.O. Box 3943 22041 Catalina Ci le Huntington Be05-3943 Huntington Beac CA 92646 John Ely 42 ! ' AYSO Region 47 AYSO Region 5 47 22102 Rockp Lane John Almanza Commissioner D ane Hurtado Huntington B ach CA 92646 9468 Cormoran1 P.O. Box 1852 Fountain Vall Huntington Beach,CA 92647 Win WMV5 oil Ws%W hae M Wfte ®RA +A 3960TA1° ui�is�ga�e�ee r� =l�v .lZ�,. �� �� p►VER1f President 1 Huntington Harb r POA 10 Sue Johnson 16 H.B.Chamber of Commerce P.O.Box 791 19671 Quiet Bay Lane 19891 Beach Blvd_,Ste. 140 Sunset Beach,C 90742 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Dave Stefanides 2 William D.Holman 11 Edna Littlebuja 17 Orange County Assoc.of Realtors PLC Gldn St MobOwners Leag. 25552 La Paz oad 19 Corporate Plaza Drive 11021 Magnovd Laguna Hills, 92653 Newport Beach CA 92660-7912 Garden Grov 92642 President 3 Jeffrey M.Oderman 12 Pacific Coastaeological 18 Amigos De B I a Chica RUTAN&TUCKER,LLP Society,Inc. 16531 Bolsa C ca Street,Suite 312 611 Anton Blvd.,141h Floor P.O.Box 1092 Huntington Bea h,CA 92649 Costa Mesa CA 92626-1950 Costa Mesa,CA 92627 Attn:Jane Go old Sunset Beach unity Assoc. 4 Pres.,H.B.Hist. ciety 13 Director 19 Pat Thies,Presi nt C/O Newland use Museum O.C.Ping&I ev.Services Dept. PO Box 215 19820 Beach Blv P.O.Box 404 Sunset Beach,C 90742-0215 Huntington Bea ,CA 92648 Santa Ana,CA 92702-4048 President 5 Community S rvices Dept. 14 Vicky Wilson 19 Huntington Beach Tomorrow Chairperson O.C. Public F ilities&Res. Dept. PO Box 865 Historical Reso es Bd. P_O.Box 404 Huntington Beach,CA 92648 Santa Ana,CA 2702-4848 Julie Vanderm st 6 Council on g 15 Planning Direc r 20 BIA-OC 1706 Orange A e. City of Costa sa 17744 Sky Par Circle,#170 Huntington Be ch,CA 92648 P.O.Box 1200 Irvine CA 926 4-4441 Costa Mesa,CA 92628-1200 Richard Spice 7 Jeff Metzel 16 Planning Direct 21 SCAG Seacliff HOA City of Fountain alley 818 West 7th, 2th Floor 19391 Shady Harbor Circle 10200 Slater Ave Los Angeles,C 90017 Huntington Beach,CA 92648 Fountain Valley, 92708 E.T.I.Corral 1 0 8 John Roe 16 Planning Director 22 Mary Bell Seacliff HOA City of Newport each 20292 Eastw d Cir. 19382 Surfdale Lane P.O. Box 1768 Huntington ach,CA 92646 Huntington Beach,CA 92648 Newport Beach, A 92663-8915 Ray Hiems 9 Lou Mannone 16 Planning Directo 23 Environme Board Chairman Seacliff HOA City of Westmin r 214 191h Stti et#5 19821 Ocean Bluff Circle 8200 Westminst r Blvd. Huntington Beach,CA 92648 Huntington Beach CA 92648 Westminster,C 92683 rPlanning Dfector 24 Mary Lou Be an 31 HB Hampton HOA 38 City of Seal*Beach Ocean View lementary School District Progressive Community Mgmt. 211 Eight St. 17200 Pinehu t Lane 27405 Puerta Real,#300 Seal Beach,CA 90740 Huntington B ch CA 92647 Mission Viego,CA 92691 W 09� l 9!p1Q� >rMOM apidej e6ey��Aapi� Impression antibourrage et a sechage rapide www.avery.com AVERY®5960- Utilisez le gabarit 5960mc 1400-GO-AVERY V Owner/Occupant 7464 Upper Bay Drive Huntington Beach, CA 92648 m iwcli� �e Vilr 1�-15 5. 51- - � �t✓d., ti 4^-qr• �fe�. , � a1Z5S21 Aa3AV-09-008-1, wi096S 31VIdW31 @AjaAv asn wi096S®Jla3Ad o wog iGane annnnn 6uquud ml 96pnw5 pue wer Impression antibourrage eta s6chage rapide www.avery.com o AVERY®5960- Utilisez le gabarit 5960- 1-800-GO-AVERY Owner/Occupant Owner/Occupant Owner/Occupant 7416 Upper Bay Drive 7418 Upper Bay Drive 7419 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7421 Upper Bay Drive 7422 Upper Bay Drive 7423 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7424 Upper Bay Drive 7425 Upper Bay Drive 7426 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7427 Upper Bay Drive 7428 Upper Bay Drive 7431 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7432 Upper Bay Drive 7433 Upper Bay Drive 7434 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7435 Upper Bay Drive 7436 Upper Bay Drive 7437 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7438 Upper Bay Drive 7442 Upper Bay Drive 7444 Upper Bay Drive Huntington Beach,CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7448 Upper Bay Drive 7450 Upper Bay Drive 7452 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7456 Upper Bay Drive 7458 Upper Bay Drive 7462 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Aa3AV-09-008-6 wi096S 31V1dW31 QAjaAv asn vu096S®AM3At/ Q wm tiam-Aftmm 6upupd ewj a6pnw5 pue wed Impression antibourrage et a s&lage rapide www.avery.com a AVERY®5960- Utilisez le gabarit 5960- 1-800-GO-AVERY Owner/Occupant Owner/Occupant Owner/Occupant 7465 Shelter Cove Circle 7469 Shelter Cove Circle 7407 Pinnacle Circle Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7408 Pinnacle Circle 7410 Pinnacle Circle 7411 Pinnacle Circle Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7414 Pinnacle Circle 7415 Pinnacle Circle 7418 Pinnacle Circle Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7419 Pinnacle Circle 7421 Pinnacle Circle 7422 Pinnacle Circle Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7425 Pinnacle Circle 7428 Pinnacle Circle 7429 Pinnacle Circle Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7431 Pinnacle Circle 7432 Pinnacle Circle 7432 Prospect Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7436 Prospect Drive 7440 Prospect Drive 7444 Prospect Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7404 Upper Bay Drive 7402 Upper Bay Drive 7406 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7408 Upper Bay Drive 7412 Upper Bay Drive 7414 Upper Bay Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AH3AV-09-008-L YOM 31V1dW31 @kaAv esn wa0965®AM3Ad o wortianrnsnnnn a 6upuud ewj 96pnwS pue wer Impression antibourrage et a sechage rapide www.avery.com o AVERY®596o- Utilisez le gabarit 5960- 1-800-GO-AVERY Owner/Occupant Owner/Occupant Owner/Occupant 18920 Breezy Lane 18923 Breezy Lane 18927 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18928 Breezy Lane 18911 Breezy Lane 18924 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18928 Breezy Lane 18931 Breezy Lane 18935 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18939 Breezy Lane 18943 Breezy Lane 18930 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18947 Breezy Lane 18951 Breezy Lane 18955 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18959 Breezy Lane 18961 Breezy Lane 18965 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18969 Breezy Lane 18971 Breezy Lane 18975 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18979 Breezy Lane 18983 Breezy Lane 18987 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7453 Shelter Cove Circle 7457 Shelter Cove Circle 7461 Shelter Cove Circle Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 A213AV-09-008-1. wi096S 31V1dW31 WAJaAV ash vu096S @AHBAV o wow AieAr mm 6upupd ewj 96pnwS pue wer Impression antibourrage et a s6chage rapide www avery com Q AVERV®59w- Utilisez le gabarit 5960- 1-800-GO-AVERY Owner/Occupant Owner/Occupant Owner/Occupant 18925 Cool Water Lane 18928 Cool Water Lane 18929 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18930 Cool Water Lane 18933 Cool Water Lane 18934 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18937 Cool Water Lane 18938 Cool Water Lane 18942 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18946 Cool Water Lane 18861 Breezy Lane 18862 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18866 Breezy Lane 18865 Breezy Lane 18870 Breezy Lane Huntington Beach,CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18873 Breezy Lane 18891 Breezy Lane 18877 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington leach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18887 Breezy Lane 18891 Breezy Lane 18895 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18899 Breezy Lane 18900 Breezy Lane 18903 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18907 Breezy Lane 18915 Breezy Lane 18916 Breezy Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 y A113AV-09-009-L wjL0965 31d1dW31 many ash m0965 ®A"SAV IM woxAmArmmm 6upupd awl 96pnws pue wed Impression antibourrage et a sechage rapide www.averycom Utilisez le gabarit 5960mc 1-800-G0 AVERY AIRY®5960"� Owner/Occupant Owner/Occupant Owner/Occupant 18850 Cool Water Lane 18854 Cool Water Lane 18857 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18858 Cool Water Lane 18862 Cool Water Lane 18863 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18866 Cool Water Lane 18867 Cool Water Lane 18868 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18870 Cool Water Lane 18874 Cool Water Lane 18875 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18876 Cool Water Lane 18878 Cool Water Lane 18882 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18886 Cool Water Lane 18889 Cool Water Lane 18890 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18893 Cool Water Lane 18897 Cool Water Lane 18908 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18904 Cool Water Lane 18911 Cool Water Lane 18912 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18916 Cool Water Lane 18920 Cool Water Lane 18924 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648/-5 /0 A113AV-09-008-1 —0965 31V1dW31 @�GaAV asn wi0965®J1�13/�d wortiane mmm o 6upuud awl a6pnw5 pue wed ..r....�...........-...��..�7..-.-..�..r...-7.....�...... _. v.� ..��c�.wu /(pH VIE�tE�5960REC Utilisez le gabarit 5960- �' 1-800-GO-AVERY U r\ Owner/Occupant Owner/Occupant Owner/Occupant 7262 Ainsley Drive 7266 Ainsley Drive 7270 Ainsley Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach; CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7274 Ainsley Drive 7277 Ainsley Drive 7278 Ainsley Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7280 Ainsley Drive 7284 Ainsley Drive 7286 Ainsley Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7290 Ainsley Drive 7292 Ainsley Drive 7294 Ainsley Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7298 Ainsley Drive 7312 Ainsley Drive 7316 Ainsley Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 7320 Ainsley Drive 18809 Cool Water Lane 18813 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18817 Cool Water Lane 18821 Cool Water Lane 18825 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18829 Cool Water Lane 18830 Cool Water Lane 18834 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18838 Cool Water Lane 18842 Cool Water Lane 18846 Cool Water Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 AMMV-09-008-L wi0965 31V1dW31 @AJaAV asn w10965® fib woriGaneannnnn 6utupd awj 96pnwg pue wer Impression antibourrage et a s66age rapide www.avery.com Utilisez le gabarit 5960- '�� 1-800-GO-AVERY AVERY®5960"� 159-281-01, 02, 05 159-281-03 159-492-04 Mountainview Properties John Thomas Seagate Community Assn. 18851 Stewart Street 18526 Derby Circle 19600 Fairchild, Suite 150 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Irvine, CA 92612 Owner/Occupant Owner/Occupant Owner/Occupant 18781 Sinclair Lane 18785 Sinclair Lane 18789 Sinclair Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18793 Sinclair Lane 18797 Sinclair Lane 18805 Sinclair Lane Huntington Beach, CA 92648 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18786 Sinclair Lane 18790 Sinclair Lane 18793 Roxbury Lane Huntington.Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18797 Roxbury Lane 18805 Roxbury Lane 18801 Roxbury Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18806 Roxbury Lane 18810 Roxbury Lane 18814 Roxbury Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18818 Roxbury Lane 18822 Roxbury Lane 18826 Roxbury Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18812 Desmond Lane 18816 Desmond Lane 18820 Desmond Lane Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach,CA 92648 Owner/Occupant Owner/Occupant Owner/Occupant 18824 Desmond Lane 18827 Desmond Lane 7258 Ainsley Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 l AH3AV-09-008-1 —096S 31H7dW31 @kaAv asn wa096S GAMBAV © wog tiane nnn�nn 6upuud aay a6pnwS pue we f Jam and Smudge Free Printing www.avery.com Use Avery®TEMPLATE 5960— 1-800-GO-VERY Q AVERY®5960TM 111-074-02 111-110-14 111-110-15 Mansion Properties Inc. Christopher Taylor Jerry Galich P.O. Box 1392 1840 Pine Street 939 loth Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 111-110-18 111-110-19 111-110-20 Robert Mandic Thomas Greer Michael Ramsey 16242 Tisbury Circle 17961 Fernpoint Circle 18811 Gothard Street Huntington Beach, CA 92649 Huntington Beach, CA 92647 Huntington Beach, CA 92648 111-110-21, 22 111-110-36 111-110-37 Karen Pedersen Joanne Ahmadi Vijay Deshmukh 17195 Newhope Street#110 6052 Eaglecrest Drive 6800 E. Georgetown Circle Fountain Valley, CA 92708 Huntington Beach, CA 92648 Anaheim, CA 92807 111-110-38 111-140-02, 36, 37 111-140-04 Prentiss Custer Donald Weir John Thomas 17342 Whetmore Lane 401 20th Street Apt. A 6741 Pimlico Circle Huntington Beach, CA 92647 Huntington Beach,CA 92648 Huntington Beach, CA 92648 111-140-27 111-140-38 111-150-03 Gary Everroad John Thomas Chauk Chin 9937 Currant Avenue 18851 Stewart Street 6888 Lincoln Avenue, Suite A Fountain Valley, CA 92708 Huntington Beach, CA 92648 Buena Park, CA 90620 111-150-04 111-150-05 111-150-06 Sang Kim Clinton Silverman Charles Cruzat 6602 Beachview Drive 8272 Le Conte Drive 4949 Warner Avenue Huntington Beach, CA 92648 Huntington Beach, CA 92646 Huntington beach, CA 92649 111-150-46 111-150-47 111-150-48 Gary Kantor Young Men's Christian Assn. Edward Wick 1750 E. Desert Inn, Suite 200 13281 Gothard Street#203 8472 Dallas Circle Las Vegas,NV 89109 Huntington Beach, CA 92648 Huntington Beach, CA 92646 111-150-51 111-411-22 111-411-23 Gergen Homes Inc. Joseph Howard Ricardo Vallejo 211 Main Street#B 7256 Rockridge Drive .7266 Rockridge Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 111-411-24 . 111-411-25 111-411-67 Robert Rothacker Brian Coyne Seagate Community Assoc. 18780 Fairfax Lane 18776 Fairfax Lane 23 Corporate Plaza Drive, Suite 250 Huntington Beach,CA 92648 Huntington Beach, CA 92648 Newport Beach, CA 92660 �w0965® ��/ Aa3Ad-0"08-L �■ .0965 tuege6 ai zesnan wow bane mmm apidea 96e4:)as a 19 a6eainogque uoissimdwl PROOF OF PUBLICATION NOTICE OF PUBUC HEARING BEFORE THE CITY COUNCK OF THE CRY OF HUNTINGTON BEACH STATE OF CALIFORNIA) NOTICE IS HEREBY' GIVEN that on Monday,I �+ May 15, 2006, at 6:00, ss. P.M. in the City Council! Chambers, ,2000 Main, COUNTY OF ORANGE ) Street, Huntington! Beach, the City Council! will hold a public hear-l ing on the following; I am a Citizen of the United States and a planning and zoning items: I ❑ 1' HOLLY SEAC-1 resident of the County aforesaid; I am LIFF AGR DEVELOPMENT AGREEMENT INTERIM over the age of eighteen years and not a EXTENSION Applicant, - , Mansion Properties, 145 party to or interested in the-below entitled lege lge Bllvdvd S. State e S. 4th fir.,Br Col- ea,, CA 92821 Request: Ex- matter. I am a principal clerk of the tend the Holly Seacliff HUNTINGTON BEACH INDEPENDENT, Development agreement for an interim period ending December 5, a newspaper of general circulation, pro6, for the subject property. Location: Ap- proximately 11.8 acres printed and published in the City of located at the northeast Huntington Beach, County of Orange, corner of Garfield Ave- ' nue and Gothard Streeti State of California, and that attached Pra�ect Planner: Mary Be Br Plan Notice Is a true and complete copy as VEN th IS HEREBY NOTGIVEN that.Item'No. 1 is categorically exempt the was printed and published in the them California"isions Envi on# ulit Act. Huntington Beach issue of said mON FIenialLEaA copy of the proposed request is,on newspaper to wit the Issue(s) of: file in the City Clerk's Office, .2000 Main Street, Huntington Beach, California 92648, for inspection 'by the public., A copy of the- staff report will be MAY O4 ZO06 available to interested r parties at the City Clerk's Office on (Thursday before meet- ing)May 11,2006. ALL INTERESTED PER- SONS are invited to at- tend said hearing and express opinions or sub- mit evidence for-, or against'the application as outlined above.If you I declare, under penalty of perjury, that c I challenge the court,you the foregoing is true and correct. may n limited os to issues 'ing only those issues you or someone else raised at the public hearing described in this Executed on MAY O4>2006 notice, in written cor= respondence delivered to the City at, or,prior at Costa Mesa, California. to, the public hearing..lf there are any further questions please,call the Planning Department at 536-5271 and refer to the above items. Directl your written communi-I cations to the City Clerk Signature Joan L.Flynn,City Clerk l City of Huntington Beach 2000 Main Street, 2nd Floor, Huntington Beach; California 92648 (714)536-5227 Published Huntington i:Beach Independent May 4,2006 051-241; PROOF OF PUBLICATION NOTICE OF PUBLIC HEAMNG BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS. HEREBY STATE OF CALIFORNIA) GIVEN that 0n Monday, May 15, 2006, at 6:00 p.m. in the City Council saS. Chambers, 2000 Main Street, Huntington COUNTY OF ORANGE ) Beach, the City Council will hold a public hear- ing on the following planning and zoning items: I am a Citizen of the United States and a E3 1. •HOLLY SEAC- LIF,F DEVELOPMENTi resident of the Countyaforesaid- I am AGREEMENT INTERIM a EXTENSION Applicant:I _ over the age of eighteen years, and not a Mansion_ Properties,, Inc., 145 S. State .Col- y�., " lege Blvd.,4th fir.,Brea, pa, the to or interested in e below entitled CA 92821 Request: Ex- tend the Holly Seacliff matter. I am a principal clerk of the Development agreement for an interim period HUNTINGTON BEACH INDEPENDENT, 2006ngforDece s subject a newspaper of general circulation, property.. Location: Ap- proximately 11.8 acres printed and published in the City of located f the northeast ' corner of Garfield Ave- nue and Gothard Street. Huntington Beach, County of Orange, Project Planner: Mary y� Beth Broeren State of California and that attached NOTICE IS HEREBY GIVEN that Item No. 1 Notice is a true and complete copy as is•categorically exempt from the provisions of the California Environ was printed and published in the mental Quality Act. Huntington Beach issue of said ON FILE:A copy of the proposed request is,on file,in the City Clerk's newspaper to wit the Issue(s) of: Office, Hun Main Street, Huntington Beach,California 92648, for inspection by the public. A copy of the staff report will be available to interested MAY 04�2006 parties at the City Clerk's Office on (Thursday before meet- ing)May 11,2006. ALL INTERESTED PER-' SONS are invited to at- tend. said hearing and express opinions or sub- mit 'evidence for or 'against the application as outlined above.If you challenge the City Coun- I declare, under penally of e u that c a action it court,you p ty P � ry, may be limited to rail-wing only those issues; � the foregoing is true and correct. you or someone else: raised at the _public; hearing described`in this, notice,or in written cor-' respondence delivered; aecuted on MAY 04,2006 to the City at, or prior] at Costa Mesa Califomia. th the public yfurthearink. Ifs There are any further' f questions please call the i Planning Department at 536-5271 and refer ,to i the above items..Direct! your written.communi-i cations to the City Clerk i -Joan L.Flynn,City Clerk Signature City of Huntington Beach 2000 Main Street, 2nd Floor" Huntington Beach, California 92648 (714)536-5227 Published Huntington Beach Independent May _4,2006__ ____051-241 /J LJ Lj k : r . R 3 0 R MEETING DATE: May 15, 2006 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Planning 4127106 Holly Seacliff Development Agreement Interim Extension TODAY'S DATE April 27, 2006 VERIFIED BY / ADMININSTRATION: APPROVED BY: P I Emery Deputy City Administrator 4/27/2006 3:31 PM CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST __-- SUBJECT: DEPARTMENT: MEETING DATE: ► J O CONTACT: PHONE: a N/A YES NO Is the notice attached? ( ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date,day and time of the public hearing correct? ( ) ( ) If an appeal,is the appellant's name included in the notice? ( ) ( ) If Coastal Development Permit,does the notice include appeal language? Is there an Environmental Status to be approved by Council? ( ) ( ) Is a map attached for publication? Is a larger ad required? Size ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? rtlo- 1 - ( ) ( ) Are the applicant's name and address part of the mailing labels? { ) ( ) Are the appecant's name and address part of the mailing labels? ( ) ( ) If Coastal Development Permit,is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit,are the Resident labels attached? ( ) ( ) Is the33343 report attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date I f� 2. Number of times to be published I 3. Number of days between publications � , Joan L. Flynn, City Clerk City of Huntington Beach 012116209932 Ck Office of the City Clerk -•1 - Uj P.O. Box 190 =�. . _ - »_'� .,.--.-ADDRESS 0 . 7 1 R I o - Huntington Beach, CA 92648 � ,� � 05/�r4/2�)0�: REQUESTED am &1�Uj Ma0ed From 92648 us POSTAGE LEGAL NOTICE - PUBLIC HEARING w I NGTp�,� 4iL O00 - �'y` •t Owner/Occupant CF fe" +•� ���Q '189.00 Breez: T untington E N X X x E 927 1 02 05-/10 t 06 RETURN TO SENDER NO SUCH NUMMER UNAeL,EE TO FORWARD �••� t tt } g �T,,� MC: 92640019090{ lf *:a 0'7+"J?•--t7].6sZS--t}£<--4a � i..'i�"�l.iit`•i!'��'i�'��3.'�1�+��piC97ii�4�'. �Il�llllllll��lla)ia��lll7��I1lIl����a fllllltl�l�llfl'7llll�l�� Joan L. Flynn, City Clerk City of Huntington Beach €12HI6209932 Office of the City Clerk Uj Uj Us P.O. Box 190 r.X-. _ r _ . _ _,, �1 Huntington Beach, CA 92648 SERME - CI) ` REQUESTED CL f Plsaased From 92648 US POSTAGE LEGAL NOTICE- PUBLIC HEARING d. ` o��pNTINGTpy� �a 'WNi04q,f0 �9 . —=' 111-140-27 Gary Everroad 9937 Curran` ^ ��GNTY gyp`` FountainVa' X 27 NO .a, C04 C as OS/t;�9/06 FORWARD TIME ECXP iRTN TO SEND EV ERROAD .BAN CL.EMFENTE CA 92S74-E3006 RETURN TO SENDER Join L. Flynn, City Clerk City of Huntington Beach W Office of the City Clerk _^ w 1 _ "_ _ _ - _ DDRESS P.O. Box 190SERME Huntington Beach, CA 92648 r { REQUESTED 'um m • l�aai us LEGAL NOTICE- PUBLIC HEARING ��VNTINGTpy 0' `MI'AR/ORgrfO`��wy 77 111-411-67 o - Q Seagate Community Assoc. y �Z 23 Cor..---+- C `fe r�1909.� �pppNTY Cp`�� Newpc NIXIE 927 1 RETURN TO SENDER NOT DE-:LYVERASLP AS ADORE UNAGLE TO FORWARD �»�:-�„_"Y--• •��••�,' i �,:; - BC-- l9264£ 019090l lt ri tllt!)*2lll177— 1' 84 )190 l31JAIIIilrltl fill l �Il��lrtll ) Joan L. Flynn, City Clerk City of Huntington Beach .h Office of the City Clerk P.O. Box 190ADRESS _ Huntington Beach, CA 92648 �.to 0 1- ,, REQUESTED LEGAL NOTICE- PUBLIC HEARING aO���NStN6Tpy�F 159-492-04 Seagate Co y y g mmunit Assn. 19600 Fairchild, Suite 150 9 _ Irvine, CA 92612 V� FB r� 1909.E \O NIXIE 927 f3°. RETURN TO SENDER NOT DELIVERAMLE PAS ADOR 1.NAGLE .T@ FORWARD GC: 92648019090 *2177-0; •�'-.'f`•''�..'�..•1'•1�92� !.'3t7 11l�trl►�r�►f�rll�rt��rl�t��llrrra���t�ar��lrtfr. 'ff�filil��ll{liltl�ftiki�'Lf IfEFfflJiH1(F-llfftt�,l:(l�1E11111.t ®fR't:�` .F+�S�irog�i.,,,, f 4�la--90-4;7Lsvlo-•1:4 011�I*11 1101Is10sT0IE3'b9z6 F:09 "',. 012H16209932 .LNV0v/\ ti� 0 .3 1 �sgali� c�� try L�z� ERME to I- ti tz 05/0412006 at�t"LUr` CY Q T 1054� 3I TP4 Lu W °" CL"it mailed From 92648 0.C US POSTAGE f LEGAL NOTICE - PUBLIC HEARING INGT�,y��' J Owner/Occu ant 18822 Rox Lane Huntingto Beach, CA 92648 c�e ISO . MTYcP`��o Ili!Ill i1411111 till)Ili till 1111I..A111111I illifiili!b fli11! 7 !� I RECEIVED Council/Agency Meeting Held: Deferred/Continued to: il 0t7�`t' } �` i Approved ❑ Conditionally Approved ❑ Denied ity Jerk' ign&WIN aCtt Council Meeting Date: 12/5/2005 Department ID Number: PL05-24 _ Q CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR �J PREPARED BY: HOWARD ZELEFSKY, PLANNING DIRECTOR �RZ SUBJECT: Approve Holly Seacliff Development Agreement Extension Requetf Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a request by Mansion Properties, Inc., a subsidio ry of Chevron, to extend the term of the Holly Seacliff Development Agreement (DA) for the 11.8 acre property that it owns located at the northeast corner of Garfield Avenue and Gothard Street. The DA expires on December 5, 2005. Because all of the Holly Seacliff DA public improvements have been completed and the DA does not compel the property owner to clean nor develop the site, it is not necessary, from the City's perspective, to extend the current DA. However, staff recommends the City Council enter into a six month extension, as requested, to more fully evaluate potential benefits to the City. As an alternative, the applicant could submit a request for a new development agreement specific to their property. At that time, the applicant could request that the new DA terms include previous benefits associated with the Holly Seacliff DA. Funding Source: Not applicable Recommended Action: Motion to: "Direct staff to prepare an Amendment to the Holly Seacliff Development Agreement for City Council consideration pursuant to Exhibit C in Attachment No. 1 to extend the DA for six months for the purpose of negotiating and entering into a more formal extension." REQUEST FOR ACTION MEETING DATE: 12/5/2005 DEPARTMENT ID NUMBER:PL05-34 Alternative Action: The City Council may make the following alternative motion: "Direct staff to prepare a letter to Mansion Properties, Inc. indicating that the City will not enter into an extension of the Holly Seacliff Development Agreement but that a new development agreement application may be filed." Analysis: A. PROJECT PROPOSAL: Applicant: Mansion Properties, Inc., 145 S. State College Blvd., 4th Fir., Brea, CA 92821 Location: Approximately 11.8 acres located at the northeast corner of Garfield Avenue and Gothard Street Mansion Properties, Inc., a subsidiary of Chevron, has submitted a request to have the Holly Seacliff Development Agreement extended for the property that it owns at the corner of Garfield and Gothard. The initial extension would be for a five year period with two additional five year extension options. Their request and draft amendment documents are provided as Attachment No. 1/Exhibit B. Due to the lateness of their request, Mansion Properties, Inc. has also indicated a willingness to enter into a six month extension for the sole purpose of negotiating and entering into a more formal extension (Exhibit C in Attachment No. 1). The subject property is designated for Medium High Density Residential uses. Portions of the property are contaminated. No clean-up or development proposal has been submitted to the City at this time. Mansion Properties, Inc. has initiated this request in order to preserve the development rights provided by the DA because clean-up costs for the site are expected to be high. B. BACKGROUND: The Holly Seacliff Development Agreement was adopted in 1990 and expires on December 5, 2005. It applies to approximately 490 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west and the Seacliff Golf Course on the south. The majority of the property covered by the DA has been developed. Attachment No. 2 shows those properties covered by the DA. In addition to the subject property owned by Mansion Properties, there are a few other properties that have not yet been developed. The benefit the City has derived from the DA pertains to infrastructure and public facility improvements in the area such as the fire station, water reservoir, public parks and street improvements. All DA obligations have been completed. G:\RCAs\2005\PL05-34 HS DA Exta.doc -2- 11/28/2005 3:53 PM REQUEST FOR ACTION MEETING DATE: 12/5/2005 DEPARTMENT ID NUMBER:PL05-34 C. STAFF ANALYSIS AND RECOMMENDATION: Extension of the DA for the subject property would lock-in the development rights that have been enjoyed by other residential DA properties. Staff's review of development requirements and other projects in Holly Seacliff concludes the following four benefits to Mansion Properties, Inc. if the DA is extended: 1. Park and recreation fees are not required because of park acreage already dedicated for DA development. 2. Water Capital Facilities fees are not required because of construction of the water reservoir. 3. Design Review Board is not required because the requirement was instituted after the DA was approved. 4. No new requirements may be imposed on the property. Conversely, if the DA is not extended and the property were developed, Mansion Properties, Inc. would pay a lower Traffic Impact Fee (TIF). All Holly Seacliff DA property is subject to a TIF of$150 per trip. The current non-DA TIF is $120 per trip. The development standards that apply to the property do not change with or without the DA. Development of the site is governed by the Holly Seacliff Specific Plan. In addition, the applicant retains a current affordable housing surplus of 16 units in the Cape Ann and Promenade projects. (Mansion Properties acquired this surplus when they purchased the subject property back from PLC.) The affordable housing requirements and associated surplus are tied to the Specific Plan and thus remain in place with or without the DA. There are no tangible benefits to the City if the current DA is extended. The DA does not compel the property owner to clean nor develop the site, and there are no outstanding DA obligations to be satisfied. However, representatives of Mansion Properties, Inc. have indicated that without the DA they have concern about the financial feasibility of developing the site (primarily due to park in-lieu fees). If the site is not cleaned and developed, it remains a brownfield. Thus, there is an implied benefit because Mansion Properties, Inc. has indicated an interest in pursuing the clean-up with a DA in place. Because all of the DA obligations have been met, staff does not believe it is necessary to extend the current DA. However, staff recommends the City Council approve a short-term extension to more fully evaluate benefits to the City. As an alternative, Mansion Properties, Inc. could apply for a new development agreement and propose certain terms that recognize the property's relationship to the Holly Seaciff DA and the contributions that have already been made. Environmental Status: The proposed request is exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3). GARCAs\2005\PL05-34 HS DA Exta.doc -3- 11/28/2005 3:53 PM REQUEST FOR ACTION MEETING DATE: 12/5/2005 DEPARTMENT ID NUMBER:PL05-34 Attachment(s): City Clerk's Page Number No. Description Letter from Mansion Properties, Inc. dated November 4, 2005 w/Exhibits Exhibit showing Holly Seacliff Development Agreement 2. properties 3. Excerpts from Holly Seacliff Development Agreement PARCAs\2005\PL05-34 HS DA Exta.doc -4- 11/29/2005 12:37 PM ATTACHMENT 1 Chevron Don Means Mansion Properties,Inc. Vice President 145 S. State College Blvd., 4th Floor Brea,CA 92821 Tel 714-671-3531 Fax 714-671-3446 dmeans@chevron.com November 4,2005 }s z;x 0 y( City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Community Development Dept./Planning Dept. Community Development Dept./Planning Dept. Howard Zelefsky Mary Beth Broeren Director of Planning Principle Planner Community Development Dept. /Building& Safety Jennifer McGrath Ross Cranmer City Attorney Director of Building& Safety Penny Culbreth-Grath City Administrator Re: Extension of Development Agreement No. 90-01 Holly-Seacliff Dear Mr. Cranmer: By this letter Mansion Properties, Inc. is requesting an extension of that certain Development Agreement,by and between the City of Huntington Beach and Pacific Coast Homes and Garfield Partners(the"Development Agreement"). The Development Agreement, which was adopted by Ordinance No. 3080 on November 5, 1990, has an effective date of December 5, 1990 and was recorded in the official records of Orange County, California on November 14, 1990 as Document No. 90-599766. Mansion is the current land owner of, and said extension shall relate to, that certain real property as described on Exhibit A to this letter,which property is presently encumbered by the Development Agreement(the"Mansion Property"). An initial draft of the First Extension to Development Agreement is attached hereto as Exhibit"B" (the"Amendment"). Mansion proposes extending the Development Agreement for a period of five years with two additional five year extensions as set forth in the Amendment. This request is being made in accordance with Section 4.12 of the Development Agreement and we are seeking your cooperation in accordance with Section 4.10 of the Development Agreement. However, the economics required for development of the Mansion Property mandate the Development Agreement be extended. In order to meet the tight deadline Mansion would be amenable, with City concurrence, to extending the Development Agreement for six months, for the sole purpose of negotiating and entering into a formal extension. A draft of this extension is attached hereto as Exhibit"C". To the extent timed notification is required from City prior to taking action on the six month extension; Mansion is willing to waive such time requirements. Please let me know if you have any questions. Thank you for your help and assistance with this request. Sincerely, Don Means EXHIBIT "A" MANSION PROPERTY DESCRIPTION Remaining undeveloped property northeast of the intersection of Gothard and Garfield Streets, in the City of Huntington Beach. More particularly described as: Parcel E as described on Exhibit E and shown in Exhibit E-1 attached to that certain conditional certificate of compliance No. 96-4, recorded February 28, 1996 as Instrument No. 19960094325 of the Official Records of Orange County, California. Lot "P" and Lot 104 as shown on Final Tract Map No. 16490 recorded as instrument No. 20040059448 in Book 859, Pages 1 through 7 in the Official Records of Orange County, California. Y5 RE CT 0. 0 1 I � I 1 � R i PARK / LOT 10 4.011 ACRES \ I � ' hop GAPE ANN TRACT NO. 15531 i o LOT 1104 OLMBY ADDITIONAL W PROPERTY' 1.363 ACRES o�c u 1 1 "COVE PROPERTY' I 10A50 ACRES REPURCHASED BY MANSION FEBRUARY 2000 I �YaRCG� C' 1 I GARFIELD AVENUE November 3, 2005 Page 4 EXHIBIT "B" RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: City Clerk FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACFIC COAST HOMES AND GARFIELD PARTNERS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Amendment") is entered into on , 2005 ("Execution Date")by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("City") and MANSION PROPERTIES, INC., a California corporation("Owner"). The effective date of this Amendment shall be the date it is recorded in the Official Records of Orange County, California. RECITALS A. Pacific Coast Homes, Garfield Partners and City entered into that certain Development Agreement adopted by Ordinance No. 3080 on November 5, 1990, having an effective dated of December 5, 1990, which was recorded on November 14, 1990 in the Official Records of Orange County as Document No. 90-599766 (the"Development Agreement") affecting that portion of the Property, as that term is defined in the Development Agreement, described in Exhibit"A", attached hereto and a part hereof(the"Mansion Property"). B. Owner is the current owner of record of the Mansion Property. C. The term of the Development Agreement will expire on December 5,2005 unless the term is otherwise terminated,modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Owner or its successors or assigns. D. The City and Owner now wish to amend the Development Agreement as it relates to the Mansion Property by extending the term as set forth herein. November 3, 2005 Page 5 NOW THEREFORE, in accordance with Government Code Section 65868 and Section 4.12 of the Development Agreement, the City and Owner agree as follows: Section 1. Extension of the Term. The term of the Development Agreement as it relates to the Mansion Property is hereby extended until December 5, 2010 and shall be automatically extended for two additional 5-year extensions for an outside expiration date of December 5, 2020 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Mansion or its successors or assigns. Section 2. Vested Right. Mansion shall continue to have the vested rights to complete the Development on the Mansion Property in accordance with the Development Agreement. As used herein, the term "Development" shall have the same meaning set forth in the Development Agreement. Section 3. Miscellaneous. (a) Continuing Effect. Except as expressly modified by this Amendment, all other terms, obligations, conditions and restrictions set forth in the Development Agreement shall remain unchanged and in full force and effect. (b) Counterparts. This Amendment may be executed in multiple counterparts, each of which shall, for all purposes,be deemed an original,but which together shall constitute one and the same instrument. c) Binding Effect. This Amendment shall be binding on the parties hereto and affect the Mansion Property. IN WITNESS WHEREOF, this Amendment is executed by the City and Mansion as of the Execution Date. (Signatures appear on following page) November 3, 2005 Page 6 CITY: CITY OF HUNTINGTON BEACH, a municipal corporation MAYOR Attest: CITY CLERK Approved as to Form: CITY ATTORNEY OWNER: MANSION PROPERTIES, INC., a California corporation By: Name: Its: November 3, 2005 Page 7 EXHIBIT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: City Clerk FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACFIC COAST HOMES AND GARFIELD PARTNERS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into on , 2005 ("Execution Date")by and between the CITY OF HUNTINGTON BEACH, a municipal corporation("City") and MANSION PROPERTIES, INC., a California corporation("Owner"). The effective date of this Amendment shall be December 5, 2005. RECITALS E. Pacific Coast Homes, Garfield Partners and City entered into that certain Development Agreement adopted by Ordinance No. 3080 on November 5, 1990,having an effective dated of December 5, 1990, which was recorded on November 14, 1990 in the Official Records of Orange County as Document No. 90-599766(the"Development Agreement") affecting that portion of the Property, as that term is defined in the Development Agreement, described in Exhibit"A", attached hereto and a part hereof(the"Mansion Property"). F. Owner is the current owner of record of the Mansion Property. G. The term of the Development Agreement will expire on December 5, 2005 unless the term is otherwise terminated,modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Owner or its successors or assigns. H. The City and Owner now wish to amend the Development Agreement as it relates to the Mansion Property by extending the term as set forth herein. November 3, 2005 Page 8 NOW THEREFORE, in accordance with Government Code Section 65868 and Section 4.12 of the Development Agreement, the City and Owner agree as follows: Section 1. Extension of the Term, Limitation of Rights. The term of the Development Agreement as it relates to the Mansion Property is hereby extended until June 5, 2006 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Mansion or its successors or assigns. During the term of this extension, Mansion shall not process any Development Approvals. As used herein"Development Approvals" shall have the meaning set forth in the Development Agreement. Section 2. Vested Right. Subject to Section 1 above, Mansion shall continue to have the vested rights to complete the Development on the Mansion Property in accordance with the Development Agreement. As used herein,the term"Development" shall have the same meaning set forth in the Development Agreement. Section 3. Miscellaneous. (a) Continuing Effect. Except as expressly modified by this Amendment, all other terms, obligations, conditions and restrictions set forth in the Development Agreement shall remain unchanged and in full force and effect. (b) Counterparts. This Amendment may be executed in multiple counterparts, each of which shall, for all purposes,be deemed an original,but which together shall constitute one and the same instrument. c) Binding Effect. This Amendment shall be binding on the parties hereto and affect the Mansion Property. IN WITNESS WHEREOF, this Amendment is executed by the City and Mansion as of the Execution Date. (Signatures appear on following page) November 3, 2005 Page 9 CITY: CITY OF HUNTINGTON BEACH, a municipal corporation MAYOR Attest: CITY CLERK Approved as to Form: CITY ATTORNEY OWNER: MANSION PROPERTIES, INC., a California corporation By: Name: Its: November 3, 2005 Page 10 Don Means ATTACHMENT 2 ""�lull_IIIIII ullil lull I III I III "' Iillllllllilllllll��lill IIIIIIIilllllllllllilll ,,, � - IIIII�olio IIII IIIIi�IIIIi�lllllil �■ ' ��q ® IIIIIIIIIIII IIIlillillll IIIIIIIIIII IIIIIIIillll���� II ® mnnum m!m!!!n ! •w \vim �� !I 'i � �IIIIIIIIIIII �-- \•U\\�����,,��� e� '��;,5`\�\ �,� �p � ���1� IIIIIIIIIIII■�IIIIII �' �►��:.�������; �\��'°�;; `o ���� \Q IIIIIIIIIII■ E� ." \o`O ° ` _ rl■1■ �IIIIIIIIIIII��II��■ ��' I••�����o vy.ov w NZIN.•v A�. o •�,,� `w \ �11�'■� '1"1 rl' ' �,�1�1�i `v.\ ° ,e� \° \\\o is ■1��111 ��� LII��� ___ -__ t WA, � �► � ice„\ \`.\.���\\\\,�� ` �• o ,�'� !" VIOL NJ ns \� �► �,, �. — \ `�.—� � fi 1111iliiii 1111:@:11111 5�°Illllllll t�AN`l_ — NNNo % °o, ♦P, 'L 0 ram\ e\o \\C\\ �,c\\��\�\ ` \\ 0 ��IM' ✓k�N AMN moa NO ,Qr `♦����0 ��\�\\ 1 I�\,\fir\ \ ` AS moo♦ ON ,N' \ ♦ \ ��``♦\.tea����� ♦�\\ ATTACHMENT 3 7 .r y_ 90=599766 Recording Requested By: City of Huntington Beach RECDRDED I`1 OFFICIAL R-EC�Oh10'8 2000 Main Street �CF ORANGE: COUNTY. CALIFORNIA Huntington Beach, CA 92648 �3zc� PM NOV 14 '90 When Recorded Return to : City Clerk Q. c6w04Z.RECORDER City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 EXEN FT' C4 { DEVELOPMENT AGREEMENT By and Between THE CITY OF HUNTINGTON BEACH Dent.oll Co ;m. Cove ornent (-CITY-) and PACIFIC COAST HOMES and GARFIELD PARTNERS (collectively, "DEVELOPER" ) ent 3s solely for the This aocum b;,n irlO' s a 0itY official of in y E plated ula^be record9d Sec. 6'103 and sho free of eharge. Developer ' s oblig tions or other affirmative covenants of Developer hereunder , r to guarantee such performance; provided, however, that the extent that any covenant to be performed by Developer i a condition precedent to the performance of a covenant by Ci , the performance thereof shall continue to be a condition p cedent to City' s performance hereunder . 4 .4: No Third Parma Beneficiaries . is agreement is made and entered into for the sole protectio and benefit of the Parties and their respective successors an assigns . No person not a Party hereunder shall have any right f action based upon any provision in this Agreement . 4 . 5 Term. Subject to the last paragraph of Section 2 . 42 herein, the term of this Agreement . shall commence upon the Effective Date and, unless modified or extended pursuant to the provisions set forth herein, shall expire upon the earliest of the following dates : (i) Fifteen ( 15) years aftP,r the Effective Date; or (ii) As to any separate legal lot , parcel, or unit within the Property, upon completion of Development with respect to said lot, parcel , or unit in accordance with this Agreement and the issuance by City of all required occupancy permits or final inspection approvals; or (iii) As to any separate legal residential lat, parcel, or unit within the Property, upon the sale or lease (for a period not less than one (1) year) to the ultimate purchaser, occupant, or user thereof ; provided, however , the 48 benefits of this Agreement shall continue to run as to any such lot , parcel, or unit until the time set forth in subparagraph (i) or (ii) herein, whichever is earlier ; or ( iv) As to any portion of the Property as to which a material default exists and is not timely cured, on such earlier date that this Agreement may be terminated with respect thereto in accordance with Sections 3 . 1-3 . 3 herein. Any such expiration or termination shall be effective. without the execution or recordation of any further document or instrument and, at the time of such expiration or termination, the Property or portion thereof shall be released from and no longer subject to, or burdened by, the provisions of this Agreement . In addition, upon the expiration or termination of this Agreement for any reason as to the Property or any portion thereof , City and Developer agree to cooperate and execute any document reasonably requested by the other party to remove this Agreement of record as to the Property or applicable portion thereof . Termination of this Agreement shall not result in a termination of any Development Approvals applicable to the Property or portion thereof . 4 . 6 Covenants . The provisions of this Agree nt shall constitute covenants which shall run with t land comprising the Property.. and, subject Sections 4 . 3 and 4 . 5 (iii) herein, the benefits a burdens hereof shall bind and inure to all successo in interest to Developer and City. 49 this Agreement impossi e; and each Party shall do everything which this Agree nt contemplates that such Party shall do to accomplish the objec ves and purposes of this Agreement . 4 . 10 Cooperation; Execution of Documents ; Estoppel Certificates . Each Party shall execute and deliver to the other all such other further .instruments and documents as may be necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder , to carry out the intent and fulfill the provisions of this Agreement, and to evidence or consummate the transactions contemplated by this Agreement . Not by way of limitation of the foregoing, each Party shall certify, without charge at any time and from time to time within fifteen(15) days of the receipt of the request of any other Party or Mortgagee, by instrument duly executed and acknowledged; ( i) that his Agreement is unmodified and in full force and effect, or if there have been any modifications , that the same are in full force and. effect as modified and stating the modifications ; (ii) whether or not, to the best of the responding Party' s knowledge, any defaults exist under this Agreement or would exist .with the giving of notice and/or the passage of tame, and, if any such defaults are alleged to exist, the nature thereof ; (iii) whether or not there are any existing setoffs or defenses against the enforcement of any of the 51 agreements , terms , covenants , or conditions set forth herein or any modifications hereof upon the part of any Party to be performed or complied with and, if so, specifying the same; and (iv) such other matters as may reasonably be requested . Any such certificate may be relied upon by and Party or Mortgagee to whom the certificate is directed . However, no Party shall be estopped thereafter from asserting that a default has occurred, if at the time of making of the aforesaid certificate, such Party -had no knowledge of such default . 4 . 11 Co&Deration in the Event of Legal Challen e . In the event of an legal action instituted by any third party, including any othe governmental entity or official, challenging the valid ' ty or enforceability of any provision of this Agreement , or an Development Approval granted pursuant to this Agreement , r any other action by either Party in performing hereunder, the Parties hereby agree to cooperate fully with each other i defending said action; provided, however , that each Party s 11 bear its own costs and legal expenses in defending such action. 4 . 12 Amendments and Waivers . This Agreement may be amended from time to 'time by mutual consent of City and Developer in accordance with the provisions of Government Code Sections 65867 , 65867 . 5 , and 65868 , including any— applicable requirements for notice and public hearing . 52 All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and Developer, and all amendments hereto must be in writing and signed by the appropriate authorities of City and Developer . This Agreement may be amended with respect to any separate legal parcel within the Property without the consent or approval of the owner of any other portion of the Property so long as such amendment does not in any way impair the rights or increase the obligations of the other owner(s) hereunder . 4 . 13 Time f Essence . Time is of the essence in the performance of th provisions of this Agreement as to which time is an element . 4 . 14 Enforced De a • Extension of Times of Performance . In additi to specific provisions of this Agreement, performance by ither party hereunder shall not be deemed to be in default , nd all rrrformance and other dates specified in this Agree m nt shall be extended, where delays or defaults are due to an causes beyond the reasonable control and without the fault of the party claiming an extension of time to per orm. An extension of time for any such cause shall be for e period of the enforced delay only and shall commence run from the— commencement of the cause, and shall comm ce upon notice by the party .claiming such extension, which sh 11 be delivered within thirty (30) days after commencement of the cause, and 53 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Holly Seacliff Development Agreement Extension Request COUNCIL MEETING DATE: December 5, 2005 SSO RCA.-ATTACHMENTS ' CjA a , Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable z Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached ElNot Applicable (Approved as to form by City Attorney) Certificates of Insurance A b the CityAttorne Attached ❑ (Approved y y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached ElNot Ap licable Staff Report (If applicable) Attached ❑Not Applicable Commission, Board or Committee Report applicable)If a Attached ❑ p ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Findin g pp Not Applicable EXPLANATI W FOR"MISSING:ATTArC'HMENTS 01£ REVIEaWED h RETURNED X F'ORWARDfD Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( w4L ) City Clerk ( ) EXPLANATION3�FQR��RfTURNOFITEM � ; = s,. Gt Only)(Below Space For City Clerk's Use RCA Author: PE:HZ:SH:MBB J� City of Huntington Beach P.O. Box 190 - 2000 Main Street Huntington Beach, California 92648 HUNTINGTON BEACH FrgM the desk of: Patty Esparza Deputy City Clerk Telephone: (714) 536-5260 Fax: (714) 374-1557 Hi nifer: Somehow this item was overlooked And was not "Approved as to Form" before it went to Council on 12/5. Mansion Properties is sending copy with their signatures. In the meantime, would you please sign our copies. / - k)-�-- Thanks and sorry for e oversight. k,X.,�f d,AC tst1.4- ,o Es aria, Patty From: McGrath, Jennifer Sent: Tuesday, January 17, 2006 4:42 PM ` To: Esparza, Patty Cc: Emery, Paul; Zelefsky, Howard; D'Alessandro, Paul; Mulvihill, Leonie Subject: Item E-4 of 12/5/05 Meeting (Holly Seacliff) Patty - Exhibit C to this RCA was not prepared or approved by the City Attorney's Office. It is attached to the RCA as a sample only. An approved and executed amendment will be presented to City Council in the future. Once a request for legal services is received, my staff does have changes to the sample. To date, we have not received an RLS. Mansion Properties should not execute the sample. I am returning the RCA to you. Jennifer ems' Act hJ o� Chevron Jim Pugliese Mansion Properties Project Manager 145 S. State College Blvd., 4th Floor Brea, CA 92821 Tel 714-671-3529 Fax 714-671-3446 japu@chevron.com December 19,2005 City of Huntington Beach City Clerk 2000 Main Street Huntington Beach,CA 92648 Attention: Robin Lugar Dear Robin, Please find attached a duly executed copy of an amendment to the Holly Seacliff Development Agreement. This extension was approved by City Council on December 5,2005. I understand that this document is to be signed by relevant City representatives and recorded. Should you wish to contact me please call 714-671-3529. Thank you for your prompt attention to this matter. SIi e e , : o m gli esee r M1 ChevronTexaco Law Department Brian J.Shally 6001 Bollinger Canyon Road Senior Counsel Room 3124 Tel(925)842-1738 San Ramon,CA 94583-2324 Fax(925)842-2056 RECORDING REQUESTED BY ChevronTexaco AND WHEN RECORDED RETURN TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: City Clerk FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACFIC COAST HOMES AND GARFIELD PARTNERS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Amendment") is entered into on , 2005 ("Execution Date")by and between the CITY OF HUNTINGTON BEACH, a municipal corporation("City") and MANSION PROPERTIES, INC., a California corporation("Owner"). The effective date of this Amendment shall be December 5, 2005. RECITALS A. Pacific Coast Homes, Garfield Partners and City entered into that certain Development Agreement adopted by Ordinance No. 3080 on November 5, 1990, having an effective dated of December 5, 1990, which was recorded on November 14, 1990 in the Official Records of Orange County as Document No. 90-599766 (the"Development Agreement") affecting that portion of the Property, as that term is defined in the Development Agreement, described in Exhibit"A", attached hereto and a part hereof(the "Mansion Property"). B. Owner is the current owner of record of the Mansion Property. C. The term of the Development Agreement will expire on December 5, 2005 unless the term is otherwise terminated, modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Owner or its successors or assigns. D. The City and Owner now wish to amend the Development Agreement as it relates to the Mansion Property by extending the term as set forth herein. NOW THEREFORE, in accordance with Government Code Section 65868 and Section 4.12 of the Development Agreement, the City and Owner agree as follows: Section 1. Extension of the Term,Limitation of Rights. The term of the Development Agreement as it relates to the Mansion Property is hereby extended until June 5, 2006 unless the term is otherwise terminated,modified or extended by circumstances set forth in the Development Agreement or by mutual consent of the City and Mansion or its successors or assigns. During the term of this extension, Mansion shall not process any Development Approvals. As used herein"Development Approvals" shall have the meaning set forth in the Development Agreement. Section 2. Vested Right. Subject to Section 1 above, Mansion shall continue to have the vested rights to complete the Development on the Mansion Property in accordance with the Development Agreement. As used herein, the term"Development" shall have the same meaning set forth in the Development Agreement. Section 3. Miscellaneous. (a) Continuing Effect. Except as expressly modified by this Amendment, all other terms, obligations, conditions and restrictions set forth in the Development Agreement shall remain unchanged and in full force and effect. (b) Counterparts. This Amendment may be executed in multiple counterparts, each of which shall, for all purposes,be deemed an original,but which together shall constitute one and the same instrument. c) Binding Effect. This Amendment shall be binding on the parties hereto and affect the Mansion Property. IN WITNESS WHEREOF, this Amendment is executed by the City and Mansion as of the Execution Date. (Signatures appear on following page) CITY: CITY OF HUNTINGTON BEACH, a municipal corporation MAYOR Attest: CITY CLERK Approved as to Form: CITY ATTORNEY OWNER: MANSION PROPERTIES, INC., a California corporation By: Name: boy" ke-��tA� Its: V`cc �rfS1ek�t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ( County of ss. (r 5 On � � ( !� before me, (UI �� f'�✓1 �� �U�'�tC Date Nam nd Title of Officer(e.g.,"Jane Doe,Notary Public" personally appeared &.u,o Name(s)of Signer(s) �> �ei<ersonally known to me ❑ proved to me on the basis of satisfactory ( evidence to be the personO whose name(t) is/a;a ( subscribed to the within instrument and acknowledged to me that he/sheA44&y executed the same in his/herltlaeir authorized capacity(ies), and that by his/4aWAei.r signature(p) on the instrument the person(g), or C _ the entity upon behalf of which the personft) Ntl acted, executed the instrument. ownge COu* (, Com• Jon S. WITNESS my and and official seal. r � --------1&� tea a2z��� I� I Place Notary Seal Above ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I Description of Attached Document Title or Type�of Document: Fl r--* b6 i�J� 'I - � tl�j ,P �cen c pd Document Date: �c Number of Pages: 3 Signer(s) Other Than Named Above: r� I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual p Top of thumb here _Corporate Officer—Title(s): ILL- �%p�1��Q� ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827