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HomeMy WebLinkAboutPedigo Gothard LLC, Pedigo South Edinger LL, George W. Psaros Trust - 2013-09-16 C � f�91- Dept. ID PL 13 017 Page 1 of 4 Meeting Date:9/16/2013 fib, /D 7-Z.3( I.398.7 CITY OF HUNTINGTON BEACH ��r ,y• -''� g REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/16/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve for introduction Ordinance No. 3987 adopting a Development Agreement by and between the City of Huntington Beach, Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (Development Agreement No. 13-002 — Pedigo Apartments) Statement of Issue: Transmitted for your consideration is a request to enter into a Development Agreement between the City of Huntington Beach and Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments, a 510 unit multi- family residential development with a six-level parking structure, leasing office, resident fitness and recreation areas and public open space. Financial Impact: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: A) Approve "Development Agreement No. 13-002 with findings for approval which includes Affordable Housing Agreement Restrictions-Rental (Declaration of Conditions, Covenants and Restrictions for Property) (ATTACHMENT NO. 1);" and B) Approve for introduction Ordinance No. 3987, "An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach, Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (Development Agreement No. 13-002— Pedigo Apartments)." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Development Agreement No. 13-002 with findings for denial." 2. "Continue Development Agreement No. 13-002 and direct staff accordingly." HB -313- Item 18. - 1 Dept. ID PL 13-017 Page 2 of 4 Meeting Date:9/16/2013 Analysis: A. PROJECT PROPOSAL: .Applicant: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe and Rick Lamprecht, ArchRock Development Group LLC, 4000 SE Columbia Way, Vancouver, WA 98661 Location: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (Southwest corner of Edinger Avenue and Gothard Street) Development Agreement No. 13-002 represents a request to enter into a Development Agreement between the City of Huntington Beach and Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments, a 510 unit residential development with a six-level parking structure, leasing office, private recreational amenities, and 25,815 sq. ft. of public open space. The key points of Development Agreement No. 13-002 (Attachment No. 2) include: - 7-year effective term (page 5, section 2) - Vests property owner's right to construct project in accordance with the approved development plan pursuant to Site Plan Review No. 12-002, approved by the Planning Commission on July 9, 2013 (page 5, subject to paragraphs 3.3 through 3.8) - Provision of 51 affordable housing units (page 7, section 5) The Pedigo Apartments is located on an approximately 8.5 acre site at the southwest corner of Gothard Street and Edinger Avenue. The existing five buildings will be demolished to accommodate the development. B. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a public hearing to consider Site Plan Review No. 12-002, Tentative Parcel Map No. 12-113, and Development Agreement No. 13-002 at their regular meeting on July 9, 2013. Staff gave an overview presentation of the project entitlements. There were eight speakers during the public hearing. The Commission had questions related to traffic impacts, environmental hazards, and fire access for the proposed apartment building. The project entitlements including Development Agreement No. 13-002 were then approved by the Commission. The Commission also acted to forward the draft ordinance to the City Council. Planninq Commission Action on July 9, 2013.- The motion made by Franklin, seconded by Bixby, to approve Development Agreement No. 13-002 with findings for approval (Attachment No. 1) and forward the draft ordinance to City Council carried by the following vote: AYES: Franklin, Bixby, Kalmick, Pinchiff, Mandic, Dingwall, Peterson NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Item 18. - 2 HB -314- Dept. ID PL 13-017 Page 3 of 4 Meeting Date:9/16/2013 C. STAFF ANALYSIS AND RECOMMENDATION: Consistency with the Beach and Edinger Corridors Specific Plan and General Plan The City is authorized pursuant to California Government Code Section 65864 et. Seq. and Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. The objective of a development agreement is to provide assurances that an applicant can proceed with a project in accordance with existing policies and standards in place at the time of project approval. The City and property owners desire to enter into a development agreement for the subject site in order to achieve the mutually beneficial development of the property. The development agreement ensures that the project includes affordable units and is developed in accordance with Site Plan Review No. 12-002 and Tentative Parcel Map No. 12-113. The development agreement would be effective for seven years and vests the property owner's right to construct the project pursuant to the terms of the affordable housing agreement. The development agreement is consistent with the General Plan land use designation as it relates to the approved project's consistency with the General Plan. Affordable Housing The Beach and Edinger Corridors Specific Plan (BECSP), requires that a minimum of 10 percent of total units be provided as affordable housing for new residential development of three or more units. Of the 510 total units, the project will provide 51 affordable units onsite. 43 of the affordable units will be available to moderate income households and the remaining 8 affordable units will be available to low income households. The development agreement stipulates these requirements in addition to the 55-year affordability period and the timing for which the affordable units shall be constructed. The development agreement also includes a separate affordable housing agreement exhibit to be recorded, which further specifies details for the affordable units including income requirements, household size and the timing for the affordability period to take effect. E. SUMMARY Staff recommends approval of Development Agreement No. 13-002 because it is: • Consistent with the General Plan; • Conforms to the provisions of Chapter 246 Development Agreements of the Huntington Beach Zoning and Subdivision Ordinance; • Consistent with the approved project and the Conditions of Approval and Mitigation Measures adopted pursuant to Site Plan Review No. 12-002 and Tentative Parcel Map No. 12-113; and • Ensures the mutually beneficial development of the approved project and serves the affordable housing needs of the community by providing 51 affordable housing units. Environmental Status: The proposed project is exempt under the provisions of the California Environmental Quality Act pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for residential projects in conformity with that specific plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Beach and Edinger Corridors Specific Plan project. The Environmental Assessment Committee also reviewed the checklist prepared for this project and HB -315- Item 18. - 3 Dept.ID PL 13-017 Page 4 of 4 Meeting Date:9/16/2013 determined that potentially significant effects of the project have been analyzed pursuant to the BECSP Program EIR No. 08-008 and can be mitigated pursuant to applicable mitigation measures adopted for the BECSP Program EIR. The affordable housing requirements/agreement, executed via the proposed development agreement, was included in the scope of the project approved by the Planning Commission on July 9, 2013. Strategic Plan Goal: Enhance economic development Attachment(s): 1. Findings for Approval — Development Agreement No. 13-002 2. Ordinance No. 3987, "An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach, Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (Development Agreement No. 13-002 — Pedigo Apartments)." 3. Planning Commission Staff Report dated July 9, 2013 4. Site Plan Review No. 12-002/Tentative Parcel Map No. 12-113/Development Agreement No. 13-002 — Notice of Action with Findings and Conditions of Approval 5. PowerPoint Presentation SH:KDC:JJ:JA Item 18. - 4 HB -316- ATTACHMENT # 1 xe . i7 Item 16. - 5 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL DEVELOPMENT AGREEMENT NO. 13-002 SUGGESTED FINDINGS FOR CEQA: The City Council finds that the proposed project is exempt under the provisions of the California Environmental Quality Act pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for residential projects in conformity with that specific plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Beach and Edinger Corridors Specific Plan project. The Environmental Assessment Committee also reviewed the checklist prepared for this project and determined that potentially significant effects of the project have been analyzed pursuant to the BECSP Program EIR No. 08-008 and can be mitigated pursuant to applicable mitigation measures adopted for the BECSP Program EIR. The affordable housing requirements/agreement, executed via the proposed development agreement, was included in the scope of the project approved by the Planning Commission on July 9, 2013. SUGGESTED FINDINGS FOR APPROVAL - DEVELOPMENT AGREEMENT NO. 13-002 : 1. The development agreement is consistent with the General Plan and Beach and Edinger Corridors Specific Plan (BECSP). Development Agreement No. 13-002 provides for the construction of the Pedigo Apartments, which complies with the BECSP development code and was found to conform to the goals and policies of the General Plan as approved by the Planning Commission on July 9, 2013. The development agreement ensures the construction of 51 affordable housing units within the project in accordance with the provisions of the BECSP for a 55-year period. The development agreement is consistent with the following General Plan goals and policies: A. Housinq Element Goal H 2:Provide adequate housing sites to accommodate regional housing needs. Goal H 3:Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. B. Land Use Element Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Item 18. - 6 HB -318- Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. The project represents new housing in the City that will help to fulfill the City's share of the regional housing need. Ten percent of the units will be provided for affordable housing with 43 units for moderate income levels and 8 units for low income levels. Residents will benefit from the proximity of the project to different activities and uses. It provides opportunities and convenience for many households to use alternate travel modes such as walking and bicycling to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. The Edinger Corridor will be revived with the incorporation of housing closer to commercial projects to generate activity in an area that was previously viewed as underutilized and declining. 2. Development Agreement No. 13-002 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and applicable provisions of the Huntington Beach Municipal Code. Chapter 246 of the HBZSO authorizes the City, pursuant to the California Government Code, to enter into binding development agreements in order to ensure that development may proceed in accordance with standards and policies in place at the time the project is approved. 3. Development Agreement No. 13-002 will not be detrimental to the health, safety and general welfare of the surrounding properties nor will it adversely affect the orderly development of the property. The development agreement ensures that the project will be constructed in accordance with the BECSP development code and conditions of approval and applicable mitigation measures adopted pursuant to Site Plan Review No. 12-002 and Program Environmental Impact Report No. 08-008 for the Pedigo Apartments Project. 4. The City Council has considered the fiscal effect of Development Agreement No. 13-002 on the City and the effects on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. Development Agreement No. 13-002 provides for the mutually beneficial development of the property pursuant to approvals for the Pedigo Apartments Project, which would replace five existing industrial/commercial buildings with a 510 multi-family apartment development. The development agreement specifies the project's affordable housing obligations providing 51 on-site affordable units for a period of 55 years. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owners of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any HB -319- Item 18. - 7 approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. Item 18. - 8 HB -320- ATTACHMENT #2 ORDINANCE NO. 3987 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, PEDIGO GOTHARD LLC, PEDIGO SOUTH EDINGER LLC, AND GEORGE W. PSAROS TRUST(DEVELOPMENT AGREEMENT NO. 13-002 - PEDIGO APARTMENTS ) WHEREAS, on July 9, 2013, the Huntington Beach Planning Commission approved Site Plan Review No. 12-002 and Tentative Parcel Map No. 12-113 to develop an approximately 8.5 acre site generally located at the southwest corner of Edinger Avenue and Gothard Street in Huntington Beach, California("Property"),with 510 apartment units, with a leasing office, parking structure, and private and public recreation and open space areas ("Project"), pursuant to the City of Huntington Beach Zoning and Subdivision Ordinance ("HBZSO"); and Pedigo Gothard, LLC, a C a 1 i f o r n i a limited liability company, Pedigo South Edinger, LLC, a c a 1 i f nr n i a limited liability company, and George W. Psaros Trust ("Developer") and the City each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with the approved Site Plan No. 12-002 and the City's zoning regulations to achieve the mutually beneficial development of the Property, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the City Council hereby finds that Development Agreement No. 13- 002 conforms to Government Code Section 65864 et. seq. and that: a. Development Agreement No. 13-002 is consistent with the Huntington Beach General Plan; and b. Development Agreement No. 13-002 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the Huntington Beach Municipal Code; and C. Development Agreement No. 13-002 will not be detrimental to the health, safety and general welfare, and will not adversely affect the orderly development of the property because it is consistent with applicable land use regulations of the zoning regulations in effect at the time of project approval, the mitigation measures adopted for the Project in accordance with EIR No.08-008, and the conditions approved for Site Plan Review No.12-002; and d. The City Council has considered the fiscal effect of Development Agreement No. 13-002 on the City and the effect on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. 1 13-3775/98702 Ordinance No. 3987 SECTION 2. Based on the above findings,the City Council of the City of Huntington Beach hereby approves Development Agreement No. 13-002 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECTION 3. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on October 07 , 2013. 5ww-e� Mayor ATTEST: APPROVED A5 TO FORM: V-� City,derk Attorney � I REVIE ND APPROVED: INITIATED AND APPROVED: Cira6a er Director of Plaidiing am Building Exhibit A: Development Agreement No. 13-002 2 13-3775/98702 This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Hugh Nguyen,Clerk-Recorder RECORDING REQUESTED BY IIIIIIIIIIIIII II 1111111111111111111111111111111111111111111111111 IIIIIINO FEE AND WHEN RECORDED MAIL TO: 2013000629216 10:27am 11/14/13 276 402 Al 44 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00129.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, CA 92648 Attention: Director of Planning and Building ALLEN MATKINS LECK GAMBLE MALLORY&NATSIS LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attention: William R. Devine,Esq. (Space Above For Recorder's Use) DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT("Agreement") is made in Orange County, California, as of September 16, 2013,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California(the "City"), PEDIGO GOTHARD, LLC, a California limited liability company(the "Property Owner 1"), PEDIGO SOUTH EDINGER, LLC, a California limited liability company("Property Owner 2"), and GEORGE W.PSAROS TRUST, George W. Psaros and Helen Psaros,trustees ("Property Owner 3") (collectively, "Property Owners"). RECITALS : A. The City is authorized pursuant to Government Code sections 65864 through 65869.5 and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 246 to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. B. Property Owners are the owners of that certain real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the"Property"). C. The City and the Property Owners each desire to enter into this Agreement affecting the Property in conformance with Government Code section 65864 et seq. and HBZSO 246 in order to achieve the mutually beneficial development of the Property in accordance with this Agreement. D. Property Owner 2 or an affiliate of Property Owner 2 is in the process of acquiring the ownership of that portion of the Property currently owned by Property Owner 3 but such closing will not be completed until after approval of this Agreement. This document Is soisy for the after twsiness of the`Cityff o Hundrow 989489.02/OC Beach,as contemplaled under 373217-00001/11-13-13/wrd/wrd C3ovemrnant CodO Sec.61C*and shouid b g recorded fne Of charge, E. The Property Owners seek to develop a project on the Property consisting of up to 510 dwelling units and at least 25,815 square feet of public open space, as more particularly set forth in the Development Plan(collectively,the "Project"), attached as Exhibit B and incorporated herein, all in accordance with City regulations, as may be amended from time to time. F. The City Council of the City(the "City Council") previously certified an environmental impact report No. 08-008 (the "EIR") for an area which includes the Project site, and the Planning Commission has conducted and approved an Environmental Assessment/Initial Study Checklist("EA") for the Project in connection with the Planning Commission's approval of Site Plan Review 12-002 pursuant to the Beach and Edinger Corridors Specific Plan(BECSP), Town Center Boulevard segment. G. The City and the Property Owners each mutually desire to obtain the binding agreement of one another to permit and ensure that the Property is developed strictly in accordance with the provisions of this Agreement. H. This Agreement will benefit the Property Owners and the City by eliminating uncertainty in planning and providing for the orderly development of the Project. Specifically, this Agreement(1) eliminates uncertainty about the validity of exactions to be imposed by the City, (2) provides for the construction of needed affordable housing, (3) ensures that development of the Property occurs within a reasonable timeframe, and (4) generally serves the public interest within the city and the surrounding region. I. The Planning Commission and City Council have each given notice of their intention to consider this Agreement, and have each conducted public hearings thereon pursuant to the relevant provisions of the Government Code. The City Council has found that the provisions of this Agreement are consistent with the City's 1996 General Plan for development within the City, as amended (the "General Plan") and City zoning ordinances, as amended. The Planning Commission and City Council have also specifically considered the impacts and benefits of the Project upon the welfare of the residents of the City and the surrounding region. The City Council has determined that this Agreement is beneficial to the residents of the City and is consistent with the present public health, safety and welfare needs of the residents of the City and the surrounding region. J. On July 9, , 2013,the Planning Commission held a duly noticed public hearing on this Agreement. K. On September 16 , 2013, the City Council held a duly noticed public hearing on this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Property Owners agree as follows: 989489.02/OC 373217-00001/6-25-13/wrd/wrd -2- 1. Definitions. 1.1. "Affordable Dwelling Units" shall mean a Dwelling Unit available at Affordable Rent. 1.2. "Affordable Housing Agreement" shall collectively mean that certain Affordable Housing Agreement Restrictions—Rental (Declaration of Covenants, Conditions and Restrictions for Property) (AHARR)by and between the HBHA, the City and the Property Owners together with all attachments thereto, which was approved as to form as part of this Development Agreement. AHARR shall also include any and all amendments or modifications thereto. 1.3. "Affordable Rent" shall have the same meaning set forth in California Health and Safety Code section 50053, as more specifically set forth in the Agreement Containing Covenants Affecting Real Property to be attached to the Affordable Housing Agreement. 1.4. "Applicable Rules" shall mean the rules, regulations, ordinances and official policies of the City which were in force as of the Effective Date (as defined below), including, but not limited to, the General Plan, City zoning ordinances and other entitlements, development conditions and standards, public works standards, subdivision regulations, grading requirements, and provisions related to density, growth management, environmental considerations, and design criteria applicable to the Project. Applicable Rules shall not include building standards adopted by the City pursuant to Health and Safety Code sections 17922 and 17958.5. 1.5. "Area Median Income" shall mean the area median income for the County of Orange("County") as published annually by the California Department of Housing and Community Development and determined in accordance with the U.S. Department of Housing and Urban Development criteria then in effect and published from time to time. For purposes of this Agreement, the qualifying limits shall be those limits for the County, as set forth in Title 25, California Code of Regulations, section 6932, as that section may be amended, modified or recodified from time to time. If the California Code of Regulations is amended or modified during the term of this Agreement so that such regulations do not specify the area median income from the County,the City shall negotiate in good faith to determine an equivalent authoritative source which determines median income for the County. 1.6. "City Council" shall mean the City Council of the City. 1.7. "City Manager" shall mean the City Manager of the City. 1.8. "County" shall mean Orange County. 1.9. 'Development Impact Fees" shall mean and include all fees charged by the City in connection with the application,processing and approval or issuance of permits for the development of property, including,without limitation: application fees; permit processing fees; inspection fees; utility capacity fees; service or connection fees; library/cultural enrichment fees; traffic impact fees; development impact or major facilities fees; park fees; flood control fees; 989489.02/OC 3 73 2 17-00 00 1/6-25-1 3/wrd/wrd -3- environmental impact mitigation fees; and any similar governmental fees, charges and exactions required for the development of the Project. 1.10. "Development Plan" shall mean Site Plan Review No. 12-002 approved by the City. 1.11. "Discretionary Actions" and "Discretionary Approvals" shall mean those actions and approvals which require the exercise of judgment, or imposition of a condition or obligation, by any officer, employee, review board, commission or department of the City. Discretionary Actions and Discretionary Approvals are distinguished from activities or approvals which merely require any officer, employee, review board, commission or department of the City to determine whether or not there has been compliance with applicable statutes, ordinances, regulations or conditions of approval. 1.12. "Dwelling Unit" shall mean a place in the Project that is legally available to be rented by a person or family. 1.13. "Effective Date" shall mean the date on which the ordinance approving this Agreement has been adopted by the City. 1.14. "HBHA" shall mean the Housing Authority of the City of Huntington Beach. 1.15. "Low Income Household" shall mean persons and families whose incomes do not exceed the amount published annually for Low Income Households by the California Department of Housing and Community Development in accordance with California Health and Safety Code Section 50093. 1.16. "Moderate Income Household" shall mean persons and families whose incomes do not exceed the amount published annually for Moderate Income Households by the California Department of Housing and Community Development in accordance with California Health and Safety Code Section 50093. 1.17. "Market Rate Rental Dwelling Unit" shall mean those Dwelling Units in the Project that are not Affordable Dwelling Units nor governed by the Affordable Housing Agreement. 1.18. "Periodic Review" shall have the meaning assigned to such term in Paragraph 1O(a). 1.19. "Planning Commission" shall mean the Planning Commission of the City. 1.20. "Project" shall mean that development contemplated pursuant to the Development Plan, attached as Exhibit B. 1.21. "Recession" shall mean an economic recession as determined by the National Bureau of Economic Research, or any successor organization charged with the duty of determining the state of the United States economy. 989489.02/OC 373217-00001/6-25-13/wrd/wrd -4- 1.22. "Subsequent Rules" shall mean the rules, regulations, ordinances and official policies of the City, adopted and becoming operative after the Effective Date; including, but not limited to, the General Plan, the Specific Plan, City zoning ordinances and other entitlements, development conditions and standards, public works standards, subdivision regulations, grading requirements, and other provisions related to density, growth management, environmental considerations, and design criteria. 2. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and remain in effect for a term of seven (7) years. Except for continuing obligations regarding affordable housing covenants and requirements, upon the expiration or termination of the term, this Agreement shall be deemed terminated and have no further force and effect. 3. Vested Right to Develop the Project. Subject to Paragraphs 3.3 through 3.8, below, and the Applicable Rules, the City hereby grants to the Property Owners the vested right to develop the Project on the Property to the extent and in the manner provided in this Agreement. Subject to Paragraphs 3.3 through 3.8, below, any change in the Applicable Rules adopted or becoming effective after the Effective-Date (Subsequent Rules) shall not be applicable to or binding upon the Project or the Property. Subject to Paragraphs 3.3 through 3.8, below, this Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under state law, the future exercise of the City's ability to regulate development of the Project. 3.1. No Conflicting Enactments. Subject to Paragraphs 3.3 through 3.8, below, neither the City Council nor any department of the City shall enact rules, regulations, ordinances or other measures which relate to the rate, timing, sequencing, density, intensity or configuration of the development of any part of the Project which is inconsistent or in conflict with this Agreement during the term of this Development Agreement. 3.2. Initiative Measures. Subject to Paragraphs 3.3 through 3.8, below, the Property Owners and the City intend that no moratorium or other limitation(whether relating to the rate, timing or sequence of the development of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, certificates of occupancy or other entitlements shall apply to the Project to the extent such moratorium or other limitation is inconsistent or conflicts with this Agreement. 3.3. Federal or State Laws. Notwithstanding any provision to the contrary contained herein,the City expressly reserves the right to modify any of the Applicable Rules to the extent necessary to comply with applicable federal or state laws, codes or regulations which preempt local jurisdiction including, by way of example, and without limiting the generality of the foregoing,the California Environmental Quality Act, all building codes, and any safety regulations, but such modifications shall be made only to the extent required thereunder. 3.4. Emergency. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to apply to the Project any development moratorium, limitation on the delivery of City-provided utility services, or other generally applicable 989489.02/OC 373217-00001/6-25-13/wrd/wrd -5- emergency rule, regulation, law or ordinance affecting land use: (1) which is based on genuine health, safety and general welfare concerns (other than general growth management issues); (2) which arises out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor, City Council or City Manager of the City; and (3) based upon its terms or its effect as applied, does not apply exclusively, primarily or disproportionately to the Project or the Property. 3.5. Project Completion. This Agreement and the EIR and associated findings, are based on the expectation that the Project will be constructed as follows: up to 459 Market Rate Rental Dwelling Units and 51 Affordable Dwelling Units will be completed for occupancy during the term of the Agreement. 3.6. Public Health Concerns. Notwithstanding any provision to the contrary contained herein,the City expressly reserves the right to apply to the Project any generally applicable rule, regulation, law or ordinance which does not affect the land use or development of the Project and which is based on concerns for the public health, safety or general welfare, including, but not limited to, building codes not otherwise preempted by State law. 3.7. New Engineering and Construction Standards. Notwithstanding any provision to the contrary contained herein, the City expressly reserves the right to modify any of the Applicable Rules if the City adopts new and/or amended regulations governing engineering and construction and grading standards and specifications including, without limitation, any and all uniform codes adopted by the City, including local amendments to these codes pursuant to state law allowing for such amendments; provided that such codes are uniformly applied to all new development projects of similar type as the Project within the City and provided further that any such modifications to grading standards can only be imposed prior to grading and any such modifications to engineering or construction standards can only be applied prior to the initiation of construction. Such codes include, without limitation,the City's Uniform Housing Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code. 3.8. Cooperation and Indemnification. The City agrees to cooperate with the Property Owners in all reasonable manners in order to keep this Agreement in full force and effect. Notwithstanding the preceding sentence, in the event any legal action instituted by a third parry or other government entity or official challenging the validity of this Agreement, the City and the Property Owners agree to cooperate in defending such action, with Property Owners I and 2 indemnifying the City pursuant to Paragraph 15 of this Agreement. In the event of any litigation challenging the effectiveness of this Agreement or any portion thereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless a court of competent jurisdiction orders otherwise. 4. Development of the Property. (a) Permitted Uses. The Property Owners agree that the Property shall only be developed in accordance with the Development Plan and any conditions and mitigation measures imposed on the Project through final approval of the Project, and the provisions of this Development Agreement. Notwithstanding anything set forth in this Agreement to the contrary, unless the Property Owners proceed with development of the Property, the Property Owners are 989489.02/OC 3732I7-00001/6-25-13/wrd/wrd -6- not obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the Project, pay any sums of money, dedicate any land, indemnify any party, or to otherwise meet or perform any obligation with respect to the Project, except and only as a condition of development of any portion of the Project. (b) Development Standards. All development and design requirements and standards applicable to the Project shall conform to the Development Plan and any conditions and mitigation measures imposed on the Project,the Huntington Beach Municipal Code, and any Applicable Rules. 5. Affordable Housing. It is the intent of the parties that the Affordable Dwelling Units shall be constructed concurrently with the Market Rate Rental Dwelling Units. The Project is subject to the requirement of providing a total of ten percent (10%)Affordable Dwelling Units, which would be 51 at full build-out, all of which shall be rental units and must remain Affordable Dwelling Units for at least fifty-five (55) years. The City and the Property Owners agree, as a condition precedent to Development, that an Affordable Housing Agreement be executed to memorialize the terms and conditions of the affordable housing components (attached hereto as Exhibit Q. The Property Owners will provide affordable units for rent, 8.4% (43 units at full build-out) of which shall be made available to and occupied by Moderate Income Households and 1.6% (8 units at full build-out) of which shall be made available to and occupied by Low Income Households. The Property Owners agree to record said affordability covenant in favor of the City to assure that affordability covenant runs with the land and remains in effect for the affordability period. The Property Owners agree to comply with all terms and provisions of the Affordable Housing Agreement and its attachments and acknowledges that any default thereunder shall also constitute a default under this Agreement. It is contemplated that multiple temporary final inspections (to allow for occupancy) will be sought during the construction of the Project. When each temporary final inspection(to allow for occupancy) is sought, approximately ten percent(10%) of the units for which it is sought will be Affordable Dwelling Units. 6. Extension of Project Approvals. Unless a longer term would result under otherwise applicable state law, the term of any permits approved as part of the Project approvals shall be automatically extended for the term of this Agreement. 7. Subsequent Discretionary Action and Approval. The City agrees not to unreasonably withhold, condition or delay any Discretionary Action or Discretionary Approval or other action or approval by the City which may be required by the Project subsequent to the execution of this Agreement. Upon the filing of a complete application and payment of appropriate processing fees by the Property Owners,the City shall promptly commence and diligently schedule and convene all required public hearings in an expeditious manner consistent with the law and process all Discretionary Actions and Discretionary Approvals in an expeditious manner. 989489.02/OC 373217-00001/6-25-13/wrd/wrd -7- 8. Compliance Review. (a) Periodic Review. Pursuant to Government Code section 65865.1, the City Manager or his or her designee shall, not less than once in every twelve (12) months, review the Project and this Agreement to ascertain whether or not the Property Owners are in full compliance with the terms of the Agreement(the "Periodic Review"). (b) Review Procedure. During a Periodic Review, the Property Owners shall provide information reasonably requested by the City Manager or his or her designee that the Project is being developed in good faith compliance with the terms of this Agreement. If, as a result of a Periodic Review, the City finds and determines on the basis of substantial evidence that the Property Owners have not complied in good faith with the terms or conditions of this Agreement, the City shall issue a written "Notice of Non-Compliance" to the Property Owners specifying the grounds therefore and all facts demonstrating such non-compliance. The Property Owner's failure to cure the alleged non-compliance within sixty (60) days after receipt of the notice, or, if such noncompliance is not capable of being cured within sixty (60) days,the Property Owner's failure to initiate all actions required to cure such non-compliance within sixty (60) days after receipt of the notice and completion of the cure of such non-compliance within one hundred twenty (120) days, shall constitute a default under this Agreement on the part of the Property Owners and shall constitute grounds for the termination of this Agreement by the City as provided for below. If requested by the Property Owners, the City agrees to provide to the Property Owners a certificate that the Property Owners are in compliance with the terms of this Agreement, provided the Property Owners reimburse the City for all reasonable and direct costs and fees incurred by the City with respect thereto. (c) Termination or Modification for Non-Compliance. Pursuant to Government Code section 65865.1, if the City Council finds and determines, on the basis of substantial evidence, that one or more of the Property Owners has not complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement as to such Property Owner or Property Owners. Any action by the City with respect to the termination or modification of this Agreement shall comply with the notice and public hearing requirements of Government Code section 65867 in addition to any other notice required by law. Additionally, the City shall give the Property Owners written notice of its intention to terminate or modify this Agreement and shall grant the Property Owners a reasonable opportunity to be heard on the matter and to oppose such termination or modification by the City. 9. Modification Amendment. Cancellation or Termination. 9.1. Amendment and Cancellation. Pursuant to Government Code section 65868, this Agreement may be amended or canceled, in whole or in part, by mutual written consent of the City and the Property Owners or their successors in interest. Public notice of the parties' intention to amend or cancel any portion of this Agreement shall be given in the manner provided by Government Code section 65867. Any amendment to the Agreement shall be subject to the provisions of Government Code section 65867.5. 989489.D2/OC 373217-00001/6-25-13/wrd/wrd -8- 9.2. Modification. The City Planning and Building Director, with the consent of the Property Owners, may make minor modifications to the Agreement without the need for formal action by the City's Planning Commission or City Council as long as such modifications do not alter the Term of this Development Agreement,the permitted uses, density or intensity of uses, the maximum height or size of buildings, provisions for reservations or Dedication of land, conditions, terms, restrictions and requirements relating to Subsequent Discretionary Actions and Approvals, and monetary contributions by the Property Owners. 10. Defaults.Notice and Cure Periods, Events of Default and Remedies. 10.1. Default By Property Owners. 10.1.1. Default. If the Property Owners do not perform their obligations under this Agreement in a timely manner, the City may exercise all rights and remedies provided in this Agreement, provided the City shall have first given written notice to the Property Owners as provided in Paragraph 15(a) hereof. 10.1.2. Notice of Default. If the Property Owners do not perform their obligations under this Agreement in a timely manner, the City through the City Manager may submit to the Property Owners a written notice of default in the manner prescribed in Paragraph 15(a) identifying with specificity those obligations of the Property Owners under this Agreement which have not been timely performed. Upon receipt of any such written notice of default, the Property Owners shall promptly commence to cure the identified default( s) at the earliest reasonable time after receipt of any such written notice of default and shall complete the cure of any such default(s) no later than sixty (60) days after receipt of any such written notice of default, or if such default(s) is not capable of being cured within sixty(60) days,no later than one hundred twenty (120) days after receipt of any such written notice of default, provided the Property Owners commence the cure of any such default(s) within such sixty (60) day period and thereafter diligently pursues such cure at all times until any such default(s) is cured. 10.1.3. Failure to Cure Default Procedure. If after the cure period provided in Paragraph 10.1.2 has elapsed, the City Manager finds and determines the Property Owners, or their successors, transferees and/or assignees, as the case may be, remains in default and that the City intends to terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, the City's Planning and Building Director shall make a report to the Planning Commission and then set a public hearing before the Planning Commission in accordance with the notice and hearing requirements of Government Code sections 65867 and 65868. If after public hearing, the Planning Commission finds and determines, on the basis of substantial evidence,that the Property Owners, or their successors, transferees and/or assigns, as the case may be, have not cured a default under this Agreement pursuant to this Paragraph 10, and that the City shall terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, the Property Owners, and their successors, transferees and/or assigns, shall be entitled to appeal that finding and determination to the City Council. Such right of appeal shall include, but not be limited to, an objection to the manner in which the City intends to modify this Agreement if the City intends as a result of a default of the Property Owners, or one of their successors or assigns, to modify this Agreement. In the event of a finding and determination that all defaults are cured, there shall be 989489.02/OC 373217-00001/6-25-13/wrd/wrd -9- no appeal by any person or entity. Subject to Paragraph 4(a) above, nothing in this Paragraph 10 or this Agreement shall be construed as modifying or abrogating the City Council's review of Planning Commission actions or limiting the City's rights and remedies available at law or in equity,which shall include (without limitation) compelling the specific performance of the Property Owner's obligations under this Agreement. 10.1.4. Termination or Modification of Agreements. The City may terminate or modify this Agreement, or those transferred or assigned rights and obligations, as the case may be, after such final determination of the City Council or, where no appeal is taken, after the expiration of the applicable appeal periods described herein. There shall be no modifications of this Agreement unless the City Council acts pursuant to Government Code sections 65967.5 and 65868, irrespective of whether an appeal is taken as provided herein. 10.1.5. Lender Protection Provisions. 10.1.5.1. Notice of Default. In addition to the notice provisions set forth in Paragraph 15(a)(2), the City shall send a copy of any notice of default sent to the Property Owners or any of their successors or assigns to any lender that has made a loan then secured by a deed of trust against the Property, or a portion thereof, provided such lender shall have (a) delivered to the City written notice ill the manner provided in Paragraph 15(a) of such lender's election to receive a copy of any such written notice of default and (b) provided to the City a recorded copy of any such deed of trust. Any such lender that makes a loan secured by a deed of trust against the Property, or a portion thereof, and delivers a written notice to the City and provides the City with a recorded copy of any such deed of trust in accordance with the provisions of this Paragraph 10.1.5.1 is herein referred to as a "Qualified Lender." 10.1.5.2. Right of a Qualified Lender to Cure a Default. The City shall send a written notice of any Property Owners default to each Qualified Lender. From and after receipt of any such written notice of default, each Qualified Lender shall have the right to cure any such default within the same cure periods as provided to the Property Owners hereunder. If the nature of any such default is such that a Qualified Lender cannot reasonably cure any such default without being the owner of the Property, or the applicable portion thereof, (as reasonably determined by the City), then so long as the Qualified Lender(s) is (are) diligently proceeding (as reasonably determined by the City) to foreclose the lien of its deed of trust against the owner of the Property, or the applicable portion thereof, and after completing any such foreclosure promptly commences the cure of any such default and thereafter diligently pursues the cure of such default to completion, then such Qualified Lender shall have an additional one hundred twenty(120) days following such foreclosure to cure any such default. 10.1.5.3. Exercise of the City's Remedies. Notwithstanding any other provision of this Agreement, the City shall not exercise any right or remedy to cancel or amend this Agreement during any cure period. 10.2. Default by the City. 10.2.1. Default. In the event the City does not accept, process or render a decision in a timely manner on necessary development permits, entitlements, or other land use 989489.02/OC 373217-00001/6-25-13/wrd/wrd -1 0' or building approvals for use as provided in this Agreement upon compliance with the requirements therefore, or as otherwise agreed to by the City and the Property Owners, or the City otherwise defaults under the provisions of this Agreement, subject to Paragraph 10.3, the Property Owners shall have all rights and remedies provided herein or by applicable law, which shall include compelling the specific performance of the City's obligations under this Agreement provided the Property Owners have first complied with the procedures in Paragraph 10.2.2. 10.2.2. Notice of Default. Prior to the exercise of any other right or remedy arising out of a default by the City under this Agreement, the Property Owners shall first submit to the City a written notice of default stating with specificity those obligations which have not been performed under this Agreement. Upon receipt of the notice of default,the City shall promptly commence to cure the identified default(s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure of such default(s) no later than thirty (30) days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default(s), provided the City shall continuously and diligently pursue each remedy at all times until such default(s) is cured. In the case of a dispute as to whether the City is in default under this Agreement or whether the City has cured the default, or to seek the enforcement of this Agreement, the City and the Property Owners may submit the matter to negotiation/mediation pursuant to Paragraph 15(o) of this Agreement. 10.3. Monetary Damages. The Property Owners and the City acknowledge that neither the City nor the Property Owners would have entered into this Agreement if either were liable for monetary damages under or with respect to this Agreement or the application thereof. Both the City and the Property Owners agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages which would adequately compensate the Property Owners for their investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify such exposure. Therefore, the City and the Property Owners agree that neither shall be liable for monetary damages under or with respect to this Agreement or the application thereof and the City and the Property Owners covenant not to sue for or claim any monetary damages for the breach of any provision of this agreement. The foregoing waiver shall not be deemed to apply to any fees or other monetary amounts specifically required to be paid by the Property Owners to the City pursuant to this Agreement, including, but not limited to, any amounts due pursuant to Paragraph 15(g) and 15(m). The foregoing waiver shall also not be deemed to apply to any fees or other monetary amounts specifically required to be paid or credited by the City to the Property Owners pursuant to this Agreement, including, but not limited to any fee credits specifically required to be credited by the City to the Property Owners or their assignee(s). 11. Administration of Agreement and Resolution of Disputes. The Property Owners shall at all times have the right to appeal to the City Council any decision or determination made by any employee, agent or other representative of the City concerning the Project or the interpretation and administration of this Agreement. All City Council decisions or determinations regarding the Project or the administration of this Agreement shall also be subject to judicial review pursuant to Code of Civil Procedure section 1094.5. provided that,pursuant to Code of Civil Procedure section 1094.6, any such action must be.filed in a court of competent jurisdiction not later than ninety (90) days after the date on which the City Council's decision 989489.02/OC 373217-00001/6-25-13/wrd/wrd -1 1- becomes final. In addition, in the event the Property Owners and the City cannot agree whether a default on the part of the Property Owners, or any of their successors or assigns, under this Agreement exists or whether or not any such default has been cured, then the City or the Property Owners may submit the matter to negotiation/mediation pursuant to Paragraph 15(o). 12. Recordation of this Agreement. Pursuant to Government Code section 65868.5, the City Clerk shall record a copy of this Agreement in the Official Records of the County within ten(10) days after the mutual execution of this Agreement. 13. Constructive Notice and Acceptance. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property. 14. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the City and the Property Owner and their respective successors and assigns. No other person or entity shall have any right of action based upon any provision of this Agreement. 15. Miscellaneous. (a) Notices. All notices which are allowed or required to be given hereunder shall be in writing and (1) shall be deemed given and received when personally delivered or (2) shall be sent by registered or certified mail or overnight mail service, addressed to the applicable designated person by one party to the other in writing, and shall be deemed received on the second business day after such mailing. If to the City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Manager Tel. No.: (714) 536-5575 Fax No.: (714) 536-5233 If to Property Owner 1: Pedigo Gothard, LLC. 4000 SE Columbia Way Vancouver, WA 98661 Attn: Rick Pedigo Tel. No.: 360-695-3500 Fax No.: 989489.02/OC 373217-00001/6-25-13/wrd/wrd -12- If to Property Owner 2: Pedigo South Edinger, LLC. 4000 SE Columbia Way Vancouver, WA 98661 Attn: Rick Pedigo Tel. No.: 360-695-3500 Fax No.: If to Property Owner 3: George W. Psaros Trust 52 Vista Montemar Laguna Niguel, CA 92677 Attn: George M. Psaros Tel. No.: 949-388-8808 Fax No.. Allen Matkins Leck Gamble Mallory &Natsis LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attn: William R. Devine, Esq. Tel. No.: (949) 553-1313 Fax No.: (949) 553-8354 (b) Severability. If any part of this Agreement is declared invalid for any reason, such invalidity shall not affect the validity of the remainder of the Agreement unless the invalid provision is a material part of the Agreement. The other parts of this Agreement shall remain in effect as if this Agreement had been executed without the invalid part. In the event any material provision of this Agreement is determined to be invalid, void or voidable, the City or the Property Owners may terminate this Agreement. (c) Entire Agreement; Conflicts. This Agreement represents the entire agreement between the City and the Property Owners with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the City and the Property Owners with respect to the matters contained in this Agreement. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Applicable Rules or the Subsequent Applicable Rules,then the provisions of this Agreement shall govern and prevail. (d) Further Assurances. The City and the Property Owners agree to perform, from time to time, such further acts and to execute and deliver such further instruments reasonably to effect the intents and purposes of this Agreement, provided that the intended obligations of the City and the Property Owner are not thereby modified. (e) Inurement and Assignment. This Agreement shall inure to the benefit of and bind the successors and assigns of the City and the Property Owners, may be assigned by either the City or any of the Property Owners to any party or parties purchasing all or any part of 989489.02/OC 373217-00001/6-25-13/wrd/wrd -13- the Property, or any interest therein pursuant to the provisions of this Paragraph 15(e). The specific rights and obligations of this Agreement shall be deemed covenants running with the land that concern and affect the Property Owner's interest in the Property. Prior to a Property Owner's assignment of any rights, duties or obligations under this Agreement, the Property Owner shall present such information required by the City in its commercially reasonable discretion to demonstrate to the City's satisfaction that the proposed successor and/or assignee has the financial ability and experience to fulfill those specific rights, duties and obligations under the Agreement that the successor and/or assignee would assume. The City shall have the right to approve the proposed successor and/or assignee,provided that the City's approval may not be unreasonably withheld, conditioned or delayed. Property Owner 3 is under contract to sell its interest in the Property to Property Owner 2 or an affiliate of Property Owner 2. The City approves of such transfer and does not require any further information in this regard. The provisions of this Paragraph 15(e) shall be self-executing and shall not require the execution or recordation of any further document or instrument. The City's approval rights over a successor or assignee of a Property Owner shall terminate upon issuance of the final inspection for the proj ect. (f) Release Upon Transfer. Upon any transfer of a Property Owner's rights and interests under this Agreement in accordance with Section 15(e) above, said Property Owner shall be released from its obligations under this Agreement with respect to the Property, or portion thereof so conveyed, provided the Property Owner is not in default under this Agreement and has complied with the requirements of Section 15(e) above. Following such release, said Property Owner shall not be responsible for any non-compliance with this Agreement by the successor/transferee and, assuming said Property Owner has conveyed all its interest in the Property subject to this Agreement, shall be released of all obligations under this Agreement. Likewise, following such a conveyance and transfer ,non-compliance with any terms of this Agreement by any such assigning Property Owner, who is no longer a parry to the Agreement, shall not be deemed a default under this Agreement; shall not be grounds for termination of this Agreement; and shall not constitute cause for City to initiate an enforcement action against the remaining parties subject to this Agreement. (g) Negation of Agency. The City and each of the Property Owners acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and the Property Owners joint venturers, partners or employer/employee. (h) Attorney's Fees. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for declaratory relief, the prevailing party in such action or proceeding shall not be entitled to recover its court costs and reasonable out-of-pocket expenses. (i) Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the parry against whom enforcement of a waiver is sought. 989489.02/OC 373217-00001/6-25-13/wrd/wrd -14- 0) Force Majeure. Performance by either parry hereunder shall not be deemed to be in default where delays or defaults are due to one or more of the following events, providing that anyone or more of such event(s) actually delays or interferes with the timely performance of the matter to which it would apply and despite the exercise of diligence and good business practices and such event(s) are beyond the reasonable control of the party claiming such interference: wax, terrorism, terrorist acts, insurrection, strikes, lock-outs, unavailability in the marketplace of essential labor, tools, materials or supplies, failure of any contractor, subcontractor, or consultant to timely perform (so long as the Property Owner(s)is/axe not otherwise in default of any obligation under this Agreement and is exercising commercially reasonable diligence of such contractor, subcontractor or consultant to perform),riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, a Recession or unusually severe weather. An extension of time for any such cause(a "Force Majeure Delay") shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty(30) days of actual knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such parry obtained knowledge, the date and the event commenced, and the estimated delay resulting therefrom. (k) Parag_raph Headings. The paragraph headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. (1) Time of Essence. Time is of the essence of this Agreement, and all performances required hereunder shall be completed within the time periods specified. Any failure of performance shall be deemed as a material breach of this Agreement. (m) Counterparts. This Agreement and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document. (n) Indemnification. Property Owners 1 and 2 agree, as a condition of approval of this Agreement, to indemnify, defend and hold harmless at the expense of Property Owners 1 and 2 , the City, the City Council, and the City's agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of this Agreement to determine the reasonableness, legality or validity of any provision hereof or obligation contained herein. Property Owners 1 and 2 also agree to indemnify the City, the City Council, and the City's officials, agents and employees for any claims, acts or proceedings relating to the Property Owners failure to comply with the Project's affordable housing requirements. The indemnity described in this section is not subject to the provisions of paragraph 4.a. providing that obligations cease if the Project does not go forward. 989489.02/OC 373217-00001/6-25-13/wrd/wrd -15- The City shall promptly notify the Property Owners of any such claim, action or proceeding of which the City receives notice, and the City will cooperate fully with the Property Owners in the defense thereof. Property Owners 1 and 2 shall provide a defense to the City with counsel reasonably selected by Property Owners 1 and 2 and the City to defend both the City and the Property Owners, and shall reimburse the City for any court costs which the City may be required to pay as a result of any such claim, action or proceeding. The City may, in its sole discretion, participate in the defense of any such claim, action or proceeding at its own expense, but such participation shall not relieve Property Owners 1 and 2 of the obligations of this Paragraph 15(m). (o) Hold Harmless Agreement. The City and the Property Owners mutually agree to, and shall hold each other and each of the other's elective and appointed councils, boards, commissions, directors, officers,partners, agents, representatives and employees harmless from any liability for damage or claims for personal injury, including death, and from claims for property damage which may arise from the activities of the other or the other's contractors, subcontractors, agents, or employees which relate to the Project whether such activities be by the City or the Property Owners, or by any of the City's or the Property Owner's contractors, subcontractors, or by anyone or more persons indirectly employed by, or acting as agent for the Property Owners, any of the Property Owner's or the City's contractors or subcontractors. The City and the Property Owners agree to and shall defend the other and each of the other's elective and appointive councils, boards, directors, commissioners, officers, partners, agents,representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. (p) Alternative Dispute Resolution Procedure. (1) Dilute. If a dispute arises concerning whether the City or the Property Owners or any of the Property Owner's successors or assigns is in default under this Agreement or whether any such default has been cured or whether or not a dispute is subject to this Paragraph(a "Dispute"), then such dispute shall be subject to negotiation between the parties to this Agreement, and if then not resolved shall be subject to non-binding mediation, both as set forth. below, before either party may institute legal proceedings. (2) Negotiation. If a Dispute arises,the parties agree to negotiate in good faith to resolve the Dispute. If the negotiations do not resolve the Dispute to the reasonable satisfaction of the parties within 15 days from a written request for a negotiation,then each party shall give notice to the other party identifying an official or executive officer who has authority to resolve the Dispute to meet in person with the other party's designated official or executive officer who is similarly authorized. The designated persons identified by each party shall meet in person for one day within the 20-day period following the expiration of the 15-day period and the designated persons shall attempt in good faith to resolve the Dispute. If the designated persons are unable to resolve the Dispute,then the Dispute shall be submitted to non-binding mediation. 989489.02/OC 373217-00001/6-25-13/wrd/wrd -16- (3) Mediation. (i) Within 15 days following the designated persons' meeting described in paragraph 15(o)(2), above, either parry may initiate non-binding mediation(the "Mediation"), conducted by Judicial Arbitration& Mediation Services, Inc. ("JAMS") or other agreed upon mediator. Either party may initiate the Mediation by written notice to the other Ply (ii) The mediator shall be a retired judge or other mediator, selected by mutual agreement of the parties, and if they cannot agree within 15 days after the Mediation notice, the mediator shall be selected through the procedures regularly followed by JAMS. The Mediation shall be held: within 15 days after the Mediator is selected, or a longer period as the parties and the mediator mutually decide. (iii) If the Dispute is not fully resolved by mutual agreement of the parties within 15 days after completion of the Mediation,then either party may institute legal proceedings. (iv) The parties shall bear equally the cost of the mediator's fees and expenses, but each party shall pay its own attorneys' and expert witness fees and any other associated costs. (4) Preservation of Rights. Nothing in this Paragraph shall limit a parry's right to seek an injunction or restraining order from a court in circumstances where such equitable relief is deemed necessary by a party to preserve such party's rights. (q) Reference of California Law. Unless expressly stated to the contrary, all references to statutes herein are to the California codes. (r) Interpretation. The language in all parts of this Agreement shall in all cases be construed simply, as a whole and in accordance with its fair meaning and not strictly for or against any party. The parties hereto acknowledge and agree that this Agreement has been prepared jointly by the parties and has been the subject of arm's length and careful negotiation over a considerable period of time, that each party has independently reviewed this Agreement with legal counsel, and that each party has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions hereof. Accordingly, in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement shall not be interpreted or construed against the party preparing it, and instead other rules of interpretation and construction shall be utilized. 989489.02/OC 373217-00001/6-25-13/wrd/wrd -1 7- IN WITNESS WHEREOF, the City and the Property Owners have each executed this Agreement as of the date first written above. PEDIGO GOTHARD, LLC, CITY OF HUNTINGTON BEACH, a corporation a California municipal corporation Mayor By. Name: i lerk Title: f� APPROVED AS TO FORM: City Attorney PEDIGO SOUTH EDINGER, LLC, INITIATED AND APPROVED: a C A- corporation `,� I,� ' " By: :5 ,1��'I z4p Director ot Pidnning ai A Building By: Name: oi'Ct / ' 1,50 Title: _ �f '7f � REVIE ND APPROVED: GEORGE. W. PSAROS TRUST, By: C• anager By: Name: Title: 989489.02/OC 3 7 3 217-00 00 1/6-25-13/wrd/wrd -1 g' ACKNOWLEDGMENT W,q-s wi lu State of G��,Tia ) County of 9 e On 9 I '/l 3 , before me, e' z t"" h�o V 1 S sert name of notary) Notary Public,personally appeared /Gib /ined I who proved to me on the basis of satisfactory evidence to be the person(s whose name(s) is/are subscribed to the within instrument and 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �✓ � (Seal) $tam ofWL&" coodaim ZVhW 1t�6/16✓.2+OLf 989489.02/OC 373217-00001/6-25-13/wrd/wrd -19- ACKNOWLEDGMENT State of California ) County of Orange ) On plernbeir 2X 13 , before me, LUo S (insert n of notary) ^ Notary Public, personally appeared ? ar of am e J V- , who proved to me on the basis of satisfactory vidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that lwsk/they executed the same in her/their authorized capacity(ies), and that by hi&4}er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LUIS HERNANDEZ WITNESS my hand and official seal. commission#1959081 �d Notary Public-California Orange County M Comm.Ea Tres Nov 3 01 Signa (Seal) 7�� 989489.02/OC 373217-00001/6-25-13/wrd/wrd -20- ACKNOWLEDGMENT State of California ) County of Orange ) On --1 aD 3 , before me, �• L - C Z,4, P Z q , . (ins ame of no Notary Public, personally appeared%Z-" L• �[. �nl R�Jr� N O who proved to me on the basis of satisfactory evidence to be the person s� hose names are subscribed to the within instrument and acknowledged to me that k@446ZED executed the same in hLQ44a4th ' authorized capaci ies and that by lei i thei signature(Dn the instrument the persoroor the entity upon behalf of which the perso s cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �P L. s WITNESS my hand and official seal. Commission*2032750Notary Public-CaiitmrMa Orange County My Comm.Exores Agil 4,2017 Signature (Seal) 989489.02/OC 373217-00001/6-25-13/wrd/wrd -2 1- EXHIBIT A LEGAL DESCRIPTION 989489.02/OC EXHIBIT A 373217-00001/6-25-13/wrd/wrd -I- PEDIGO PRODUCTS,INC.-LEGAL DESCRIPTION APN: 142-321-01 & 142-321-02 PARCEL 1: ' LOT 6 OF TRACT NO. 4064, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF { ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 142, PAGES 36 AND 37 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE, FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONAL DRILLING OR OTHER OPERATIONS FROM OTHER LAND,ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE; BUT WITH (AND THERE SHALL BE)NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF ENTRY UPON OR USE OF THE SURFACE, OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK DATED DECEMBER 18, 1936, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T. PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. PARCEL 2: LOT 7 OF TRACT NO. 4064, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 142,PAGES 36 AND 37 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE, FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONAL DRILLING OR OTHER OPERATIONS FROM OTHER LAND,ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE; BUT WITH (AND THERE SHALL BE)NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF ENTRY UPON OR USE OF THE SURFACE, OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A.PECK DATED DECEMBER 18, 1936, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T. PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. The above-referenced property is subject to the following mortgages:NONE. i PEDIGO SOUTH,INC.-LEGAL DESCRIPTION APN: 142-321-10& 142-321-12 PARCEL 1: THAT PORTION OF LOT 8, TRACT 4064,RECORDED IN BOOK 142,PAGES 36 AND 37, MISCELLANEOUS MAPS,- RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN ON PARCEL MAP IN BOOK 2, PAGE 31 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,CALIFORNIA. EXCEPTING THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, PETROLEUM, NAPHTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE, FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONALLY DRILLING OR OTHER OPERATIONS FROM OTHER LAND,ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE; BUT WITH (AND THERE SHALL BE) NO RIGHT UNDER SUCH EXCEPTIONS AND RESERVATIONS OF ENTRY UPON TO USE OF THE SURFACE,OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES E. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK, DATED DECEMBER 18, 1936,AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T. PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. PARCEL 2: THAT PORTION OF LOT 8 IN TRACT NO-4064,AS SHOWN ON A MAP RECORDED IN BOOK 142, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 5, PAGE 36 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,CALIFORNIA. i EXCEPTING THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, j PETROLEUM, NAPTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED, DISCOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONALLY DRILLING OR OTHER OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE BUT WITH AND THERE SHALL BE NO RIGHT UNDER SUCH EXCEPTIONS AND RESERVATIONS OF ENTRY UPON THE USE OF THE SURFACE, THE SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY MYER PECK, CHARLES THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK, DATED DECEMBER 1, 1935, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND-BY DOROTHY T. PECK, A WIDOW IN HER INDIVIDUAL CAPACITY,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. The above-referenced property is subject to the following mortgages:NONE. PSAROS FAMILY TRUST—LEGAL(DESCRIPTION APN: 142-321-13 PARCEL 2 OF PARCEL MAP, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 5 PAGE(S) 36, OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, The above-referenced property is subject to the following mortgages: NONE. EXHIBIT B THE PROJECT (APPROVED SITE PLAN) 989489.02/OC EXHIBIT B 373217-00001/6-25-13/wrd/wrd -I- i EDING-ER AVE. TE ji �I c2` C1 ' ,Jil:�l�'J f.44EA:3 �if.tn' Al B2. A s .° _ I nnnovw.v 82 yy " III A3 A3 - n< T S• I'c1eoUn,Y�no rlNq B2 v1 Ii l A3 B3 Al ` veal N A3 -4 Al -_ AR4+ -— e2 A3 Al 1. t. .1 y _ Al •-v U I � e I .. l li;I I,II A3., A 1 it 1°UI .1 °f 1.f — Al e2 �ttl h2 eiaU�u 41 ia' Ap, e2 _ I i h1 �It1 ,rA I' III cl �oL6+141 Y] B2 "� A, wnlnmw,o,�i` 1 I ® rooLnnM I � �271-- =... Al runmovsx evncE Al I LLf . 1.74 f h A3 Icou,nnnoruav A3 ^3 I, �._ 82 — A3 n„ 1 ,2 t•o Al I C IG f I A� 83 — B3 B3 . — — e3 e2 A3 B I B2 - .,I. t APPLICANT: - edigo Soutlt,/ncEhST-WE�F ', Al — I 4000 SE Columbia Way A3 ^^^^^ I Vancouver,Washington 9666f 82 _ ! �'.I (360)695-3500 Affn:Rick Pedigo Al Al _ •: —�• 'r' �' LEGAL OESCRIPIlON: J Al A T THE LAND IS SITUATED IN THE STATE 13 F CALIFORNIA,COUNTY OF ORANGE AND 150ESC6IB E0 A5 7. l� R '.." B3 '�2 �'R. Al A3 I 11 Follows:; I 'I LOTS 6 AND Y OF TRACT ND..AD64,AS PER MAP FILED IN BOOK 142,PAGES 36 AND 32 OF MISCELLANEOUS MAP;IN THE OFFICE OFTHE COUNTY RECORDER OF ORANGE COUNTY. B2 g2 A3 Aq B^ h4 B2 gY 9." ��, A3 I I, PARCEL L,ASSHDWN DNA MAP FILED IN BOOK 2,PAGE 31 OF PARCELMAPS,IN THEBEFICEOFTHE COUNTY RECORDER,OF ORANGE COUNTY.. `113011-� PARCELS 4 AN62,ASSHOWNDNA MAP FILED IN BOOK 5,PAGE36UF PARCEL MAPS,INTHE OFFICE OF TH E COVNTYRECORDEROFDRANGECDUNTY. CONNECTION ! I I ! 9 'I NORTH 0' 40' 80' 120' SCALE, 9"=40' III I I .I I I U'•I I I I,I I I I .I I-I I f3-099 JUD 10,20f3 A2.LSl7E PLAN PAN NA,ITEM DATE 1 BVBMITTAI EDINGER AND G0THARD APARTMENTS HUNTINGTON BEACH, CA =9VBMITTAI eq,°2 002.12.12 ] SUBMITTAL I1.2B.12 A eVBMITTAL el.2.1] S,A S BUBMITTAI U].28.1] PEDIGO SOUTH, INC. ARCHITECTS ORANGE L T BU BMITTgI 66.16.1] 40005E COLUMB7A WAY VANCOUVER,WASHINGTON,96661 144 NORTH ORANGE ST.,ORANGE,CALIFORNIA 97666 (714)639-9660 XABE FILE NOMBEIVILS: I �I dl Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II II II III III �1 H1[ 1Hl E 11 i 11 NO FEE * $ R 0 0 0 8 3 2 6 6 6 2 $ 201600018201311:25 am 04126116 RECORDING REQUESTED BY 90 404 A19 15 AND WHEN RECORDED MAIL TO 0.00 0 00 0 00 0.00 42.00 0 00 0 00 0.00 CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attention- City Clerk ALLEN MATKINS LECK GAMBLE MALLORY&NATSIS LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attention William R Devine, Esq (Space Above For Recorder's Use) AFFORDABLE HOUSING AGREEMENT RESTRICTIONS—RENTAL (DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY) Tlus Affordable Housing Agreement and Declaration of Conditions, Covenants and Restrictions for Property (the "Declaration") is made as of /d' , 2016, by and between Monogram Residential Huntington Beach Project Owner, LP, a Delaware limited partnership (the "Property Owner") and THE HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a California municipal corporation(the "Housing Authority" or "Covenantee") RECITALS A Property Owner is the owner of record of that certain real property located at 16001 and 16091 Gothard Street, 7280 Edinger Avenue, and 7262 and 7266 Edinger Avenue, Huntington Beach, California 92646 (the "Subject Property"), in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exlubit A B The Property Owner seeks to develop a project on the Property consisting of 510 dwelling uruts and associated uses The project also includes at least 25,815 square feet of public open space, as more particularly set forth in the Development Plan(collectively, the "Project") approved by Site Plan Review No. 12-002, all in accordance with the General Plan, as it may be amended from time to tune (the "General Plan") adopted by the City Council of the City (the "City Council") and the Zoning Code nits dapUment LS solely(Or the officla, bu$kWss of the City of HuntuVtw Beach,as contamplated under GOVWT"�n 1�c is sw WZ Ord 1064575 03/0C sMhlid 63 iauxuoa i79b OP 373217-00001/2-17-16/wrdrwrd -t- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attention City Clerk ALLEN MATKINS LECK GAMBLE MALLORY&NATSIS LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attention William R Devine, Esq (Space Above For Recorder's Use) AFFORDABLE HOUSING AGREEMENT RESTRICTIONS—RENTAL (DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY) This Affordable Housing Agreement and Declaration of Conditions, Covenants and Restrictions for Property (the "Declaration") is made as of Amoo , y /e , 2016, by and between Monogram Residential Huntington Beach Project Owner, LP, a Delaware limited partnership (the "Property Owner") and THE HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a California municipal corporation(the "Housing Authority" or "Covenantee") RECITALS A Property Owner is the owner of record of that certain real property located at 16001 and 16091 Gothard Street, 7280 Edinger Avenue, and 7262 and 7266 Edinger Avenue, Huntington Beach, California 92646 (the "Subject Property"), in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit A B The Property Owner seeks to develop a project on the Property consisting of 510 dwelling units and associated uses The project also includes at least 25,815 square feet of public open space, as more particularly set forth in the Development Plan(collectively, the "Project") approved by Site Plan Review No 12-002, all in accordance with the General Plan, as it may be amended from time to time (the "General Plan") adopted by the City Council of the City (the "City Council") and the Zoning Code This dooiment is solely for the official bBeach,as usiness of unfington oonl empiew under 1064575 03/OC EXHIBIT C C-mernment Code Sec e1()3 and 373217-00001/2-17-16/wrd/wrd -I- should b?recorded f e of charge v C The City imposed conditions of approval on the Project, in part that the Property Owners provide affordable housing As part of the plan to provide affordable housing, the City and the Property Owner's predecessors-in-interest entered into a Development Agreement which requires as a condition that an Affordable Housing Agreement be executed requiring the Property Owner to provide affordable rental units for a certain period of time Specifically, the Property Owner is required to/has agreed to provide 8 4% (43 units with full build-out) within the Project available for rent to Moderate Income Households (as that term is defined in the Development Agreement) and 1 6% (8 units with full build-out) within the Project available for rent to Low Income Households(as that term is defined in the Development Agreement) for a period of 55 years as further defined herein The execution and recordation of this Declaration is intended to fully satisfy that condition NOW, THEREFORE, the parties hereto agree and covenant as follows 1 Affordability Covenants Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereof that the Project approved by Site Plan Review 12-002, which consists of 510 units, 51 of which shall be designated as affordable and shall be held subject to this Declaration for fifty-five years from the date final inspection has been approved by the City as follows (a) Qualified Households Covenantor agrees to make available, restrict occupancy to, and to lease 51 units for the duration of the Affordability Period as defined herein These 51 units may sometimes be referred to as an "Affordable Unit" or, collectively, the "Affordable Units " Each Affordable Unit shall be occupied by Moderate-Income Households as that term is defined in the Development Agreement adjusted for the actual number of persons in the Household that will reside in the Affordable Unit As used in this Declaration, the term "Household" shall mean one or more persons, whether or not related, living together in an Affordable Unit that rent or lease any portion of the Affordable Unit As used in this Declaration, the term "Covenantor" shall mean the Property Owner, its successors and assigns, and every successor to any of the Property Owner's interest in the Project, or any part thereof (b) Duration The term of this agreement shall commence on the date that the Final Inspection for the thirtieth (30th) affordable unit is approved by the City and will continue for 55 years thereafter ("Affordability Period") The covenant contained in this Section 1 shall run with the Project and shall automatically terminate and be of no further force or effect upon the expiration of the Affordability Period (c) Income Qualification Prior to the lease of an Affordable Unit to any Household, Covenantor shall submit to the Covenantee a completed income computation and certification form, in such form as is generally used by City in administering its affordable housing program as may be amended from time to time Covenantor shall certify that, to the best of its knowledge, each Household is a Low Income Household or a Moderate Income Household that meets the eligibility requirements established for the particular Affordable Unit occupied by 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -2- such Household Covenantor shall obtain an income certification from each adult member of the Household and shall certify that, to the best of Covenantor's knowledge, the income of the Household is truthfully set forth in the income certification form Furthermore the Covenantor shall, on renewal of the annual lease for the particular Affordable Unit, again obtain income certification from each adult member of the Household and submit to the Covenantee a recertification form that shall certify, to the best of Covenantor's knowledge, each Household is a Moderate-Income Household that meets the eligibility requirements established for the particular Affordable Unit occupied by such Household Covenantor shall verify the income certification of the Household in one or more of the following methods (1) Obtain two (2)paycheck stubs from two (2) most recent pay periods for each adult member of the Household (2) Obtain a copy of an income tax return certified to be true and complete for the most recent tax year in which a return was filed, for each adult member of the Household (3) Obtain an income verification certification from the employer of each adult member of the Household (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Household receives assistance from such agencies (5) Obtain an alternate form of income verification reasonably requested by Covenantee, if none of the above forms of verification is available to Covenanter If, at the time of the annual lease renewal of an Affordable Unit to an eligible Household, the Covenantor learns that Household's income increases above the income level permitted for that unit, the Household shall continue to be permitted to reside in such Affordable Unit, for no more than one year Notwithstanding the foregoing, Covenantor, at the City's discretion, shall have the option, in its commercially reasonable discretion, to designate another dwelling unit as an Affordable Unit during that one year period so that the Household may continue to occupy a unit in the Project, if the Household and the Covenantor so agree (d) Determination of Affordable Rent for the Affordable Units The rent for each Affordable Unit(the "Affordable Rent") shall be adjusted annually by the following formula established by California Health and Safety Code Section 50053 upon the publication of the revised Area Median Income This methodology sets the rent at 1/12 of thirty percent (30%) of sixty percent (60%) of the Area Median Income adjusted for family size appropriate to the unit for Low Income Households and at 1/12 of thirty percent (30%) of one-hundred ten percent (110%) of the Area Median Income adjusted for family size appropriate to the unit for Moderate Income Households As used herein, for the purpose of calculating the Affordable rent, "adjusted for family size appropriate to the unit" shall mean a household of one person in the case of a studio Affordable Dwelling Unit, two persons in the case of a one-bedroom Affordable Dwelling Unit, and a household of three persons in the case of a two-bedroom Affordable 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -3- Dwelling Unit The income limits and Affordable Rents in effect as of the date of this Agreement are attached hereto as Exhibit B and incorporated herein by this reference COVENANTOR UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT , NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS COVENANTOR HEREBY AGREES TO RESTRICT THE AFFORDABLE TS ACCORDINGLY X��) CO E OR'S INITIALS In the event state law referenced herein is amended, the terms of this Agreement shall automatically be amended to remain consistent with State law (e) Annual Report Within sixty(60) days after the end of each calendar year during the Affordability Period, Covenantor shall submit to Covenantee a report verifying Covenantor's compliance with the provisions of this Declaration("Annual Report") Covenantor's final Annual Report shall be submitted to Covenantee within sixty(60) days after the end of the Affordability Period Each Annual Report shall identify the location of the Affordable Units for the applicable reporting period,the identity of each Household member occupying an Affordable Unit during any portion of such period, the income and household size of each such Household, the Affordable Rent for each of the Affordable Units, and the rent actually charged pursuant to the lease or rental agreement If Covenantee prescribes a particular form to be utilized by Covenantor in preparing the Annual Report, Covenantor shall utilize said form, provided that it complies substantially with the foregoing requirements 2 Non-Discrimination Covenants Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit Covenantor and its successors and assigns shall refrain from restricting the leasing of the Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, of any person All such leases shall contain or be subject to substantially the following nondiscrimination or nonsegregation clause 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -4- "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased " 3 Use Restrictions During the Affordability Period, Covenantor shall be required to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit has knowledge of all terms and conditions of this Declaration by including in each and every lease and rental agreement a clause which incorporates this Declaration by reference and makes this Declaration a part of an attachment to such lease or rental agreement In addition, during the Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain provisions that the Affordable Unit shall be occupied, used, and maintained as follows (a) The Affordable Unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes, provided, however, that home occupation businesses conducted in compliance with the City's Municipal Code and other City regulations shall be considered an appropriate use for private dwelling purposes, (b) Household Size The maximum number of persons that may occupy an Affordable Unit shall be based on unit size Unit Size Household Size 0 bedroom (studio) 2 persons 1 bedroom 3 persons 2 bedrooms 5 persons (c) the Household shall not permit or suffer anything to be done or kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, and shall not impair the structural integrity thereof obstruct or interfere with the rights of other occupants, or annoy such occupants by unreasonable noises or otherwise, nor shall any Household commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon, (d) The Household shall not sublease any or all parts of the Affordable Unit without prior written approval from Covenantor and Covenantee, 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -5- (e) The Household shall comply with all of the lawful requirements of all governmental authorities with respect to the premises, (f) No person shall be permitted to occupy the premises for transient or hotel purposes, and (g) The Household shall comply in all respects with this Declaration and any failure by the Household to comply with the terms of this Declaration shall be a default under the Household's lease or rental agreement 4 Covenants for Benefit of Housing Authority All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and such covenants shall run in favor of Covenantee for the entire period during which time such covenants shall be in force and effect The Covenantee, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any such action at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these covenants may be entitled during the term ,specified for such covenants, except the covenants against discrimination which may be enforced at law or in equity at any time in perpetuity 5 Binding on Successors and Assigns The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on each Covenantor and any successor to such Covenantor's right, title, and interest in and to all or any portion of the Project, for the benefit of and in favor of the Housing Authority of the City of Huntington Beach All the covenants contained in this Declaration shall remain in effect for the Affordability Period, and shall automatically terminate and be of no further force or effect after such time Upon expiration of the Affordability Period, Covenantee agrees to cooperate with Covenantor, at no cost to Covenantee in removing this Declaration of record from the Subject Property 6 Counterparts This Agreement may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document 7 Notices All notices which are allowed or required to be given hereunder shall be, in writing and (1) shall be deemed given and received when personally delivered or (2) shall be sent by registered or certified mail or overnight mail service, addressed to the applicable designated person by one party to the other in writing, and shall be deemed received on the second business day after such mailing If to the Housing Authority City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn Office of Business Development Tel No (714) 536-5582 Fax No (714) 536-5233 Email dbazant@surfcity-hb org 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -6- If to Property Owner Monogram Residential Huntington Beach Project Owner, LP 5800 Granite Parkway, Suite 1000 Plano, Texas 75024 Attn Jim McGinley, Peggy Daly and Daniel Rosenberg Tel No 469-250-5500 Fax No 469-828-6650 Email jmcginley@monogramres com Email pdaly@monogramres com Email dosenberg@monogramres com Allen Matkins Leek Gamble Mallory &Natsis LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attn William R Devine, Esq Tel No (949) 553-1313 Fax No (949) 553-8354 Email wdevine@allenmatkins com 8 Applicable Law (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that any such invalid provision affects the consideration for this Agreement, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law (b) This Agreement shall be construed in accordance with the laws of the State of California and all applicable HUD Housing Quality Standards and City Codes 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -7- IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized as of the date set forth above Monogram Residential Huntington Beach CITY OF HUNT TON BEACH, Project Owner, LP, a C i4mu1 rpor tiona Delaware limited partnership By Monogram Residential Huntington Beach Project GP, LLC, a Delaware ay limite,lia > ty company, its general partner BY 4�� rty Jerk Name (it S J . ��%�c�i�w(o•.1 11\ Title " ?w�� �i�L-k eq*' 'CLr A APPROVED AS RM City 0orney 6 INITIATED AND APPROVED' 44kk� ►�l Dirc-c'tor`of'Mr1uhj and Building REVIEWED AND APPROVED 60149�— CitypAaler 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -8- ACKNOWLEDGMENT State of Eahf"R4a ) County of Qgaage 0—CLLI n- ) On T6fU4 '-1 kt-, a0 fte , before me, _V�n 1VQ-1 (insert name of notary) Notary Public, personally appeared -�SAMC15 J.. A&C-6)I y ¶T , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and 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 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (Seal) SHANWN L RICHIE My Commission Expires October 20,2019 F(9 1064575 03/0C 373217-00001/2-17-16/wrd/wrd -9- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document State of California ) County of �-- On�/L �� ZO/(o before me, 14 Date Here Insert Name and Title of the Offsd e-r personally appeared���7L—� / y,C�jS /�Nl� OlCj,C�,,V Z /Z�dtJn� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso s hose name s j are subscribed to the within instrument and acknowledged to me that a executed the same in hrsfhe eir authorized capacity es and that&DItsfhe ei signatures pn the instrument the perso s) or the en ity upon behalf of which-the person cted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS y hand d official seal P L ES PARZA Commission #2032750 Signature ` z 's Notary Public -California z Orange County Signature o Nota Public z D My Comm Expires Aug 4,2017+ ' Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document. Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association -www NationalNotary org • 1-800-US NOTARY(1-800-876-6827) Item #5907 ;3 r EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS PARCEL 1 APN 142-321-02 LOT 6 OF TRACT NO 4064, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 142, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO,THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE, FOR THE PURPOSE OF EXPLORING AND DRILLING FOR,MINING,DEVELOPING,REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES,BY SLANT OR DIRECTIONAL DRILLING OR OTHER OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE,BUT WITH(AND THERE SHALL BE)NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF ENTRY UPON OR USE OF THE SURFACE, OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE,AS RESERVED BY DOROTHY THAYER PECK, CHARLES H THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A PECK DATED DECEMBER 18, 1936,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST AND BY DOROTHY T PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST PARCEL 2 APN 142-321-01 LOT 7 OF TRACT NO 4064, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 142, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE,WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO,THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE, FOR THE PURPOSE OF EXPLORING AND DRILLING FOR,MINING,DEVELOPING,REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES,BY SLANT OR DIRECTIONAL DRILLING OR OTHER OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE,BUT WITH(AND THERE SHALL BE)NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF ENTRY UPON OR USE OF THE SURFACE, OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE,AS RESERVED BY DOROTHY THAYER PECK, CHARLES H THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A PECK DATED DECEMBER 18, 1936, AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST AND BY DOROTHY 1064575 03/OC EXHIBIT A 373217-00001/2-17-16/wrd/wrd -I- T PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST PARCEL 3 APN 142-321-10 THAT PORTION OF LOT 8,TRACT 4064,RECORDED IN BOOK 142,PAGES 36 AND 37,MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS PARCEL 1,AS SHOWN ON PARCEL MAP IN BOOK 2,PAGE 31 OF PARCEL MAPS,RECORDS OF ORANGE COUNTY,CALIFORNIA EXCEPTING THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, PETROLEUM, NAPHTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO,THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE, FOR THE PURPOSE OF EXPLORING AND DRILLING FOR,MINING,DEVELOPING,REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONALLY DRILLING OR OTHER OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE,BUT WITH(AND THERE SHALL BE) NO RIGHT UNDER SUCH EXCEPTIONS AND RESERVATIONS OF ENTRY UPON TO USE OF THE SURFACE, OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES E THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A PECK, DATED DECEMBER 18, 1936, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY AS TO AN UNDIVIDED 25% OF SAID 100%INTEREST PARCEL 4 APN 142-321-12 THAT PORTION OF LOT 8 IN TRACT NO 4064,AS SHOWN ON A MAP RECORDED IN BOOK 142, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS PARCEL 1,AS SHOWN ON A MAP FILED IN BOOK 5,PAGE 36 OF PARCEL MAPS,RECORDS OF ORANGE COUNTY,CALIFORNIA EXCEPTING THEREFROM 50%OF A 100%OF ALL MINERALS, GAS, OIL, PETROLEUM,NAPTHA, AND OTHER HYDROCARBON SUBSTANCES IN,UNDER OR THAT MAY BE PRODUCED,DISCOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE FOR THE PURPOSE OF EXPLORING AND DRILLING FOR,MINING,DEVELOPING,REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONALLY DRILLING OR OTHER OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE BUT WITH AND THERE SHALL BE NO RIGHT UNDER SUCH EXCEPTIONS AND RESERVATIONS OF ENTRY UPON THE USE OF THE SURFACE, THE SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY T1 AYER PECK, CHARLES THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A PECK,DATED DECEM 3ER 1, 1935,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST AND 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -2- BY DOROTHY T PECK,A WIDOW IN HER INDIVIDUAL CAPACITY,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST PARCEL 5 APN 142-321-13 PARCEL 2 OF PARCEL MAP,IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP FILED IN BOOK 5, PAGE 36, OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 1064575 03/OC 373217-00001/2-17-16/wrd/wrd -3- EXHIBIT B INCOME LIMITS AND AFFORDABLE RENTS (See next page) 1064575 03/oc EXHIBIT B 373217-00001/2-17-16/wrd/wrd -I- EXHIBIT B 2015 QUALIFYING INCOME AND RENT SCHEDULE PEDIGO APARTMENT PROJECT HUNTINGTON BEACH,CALIFORNIA 1 2015 Orange County Income Information Household Size HCD Median HUD Median 1 Person $61,050 2 Persons 69,750 3 Persons 78,500 4 Persons 87 200 87,200 5 Persons 94,200 6 Persons 101,150 7 Persons 108,150 11 Household Income Limits as Defined by the California Health&Safety Code Low Income Moderate Income (Section 50093) (Section 50093) 1 Person $33,750 - $53,950 $53,950 - $73,250 2 Persons 38,550 - 61,650 61,650 - 83,700 3 Persons 43,350 - 69,350 69,350 - 94,200 4 Persons 48,150 - 77,D50 77,050 - 104,650 5 Persons 52,050 - 83,250 83,250 - 113,000 6 Persons 55,900 - 89,400 89,400 - 121,400 7 Persons 59,750 - 95,550 95,550 - 129,750 III California Health&Safety Code Section 50053 Affordable Housing Cost Calculations Low Income Studio 1-Bdrm 2-Bdrm 3-Bdrm Benchmark Household Size 1 2 3 4 %of HCD Median Income 60% 60% 60% 60% Household Income for Rent Calculation $36,630 $41,850 $47,100 $52 320 %of Income Allotted to Gross Rent 30% 30% 30% 30% Allowable Gross Rent $916 $1,046 $1,178 $1,308 (Less)Utilities Allowance 34 50 58 93 Allowable Net Rent $882 $996 $1,120 $1,215 Moderate Income Studio 1-Bdrm 2-Bdrm 3-Bdrm Benchmark Household Size 1 2 3 4 %of HCD Median Income 110% 110% 110% 110% Household Income for Rent Calculation $67,155 $76,725 $86,350 $95,920 %of Income Allotted to Gross Rent 30% 30% 30% 30% Allowable Gross Rent $1,679 $1,918 $2,159 $2,398 (Less)Utilities Allowance 34 50 58 93 Allowable Net Rent $1,645 $1,868 $2,101 $2,305 Based on utilities published by(OCHA 10/1/2014) Includes Gas Cooking,Heating,Water Heater Electric Basic Prepared by Keyser Marston Associates Inc File name Pedigo_lnc_Rent Exh B_5_4_15 Inc-Rent 1064575 03/OC Exhibit B 373217-00001/2-17-16/wrd/wrd -2- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attention: City Clerk ALLEN MATKINS LECK GAMBLE MALLORY&NATSIS LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attention: William R. Devine, Esq. (Space Above For Recorder's Use) AFFORDABLE HOUSING AGREEMENT RESTRICTIONS—RENTAL (DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY) This Affordable Housing Agreement and Declaration of Conditions, Covenants and Restrictions for Property (the "Declaration") is made as of , 2013, by and between PEDIGO GOTHARD, LLC, a California limited liability company(the "Property Owner 1"), PEDIGO SOUTH EDINGER, LLC, a California limited liability company ("Property Owner 2"), and GEORGE W. PSAROS TRUST, George W. Psaros and Helen Psaros, trustees("Property Owner 3") (collectively, "Property Owners" and Covenantors) and THE HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a California municipal corporation(the "Housing Authority" or"Covenantee"). RECITALS : A. Property Owners are the respective owners of record of that certain real property located at 16001 and 16091 Gothard Street(Property Owner 1), 7280 Edinger Avenue (property Owner 2), and 7262 and 7266 Edinger Avenue (Property Owner 3), Huntington Beach, California 92646 (the "Subject Property"), in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit A. B. The Property Owners seek to develop a project on the Property consisting of 510 dwelling units and associated uses. The project also includes at least 25,815 square feet of public open space, as more particularly set forth in the Development Plan(collectively, the "Project") approved by Site Plan Review No. 12-002, all in accordance with the General Plan, as it may be 989489.02/OC EXHIBIT C 373217-00001/11-13-13/wrd/wrd -1- amended from time to time (the "General Plan") adopted by the City Council of the City (the "City Council") and the Zoning Code. C. The City imposed conditions of approval on the Project, in part that the Property Owners provide affordable housing. As part of the plan to provide affordable housing, the City and the Property Owners entered into a Development Agreement which requires as a condition that an Affordable Housing Agreement be executed requiring the Property Owners to provide affordable rental units for a certain period of time. Specifically, the Property Owners are required to/have agreed to provide 8.4% (43 units with full build-out)within the Project available for rent to Moderate Income Households (as that term is defined in the Development Agreement) and 1.6% (8 units with full build-out) within the Project available for rent to Low Income Households(as that term is defined in the Development Agreement) for a period of 55 years as further defined herein. The execution and recordation of this Declaration is intended to fully satisfy that condition. NOW, THEREFORE,the parties hereto agree and covenant as follows: 1. Affordability Covenants. Covenantors agree for themselves and their successors and assigns, and every successor to any Covenantor's interest in the affordable unit, or any part thereof that the Project approved by Site Plan Review 12-002, which consists of 510 units, 51 of which shall be designated as affordable and shall be held subject to this Declaration for fifty-five years from the date final inspection has been approved by the City as follows: (a) Qualified Households. Covenantors agree to make available, restrict occupancy to, and to lease 51 units for the duration of the Affordability Period as defined herein. These 51 units may sometimes be referred to as an "Affordable Unit" or, collectively, the "Affordable Units." Each Affordable Unit shall be occupied by Moderate-Income Households as that term is defined in the Development Agreement adjusted for the actual number of persons in the Household that will reside in the Affordable Unit. As used in this Declaration,the term "Household" shall mean one or more persons, whether or not related, living together in an Affordable Unit that rent or lease any portion of the Affordable Unit. As used in this Declaration,the term "Covenantors" shall mean the Property Owners, their successors and assigns, and every successor to any of the Property Owner's interests in the Project, or any part thereof. (b) Duration. The term of this agreement shall commence on the date that the Final Inspection for the thirtieth (30th) affordable unit is approved by the City and will continue for 55 years thereafter("Affordability Period"). The covenant contained in this Section 1 shall run with the Project and shall automatically terminate and be of no further force or effect upon the expiration of the Affordability Period. (c) Income Qualification. Prior to the lease of an Affordable Unit to any Household, Covenantors shall submit to the Covenantee a completed income computation and certification form, in such form as is generally used by City in administering its affordable housing program as may be amended from time to time. Covenantors shall certify that, to the EXHIBIT C 989489.02/OC 373217-00001/6-25-13/wrd/wrd -2- best of its knowledge, each Household is a Low Income Household or a Moderate Income Household that meets the eligibility requirements established for the particular Affordable Unit occupied by such Household. Covenantors shall obtain an income certification from each adult member of the Household and shall certify that, to the best of Covenantor's knowledge, the income of the Household is truthfully set forth in the income certification form. Furthermore the Covenantors shall, on renewal of the annual lease for the particular Affordable Unit, again obtain income certification from each adult member of the Household and submit to the Covenantee a recertification form that shall certify, to the best of Covenantor's knowledge, each Household is a Moderate-Income Household that meets the eligibility requirements established for the particular Affordable Unit occupied by such Household. Covenantors shall verify the income certification of the Household in one or more of the following methods: (1) Obtain two (2)paycheck stubs from two (2) most recent pay periods for each adult member of the Household. (2) Obtain a copy of an income tax return certified to be true and complete for the most recent tax year in which a return was filed, for each adult member of the Household. (3) Obtain an income verification certification from the employer of each adult member of the Household. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Household receives assistance from such agencies. (5) Obtain an alternate form of income verification reasonably requested by Covenantee, if none of the above forms of verification is available to Covenanter. If, at the time of the annual lease renewal of an Affordable Unit to an eligible Household, the Covenantors learn that Household's income increases above the income level permitted for that unit, the Household shall continue to be permitted to reside in such Affordable Unit, for no more than one year. Notwithstanding the foregoing, Covenantors, at the City's discretion, shall have the option, in their commercially reasonable discretion, to designate another dwelling unit as an Affordable Unit during that one year period so that the Household may continue to occupy a unit in the Project, if the Household and the Covenantor so agree. (d) Determination of Affordable Rent for the Affordable Units. The rent for each Affordable Unit(the "Affordable Rent") shall be adjusted annually by the following formula established by California Health and Safety Code Section 50053 upon the publication of the revised Area Median Income. This methodology sets the rent at 1/12 of thirty percent(30%) of sixty percent(60%) of the Area Median Income adjusted for family size appropriate to the unit for Low Income Households and at 1/12 of thirty percent(30%) of one-hundred ten percent (110%) of the Area Median Income adjusted for family size appropriate to the unit for Moderate Income Households. As used herein, for the purpose of calculating the Affordable rent, "adjusted for family size appropriate to the unit" shall mean a household of one person in the case of a studio Affordable Dwelling Unit,two persons in the case of a one-bedroom Affordable 989489.02/0C EXHIBIT C 373217-00001/6-25-13/wrd/wrd -3- Dwelling Unit, and a household of three persons in the case of a two-bedroom Affordable Dwelling Unit. The income limits and Affordable Rents in effect as of the date of this Agreement are attached hereto as Exhibit B and incorporated herein by this reference. COVENANTOR UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. COVENANTORS HEREBY AGREE TO RESTRICT THE AFFORDABLE UNITS ACCORDINGLY. COVENANTOR'S INITIALS In the event state law referenced herein is amended, the terms of this Agreement shall automatically be amended to remain consistent with State law. (e) Annual Report. Within sixty(60) days after the end of each calendar year during the Affordability Period, Covenantors shall submit to Covenantee a report verifying Covenantor's compliance with the provisions of this Declaration ("Annual Report"). Covenantor's final Annual Report shall be submitted to Covenantee within sixty (60) days after the end of the Affordability Period. Each Annual Report shall identify the location of the Affordable Units for the applicable reporting period, the identity of each Household member occupying an Affordable Unit during any portion of such period, the income and household size of each such Household, the Affordable Rent for each of the Affordable Units, and the rent actually charged pursuant to the lease or rental agreement. If Covenantee prescribes a particular form to be utilized by Covenantor in preparing the Annual Report, Covenantors shall utilize said form, provided that it complies substantially with the foregoing requirements. 2. Non-Discrimination Covenants. Each Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit, nor shall any Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit. Each Covenantor and its successors and assigns shall refrain from restricting the leasing of the Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, of any person. All such leases shall contain or be subject to substantially the following nondiscrimination or nonsegregation clause: 989489.02/OC EXHIBIT C 373217-00001/6-25-13/wrd/wrd -4- "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators; and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability in the leasing, subleasing,transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 3. Use Restrictions. During the Affordability Period, Covenantors shall be required to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit has knowledge of all terms and conditions of this Declaration by including in each and every lease and rental agreement a clause which incorporates this Declaration by reference and makes this Declaration a part of an attachment to such lease or rental agreement. In addition, during the Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain provisions that the Affordable Unit shall be occupied, used, and maintained as follows: (a) The Affordable Unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes; provided,however, that home occupation businesses conducted in compliance with the City's Municipal Code and other City regulations shall be considered an appropriate use for private dwelling purposes; (b) Household Size. The maximum number of persons that may occupy an Affordable Unit shall be based on unit size: Unit Size Household Size 0 bedroom(studio) 2 persons 1 bedroom 3 persons 2 bedrooms 5 persons (c) the Household shall not permit or suffer anything to be done or kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, and shall not impair the structural integrity thereof obstruct or interfere with the rights of other occupants, or annoy such occupants by unreasonable noises or otherwise, nor shall any Household commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon; (d) The Household shall not sublease any or all parts of the Affordable Unit without prior written approval from Covenantors and Covenantee; 989489.02/OC EXHIBIT C 373217-00001/6-25-13/wrd/wrd -5- (e) The Household shall comply with all of the lawful requirements of all governmental authorities with respect to the premises; (f) No person shall be permitted to occupy the premises for transient or hotel purposes; and (g) The Household shall comply in all respects with this Declaration and any failure by the Household to comply with the terms of this Declaration shall be a default under the Household's lease or rental agreement. 4. Covenants for Benefit of Housing Authority. All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and such covenants shall run in favor of Covenantee for the entire period during which time such covenants shall be in force and effect. The Covenantee, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any such action at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these covenants may be entitled during the term ,"specified for such covenants, except the covenants against discrimination which may be enforced at law or in equity at any time in perpetuity. 5. Binding on Successors and Assigns. The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on each Covenantor and any successor to such Covenantor's right,title, and interest in and to all or any portion of the Project, for the benefit of and in favor of the Housing Authority of the City of Huntington Beach. All the covenants contained in this Declaration shall remain in effect for the Affordability Period, and shall automatically terminate and be of no further force or effect after such time. Upon expiration of the Affordability Period, Covenantee agrees to cooperate with Covenantors, at no cost to Covenantee in removing this Declaration of record from the Subject Property. 6. Counterparts. This Agreement may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. 7. Notices. All notices which are allowed or required to be given hereunder shall be, in writing and(1) shall be deemed given and received when personally delivered or (2) shall be sent by registered or certified mail or overnight mail service, addressed to the applicable designated person by one party to the other in writing, and shall be deemed received on the second business day after such mailing. If to the Housing Authority: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Manager Tel.No.: (714) 536-5575 Fax No.: (714) 536-5233 989489.02/OC EXHIBIT C 373217-00001/6-25-13/wrd/wrd -6- If to Property Owner 1: Pedigo Gothard, LLC. 4000 SE Columbia Way Vancouver, WA 98661 Attn: Rick Pedigo Tel. No.: 360-695-3500 Fax No.: If to Property Owner 2: Pedigo South Edinger, LLC. 4000 SE Columbia Way Vancouver, WA 98661 Attn: Rick Pedigo Tel. No.: 360-695-3500 Fax No.. If to Property Owner 3: George W. Psaros Trust 52 Vista Montemar Laguna Niguel, CA 92677 Attn: George M. Psaros Tel. No.: 949-388-8808 Fax No.: Allen Matkins Leek Gamble Mallory &Natsis LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attn: William R. Devine,Esq. Tel. No.: (949) 553-1313 Fax No.: (949) 553-8354 8. Applicable Law. (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) This Agreement shall be construed in accordance with the laws of the State of California and all applicable HUD Housing Quality Standards and City Codes. 989489.02/OC EXHIBIT C 373217-00001/6-25-13/wrd/wrd -7- IN WITNESS WHEREOF,the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized as of the date set forth above. PEDIGO GOTHARD, LLC, THE HOUSING AUTHORITY OF THE a limited liability company CITY OF HUNTINGTON BEACH, a public body corporate and politic By: By: Chair Name: Title: Clerk APPROVED AS TO FORM: City Attorney PEDIGO SOUTH EDINGER, LLC, INITIATED AND APPROVED: a limited liability company By: Director of Planning and Building By: Name: Title: GEORGE W. PSAROS TRUST, REVIEWED AND APPROVED: By: By: City Manager Name: Title: 989489.0210C EXHIBIT C 373217-00001/6-25-13/wrd/wrd -8- PEDIGO PRODUCTS,INC.-LEGAL,DESCRIPTION APN: 142-321-01 & 142-321-02 PARCEL 1: LOT 6 OF TRACT NO. 4064, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 142, PAGES 36 AND 37 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE,FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONAL DRILLING OR OTHER OPERATIONS FROM OTHER LAND,ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE; BUT WITH (AND THERE SHALL BE)NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF ENTRY UPON OR USE OF THE SURFACE, OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY T14AYER PECK, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK DATED DECEMBER 18, 1936, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROT14Y T. PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. PARCEL 2: LOT 7 OF TRACT NO. 4064, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 142,PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE,FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, i MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONAL DRILLING OR OTHER OPERATIONS FROM OTHER LAND,ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE; BUT WITH (AND THERE SHALL BE)NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF ENTRY UPON OR USE OF THE SURFACE, OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK DATED DECEMBER 18, 1936, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T. PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. The above-referenced property is subject to the following mortgages:NONE. i PEDIGO SOUTH,INC.-LEGAL DESCRIPTION APN: 142-321-10& 142-321-12 PARCEL 1: THAT PORTION OF LOT 8,TRACT 4064,RECORDED IN BOOK 142,PAGES 36 AND 37, MISCELLANEOUS MAPS,- RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN ON PARCEL MAP IN BOOK 2, PAGE 31 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,CALIFORNIA. EXCEPTING THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, PETROLEUM, NAPHTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE,FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONALLY DRILLING OR OTHER OPERATIONS FROM OTHER LAND,ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE; BUT WITH (AND THERE SHALL BE) NO RIGHT UNDER SUCH EXCEPTIONS AND RESERVATIONS OF ENTRY UPON TO USE OF THE SURFACE,OR SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES E. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK, DATED DECEMBER 18, 1936,AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T. PECK, A WIDOW, IN HER INDIVIDUAL CAPACITY AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. PARCEL 2: THAT PORTION OF LOT 8 IN TRACT NO.4064,AS SHOWN ON A MAP RECORDED IN BOOK 142, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 5, PAGE 36 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,CALIFORNIA. EXCEPTING THEREFROM 50% OF A 100% OF ALL MINERALS, GAS, OIL, j PETROLEUM, NAPTHA, AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR THAT MAY BE PRODUCED, DISCOVERED FROM THAT PORTION OF SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE WITH AND INCLUDING IN SUCH EXCEPTION AND RESERVATION FOR THE BENEFIT OF THOSE ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE FOR THE PURPOSE OF EXPLORING AND DRILLING FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH SUBSTANCES, BY SLANT OR DIRECTIONALLY DRILLING OR OTHER OPERATIONS FROM OTHER LAND, ENTERING INTO AND PENETRATING THE LAND THE SUBJECT HEREOF ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE BUT WITH AND THERE SHALL BE NO RIGHT UNDER SUCH EXCEPTIONS AND RESERVATIONS OF ENTRY UPON THE USE OF THE SURFACE, THE SUBSURFACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, CHARLES THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION,ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK, DATED DECEMBER 1, 1935, AS TO AN UNDIVIDED 25% OF SAID 100% INTEREST AND BY DOROTHY T. PECK, A WIDOW IN HER INDIVIDUAL CAPACITY,AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST. The above-referenced property is subject to the following mortgages:NONE. PSAROS FAMILY TRUST—LEGAL DESCRIPTION APN: 142-321-13 PARCEL 2 OF PARCEL MAP, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 5 PAGE(S) 36, OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The above-referenced property is subject to the following mortgages: NONE. EXHIBIT B INCOME LIMITS AND AFFORDABLE RENTS 989489.02/OC EXHIBIT B 373217-00001/6-25-13/wrd/wrd -I- EXHIBIT B 2013 QUALIFYING INCOME AND RENT SCHEDULE PEDIGO APARTMENT PROJECT HUNTINGTON BEACH,CALIFORNIA I. 2013 Orange County Income Information Household Size HCD Median HUD Median 1 Person $61,050 2 Persons 69,750 3 Persons 78,500 4 Persons 87,200 87,200 5 Persons 94,200 6 Persons 101,150 7 Persons 108,150 II. Household Income Limits as Defined by the California Health&Safety Code Low Income Moderate Income (Section 50093) (Section 50093) 1 Person $33,750 - $53,950 $53,950 - $73,250 2 Persons 38,550 - 61,650 61,650 - 83,700 3 Persons 43,350 - 69,350 69,350 - 94,200 4 Persons 48,150 - 77,050 77,050 - 104,650 5 Persons 52,050 - 83,250 83,250 - 113,000 6 Persons 55,900 - 89,400 89,400 - 121,400 7 Persons 59,750 - 95,550 95,550 - 129,750 III. California Health&Safety Code Section 50053 Affordable Housing Cost Calculations Low Income Studio 1-Bdrm 2-Bdrm 3-Bdrm Benchmark Household Size 1 2 3 4 %of HCD Median Income 60% 60% 60% 60% Household Income for Rent Calculation $36,630 $41,850 $47,100 $52,320 %of Income Allotted to Gross Rent 30% 30% 30% 30% Al lowable Gross Rent $916 $1,048 $1,178 $1,308 (Less)Utilities Allowance 28 39 47 76 Allowable Net Rent $888 $1,007 $1,131 $1,232 Moderate Income Studio 1-Bdrm 2-Bdrm 3-Bdrm Benchmark Household Size 1 2 3 4 %of HCD Median Income 110% 110% 110% 110% Household Income for Rent Calculation $87,155 $76,725 $86,350 $95,920 %of Income Allotted to Gross Rent 30% 30% 30% 30% Allowable Gross Rent $1,879 $1,918 $2,159 $2,398 (Less)Utilities Allowance 28 39 47 76 Allowable Net Rent $1,851 $1,879 $2,112 $2,322 Based on utilities published by(OCHA 1011/2012). Includes Gas:Cooking,Heating,Water Heater. Electric:Basic. Prepared by:Keyser Marston Associates,Inc. File name:Pedigc_Inc Rent ah 6_11_13;Inc_Rent 989489.02/OC Exhibit B 373217-00001/6-25-13/wrd/wrd -2- Ord. No. 3987 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-ofcio 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 September 16, 2013, and was again read to said City Council at a Regular meeting thereof held on October 7,2013, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: Harper ABSENT: None 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 October 17,2013. In accordance with the City Charter of said City Joan L. Flynn, Ci1y Clerk Cr, ' Clerk and ex-officio Yerk city Clerk of the City Council of the City of Huntington Beach, California ATTAC H M E N T #3 J1 City of Huntington Beach Planning and Building Department STAFF REPORT HUNTINGTON BEACN TO: Planning Commission FROM: Scott Hess, AICP,Director of Planning and Building BY: Jill Arabe, Associate Planner DATE: July 9, 2013 SUBJECT: SITE PLAN REVIEW NO. 12-002/TENTATIVE PARCEL MAP NO. 12-113/ DEVELOPMENT AGREEMENT NO. 13-002 (Pedigo Apartments) APPLICANT: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe &Rick Lamprecht, ArchRock Development Group, LLC PROPERTY OWNERS: Pedigo Products, Inc. and Pedigo South, Inc., 4000 SE Columbia Way, Vancouver, WA 98661 George and Helen Psaros, 52 Vista Montemar, Laguna Niguel, CA 92677 LOCATION: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street, 92647 (five parcels located at the southwest corner of Edinger Avenue and Gothard Street) STATEMENT OF ISSUE: o Site Plan Review(SPR)No. 12-002 request: - Permit development of a four-story with lofts apartment building consisting of 510 dwelling units wrapped around a six-level 862-space parking structure on an approximately 8.5 acre site. - Site improvements include the construction of a Classic Boulevard along Edinger Avenue with 17- angled parking spaces, an East-West connector street along the south property line with parallel parking, and 25,815 sq. ft. of public open space. - Review a net import of 44,261 cubic yards to elevate the project site above the flood plain. a Tentative Parcel Map (TPM)No. 12-113 request: - Consolidate five parcels into one parcel. o Development Agreement(DA)No. 13-002 request: - To enter into a development agreement between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust(property owners) to ensure the provision of 10% of the total units as affordable to moderate and low income tenants. a Staff s Recommendation: Approve SPR No. 12-002/TPM No. 12-113/DA No. 13-002 based upon the following: PC Staff Report 07/09/13 HB -373- (13sr27 SPR 12-002 Pedigo�Item 18. - 61 - Complies with the applicable Beach and Edinger Corridors Specific Plan(BECSP) requirements and other regulations including architecture,parking, access and circulation, building form and massing, and provision of open space. - Implements the vision of BECSP which encourages pedestrian oriented development. - Compatible with existing surrounding commercial, industrial, and residential uses, and anticipated mixed-use developments. - Serves affordable housing needs of the community by providing 51 on-site affordable housing units. - Provides 25,815 sq. ft. of public open space courtyards and paseos. - Provides a new frontage road with angled parking spaces and pedestrian walkways along Edinger Avenue. RECOMMENDATION: Motion to: A. "Approve Site Plan Review No. 12-002 and Tentative Parcel Map No. 12-113 with findings and suggested conditions of approval (Attachment No. 1);" B. "Approve Development Agreement No. 13-002 with findings for approval (Attachment No. 1) and forward Draft Ordinance (Attachment No. 7) to the City Council for adoption." Item 18. - 62)rt 07/09/13 HB -374- (13sr27 SPR 12-002 Pedigo Apartments) 8 A go MCFAI I m 000or i waste w •. TALBMr ♦ ♦. ♦ �— arras CAME= f roaacrown MIJUM 7' r r Q e ® A m a BANMc r r i _ Y t_ VICINITY MAP SITE PLAN REVIEW NO. 12-002/TENTATIVE PARCEL MAP NO. 12-113/ DEVELOPMENT AGREEMENT NO. 13-002 PEDIGO APARTMENTS— SWC OF EDINGER AVE. & GOTIIARD ST. PC Staff Report 07/09/13 HB -3375- (13sr27 SPR 12-002 Pedigo,Item 18. - 63 ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Site Plan Review No. 12-002/ Tentative Parcel Map No. 12-113/Development Agreement No. 13-002 with findings for denial." B. "Continue Site Plan Review No. 12-002/Tentative Parcel Map No. 12-113/Development Agreement No. 13-002 and direct staff accordingly." PROJECT PROPOSAL: Site Plan Review No. 12-002 represents a request to develop a four-story with lofts apartment building consisting of 510 dwelling units and associated infrastructure on an approximately 8.5 acre site pursuant to Beach and Edinger Corridors Specific Plan (BECSP) Section 2.1.6 Town Center Boulevard Segment. Tentative Parcel Map No. 12-113 is a request to consolidate five parcels into one parcel for the development of a multi-family development pursuant to Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 250.06. There are two owners for the subject site. Four of the five parcels contain three existing buildings and are owned by Pedigo Products, Inc. and Pedigo South, Inc. The fifth parcel contains two existing buildings and is owned by George and Helen Psaros. The existing buildings will be demolished to accommodate the new structures and improvements. Development Agreement No. 13-002 is a request to enter into a development agreement with the City of Huntington Beach and the property owners to provide 51 of the 510 dwelling units for affordable housing to moderate and low income households pursuant to BECSP Section 2.2.3. The project also includes the net import of 44,261 cubic yards to elevate the project site above the floodplain. The HBZSO requires that requests for grading or stockpiling involving 25,000 cubic yards or more of import or export be referred to the Planning Commission for review and approval. The development will consist of an approximately 465,000 sq. ft. residential four-story with lofts building wrapped around a six-level parking structure. The project is planned for"Class A" apartments, which means it contains high end design features and meets the demands of typical renters including the provision for all common guest amenities. Additional site improvements will include a Classic Boulevard frontage road parallel to Edinger Avenue, a new street along the southerly part of the site, a fire access lane along the west property line, 25,815 sq. ft. of public open space, and 55,396 sq. ft. of private open space. Street improvements will be consistent with the specific plan with the installation of new street and pedestrian lights, wider sidewalks and parkways, and enhanced landscaping. A total of 889 parking spaces will be provided onsite within the parking structure, frontage road and new street. Affordable housing will be provided onsite in 51 of the total dwelling units. The affordable levels are 43 units at the moderate income level and eight units at the low income level. This provision is consistent with the specific plan and the City's General Plan Housing Element. Furthermore, school and City fees associated with the development will be paid in accordance with the required school impact fees and City development impact fees for the number of dwelling units. Item 18. - 64>rt 07/09/13 HB -376- (13sr27 SPR 12-002 Pedigo Apartments) Study Session The project was presented to the Planning Commission on June 25, 2013. Staff reported that an appeal had been filed on the Environmental Assessment Committee's determination of the CEQA exemption for the development. The Planning Commission had several questions regarding the traffic generated by the development and impacts to the vicinity, environmental factors such as hazards and soils, parking concerns, affordable housing, open space, and commercial uses. The environmental conditions have been addressed in the staff report regarding the appeal and the other items in the analysis below. ISSUES: Subiect Property And Surrounding Land Use,Zoning And General Plan Designations: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: M-sp-d(Mixed Use— SP-14 (Beach and Edinger Commercial Specific Plan Overlay— Corridors Specific Plan— and Design Overlay) Town Center Boulevard Industrial Segment) North of Subject Property M-sp-d SP-14 Commercial (across Edinger Avenue), East of Subject Property (across Gothard Street), West of Subject Property: South of Subject I-F2-d (Industrial—0.50 IG(Industrial General) Industrial Property: max. floor area—Design. Overlay) General Plan Conformance: The General Plan Land Use Map designation on the subject property is Mixed Use—Specific Plan Overlay—Design Overlay. The proposed project is consistent with this designation and the goals, objectives, and policies of the City's General Plan as follows: A. Land Use Element Goal L U 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Goal LU4.2.4: Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. Policy L U 9.1.4: Require that recreational and open space amenities be incorporated in new multi- family developments and that they be accessible to and of sufficient size to be usable by all residents. PC Staff Report 07/09/13 HB -377- (13sr27 SPR 12-002 Pedigo Item 18. - 65 Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The proposed development is consistent with the Beach and Edinger Corridors Specific Plan which encourages buildings closer to the streets, wider walkways, and large open space areas to enhance the pedestrian and public experience. Approximately 25,815 sq. ft. of public open space will be provided in paseos and courtyard plazas. These areas will be designed with enhanced landscaping, seating areas, and visually appealing amenities. The architecture of the building is contemporary, incorporating notches, major fagade offsets, and fagade composition changes to break up the massing of the building at street frontages. A combination of stone and brick veneer is applied along the base of the building with canopies at entrances to cater to the pedestrian scale. The fagade skyline is then capped with parapets and articulating rooflines. Moreover, this residential development is proposed within close proximity of new and existing commercial uses thus reducing the need for automobile use. By permitting a mix of land uses closer together, greater interaction will occur between developments and further the vision and viability of the specific plan. B. Urban Design Element Goal UDI: Enhance the visual image of the City of Huntington Beach. Objective UD 1.3:Strengthen the visual character of the City's street hierarchy(i.e., major,primary, etc.) in order to clarify the City's structure and to improve Citywide identity. Policy UD 1.3.1: Require a consistent design theme and/or landscape design character along the community's corridors, that reflects the unique qualities of each district. Ensure that streetscape standards for the major commercial corridors, the residential corridors, and primary and secondary image corridors provide each corridor with its own identity while promoting visual continuity throughout the City. The demolition of the existing buildings and surface parking lots along Edinger Avenue will allow for the emergence of residential and pedestrian activity closer to commercial uses. The proposed building incorporates design features consistent with the BECSP including varied building articulation and height, compatible colors and materials, usable open space, and wider sidewalks thus improving the visual image along the arterial streets. A Classic Boulevard frontage road will be constructed onsite consisting of a protected parking access lane with slow moving traffic and amenities that buffer the sidewalk from the fast-moving center lanes of Edinger Avenue. Greater pedestrian activity will happen as development continues to progress consistent with the specific plan along the Edinger corridor. Public improvements are proposed to existing streets which involve wider sidewalks and parkways with pedestrian oriented street lights and enhanced landscaping. C. Economic Development Element Objective ED 3.3: Upgrade and modernize high-activity nodes and districts. Item 18. - 66)rt 07/09/13 HB _378_ (13sr27 SPR 12-002 Pedigo Apartments) Policy ED 3.3.1: Work with land owners, businesses, and tenants located along the primary corridors and at the principal nodes to define the market character and to create district themes for market recognition purposes. The existing parcels that make up the subject site currently function independently of each other with separate parking lots and connection via public sidewalks. Two of the buildings are vacant; one building is utilized as a recreation gym, and the other two buildings are occupied by retail and offices/warehouses. Overall the 8.5 acre site is underutilized and is envisioned to improve connections between developments with a more efficient land use pattern. The consolidation of these parcels would enhance the functionality of the site and it would be upgraded to promote greater pedestrian activity consistent with the intended and developing urban environment of the specific plan. The proposed project is consistent with the vision for Edinger corridor by providing housing within close proximity of commercial uses. D. Circulation Element Goal CE 2: Provide a circulation system which supports existing, approved and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. Objective CE 3.2: Encourage new development that promotes and expands the use of transit services. The proposed Edinger Avenue streetscape will create continuity with new development along this corridor by providing a protected parking access lane with landscaping to buffer pedestrians from the vehicular thoroughfare. Existing street medians will be reconfigured to adequately serve the project site and existing commercial site across the street. Pedestrian connectivity is improved with abundant landscaping and architectural elements through public open spaces, paseos, and wider sidewalks. Also, the project would pay fees commensurate with the project's contribution of traffic on the area- wide roadway system. E. Housing-Element Goal H 2: Provide adequate housing to accommodate regional housing needs. Goal H3: Assist in development of affordable housing. Policy H3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. The development agreement would ensure that the project is developed in accordance with the development plan and guarantee that the project provides 51 onsite affordable housing units. The project represents new housing in the City that will help to fulfill the City's share of the regional housing need. The proposed project would accommodate and is designed to appeal to different age groups, and household types. Ten percent of the units will be provided for affordable housing with 43 units for moderate income levels and 8 for low income levels. Residents will benefit from the PC Staff Report 07/09/13 HB -379- (13sr27 SPR 12-002 Pedigo,Item 18. - 67 proximity of the project to different activities and uses; it provides opportunities and convenience for many households to use alternate travel modes such as walking and bicycling to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. Zoning Compliance: This project is located within Specific Plan No. 14 Beach and Edinger Corridors Specific Plan and complies with the requirements of the Town Center Boulevard Segment. The table below shows an overview of the project's conformance to the significant development standards of the BECSP. In addition, a list of City Code Requirements of the applicable provisions of the BECSP and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Municipal Code has been provided to the applicant and attached to this report(Attachment No. 5) for informational purposes only. TABLE 1 Provision Required/Allowed in Town Proposed Project Center Boulevard 2: NUse'Re lations'" Multi-family residential Multi-family residential 2 2 2 Spectal.Retail n/a n/a Confi -'ration 2 3 Affo"rda 1qusWjXM Required over 3 units 51 units provided 23:1 &2 3 2rgiei"lit Min. 1 story/Max. 5 stories 4 stories 23 3 Buildi` L"eri h, Max. 300 ft. 295'-5"max. 23,4eS ecialu�idin I:en h, n/a n/a 2 3 S Builduig Mrisng Edinger- 3L:2H to 5L:2H Edinger 5L:2H x Other- 2L:3H to 5L:2H Other 5L:2H 2, 1,.$uilduig Orientahori Orientation to street required Orientation to street or open space 2 4 Private Frontage Various types including Shopfront, Corner Entry, shopfront, corner entry, common Common Lobby, Stoops lobby, stoop, etc. 2 4 3 Front Setback! Edinger- 0 ft./15 ft. Edinger 0 ft. 3 - j Other- 5 ft./15 ft. Other 5 ft. 24 4 Side Setback -` Min. 10 ft. 49' 24 5 RearYard=Setback, Y Min. 10 ft. n/a 4.6 Ailey Setback Min. 5 ft. 5 ft. 2 4 7 Frontage Coverage y Edinger- Min. 50% 80%Edinger Other- Min. 50% 88% Gothard 70% EW street 24 8 S .:ace Between Bnildin s , n/a n/a 24.9 Build to=Corner . ,."" Required Provided 25.1 Improvementsao Existing` Classic Boulevard required Edinger-Classic Blvd. Streets Neighborhood Streets required Gothard-Neighborhood St. 25 2 Provision of New Streets n/a n/a Block,Size Max. 3000 ft. n/a 25 4,Street Connectivity n/a n/a Item 18. - 68)rt 07/09/13 HB -380- (13sr27 SPR 12-002 Pedigo Apartments) 2:5 5 IZquired East=West Required Provided .Street Cannechon" b:Residential Transrhon n/a n/a 25 �iou�da`, _Street, 25 Street T ;; es Alley permitted Provided with parallel parking Provision of Pubhc£Open Res.- 50 SF/unit=25,500 sq. ft. 25,815 sq. ft. Special Publacpe� n/a n/a Provision of Private Open Res.- 60 SF/unit=30,600 sq. ft. 55,396 sq. ft. I.GA Pubhc O,pwSpace Types Park, Linear Green, Square, Courtyard Plaza, Passage/Paseo Plaza, Mid-Block Green, Courtyard Plaza,Passage/Paseo, Pocket Park/Playground 2'X Private Dpen;Space Types;' Courtyard, Private Yard, Rooftop Courtyard, Balcony Deck or Garden,Balcony Stormwater Mgmt `` BMPs required, Priority Project Provided-WQMP required to ensure compliance 26.7 St©rmwater BNIP Types Source Control BMPs, Site Provided- WQMP required to Design BMPs, Treatment Control ensure compliance ' BMPs 6 8 Open Space Landscaping Required Provided- see public open space section of this report 2,b Setbael Area Boulevard Landscaping req. Complies, ground cover, wood x l. Type andscapmg: s Neighborhood St req. chips, gravel mulch provided, Interior Block Setback req.- moderate screening at interior groundcover, moderate or heavy perimeters 2 71 Provision of Parking: Office- 3.5 min/l000 sq. ft. 862 in structure Residential- 17 angled parking in Classic Studio/lb= 1 min/unit(272units) Blvd. 2br+ = 1.5 min/unit(238units) 10 parallel parking on E-W street ' Guest=2min/10 units (102) ` 749 total required 889 total Parking Types Surface Lot-side, rear, Structure Structure wrapped all levels -wrapped all levels, partially submerged podium, underground structure lations.. Top and Base- required Provided-see analysis Urban Desi,-n Guidelines Conformance: The project is required to comply with the architectural regulations and guidelines of the BECSP. A detailed discussion of the project's design is provided in the Analysis section of this staff report. PC Staff Report 07/09/13 HB -381- (13sr27 SPR 12-002 Pedigo.Item 18. - 69 Environmental Status: The proposed project is exempt under the provisions of the California Environmental Quality Act pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457,which states that when an Environmental Impact report (EIR)has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration(MND) for residential projects in conformity with that specific plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Beach and Edinger Corridors Specific Plan project. The Environmental Assessment Committee also reviewed the checklist prepared for this project and determined that potentially significant effects of the project have been analyzed pursuant to the BECSP Program EIR No. 08-008 and can be mitigated pursuant to applicable mitigation measures adopted for the BECSP Program EIR. Prior to any action on Site Plan Review No. 12-002/Tentative Parcel Map No. 12-113/Development Agreement No. 13-002, it is necessary for the Planning Commission to act on the Environmental Assessment No. 13-002 (Appeal). Staff is recommending that the exemption be approved with findings. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Desizn Review Board: Not applicable Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Public Works, Police, Fire, and Planning and Building have reviewed the project and identified a list of recommended conditions that are incorporated into the suggested conditions of approval as well as code requirements (Attachment No. 5). Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on June 27, 2013, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division's Notification Matrix), applicant, and interested parties. As of July 2, 2013, no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): June 10, 2013 August 10, 2013 (within 60-days) ANALYSIS: The purpose of the BECSP is to enhance the overall economic performance, physical beauty and functionality of the Beach Boulevard and Edinger Avenue Corridors. Future development would Item 18. - 70)rt 07/09/13 HB -382- (13sr27 SPR 12-002 Pedigo Apartments) transform existing commercial strips, which are predominantly lined with large expanses of pavement or underperforming uses, to a pattern of centers and segments generating increased activity and greater interaction between developments. As previously mentioned,the project site is located within the Town Center Boulevard segment of the BECSP. Development within this segment would be configured in a pattern that would support pedestrian activity, consist of uses that will serve the surrounding community, and would ultimately make transit riding an appealing alternative to automobile use. BECSP Conformance The proposed project is consistent with the intent of the Town Center Boulevard segment of the BECSP as stated above and overall objective of the BECSP to improve the vitality of the Edinger Avenue corridor by providing 510 residential units to support the commercial opportunities existing and anticipated in the vicinity. Although the project does not itself include commercial uses, it is within close proximity to other key developments including Goldenwest College, Bella Terra, Huntington Beach Lofts, Edinger Plaza, and Boardwalk, which provide the commercial and public services that the proposed development will support. The Boardwalk project provides approximately 14,500 sq. ft. of commercial uses and the HB Lofts provides approximately 10,000 sq. ft. of commercial uses. It is not necessary for this project to include commercial uses to serve the residential uses because there is and will be an abundant amount of commercial services available. The urban environment will further form when there is sufficient supporting residential uses to accommodate the growing commercial uses. Alternate modes of travel such as walking and bicycling become more appealing when enhanced larger walkways are provided and integrated between developments. Proposed site improvements will provide wider pedestrian sidewalks throughout the project and large open public spaces. As discussed under the Zoning Conformance section of this report,the project complies with the BECSP development code and does not include any requests to deviate from the development standards. Adequate emergency access is provided in and around the site with the installation of a new frontage road, East-West connector street, and fire access lane along the perimeter of the site. Sufficient parking(exceeds code requirements) for the residential project is incorporated in an enclosed parking structure, hidden behind the dwelling units, and accessible from the new frontage road along Edinger Avenue and new street along the southerly property line. The project is within the allowable Maximum Amount of Net New Development (MAND) in the BECSP. Edinger Avenue has a MAND of 1,745 dwelling units. There are 364 remaining units to be developed for this corridor after taking into account the proposed project of 510 units with the 384-units of HB Lofts and 487-units of Boardwalk. Building Massing and Scale The BECSP relies on massing and scale to dictate the desired building form and interaction with the public experience. As the building expands horizontally, the height of the building is vertically proportioned for orientation to the pedestrian environment. The flat plane of the fagade is then separated into volumes accented with insets, offsets, notches, and material and colors changes. For the proposed design, the building facades incorporate a variety of attractive elements. The dominant treatment along the exterior base involves brick and stone veneer as well as the placement of metal canopies and sun shades at the first and second floors near building entrances. Applied as the top element of the facades are caps, cornices, and flat and hipped roofs. Inset balconies, wall projections, and intermittent setbacks combine with rich landscaping to beautify the street frontages creating an inviting pedestrian and public space. PC Staff Report 07/09/13 HB -383- (13sr27 SPR 12-002 Pedigo,Item 18. - 71 The maximum height for the subject site is five stories. The proposed building complies and is four stories high with lofts in 85 of the 132 fourth floor units. Although building height is measured in stories for compliance with the BECSP, the height from the streets range from 59 ft. (including the three ft. elevation above the floodplain) and 65 ft. at the towers. Along Edinger Avenue, the building height is limited to four stories within 65 ft. of the sidewalk. As seen along this frontage, the height is articulated from the scale of the flat cap towers to lowered shaped parapets and stepback caps and hipped roofs. The other facades are further articulated with the addition of lofts at the fourth floor units, which creates an attractive fagade skyline along these highly traveled streets. Land Use Compatibility The proposed four-story residential development is compatible with existing and anticipated land uses in the immediate vicinity including the 384-unit Huntington Beach Lofts, 467-unit Village at Bella Terra, and 487-unit Boardwalk projects, which range from four stories to five stories in height and are composed of a mixture of commercial and residential land uses. Existing single family residential uses are also located southwest of the site beyond the existing westerly flood channel. The project will not significantly impact existing residential uses because the proposed building is located approximately 90 feet away and separated by a flood channel. The project would be buffered from commercial uses through perimeter setback areas of landscaping, sidewalks, and streets. Interior noise would be minimized through noise attenuation features. Development of the site would enhance the visual image of the Edinger corridor and expand the vision of the specific plan. Site Layout& Circulation Access Vehicular access to the project site is proposed via two primary entry points, one on Edinger Avenue and the other on Gothard Street. Existing medians on Edinger Avenue would be reconfigured to accommodate vehicular movement for westbound and eastbound traffic into the subject site. The Edinger Avenue access is located at the northwest corner of the site and consists of the one-way protected parking access lane known as the Classic Boulevard requirement of the specific plan. This same feature is included in the Boardwalk project. The parking access lane provides entrance into the parking structure concealed behind the residential units. The Gothard Street access is located at the southeast corner of the site and establishes the beginning of the East-West connector street required by the specific plan. It is designed with two-way travel lanes and parallel parking, in addition to providing another entrance into the parking structure behind the residential units. As property to the west develops, this East-West connector street will be continued until it connects to Goldenwest Street. The project's access points have been designed to comply with the requirements of the BECSP and respond to the Fire Department's request for improved emergency access. In addition, a condition of approval is recommended to provide an offer for reciprocal access as property to the west redevelops and the East-West connector street will be continued. The property owner will be responsible for ensuring the improvement is continued and designed on the subject site to allow adjacent development to connect the street. Item 18. - 72)rt 07/09/13 HB -384- (13sr27 SPR 12-002 Pedigo Apartments) Pedestrian access is enhanced with the inclusion of 4 ft. to 12 ft. wide walkways and 5 to 6 ft.wide landscape planters along street frontages. The perimeter of the site is constructed with sidewalks which lead to interior corridors within the building. These corridors are at a minimum of 5'-6" in width and connect the residential units to the parking garage and building entrances/exits. These corridors are further linked to the private and public courtyards that are resourcefully spaced throughout the development. Security gates will enclose these open spaces for preventive measures during late evening hours, but will be open for public access into the public courtyard plazas during daylight hours. The first floor of the residential building is also oriented toward the streets with private frontage treatments such as stoops leading to individual units, forecourts, and common lobby entrances. The prominent tower at the northeast corner of the site provides direct entrance into the building for pedestrians patronizing commercial uses in the vicinity. Open Space The public open space courtyards are configured with linkage to the public sidewalks and visibility along the street frontages. They will include 16 ft. to 20 ft. wide paseos, signage for public access, and adorned with amenities such as sculptural elements, seating areas and game tables for public use. Two of the courtyard plazas located at the northeast portion of the site are 1/5th acre in size and joined together by a two-story high, 10'-6" wide passage/paseo. Pedestrians are able to travel from the sidewalk along Edinger Avenue through the public open spaces and continue onto the Gothard Street sidewalk. A few of the units are also oriented to the public open spaces with stoops for access into their apartments. The private open space courtyards are accessible from within the development providing guest amenities including lounge seating, barbeque and fire pits, resort-style swimming pool and spa, cabanas, fitness center, and a clubhouse. All the residential units also have private balconies and patios. The inclusion of these improvements creates an inviting pedestrian experience for both visitors and residents. Parking Although automobile use is prevalent in California and continually growing, cities are examining their streets and circulation plans and finding ways to encourage a greener environment. With the adoption of the BECSP, the parking ratio requirements have overall reduced to focus on the pedestrian experience and alternate modes of transportation, though not completely eliminating vehicle parking. As developments continue to interact by constructing commercial uses closer to supporting residential uses,the urban environment expands and individuals rely on easier traveling methods such as walking and bicycling. The proposed proj ect meets and exceeds the minimum amount of required vehicle parking. A total of 749 parking spaces are required for the proj ect and a total of 889 spaces are provided. The apartment building will have a mix of 22 studio units, 250 one-bedroom units, 218 two-bedroom units, and 20 three-bedroom units. The parking structure will provide 862 spaces, while a minimum of 27 spaces are available in the frontage road and new East-West Street. A total of 144 guest stalls are proposed on the property including those located outside the structure. Although the frontage road and East-West street parking spaces are available to the public and guests, residents may still park within these stalls. No time or visitor parking restrictions are proposed on these stalls. The parking structure will be secured with entry gates, so guests will have to call through to gain access to the spaces. Guest spaces in the structure are primarily located in the subterranean and top levels. PC Staff Report 07/09/13 HB -385- (13sr27 SPR 12-002 Pedigo,Item 18. - 73 Development Agreement The City is authorized pursuant to California Government Code Section 65864 et. seq. and Chapter 246 of the HBZSO to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. The objective of a development agreement is to provide assurances that an applicant may proceed with a project in accordance with existing policies and standards in place at the time of project approval. The City and property owners desire to enter into a development agreement for the subject site in order to achieve the mutually beneficial development of the property and ensure that the project is developed in accordance with the approved project pursuant to Site Plan Review No. 12-002 and Section 2.2.3 of the BECSP. The development agreement would be effective for seven years and vests the developer's rights to construct the project pursuant to the terms of the agreement. Development Agreement No. 12-002 refers to the project's "Development Plan," which complies with the BECSP development code. In addition,the development agreement is consistent with the General Plan land use designation for the site insofar as the project is consistent with the General Plan land use designation. As discussed in the General Plan Conformance Section of this report, the development agreement would conform to applicable goals and policies of the General Plan. Affordable Housing The project is required to provide affordable housing in accordance with the BECSP and conditions of approval for the project. Of the 510 total units, the project will provide 51 affordable units on-site. 48 of the affordable units would be made available to moderate income households and the remaining 8 affordable units would be available to low income households. The development agreement stipulates these requirements in addition to a 55-year affordability period and the timing for which the affordable units shall be constructed. The development agreement also includes a separate affordable housing agreement to be recorded, which further specifies details of the affordable units including income requirements, household size and the timing for the affordability period to take effect. Current rent rates for low income households range from $888 for a studio to $1,232 for a three-bedroom unit and for moderate income households, the rents range from $1,651 for a studio to $2,322 for a three-bedroom unit. SUMMARY: Staff recommends approval of Site Plan Review No. 12-002/Tentative Parcel Map No. 12- 113/Development Agreement No. 13-002 because the project: • Implements the objectives of the BECSP to improve the vitality of the Edinger Avenue corridor. • Provides a residential development that is consistent with the BECSP development code and compatible with the surrounding existing and anticipated land uses. • Creates an environment that supports pedestrian and bicycle activity and increases housing. • Serves affordable housing needs of the community by providing on-site affordable housing units. • Provides a high quality architectural design integrating design elements that promote a healthy and active lifestyle as an image for Huntington Beach. • Reduces adverse environmental impacts to the extent feasible. Item 18. - 74)rt 07/09/13 HB -386- (13sr27 SPR 12-002 Pedigo Apartments) ATTACHMENTS: 1. Suggested Findings ead Conditions ef Approval for Site Plan Review No. 12 0024-entetive Par-eel Map ap Ne 12 1 1 3/Dewl.,,.me t Agreement e,,.t No. 13 nm 7 Site Plan, Flo Dlans .,,,,a 1Jley t;..,,.. .7., a T, ne !1 ' 04- 1 � v -2413 5. Code Requirements Letter-dated Ame 18, 2013 (fef inf4mational pufposes only) SH:MBB.ja:kd PC Staff Report 07/09/13 HB -387- (13sr27 SPR 12-002 Pedigo.Item 18. - 75 ATTACHMENT #4 Item 18 76 HB -388- -/® Commission Hun#ing#®n each Planning s 2000 MAIN STREET CALIFORNIA 92648 7 NOTICE OF ACTION July 10, 2013 Pedigo Products, Inc. and Pedigo South, Inc. c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group, LLC 4000 SE Columbia Way Vancouver, WA 98661 SUBJECT: SITE PLAN REVIEW NO. 12-0021 TENTATIVE PARCEL MAP NO. 12-1131 DEVELOPMENT AGREEMENT NO. 13-002(PEDIGO APARTMENTS) APPLICANT: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group, LLC, 4000 SE Columbia Way, Vancouver, WA 98661 PROPERTY OWNER:, Pedigo Products, Inc. and Pedigo South, Inc., 4000 SE Columbia Way, Vancouver, WA 98661 George and Helen Psaros, 52 Vista Montemar, Laguna Niguel, CA 92677 REQUEST: SPR: To permit the development of a four-story with lofts apartment building consisting of 510 dwelling units, 25,815 sq. ft. of public open space, 55,396 sq. ft, of private open space, and approximately 5,097 sq. ft. of leasing office wrapped around a six-level 862-space parking structure and associated infrastructure. The request includes onsite improvements to construct street improvements along Edinger Avenue and an East-West street along the south property line including parking consistent with City requirements. In addition, the project will include a net import of 44,261 cubic yards of soil to raise the project site above the flood plain. TPM: To consolidate five parcels into one parcel. DA To enter into a development agreement between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (property owners) to ensure the provision of 10 percent of the total units as affordable to moderate and low income households. LOCATION: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (five parcels located at the southwest corner of Edinger Avenue and Gothard Street encompassing approximately 8.5 acres) DATE OF ACTION: July 9, 2013 On Tuesday, July 9, 2013, the Huntington Beach Planning Commission took action on your application, and conditionally approved Site Plan Review No.12-002 and Tentative Parcel Map No. 12-113 with findings and conditions of approval and approved Development Phone 714-536-5271 Fax 71 A-r4'A-1 F40 www.surfcli HB -389- Item 18. - 77 Notice of Action:SPR 12-002/TPM 12-113/DA 13-002 July 9,2013 Page 2 Agreement No. 13-002 with findings for approval by approving the draft City Council Ordinance ! and forwarded its recommendation to the City Council. Attached to this letter are the findings and conditions of approval, draft ordinance, and development agreement. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Beach and Edinger Corridors Specific Plan and Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Specific Plan and Zoning and Subdivision Ordinance requirements. Under the provisions of the Beach and Edinger Corridors Specific Plan, the action taken by the Planning Commission becomes final at the expiration of the appeal period. As specified in the Beach and Edinger Corridors Specific Plan, the property owner or a City Council member may file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty-Three Dollars ($3,383.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday, July 19, 2013, at 5:00 PM. Provisions of the Beach and Edinger Corridors Specific Plan are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Jill Arabe, the project planner, at jarabe@surfcity- hb.org or(714) 374-5357 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, AICP, Secretary Planning Commission By: ne Jani4s, Planning Manager SH:JJ:JA:kdc Attachment: 1. Findings and Conditions of Approval—SPR No. 12-002/TPM No. 12-113/DA No. 13-002 Item 18. - 78 HB -390- Notice of Action:SPR 12-002(rPM 12-113/DA 13-002 July 9,2013 Page 2 2. Draft City Council Ordinance—Pedigo Apartments Development Agreement 3. Exhibit A- Development Agreement No. 13-002(Not Attached— On File) c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Planning and Building Bill Reardon, Division Chief/Fire Marshal Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Inspection Manager Jill Arabe, Associate Planner Property Owner Project File HB -391- Item 18. - 79 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL SITE PLAN REVIEW NO. 12-002 TENTATIVE PARCEL MAP NO. 12-113 DEVELOPMENT AGREEMENT NO. 13-002 FINDINGS FOR CEQA EXEMPTION: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15182 of the CEQA Guidelines and Government Code 65457, because the project is a residential development that conforms with the Beach and Edinger Corridors Specific Plan for which Program EIR No. 08-008 was adopted and implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the Final EIR for the BECSP. Compliance with all applicable mitigation measures adopted for the Specific Plan will be required of the project. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines or 65457 of the Government Code are present and, therefore, no EIR or MND is required. The Project, located at the southwest corner of Edinger Avenue and Gothard Street, consists of a four-story with lofts, 510-unit multi-family residential apartment development with on-site public and private open space and a six-level parking structure. The development site is located within the Town Center Boulevard Segment of the Beach and Edinger Corridors Specific Plan (BECSP) area, The City certified Program EIR No. 08-008 on December 8, 2009 and adopted the BECSP on March 1, 2010. The BECSP anticipates development of 4,500 total new dwelling units including 1,745 units on Edinger Avenue. The 510 units contemplated by the project is within the total new dwelling units permitted on Edinger Avenue under the approved BECSP. The project conforms to all standards and regulations of the BECSP development code. Accordingly, no changes requiring revision of the previously certified Program EIR are proposed as part of the project, nor have any circumstances changed requiring revision of the previously certified Program EIR. In addition, no new information identifies that implementation of the BECSP, including the project, will have significant effects that were not discussed in the previously certified Program EIR or that the significant effects identified in the certified Program EIR will be substantially more severe than determined in the Program EIR. Nor is there new information showing that mitigation measures or alternatives not previously adopted would substantially reduce one or more significant effects of the Project. FINDINGS FOR APPROVAL -TENTATIVE PARCEL MAP NO. 12-113: 1. Tentative Parcel Map No. 12-113 for the consolidation of five parcels into one 8.5 acre parcel is consistent with the General Plan Land Use Element designation of Mixed Use on the subject property. The project complies with all applicable code provisions of the Subdivision Map Act, Huntington Beach Zoning and Subdivision Ordinance, and Beach and Edinger Corridors Specific Plan. The project will result in the demolition of five existing commercial and industrial buildings and facilitate the development of a 510 unit apartment building, allowed by code. G:\PC\N0A\2013\07-09-13 SPR 12-002?TPM 12-113/13A 13-002 Pedigo Apts Attachment 1.1 Item 18. - 80 FIB -392- 2. The site is physically suitable for the type and density of development. It is located within the Beach and Edinger Corridors Specific Plan, which permits residential uses within close proximity of commercial uses. The specific plan is a form-based code that does not rely on density to limit development, but rather the building form to create an attractive public experience appealing to pedestrians. By merging the five lots into one, the site will function as an integrated development compatible with the vision of the growing urban Edinger corridor. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The site was previously developed and does not contain any significant habitat for wildlife or fish. In accordance with the California Environmental Quality Act, the project will mitigate potential impacts to less than significant levels. Design features of the project as well as compliance with the provisions of the Beach and Edinger Corridors Specific Plan will ensure that the project will not significantly impact the function and value of any resources adjacent to the project site. The project will comply with applicable mitigation measures pursuant to Program EIR No. 08-008. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. Vehicular access is provided throughout the project including the creation of a frontage road abutting Edinger Avenue and East-West street along the south property line. The project will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL—SITE PLAN REVIEW NO. 12-002: 1. Site Plan Review No. 12-002 for the construction of a multi-family residential development consisting of 510 dwelling units and associated improvements including public and private open space areas, a leasing office, fitness and clubhouse amenities and a six-level parking structure, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed project will replace existing site improvements, which include five commercial and industrial buildings and surface parking. The multi-family residential development, with the recommended conditions of approval incorporates architectural and design elements that provide maximum compatibility of use and design with the existing and anticipated development in the vicinity of the project site, promotes the revitalization and restructuring of an aging segment of Edinger Avenue, and supports the existing commercial development surrounding the site. The proposed structure is four stories in height with lofts on the fourth floor and features enhanced building materials and colors, building recesses and facade offsets, variation in massing composition and connections between arterial streets and public open spaces. The project's conformance to the Beach and Edinger Corridors Specific Plan (BECSP) further ensures that the form, height, and architectural design convey an overall high level of quality. 2. The project will not adversely affect the Circulation Plan of the BECSP. The project will provide public right-of-way improvements along Edinger Avenue and Gothard Street pursuant to the BECSP development code. The improvements to Edinger Avenue create continuity with the vision of the corridor which is to provide a protected parking access lane with slow moving traffic and amenities that buffer the sidewalk from the central fast-moving center of Edinger Avenue. The improvements to Gothard Street create a neighborhood GAMNOA12013\07-09-13 SPR 12-0029TPM 12-1131DA 13-002 Pedigo Apts Attachment 1.2 HB -393- Item 18. - 81 scene with a six-foot wide sidewalk buffered by six-foot wide landscaping and low pedestrian street lighting. The public frontages of the arterial streets establish public realms that focus on pedestrians rather than vehicles. Pedestrian connectivity from the development's public open spaces to the public streets will be enhanced with signage, as j conditioned, and landscaping to attract activity into and around the site. The project will pay fees commensurate with the project's contribution of traffic on the area-wide roadway system. 3. The proposed multi-family residential development will comply with the provisions of the BECSP development code as specified in the Town Center Boulevard Segment. In addition, the project meets all applicable provisions of Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed project meets code requirements in terms of building height, massing and volume, setbacks, landscaping, streetscape improvements, public and private open space, and parking. 4. The project is consistent with the City's General Plan and applicable requirements of the Municipal Code. The granting of the site plan review will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use — Specific Plan Overlay — Design Overlay on the subject property. In addition, it is consistent with the following goals, objectives and policies of the General Plan: A. Land Use Element Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Goal LU 4.2.4:Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi-family developments and that they be accessible to and of sufficient size to be usable by all residents. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The proposed development is consistent with the Beach and Edinger Corridors Specific Plan which encourages buildings closer to the streets, wider walkways, and large open space areas to enhance the pedestrian and public experience. Approximately 25,815 sq. ft. of public open space will be provided in paseos and courtyard plazas. These areas will be designed with enhanced landscaping, seating areas, and visually appealing amenities. The architecture of the building is contemporary, incorporating notches, major fagade offsets, and fagade composition changes to break up the massing of the building at street frontages. A combination of stone and brick veneer is applied along the base of the building with canopies at entrances to cater to the pedestrian scale. The fagade skyline is then capped with parapets and articulating rooflines. Moreover, this residential development is proposed within close proximity of new and existing commercial uses thus reducing the need for automobile use. By permitting a mix of land uses closer together, greater interaction will occur between developments and further the vision and viability of the specific plan. GAMNOX2013107-09-13 SPR 12-002?TPM 12-1131DA 13-002 Pedigo Apts Attachment 1.3 Item 18. - 82 HB -394- B. Urban Design Element Goal UD1: Enhance the visual image of the City of Huntington Beach. Obiective UD 1.3: Strengthen the visual character of the City's street hierarchy (i.e., major, primary, etc.) in order to clarify the City's structure and to improve Citywide identity. Policy UD 1.3.1: Require a consistent design theme and/or landscape design character along the community's corridors, that reflects the unique qualities of each district. Ensure that streetscape standards for the major commercial corridors, the residential corridors, and primary and secondary image corridors provide each corridor with its own identity while promoting visual continuity throughout the City. The demolition of the existing buildings and surface parking lots along Edinger Avenue will allow for the emergence of residential and pedestrian activity closer to commercial uses, The proposed building incorporates design features consistent with the BECSP including varied building articulation and height, compatible colors and materials, usable open space, and wider sidewalks thus improving the visual image along the arterial streets. A Classic Boulevard frontage road will be constructed onsite consisting of a protected parking access lane with slow moving traffic and amenities that buffer the sidewalk from the fast-moving center lanes of Edinger Avenue. Greater pedestrian activity will happen as development continues to progress consistent with the specific plan along the Edinger corridor. Public improvements are proposed to existing streets which involve wider sidewalks and parkways with pedestrian oriented street lights and enhanced landscaping. C. Economic Development Element Obiective ED 3.3: Upgrade and modernize high-activity nodes and districts. Policy ED 3.3.1: Work with land owners, businesses, and tenants located along the primary corridors and at the principal nodes to define the market character and to create district themes for market recognition purposes. The existing parcels that make up the subject site currently function independently of each other with separate parking lots and connection via public sidewalks. Two of the buildings are vacant; one building is utilized as a recreation gym, and the other two buildings are occupied by retail and offices/warehouses. Overall the 8.5 acre site is underutilized and is envisioned to improve connections between developments with a more efficient land use pattern. The consolidation of these parcels would enhance the functionality of the site and it would be upgraded to promote greater pedestrian activity consistent with the intended and developing urban environment of the specific plan. The proposed project is consistent with the vision for Edinger corridor by providing housing within close proximity of commercial uses. D. Circulation Element Goal CE 2: Provide a circulation system which supports existing, approved and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. G:\PC\NOA\2013\07-09-13 SPR 12-002?TPM 12-1131DA 13-002 Pedigo Apts Attachment 1.4 HB -395- Item 18. - 83 Obiective CE 3.2: Encourage new development that promotes and expands the use of transit services. The proposed Edinger Avenue streetscape will create continuity with new development along this corridor by providing a protected parking access lane with landscaping to buffer pedestrians from the vehicular thoroughfare. Existing street medians will be reconfigured to adequately serve the project site and existing commercial site across the street. Pedestrian connectivity is improved with abundant landscaping and architectural elements through public open spaces, paseos, and wider sidewalks. Also, the project would pay fees commensurate with the project's contribution of traffic on the area-wide roadway system. E. Housing Element Goal H 2. Provide adequate housing to accommodate regional housing needs. Goal H 3: Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. The development agreement would ensure that the project is developed in accordance with the development plan and guarantee that the project provides 51 onsite affordable housing units. The project represents new housing in the City that will help to fulfill the City's share of the regional housing need. The proposed project would accommodate and is designed to appeal to different age groups, and household types. Ten percent of the units will be provided for affordable housing with 43 units for moderate income levels and 8 for low income levels. Residents will benefit from the proximity of the project to different activities and uses; it provides opportunities and convenience for many households to use alternate travel modes such as walking and bicycling to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. FINDINGS FOR APPROVAL - DEVELOPMENT AGREEMENT NO. 13-002: 1. The development agreement is consistent with the General Plan and Beach and Edinger Corridors Specific Plan. Development Agreement No. 13-002 provides for construction of the Pedigo Apartment project with approval for Site Plan Review No. 12-002 and will conform to the goals and policies of the General Plan. The development agreement ensures the construction of 51 affordable housing units within the project in accordance with the provisions of the Specific Plan for a 55 year period. The development agreement is consistent with the following goals and policies of the General Plan: A. Housing Element Goal H 2.• Provide adequate housing sites to accommodate regional housing needs. Goal H 3: Assist in development of affordable housing. GAPCWOA12013107-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.5 Item 18. - 84 HB -396- Policy H 3.1: Encourage the production of housing that meets ail economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. B. Land Use Element Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Goal LU 7. Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and-future residents of Huntington Beach. The project represents new housing in the City that will help to fulfill the City's share of the regional housing need. Ten percent of the units will be provided for affordable housing with 43 units for moderate income levels and 8 units for low income levels. Residents will benefit from the proximity of the project to different activities and uses. It provides opportunities and convenience for many households to use alternate travel modes such as walking and bicycling to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. The Edinger Corridor will be revived with the incorporation of housing closer to commercial projects to generate activity in an area that was previously viewed as underutilized and declining. CONDITIONS OF APPROVAL—TENTATIVE PARCEL MAP NO. 12-113: 1. The Tentative Parcel Map No. 12-113 for the consolidation of five parcels into one 8.5 acre parcel received and dated May 20, 2013 shall be the approved layout. 2. Prior to recordation of the final map, building permits shall be obtained and finaled for demolition of the existing structures. 3. Prior to issuance of building permits, the final parcel map shall be recorded with the County of Orange. CONDITIONS OF APPROVAL—SITE PLAN REVIEW NO. 12-002: 1. The site plan, floor plans, and elevations received and dated June 10, 2013 shall be the conceptually approved design with the following modifications: a. Signage shall be posted at entrances of the paseos and throughout the public open spaces identifying public access and use. The signage plan shall be reviewed and approved by the Departments of Public Works, Community Services, and Planning and Building. G:\PC\N0A\2013\07-09-13 SPR 12-002?TPM 12-1131DA 13-002 Pedigo Apts Attachment 1.6 HB -397- Item 18. - 85 b. The public open spaces shall be improved with amenities such as bike racks, public art element, benches, trash receptacles, and shade trees. The final design for the public open space shall be reviewed and approved by the Planning Division and Community Services Department. c. A minimum of 10 parking spaces shall be designated for Electric Vehicle (EV) charging stations. d. The interior of the parking structure shall be painted in white and lighting shall be located directly between parking stalls or in the center of parking structure aisles. Cameras shall be placed at the entrance and exit of the parking structure as well as elevator waiting areas, stairwells, trash areas, bicycle areas, fitness center and clubhouse. The cameras shall record 24 hours, seven days a week. Minimum 800 MHz radio antennas shall be installed so that emergency personnel can effectively receive/transmit in the parking structure. e. All new utilities such as backflow devices, Edison transformers, and double check detector assembly devices shall be relocated outside of the front yard setbacks and screened from view by landscaping subject to review and approval by the Planning and Building Department. 2. Comply with all mitigation measures adopted for the project in conjunction with Environmental Impact Report No. 08-008 as specified in the Mitigation Monitoring Program for Pedigo Apartments. 3. At least 14 days prior to any grading activity, the property owner/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department, 4. Prior to issuance of a precise grading permit, the following shall be completed: a. An interim parking and building materials storage plan shall be submitted to the Planning Division to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The property owner/developer shall obtain any necessary encroachment permits from the Department of Public Works. b. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Division. Double walls shall be prohibited. Interior property line walls (west, south) shall be a maximum of six feet in height and comply with Section 2.6.8 (4) of the BECSP. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls/fences next to the new walls, and shall include approval by G:\PCWOA\2013\07-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.7 Item 18. - 86 HB -398- property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. c. All design and construction shall be per the City Standard codes and street configuration and specifications of the Beach and Edinger Corridors Specific Plan. The frontage along Edinger Avenue shall comply with the "Classic Boulevard' configuration and the frontage along Gothard Street shall comply with the "Neighborhood Street" configuration. (PW) d. A lighting plan depicting the boulevard-scale street lighting and pedestrian-scale street lighting along street frontages shall be submitted to the Planning and Building Department for review and approval by the Planning Division and Public Works Department. 5. Prior to submittal for building permits, the following shall be completed: a. One set of project plans and one 8 Y2 inch by 11 inch set of all colored renderings, elevations, and materials sample and color palette, revised pursuant to Condition of Approvals and Code Requirements, shall be submitted for review, approval, and inclusion in the entitlement file, to the Planning Division. b. Zoning entitlement conditions of approval, code requirements identified herein and code requirements identified in separately transmitted memorandum from the Departments of Fire, Building, and Public Works shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. C. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Division for addressing purposes. d. Contact the United States Postal Service for approval of mailbox location(s). 6. Prior to issuance of building permits, the following shall be completed: a. The Developer shall provide a Landscape Maintenance License Agreement for the continuing maintenance and liability of all landscaping, irrigation, furniture and enhanced hardscape that is located along the project frontage within the public right of way. The agreement shall describe all aspects of maintenance such as enhanced sidewalk cleaning, trash cans, disposal of trash, signs, tree or palm replacement and any other aspect of maintenance that is warranted by the development plan improvements proposed. The agreement shall state that the property ownership shall be responsible for all costs associated with maintenance, repair, replacement, liability and fees imposed by the County, City and/or Caltrans. (PW) b. A public art element, approved by the Design Review Board, Director of Planning and Building, and the Cultural Services Supervisor, shall be depicted on the plans. Public Art shall be innovative, original, and of artistic excellence; appropriate to the design of the project; and reflective of the community's cultural identity (ecology, history, or society). G:\PC\NOA\2013\07-09-13 SPR 12-002?TPM 12-1131DA 13-002 Pedigo Apt$ Attachment 1.8 xB -399- Item 18. - 87 c. The developer shall underground all overhead 12kV electrical distribution and any overhead communication line along the Edinger Avenue frontage. (PW) d. The subject property shall provide an irrevocable offer to dedicate a reciprocal accessway (East-West street) between the subject site and westerly property. The legal instrument shall be submitted to the Planning Division a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Division and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. The cost of improvements to implement the future reciprocal accessway shall be determined by a fair share amount and shared by the two property owners. The accessway design shall consist of vehicular access, pedestrian access, and landscaping consistent with the existing streetscape and the design, location, and width shall be reviewed by the Planning and Building Department and Public Works Department. Prior to submittal for building permits, the applicant shall submit three construction cost estimates, prepared by licensed contractors, for the design and construction costs to implement the reciprocal accessway. The cost estimate shall include a contingency amount to cover estimated inflation and rising construction costs (based on CPI and PPI) over a ten year period and shall be subject to review and approval by the Public Works and Planning and Building Departments. Prior to issuance of building permits, the applicant, Public Works Department, and Planning and Building Department shall determine and finalize the estimated construction cost and fair share amount due by the applicant. Prior to final inspection of the first residential unit, the applicant shall deposit the fair share amount in an account with the Public Works Department. The payment shall be on reserve with the City until the improvements will be constructed between the developments. 7. Prior to occupancy of the first dwelling unit, the following shall be completed: a. Enhanced paving materials shall be provided at vehicular entrances to the parking structure and pedestrian connections. b. A Parking Management Plan, approved by the property owner/developer shall be submitted for review and approval by the Planning Division. Said plan shall depict designated (residents, employees/guests) parking space locations. 8. The use shall comply with the following: a. All entry points to residences, fitness area, and clubhouse shall be monitored by secured FOB type entries and security cameras. (PD) GAMNOAT013\07-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.9 Item 18. - 88 HB -400- 9. The developer or developer's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 10. SPR 12-002 shall become null and void pursuant to the terms of the Development Agreement. 11. Incorporating sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http//www usgbc orq/DisplayPage aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http//www.builditgreen.orq/green-building- guidelines-rating). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:\PCWOA\2013\07-09-13 SPR 12-002?TPM 12-113/DA 13-002 Pedigo Apts Attachment 1.10 HB -401- Item 18. - 89 ORDINIANCE No. opt AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH,PEDIGO GOTHARD LLC,PEDIGO SOUTH EDINGER LLC,AND GEORGE W. PSAROS TRUST(DEVELOPMENT AGREEMENT NO. 13-002-PEDIGO APARTMENTS) WHEREAS,the Huntington Beach City Council approved Site Plan Review No. 12-002 and Tentative Parcel Map No. 12-113 to develop an approximately 8.5 acre site generally located at the southwest corner of Edinger Avenue and Gothard Street in Huntington Beach,California ("Property"),with 510 apartment units,with a leasing office,parking structure,and private and public recreation and open space areas("Project"),pursuant to the City of Huntington Beach Zoning and Subdivision Ordinance("HBZSO");and Pedigo Gothard,LLC,a limited liability company,Pedigo South Edinger,LLC,a limited liability company,and George W.Psaros Trust ("Developer")and the City each mutually desire to enter into a Development Agreement with one another to permit and ensure that the Property is developed in accordance with the approved Site Plan No. 12-002 and the City's zoning regulations to achieve the mutually beneficial development of the Property, NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION1 1. That the City Council hereby finds that Development Agreement No. 13- 002 conforms to Government Code Section 65864 et. seq.and that: i a. Development Agreement No. 13-002 is consistent with the Huntington Beach General Plan;and b. Development Agreement No. 13-002 is consistent with Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)and the Huntington Beach Municipal Code; and C. Development Agreement No. 13-002 will not be detrimental to the health, safety and general welfare,and will not adversely affect the orderly development of the property because it is consistent with applicable land use regulations of the zoning regulations in effect at the time of project approval,the mitigation measures adopted for the Project in accordance with EIR No.08-008,and the conditions approved for Site Plan Review No.12-002; and d. The City Council has considered the fiscal effect of Development Agreement No. 13-002 on the City and the effect on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. 13-3775/98762 1ATTACHMENT NO. -1,,�,, Item 18. - 90 HB -402- SECTION 2. Based on the above findings,the City Council of the City of Huntington Beach hereby approves Development Agreement No. 13-002 and adopts it by this ordinance pursuant to Government Code Section 65867.5. This action is subject to a referendum. SECS 3. This ordinance shall take effect 30 days after its adoption. PASSED AND ADOPTED by the City Council of the Ci2 of Huntington Beach at a 13. regular meeting thereof held on Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Director of Planning and Building Exhibit A:Development Agreement No. 13-002 13-3775198702 AMtCHMEN HB -403- Item 18. - 91 ATTACHMENT #5) Item I8. - 92 iiB .i0.i " � �5� + a _ _- '� r -'�� P'!es�"'S •*` ----------------------- eve o p "mAmk e u-N& t ro"& a nt Ar In U Y, 41 Pedig o rtrtn t s <D City Council Meeting August 5, 2.013 0 Ir VO ,..:.. - 1 Request o DA No. 13-oo2: to enter into a Development Agreement between the City and Pedigo Gothard LLC, Pedigo South Edinger LLC, and George Psaros Trust r (property owners) pursuant to approvals for the Pedigo 0 Apartments Project • Site Plan Review No. 12-002 / Tentative Parcel Map No. 12-113 was approved by Planning Commission on July 9, 2013 in conjunction with the Development Agreement INar xnnn.rwa - r k N� yr � :. Y,�...� systid,. ",[+•,.va3. ',... ____- . .. ik i x ',1 gym,q�� " f�a! ave�9 P d i A r t m 1""'I t S r0i tf Lt �ctA�IS am EDINGER AVENUE dwelling units510 qe�c RAC ! nit. P s including 51 affordable } units (43 moderate and 8 low + Tiers )I lt�* �p s: a Mkk�?t) A"Vr_, YARD FvE�5fi1 -002: City is® �� �0. 13 . $ ". !-� � „I � PLC..G..OI.�' ..:a W - gf1 h LAK'st'.Ea�"CGsREh PREC'f {� �s f 7 u5 x Tk EAtu� 4 .1 authorized pursuant to Cal. Government Code { and Chapter246 HBZS® �� � � ` i� � n��N� � �� H„ �r � PL�i Y 7L to enter into binding , NA7£'LtJ4YRY /4RY1, �� s'6 t7R�,gAGE AqN. Fk+iF )s , development agreements � a -�ti¢e�ueA. • Specifies that i units 4 p 55 v0 p shall be rovided as � affordable e to moderate A and low income p �� households for 55 Years H v 00 - - k ON Kok mmmecom 1 lt:� ndatiul 1 ® Recommend that the City Council: • Approve Development Agreement No. 13-002 and adopt City Council ordinance 0 mil'<-?•-�}-z'L - ��3 c3 l iV NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, September 16, 2013, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ® 1. DEVELOPMENT AGREEMENT NO. 13-002 (PEDIGO APARTMENTS) Applicant: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group, LLC Property Owner: Pedigo Products, Inc. and Pedigo South, Inc. and George and Helen Psaros Request: To enter into a development agreement between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments, a 510 multi-family residential development with a six-level parking structure, leasing office, resident fitness and recreation areas and public open space. Location: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (five parcels located at the southwest corner of Edinger Avenue and Gothard Street encompassing approximately 8.5 acres) City Contact: Jill Arabe, Associate Planner NOTICE IS HEREBY GIVEN that Item #1 is exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http:ft-j%mw.h ntingto beachca.gov on Thursday, September 12, 2013. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, California 92648 714-536-5227 http://huntingtonbeachca.gov/HBPublicComments/ C:\Users\esparzap\AppData\Local\Microsoft\Windows\Temporary Internet File s\Content.Outlook\BGU3Z50B\091613 Pedigo.doc 091.8/09190Aaany cane a1g11edwoo ww Lg x ww gZ jewjo}ap 91janblf3 0918/09 L9@ fuany ql!m algljedwoo„9/9 Z x,j ozls lapel Ma o 142 072 05 (1) 142 072 06 (2) Coast Community School 142 072 08 (3) Freeway Industrial Park Freeway Industrial Park 2701 Fairview Rd 2032 La Colin@ Dr Costa Mesa Ca 92626 2641 S Main St Santa Ana Ca 92705 Corona Ca 92882 142 072 09 (4) 142 074 04 (5) 142 074 05 (6) Freeway Industrial Park Freeway Industrial Park Po Box 1090 Freeway Industrial Park 300 Crossways Park Dr Sierra Madre Ca 91025 Woodbury Ny 11797 8105 Irvine Center Dr#350 Irvine Ca 92618 142 131 05 (7) 142131 06 (8) 142 131 11 (9) Goldenwest & Edinger LP Goldenwest& Edinger-LP Goldenwest& EdingerCP Po Box 3131 Po Box 3131 '" Huntington Beach Ca 92605 Po Box Huntington Beach Ca 92605 H4ntirig__ ton Beach Ca 92605 142 321 01 (10) 142 321 02 (11) 142 321 05 (12) Pedigo Products Inc Pedigo Products Inc. 4000 SE Columbia Wa Freeway Industrial Park- -..-_ Y 4000 SE Columbia Way 2032 La Co_h-na Dr Vancouver Wa 98661 V couver Wa 98661 �n SPnta-An@ Ca 92705 142 321 06 (13) `` 142 321 08 (14) - 142 321 09 (15) Freeway Industrial Park Freeway Industrial-Park City Of Huntington Beach 2032 La Colin@ Dr 2032 La.Colin@ Dr S@.nta'Ana Ca 92705 Po Box 190... Santa Ana Ca 92705 Huntington Beach Ca 92648 142 321 10 (16) 142 321 12 17 Pedigo South Inc ( ) 142 321 13 (18) Pedigo South Inc George Psaros 4000 SE'Columbia Way 4000 SE Columbia Wa .Vancouver Wa 98661 y 52 Vista Montemar Vancouver Wa 98661 Laguna Niguel Ca 92677 142 321 14 (19) 142 321 15 (20) 142 321 16 (21) City Of Huntington Beach Freeway Industrial-Park Po Box 190 City Of Huntington Beach 2032 La-Colin Dr Po Box 190 Huntington Beach Ca 92648 Sari-fa Ana Ca 92705 Huntington Beach Ca 92648 142 321 17 (22) 142 351 1623( ) 142 351 17 (24) Freeway Industrial Park Fred Abiad Leah Stuart 2032 La Colina Dr 7141 Bluesails Dr Santa Ana Ca 92705 16767 Woodridge Cir Huntington Beach Ca 92647 Fountain Valley Ca 92708 142 351 18 (25) 142 351 19 (26) 142 351 20 (27) Theodore Burda Phillip Garcia Joseph Baron 8352 Friesland Dr 7171 Bluesails Dr Huntington Beach Ca 92647 7191 Bluesails Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 351 21 (28) 142 351 22 (29) Michael Lotocky 142 351 23 (30) Sandra Kay Young John Hibben 7201 Bluesails Dr 7211 Bluesails Dr Huntington Beach Ca 92647 Hu 16132 Moonglow Ln Huntington Beach Ca 92647 Huntington Beach Ca 92647 label size 1"x 2 5/8"compatible with Avery°5160/8160 I �quette de format 25 mm x 67 mm compatible avec Avery 5160/8160 �/ 0919/0915®fa any 09ne aigifedwoo ww Lg x ww 9Z Tewaol ep aganbi13 0919/09 tso fdany qj!M alggedwoo,;g/g Z x„G azls lagel . 142 351 24 (31) 142 351 25 (32) 142 351 26 (33) Susan Redd Lin R Marshall Tanner Barbara Schindler 16142 Moonglow Ln 50 E North Temple Int Hr 16162 Moonglow Ln Huntington Beach Ca 92647 Salt Lake City Ut 84150 Huntington Beach Ca 92647 142 351 27 (34) 142 351 28 (35) 142 351 29 (36) Bruce Ian Abrams William Henry Jr. Daniel Utterback 16182 Moonglow Ln 7222 Stonewood Dr 7212 Stonewood Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 351 30 (37) 142 351 31 (38) 142 351 38 (39) David Mootchnik Gregory Knobbe City Of Huntington--B"each 7202 Stonewood Dr 16192 Serenade Ln Po Box a-90'r, Huntington Beach Ca 92647 Huntington Beach Ca 92647 U.u"nfi gton Beach Ca 92648 142 352 10 (40) 142 352 11 (41) 142 352 12 (42) James Wiliiam Dewitt Larry Nye Craig Frolich 7142 Bluesails Dr 7152 Bluesails Dr 7162 Bluesails Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 352 13 (43) 142 352 14 (44) 142 352 15 (45) Duane Douglas Wentworth Stephanie Nilas Selecky Trust 7172 Bluesails Dr 7192 Bluesails Dr 7202 Bluesails Dr Huntington Beach Ca 92547 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 352 16 (46) 142 352 17 (47) 142 352 18 (48) Melvyn Sterling Gary Anderson Thomas Delaney 7201 Stonewood Dr 7191 Stonewood Dr 7171 Stonewood Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington.Beach Ca 92647 142 352 19 (49) 142 352 20 (50) 142 511 03 (51) Elvin Tin Cheuk Ng John Emil Weidhaas Freeway Industrial Park 7161 Stonewood Dr 7151 Stonewood Dr 2032 �a-Col ni a Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 �Safita Ana Ca 92705 142 511 04 52 �-�== ( ) 142 511 05 53 ( ) 142 511 06 (54) Freeway Industrial'Park Freeway Industrial Park 2032 L�_Colina Dr Wayne Peterson 16072 Gothard St 16102 Gothard St Santa Ana Ca 92705 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 07 (55) 142 511 08 (56 Patricia Hawn ) 142 511 10 (57) t. Jeff-Grand Partners Grand Ptnrs L P,Jeff'` - 7409 Lorge Cir 375 Bristol St#50 375 Bristol-Sf#50 Huntington Beach Ca 92647 Costa Mesa Ca 92626 Cost-a-jMesa Ca 92626 142 511 11 (58) 142 511 12 (59) 142 511 13 (60) Jett LLC L-A Fragrances 7424 Lorge Cir Tracy Ellis 6142 Oakbrook Cir 806 Avenida Pico#I-251 Huntington Beach Ca 92647 Huntington Beach Ca 92648 San Clemente Ca 92673 1�4 I� _ � � label size 1"x 2 5/8"compatible with Avery®5160/8160(�A Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0918/0919®�aany Dana egjedwoo ww Zg x ww 9Z iewaoj op eUenbl13 09l-8/09L9@ fuany uilM elggedwoo ,9/9 Z x,j ails label 142 511 16 (61) 142 511 17 (62) Storage Equities Inc Parksville Investment LLC Po Box 25025 4848 Wilshire Blvd #302 Glendale Ca 91221 Los Angeles Ca 90010 label size 1"x 2 5/8"compatible with Avery 05160/8160 Eno, Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 ����� 0918/09�,S®IGany Dane alggedwoo ww L9 x ww SZ iewao}ap 91janbl13 0918/09l,S®IUaAy utlM algltedwoo„8/S Z x„G azis lagel ° 142 072 05 (1) 142 072 06 (2) 142 072 08 (3) Occupant Occupant Occupant 15744 Goldenwest St 7361 Edinger Ave# 15861 Gothard St Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 072 08 (3) 142 072 08 (3) 142 072 08 (3) Occupant Occupant Occupant 15869 Gothard St 15871 Gothard St 15875 Gothard St Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 072 08 (3) 142 072 08 (3) 142 072 08 (3) Occupant Occupant Occupant 15881 Gothard St 15885 Gothard St 15891 Gothard St Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 072 09 (4). 142 074 04 (5) 142 074 05 (6) Occupant Occupant Occupant 7311 Edinger Ave 7441 Edinger Ave 7361 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7232 Edinger Ave 7142 Edinger Ave 7144 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7148 Edinger Ave 7152 Edinger Ave 7154 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7158 Edinger Ave 7160 Edinger Ave 7162 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142131 05 (7) Occupant Occupant Occupant 7164 Edinger Ave 7168 Edinger Ave 7170 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7174 Edinger Ave 7176 Edinger Ave 7180 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7192 Edinger Ave 7194 Edinger Ave 7212 Edinger Ave#A Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 label size 1"x 2 5/8"compatible with Avery 05160/8160112) 2 _ �� --cDj— Etiquette de format 25 mm x 67 m compatible a ec Avery 05160/8160 � A6 0918/0919c(a any oane aIgnedwoo ww Lq x ww gZ jewao}ap 914anbq 0918/0919®ti9ny ql!m algl}edwoo„g/5 Z x j azls lagel e 142 131 05 (7) 14213105 (7) Occupant ; 142 131 05 (7) Occupant Occupant 7212 Edinger Ave#B 7212 Edinger Ave#200 Huntington Beach Ca 92647 7225 Edinger Ave#A H.erritington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142131 05 (7) Occupant 142 131 05 (7) Occupant 7225 Edinger Ave# B Occupant 7225 Edinger Ave# C Huntington Beach Ca 92647 7225 Edinger Ave# D Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 (7) Occupant Occupant 7225 Edinger Ave# E Occupant 7225 Edinger Ave# F 7225 Edinger Ave#G Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington,Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 (7) Occupant Occupant 7225 Edinger Ave# H Occupant 7225 Edinger Ave#1 7225 Edinger Ave*J Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) Occupant 142 131 05 (7) Occupant Occupant 7225 Edinger Ave#K 7227 Edinger Ave*A Huntington Beach Ca 92647 7227 Edinger Ave# B Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 06 (8) Occupant 142 131 11 (9) Occupant Occupant 7227 Edinger Ave* C 7222 Edinger Ave 7152 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 H"unfington Beach Ca 92647 142 321 01 (10) 142 321 02 (11) Occupant 142 321 05 (12) Occupant 16001 Gothard St 16091 Gothard St Occupant 16161 Gothard St #A Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 05 (12) 142 321 05 (12) Occupant 142 321 05 (12) Occupant 16161—Goth Occupantard St #B 1616yG"othard St # C Htx tin ngton Beach Ca 92647 7313 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 (13) Occcupapantt 142 321 06 (13) 142 321 06 (13) Occupant 7301 Murdy Cir Occupant 7305 Murdy Cir 7309 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 08 (14) 142 321 09 (15) Occupant 142 321 09 (15) Occupant 7300 Murdy Cir 16221 Gothard St Occupant Huntington Beach Ca 92647 16291 Gothard St Huntington Beach Ca 92647 Huntington Beach Ca 92647 label size 1"x 2 5/8"compatible with Avery 05160/8160 , 1� —66�tiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09 1-9/09 190(aany oanz algijzdwoo ww�q x ww 9Z 1-ewiof ap aganbl13 09 0091-90 AaaAy urlM aiq!judwoo„8/9 Z x«L azls laqul 142 321 09 (15)..- 4 142 321 10 (16) 142 321 13 (18) Occupant Occupant - 7312,Murdy Cir Occupant 7280 Edinger Ave 7262.,Ecfinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 ...,,H"untington Beach Ca 92647 142 321 13 (18) 142 321 13 (18) 142 321 13 (18) Occupant Occupant Occupant 7266 Edinger Ave#A 7266 Edinger Ave# B 7266 Edinger Ave#C Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 13 (18) 142 321 13 (18)Occupant Occup 142 321 13 (18) a nt Occupant 7266 Edinger Ave# D 7266 Edinger Ave# E 7266 Edinger Ave#F Huntington Beach Ca 92647 Huntington Beach Ca 92647 .Huntington Beach Ca 92647 142 321 13 (18) 142 321 13 (18) 142 321 13 (18) Occupant Occupant Occupant 7266 Edinger Ave #G 7266 Edinger Ave# H 7266 Edinger Ave#I Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 13 (18) 142 321 13 (18) 142 321 13 (18) Occupant Occupant Occupant 7266 Edinger Ave#J 7266 Edinger Ave# K 7266 Edinger Ave# L Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 13 (18) 142 321 15 (20) 142 321 15 20 Occupant Occupant ( ) 7266.Edinger Ave#M Occupant 16131 Gothard St #A 16131 Gothard St # B Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 15 (20) 142 321 15 (20) ,Occupant Occupant Occupant 16131 Gothard St # C 16131 Gothard St # D 16131 Gothard St # E Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 16131 Gothard St # F 16131 Gothard St #.G 16131 Gothard St #H Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 16131 Gothard St # 1 16131 Gothard St #J 16131 Gothard St # K Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 3.21 15 (20) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 16131 Gothard St # L 16131 Gothard St #M 16131 Gothard St # N Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 label size 1"x 2 5/8"compatible with Avery 05160/8160 MM//4 —W,5�,,Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 //� 09L8/09Lgo(aany oone olgqudwoo ww Lg x ww gZ jewjof op 91jonbl13 09L8/09Lg@ fU9Ad qpm algljedwoc„8/g Z x,j azls lagel 142 321 15 (20) 142 321 17 (22) 142 321 17 (22), Occupant Occupant Occupant 16131 Gothard St # O 7290 Murdy Cir 7261 Murdy Cir Huntirgton Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 17 (22) 142 321 17 (22) 142 321 17 (22) Occupant Occupant Occupant 7271 Murdy Cir 7275 Murdy Cir 7281 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 17 (22) 142 321 17 (22) 142 321 17 (22) Occupant Occupant Occupant 7283 Murdy Cir 7287 Murdy Cir 7288 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 351 17 (24) 142 351 18 (25) 142 351 25 (32) Occupant Occupant Occupant 7151 Bluesails Dr 7161 Bluesails Dr 16152 Moonglow Ln Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 03 (51) 142 511 04 (52) 142 511 04 (52) Occupant Occupant Occupant 7402 Edinger Ave 7362 Edinger Ave#A 7362 Edinger Ave# B Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 04 (52) 142 511 04 (52) 142 511 04 (52) Occupant Occupant Occupant 7454 Edinger Ave 7466 Edinger Ave 7470 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 04 (52) 142 511 06 (54) 142 511 08 (56) Occupant Occupant Occupant 7490 inger Ave 7411 Lorge Cir 7451 Lorge Cir H -ntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 i 142 511 08 (56) 142 511 08 (56) 142 511 10 (57) Occupant Occupant Occupant 7455 Lorge Cir 7461 Lorge Cir 7452 Lorge Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 10 (57) 142 511 10 (57) 142 511 10 (57) Occupant Occupant Occupant 7454 Lorge Cir 7456 Lorge Cir 7462 Lorge Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 11 (58) 142 511 12 (59) 142 511 13 (60) Occupant Occupant Occupant 7436 Lorge Cir 16130 Gothard St 16182 Gothard St #A Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 label size 1"x 2 5/8"compatible with Avery 05160/8160 !�X 1 �� LV`'-Viquette de format 25 mm x 67 mm compatible avec Avery 0,5160/8160 0918/09 GS®AaeAV oane algnedwoo ww L9 x ww SZ�ewaof ap ationblt3 09 G8/09 G9G,luany qj!M aigljedwoo<<8/S Z x,j azis lagel ° 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant 16182 Gothard St # B 16182 G Occupant Gothard St # C 16182 Gothard St # D Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St # E 16182 Gothard St # F 16182 Gothard St # G Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St # H 16182 Gothard St # 1 16182 Gothard St #J Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St # K 16182 Gothard St # L 16182 Gothard St #M Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St # N 16182 Gothard St #O 16182 Gothard St # P Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St # Q 16182 Gothard St # R 16182 Gothard St #S Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St #T 16182 Gothard St # U 16182 Gothard St #V Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 16 (61) 142 511 17 (62) Occupant Occupant 16212 Gothard St 7450 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 label size 1"x 2 5/8"compatible with Avery°5160/8160_ G1 / Co°�Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 0918/0919®laany oaA?algljtdwoo ww Lg x ww gZ jewaoi ap 9j;9nbR3 0918/094iSOP Lnl&qlwp��qjqtic X� �5�a4 1 nE 142-131-05 142-131-05 Occupant 142-072-08 Occupant Occupant 7202 Edinger Ave 7218 Edinger Ave 15851 Gothard St Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-072-08 142-072-08 Occupant 142-072-08 Occupant 15863 Gothard St Occupant Gothard St Huntington Beach, CA 92647 15867 Gothard St Huntington Beach, CA 92647 Huntington Beach, CA 92647 Occupant ant O 142-072-08 142-131-11 Occu Occupant 15877 Gothard St Occupant 15887 Gothard St 7114 Edinger Ave, Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 Occupant ant O 142-131-11 142-131-11 Occu Occupant 7120 Edinger Ave Occupant 7128 Edinger Ave 7130 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-131-11 142-131-11 142-131 11 Occupant Occupant 7132 Edinger Ave Occupant 7132 Edinger Ave 7140 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-131-11 142-131-11 Occupant Occupant 142-131-11 7166 Edinger Ave Occupant 7172 Edinger Ave 7184 Edinger Ave Hl_,ntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-131-11 142-321-08 142-321-08 Occupant Occupant 7188 Edinger Ave Occupant 7294 Murdy Circle 7306 Murdy Circle Huntington Beach, CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92647 142-321-08 142-321-13 Occupant Occupant 142-321-13 7312 Murdy Circle 7262 Edinger Ave Unit A Occupant Huntington Beach, CA 92647 Huntington Beach, CA 92647 7262 Edinger Ave Unit B Huntington Beach, CA 92647 142-321-13 142-321-13 142-321-13 Occupant Occupant Occupant 7262 Edinger Ave Unit C 7262 Edinger Ave Unit D Huntington Beach, CA 92547 7262 Edinger Ave Unit E Huntington Beach, CA 92647 Huntington Beach,CA 92647 142-321-17 142-321-17 142-321 17 Occupant Occupant Occupant 7263 Murdy Circle 7265 Murdy Circle 7267 Murdy Circle H;intington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 i label size 1"x 2 6f9"Eprilpallbke 1N4th Avery°5160/6160 ��EtigeOtte de format 25 mm x 67 mm compatible avec fiver ®51`60/8160 �i 09L8/0915®Aaany aaAE 9gludwoo ww L9 x ww 5Z Iswaoi op aj;anblj3 e 0918/+( � `�1tl+h'h`�1 � i�&�F� /w ;a�ls,.l � 142-321-17 142-321-17 142-321-17 Occupant Occupant Occupant 7269 Murdy Circle 7273 Murdy Circle 7277 Murdy Circle Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-321-17 142-321-17 142-321-17 Occupant Occupant Occupant 7285 Murdy Circle 7289 Murdy Circle 7282 Murdy Circle H .ntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-321-17 142-321-17 142-511-17 Occupant Occupant Occupant 7284 Murdy Circle 7286 Murdy Circle 7480 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-511-06 142-511-07 142-511-08 Occupant Occupant Occupant 16102 Gothard St 7409 Lorge Circle 7453 Lorge Circle Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-511-10 Occupant 7460 Lorge Circle Huntington Beach, CA 92647 "v 1 / iiette de form t23`m xfi7 mmr cornpatible avec Avery 05160/816G / 091.8/090@ AJanV oane alggedwoo ww Lg x ww 9Z tewa01 ap 91janblt3 09L8/ �) #R!ecl�igo�Ci�/ e,,. s� ° ' 19,gl;1 28 ' =Q& Huntington Beach Post Office 29 - Fountain Valley Elem. School Dist, Fountain Valley Elem. School Dist. L NE Al Growth Coordinator 6771 Warner Ave. Marc Ecker r Av 10055 Slater Av Rina Lucchese, Executive Assistant Huntington Beach, CA 92647 enue 10055 Slater Avenue Fountain Valley, CA 92708 Fountain Valley, CA 92708 30 30 HB City Elementary School Dist. HB City Elementary School Dist. 3. Gre[ , Haulk, Superintendent Ocean View Elem. School Dist. Arch 20451 Crimer 20451 Craimer Lane John aimerld Attn: Cindy Pulfer, Admin. Services Huntington Beach, CA 92648 H Lane 17200 Pinehurst Lane Huntington Beach, CA 92648 Huntington Beach, CA 92647 Ocean View Elem, School Dist. 31 32 32 William Loose, Superintendent _ Westminster School District Westminster School District J.7200 Pinehurst Lane Christine Fullerton Richard Tauer, Superintendent Huntington Beach, ne 14121 Cedarwood Avenue 14121 Cedarwood Avenue Westminster, CA 92683 Westminster, CA 92683 33 33 HB Union High School District HB Union High School District 35 Stephen Ritter Goldenwest College Greg Plutl<o, Superintendent 5832 Bolsa Avenue Attn. Fred Owens5832 Bolsa Avenue Huniington Beach, CA 92649 Huntington Beach, CA 92649 15744 Goldenwest St. Huntington Beach, CA 92647 37 Bella Terra Mall Edmond Connor Mr. Gustavo Balderas P,tn: Pat Rogers-Laude Connor, Fletcher& Williams LP Superintendent 7 77 Edinger Ave. #300 2211 Michelson Drive, Suite 1100 Ocean View School District Huntington Beach, CA 92647 Irvine, CA 92612 17200 Pinehurst Lane Huntington Beach, CA 92647-5569 f cQ,mpatbl� tfa0/vef51,¢,Q/8160 �� � tte d6-1 fmaf'25imm xB7 mm cam patible aveo Avery 951 6 0/8-1 6 0 • + ► 1 1 'D r- �' f' rkil, ' Day m7t Printed :0602Pa'trkiaGarnino _A 30 2013 9: atn 1 Salespersor4 r r 'Phone: Ad#3562683 rr�r t�t1ln#a cttt ACtinforraa#i4�x ' .;(C i1 Cat Huntington _... 4.,. . _..: 227 `Startdi:it�r09 05-13 `Size;1 x 121.340 ty Beach(Parent) 09-05-13 size, 12.00 TCN Inch PO Box 784 base Q. Huntington Beac, A 92648 fiats &Legal Huntington Beach type Liner C { 1 Tak6riby, 0622 Daniel Arretche, ` Ct100070479 � $96.00�� i 'Class 13000-Le al Notices 171 Prsbs TCNHBfJBtprtCe' $96,00 Al CHI31Ci#y 0t Huntington Beach-Clerk's 0 Pa Es arzarrttDtte $96,00 P tlot�Rmotmtt)lfe e0t to (714)374 1557 t I d („ Ad Copy: NOTICE OF PUBLIC NEARING _ BEFORE THE CITY COUNCIL OF THE CITY OF HIN IVIGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, September 16, 2013, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: C1 1. DEVELOPMENT AGREEMENT NO. 13- 002 (PEDIGO APART- MENTS) Applicant: Pedigo Products, Inc. and Pedigo South, inc., c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group,LLC Property Owner:Pedigo Products, Inc. and Pedigo South, Inc, and George and Helen Psaros Request: To enter into a development agree- ment between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments,a 510 multi- family residential de- velopment with a six- level parking structure, leasing office, resident fitness and recreation areas and public open space. Location: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (five parcels located at the southwest corner of Edinger Avenue and Gothard Street encom- passing approximately 8.5 acres)City Contact: Jilt A'abe, Associate Planner NOTICE IS HEREBY GIVEN that Item fit is -- ad proof pg.1 --- CLAS1'F1ED PDailylot- ,tdDailyl of Printedb :0602PatriciaGa y m➢no Aug 30,2013,9:43 am : .! Salesperson:e: � r: I . Phone: a • Ad 35626831 � exempt from the provi- sions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Hun- tington Beach,California 926",for inspection by the public.A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at bttp://www.hvnting tonbeachca.gov on Thursday,September 12, 2013. ALL INTERESTED PER- SONS 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 Coun- cil'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 correspon- dence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the C fty Clerk. Joan L.Flynn,City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,Cali- fornia 92648 714-536-5227 http://huntin ton beachco.gov� HBPubiicComments/ Published H.B.Indepen- dent 9/5/13 __- ad proof pg.2 --- °A a CITY OF HUNTINGTON BEACH Inter Office Communication Planning and Building Department TO: Honorable Mayor and City Council Members VIA: Fred A. Wilson, City Manager FROM: Scott Hess, AICP, Director of Planning and Building DATE: August 13, 2013 SUBJECT: DEVELOPMENT AGREEMENT NO. 13-002 (PEDIGO APARTMENTS) Development Agreement No. 13-002 for the Pedigo Apartments Project is recommended to be continued to the City Council meeting of September 16, 2013, at the applicant's request in order to complete preparation of the documents. Motion to: "Continue Development Agreement No. 13-002 to the City Council meeting of September 16, 2013, at the applicant's request." Dept.ID PL 13-017 Page 7 of 4j Meeting Date:8/5/2013� CITY OF HUNTINGTON B AC REQUEST FOR CITY COUNCIL ACTI , MEETING DATE: 8/5/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building C� SUBJECT: Approve for introduction Ordinance No. _adopting elopment Agreement by and between the City of Huntington Beach, Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (Development Agreement No. 13-002— Pedigo Apartments) Statement of Issue: Transmitted for your consideration is a request to enter into a Development Agreement between the City of Huntington Beach and Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments, a 510 unit multi- family residential development with a six-level parking structure, leasing office, resident fitness and recreation areas and public open space. Financial Impact: Not applicable. Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: A) Approve "Development Agreement No. 13-002 with findings for approval which includes Affordable Housing Agreement Restrictions-Rental (Declaration of Conditions, Covenants and Restrictions for Property) (ATTACHMENT NO. 1); and B) Approve for introduction Ordinance No. .�v"�, 'An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach, Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (Development Agreement No. 13-002— Pedigo Apartments)'." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Development Agreement No. 13-002 with findings for denial." 2. "Continue Development Agreement No. 13-002 and direct staff accordingly." Dept.ID PL 13-017 Page 2 of 4 Meeting Date:8/5/2013 Analysis: A. PROJECT PROPOSAL: Applicant: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe and Rick Lamprecht, ArchRock Development Group LLC, 4000 SE Columbia Way, Vancouver, WA 98661 Location: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street(Southwest corner of Edinger Avenue and Gothard Street) Development Agreement No. 13-002 represents a request to enter into a Development Agreement between the City of Huntington Beach and Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments, a 510 unit residential development with a six-level parking structure, leasing office, private recreational amenities, and 25,815 sq. ft. of public open space. The key points of Development Agreement No. 13-002 (Attachment No. 2) include: - 7-year effective term (page 5, section 2) - Vests property owner's right to construct project in accordance with the approved development plan pursuant to Site Plan Review No. 12-002, approved by the Planning Commission on July 9, 2013 (page 5, subject to paragraphs 3.3 through 3.8) - Provision of 51 affordable housing units (page 7, section 5) The Pedigo Apartments is located on an approximately 8.5 acre site at the southwest corner of Gothard Street and Edinger Avenue. The existing five buildings will be demolished to accommodate the development. B. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a public hearing to consider Site Plan Review No. 12-002, Tentative Parcel Map No. 12-113, and Development Agreement No. 13-002 at their regular meeting on July 9, 2013. Staff gave an overview presentation of the project entitlements. There were eight speakers during the public hearing. The Commission had questions related to traffic impacts, environmental hazards, and fire access for the proposed apartment building. The project entitlements including Development Agreement No. 13-002 were then approved by the Commission. The Commission also acted to forward the draft ordinance to the City Council. Planning Commission Action on July 9, 2013: The motion made by Franklin, seconded by Bixby, to approve Development Agreement No. 13-002 with findings for approval (Attachment No. 1) and forward the draft ordinance to City Council carried by the following vote: AYES: Franklin, Bixby, Kalmick, Pinchiff, Mandic, Dingwall, Peterson NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Dept.ID PL 13-017 Page 3 of 4 Meeting Date:8/5/2013 C. STAFF ANALYSIS AND RECOMMENDATION: Consistency with the Beach and Edinger Corridors Specific Plan and General Plan The City is authorized pursuant to California Government Code Section 65864 et. Seq. and Chapter 246 of the Huntington Beach Zoning and Subdivision Ordinance to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. The objective of a development agreement is to provide assurances that an applicant can proceed with a project in accordance with existing policies and standards in place at the time of project approval. The City and property owners desire to enter into a development agreement for the subject site in order to achieve the mutually beneficial development of the property. The development agreement ensures that the project includes affordable units and is developed in accordance with Site Plan Review No. 12-002 and Tentative Parcel Map No. 12-113. The development agreement would be effective for seven years and vests the property owner's right to construct the project pursuant to the terms of the affordable housing agreement. The development agreement is consistent with the General Plan land use designation as it relates to the approved project's consistency with the General Plan. Affordable Housing The Beach and Edinger Corridors Specific Plan (BECSP), requires that a minimum of 10 percent of total units be provided as affordable housing for new residential development of three or more units. Of the 510 total units, the project will provide 51 affordable units onsite. 43 of the affordable units will be available to moderate income households and the remaining 8 affordable units will be available to low income households. The development agreement stipulates these requirements in addition to the 55-year affordability period and the timing for which the affordable units shall be constructed. The development agreement also includes a separate affordable housing agreement exhibit to be recorded, which further specifies details for the affordable units including income requirements, household size and the timing for the affordability period to take effect. E. SUMMARY Staff recommends approval of Development Agreement No. 13-002 because it is: • Consistent with the General Plan; • Conforms to the provisions of Chapter 246 Development Agreements of the Huntington Beach Zoning and Subdivision Ordinance; • Consistent with the approved project and the Conditions of Approval and Mitigation Measures adopted pursuant to Site Plan Review No. 12-002 and Tentative Parcel Map No. 12-113; and • Ensures the mutually beneficial development of the approved project and serves the affordable housing needs of the community by providing 51 affordable housing units. Environmental Status: The proposed project is exempt under the provisions of the California Environmental Quality Act pursuant to Section 15182 of the CEQA Guidelines and Government Code 65457, which states that when an Environmental Impact Report (EIR) has been prepared for a specific plan, there is no need to prepare an EIR or Mitigated Negative Declaration (MND) for residential projects in conformity with that specific plan. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the previously certified Program EIR for the Beach and Edinger Corridors Specific Plan project. The Environmental Assessment Committee also reviewed the checklist prepared for this project and Dept.ID PL 13-017 Page 4 of 4 Meeting Date:8/5/2013 determined that potentially significant effects of the project have been analyzed pursuant to the BECSP Program EIR No. 08-008 and can be mitigated pursuant to applicable mitigation measures adopted for the BECSP Program EIR. The affordable housing requirements/agreement, executed via the proposed development agreement, was included in the scope of the project approved by the Planning Commission on July 9, 2013. Strategic Plan Goal: Enhance economic development Attachment(s): 1. Findings for Approval— Development Agreement No. 13-002 2. Ordinance No. _"An Ordinance of the City of Huntington Beach Adopting a Development Agreement By and Between the City of Huntington Beach, Pedigo Gothard LLC, Pedigo South Edinger LLC, and George W. Psaros Trust (Development Agreement No. 13-002— Pedigo Apartments)." 3. Planning Commission Staff Report dated July 9, 2013 4. Site Plan Review No. 12-002/Tentative Parcel Map No. 12-113/Development Agreement No. 13-002— Notice of Action with Findings and Conditions of Approval 5. PowerPoint Presentation SH:KDC:JJ:JA CITY OF HUNTINGTON BE Inter Office Communication Planning and Building Department TO: Honorable Mayor and City Council Members VIA: Fred A. Wilson, City Manager FROM: Scott Hess, AICP, Director of Planning and Building v* DATE: July 31, 2013 SUBJECT: DEVELOPMENT AGREEMENT NO. 13-002 (PEDIGO APARTMENTS) Development Agreement No. 13-002 for the Pedigo Apartments Project is recommended to be continued to the City Council meeting of August 19, 2013, at the applicant's and staff s request in order to complete preparation of the documents. Motion to: "Continue Development Agreement No. 13-002 to the City Council meeting of August 19, 2013, at the applicant and staff s request." i r J. i,Pnnteclt>y 0S02Patrida,Gaint Jul 2013,t2 37pm ;Rhorte: M 1 �1 uGOMt�11l �11tESl11u:: w I ionE3 w (714}536,5227 t0ddat 07-25-13 J x 119,340 4 e :1 x 7E1 ' ). s e 07-25-13. : 1 w 12 41) €CN trtc u CI (�fHuntin ton eAch(Par6nt 1 lurltin g _ . - Al,� WLiaar.top Bea £ &Le9al Huntin ton Beach z r pG�O1R13�j0622 Daniel Arretche m - r, �T ' �� f CU3Q00 hi 13000-wL Legal Notices' -` 96 C0 1. �Cierlt: CI t}fHuntin tonBeelch-Cl TCNHBI `INil , $9£tJ0 r 9 $96 OC3 - � i ,: � I t�yt T scrbl�fisyc�ge,i � 1 � v t '�ttt�� 4' t5�tlti�tti�'r6�� at Ad Copy: NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF.HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 5, 2013.at 6:00 p.m.:in the City Council Chambers,. 2000 Main Street,. Huntington Beach, the City Council will hold a public hearing on the following.planning and zoning items:. ❑ 1. DEVELOPMENT AGREEMENT NO.: 13- 002 (PEDIGO APART- MENTS) Applicant: Pedigo Products, Inc.and Pedigo South, Inc. c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group,LLC Property Owner:Pedigo Products, Inc. and Pedigo South, Inc. and George and Helen Psaros Request: To enter into a development agree- ment l between :the City of Huntington Beach and Pedigo Gothard; LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments;a 510 multi- family residential de- velopment with a six- level:parking structure, leasing office,. resident fitness and recreation: areas and public open space. Location:.7262; 7266, 7280 Edinger Avenue and 16001, 17091- Gothard Street - (five:parcels located at the southwest corner of - Edinger Avenue and Gothard: Street encom- passing approximately 8:5 acres)City Contact: Jilt Arabe. Associate Planner NOTICE IS H€REB.Y. GIVEN that.item #1 is .. ad proof pg 1 --- LASSIF r k{'' (', Wry P�Iot . _ o v S E U'D ~ Sales erso 602PatridaGamino +� Ju122 2013,1237pm A]� a p �t1VPt�e I Phone: Ail#35S82j2 exempt from the provi- sions of the California Environmental Quality Act. ON FRE-A copy of the proposed-request is on flee in,the Planning and Building Department, - 2000 Main.Street, Hun- tington Beach;.California 92648,for inspection by the public.A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http://www.huntingto nbeachca.gov,on Thurs- day,August 1,2013. ALL. INTERESTED PER- SONS 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 Coun- cil'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 correspon- dence delivered' to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City.Clerk.-- - Joan L.Flynn,City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach;.Cali- fornia 92648 714-536-5227 http://huntington beachco.gov/ HBPublicComments/ -- ad proof pq.2 - ,'A -..:, PROOF OF i O 1. DEVELOPMENT Planning and Building AGREEMENT 'NO'. 13- Department at, (714) ��� /h��®@�g 002, (P E D I G O the above and refer to) C� a� APARTMENTS) Appli- the above items. Direct cant: Pedigo Products, your written communi- .Inc. and Pedigo South, cations to. the City Inc., c/o Ken Keefe & Clerk. Rick 'La m p r e c h t Joan L.Flynn,City Clerk STATE rchRock Development City of Huntington Beach 1/�i�G ®� CALIFORNIA)I1tlV Group,, .LLC. Property, '2000MaFloo Street,2nd Owner: Pedigo Pro- Floor ducts, Inc. and Pedigo Huntington Beach, South, lnc. and George California 92648 )'SS, and Helen 'Psaros Re- 714-536-5227 quest: To enter into a http://huntington COUNTCOUNTY OF ORANGE ) detweement.•agCity of " beaicComhco.gov/ i Y ll"ii between the City of HBPublicComments Huntington .Beach_ and Pedigo Gothard; LLC, Pedigo South Edinger, LLC,, and George .W. I am a citizen of the United States and a Psaros Trust (property owners) pursuant to ap- resident of the County of Los Angeles; I provals for the Pedigo Apartments, a 510 am over the age of eighteen years, and multi-family residential development with a six- not a party to or interested in the notice level parking structure, leasing office, resident published. I am a principal clerk of the fitness and recreation HUNTINGTON' BEACH areas and public open space.. Location: 7262, 7266,7280 Edinger Ave INDEPENDENT; which was adjudged a nue. and 16001, 17091 Gothard :Street (five newspaper . of.. general circulation on parcels located at the southwest corner of September 29,:'1961, case A6214, and Edinger Avenue and Gothard Street encom- June 11, 19,63, case A24831, for the passing approximately 8.5 acres) City Contact: City of Huntington Beach, County of Jill Arabe; Associate Orange, and the State of California. Planner NOTICE IS HEREBY GIV- EN Attached to this Affidavit is a true and ex that Item #1 is exempt from the provi- ' complete copy as was printed and Environmental the California Environmental . Quality published on the following date(s): Act. ON FILE: A copy of the proposed request'is on file in the Planning and Building ,Department, 2000 Main Street,,Hun- tington Beach, Califor- Thursday, July 25, 2013 nia 92648, for inspec- tion by the public. A copy of the staff report will be available to.in- terested parties at the City Clerk's Office or on certif or declare under line at h»p://wwvi. y ( ) p enalt y huntingto nbe_achco.gov on of perjury that the foregoing is true Thursday, August 1, and correct. ALL ALL INTERESTED PER- SONS are invited to.at- NOTICEOFPUBLICHEARING tend said nearing and express opinions or sub- i BEFORE THE CITY COUNCIL mit evidence for or OF THE against the application as outlined above.If you Executed on July 30, 2013 CITY OF HUNTINGTON challenge the City Coun- BEACH cil's action incourt,you at Los Angeles California NOTICE IS HEREBY GIV- may n limited to raisus- , ing only those issues EN that on Monday„Au- you or someone else gust. 5, 2013, at 6:00 raised .at the public p.m. in the City,Council hearing described in this Chambers, 2000 Main notice,or in written cor- Street, Huntington respondence delivered Beach, the City Council to the City at, or'prior will hold a public hear- to;the public hearing. If 'ing on the following there are any further planning and zoning questions please call the items:-- ---- Signature NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 5, 2013, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: U 1. DEVELOPMENT AGREEMENT NO. 13-002 (PEDIGO APARTMENTS) Applicant: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group, LLC Property Owner: Pedigo Products, Inc. and Pedigo South, Inc. and George and Helen Psaros Request: To enter into a development agreement between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments, a 510 multi-family residential development with a six-level parking structure, leasing office, resident fitness and recreation areas and public open space. location: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (five parcels located at the southwest corner of Edinger Avenue and Gothard Street encompassing approximately 8.5 acres) City Contact: Jill Arabe, Associate Planner NOTICE IS HEREBY GIVEN that Item #1 is exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http://www.huntin.qtonbeachca.gov on Thursday, August 1, 2013 . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, California 92648 714-536-5227 G:\LEGALS\CITY COUNCIU2013\080513 Pedigo.doc http://huntingtonbeachca.gov/HBPublicComments/ GALEGALS\CITY COUNCIL\2013\080513 Pedigo.doc - 28 29 Huntington Beach Post Office Fountain Valley Elem. School Dist. 29 NE 1J Growth Coordinator Fountain Valley Elem. School Dist. Marc Ecker Rina Lucchese, Executive Assistant 6771 Warner Ave. 10055 Slater Avenue Hun`ington Beach, CA 92647 Fountain Valley, CA 92708 10055 Slater Avenue Fountain Valley, CA 92708 30 30 HB City Elementary School Dist. 31 HB City Elementary School Dist. Ocean View Elem. School Dist. Gre€g Haulk, Superintendent John Archiald 0451 Craimer Lane Attn: Cindy Pulfer, Admin. Services Hun'.2 451 Beach, La 92648 20451 Craimer Lane 17200 Pinehurst Lane Huntington Beach, CA 92648 Huntington Beach, CA 92647 31 32 Ocean View Elem. School Dist. 32 William Loose, Superintendent Westminster School District Westminster School District 1 Lo Pinehurst Lane Christine Fullerton Richard Tauer, Superintendent 14121 Cedarwood Avenue 14121 Cedarwood Avenue Huntington Beach, ne Westminster, CA 92683 Westminster, CA 92683 33 33 HB Union High School District HB Union High School District 35 Stephen Ritter Goldenwest College Greg Plutl<o, Superintendent 5832 Bolsa Avenue 5832 Bolsa Avenue Attn: Fred Owens Hun ington Beach, CA 92649 15744 Goldenwest St. Huntington Beach, CA 92649 Huntington Beach, CA 92647 37 Bella Terra Mall Edmond Connor Mr. Gustavo Balderas tn: Pat Rogers-Laude Connor, Fletcher& Williams LP Superintendent 7 77 Edinger Ave. 4300 2211 Michelson Drive, Suite 1100 Ocean View School District Hun:ington Beach, CA 92647 Irvine, CA 92612 17200 Pinehurst Lane Huntington Beach, CA 92647-5569 ii�—V u Il ;a ti It ti 142-321-17 142-321-17 142-321-17 Occupant Occupant Occupant 7269 Murdy Circle 7273 Murdy Circle 7277 Murdy Circle Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-321-17 142-321-17 142-321-17 Occupant Occupant Occupant 7285 Murdy Circle 7289 Murdy Circle 7282 Murdy Circle W.ntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-321-17 142-321-17 142-511-17 Occupant Occupant Occupant 7284 Murdy Circle 7286 Murdy Circle 7480 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-511-06 142-511-07 142-511-08 Occupant Occupant Occupant 16102 Gothard St 7409 Lorge Circle 7453 Lorge Circle Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-511-10 Occupant 7460 Lorge Circle Huntington Beach, CA 92647 t t='t.,/Jc?tc c'tSt _ E S E 142-131-05 142-131-05 Occupant 142-072-08 Occupant 7202 Edinger Ave 7218 Edinger Ave Occupant Huntington Beach, CA 92647 15851 Gothard St Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-072-08 142-072-08 Occupant 142-072-08 Occupant 15863 Gothard St 15865 Gothard St Occupant Huntington Beach, CA 92647 15867 Gothard St Huntington Beach,CA 92647 Huntington Beach, CA 92647 142-072-08 142-072-08 Occupant 142-131-11 Occupant 15877 Gothard St Occupant15887 Gothard St Huntington Beach, CA 92647 7114 Edinger Ave, Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-131-11 142-131-11 Occupant 142-131-11 Occupant 7120 Edinger Ave Occupant 7128 Edinger Ave Huntington Beach, CA 92647 7130 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-131-11 142-131-11 Occupant 142-131-11 Occupant Occupant 7132 Edinger Ave 7132 Edinger Ave Huntington Beach, CA 92647 7140 Edinger Ave Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-131-11 142-131-11 Occupant 142-131-11 Occupant Occupant 7166 Edinger Ave 7172 Edinger Ave Huntington Beach, CA 92647 7184 Edinger Ave Huntington Beach,CA 92647 Huntington Beach,CA 92647 142-131-11 142-321-08 Occupant 142-321-08 Occupant Occupant 7188 Edinger Ave 7294 Murdy Circle 7306 Murdy Circle H.mtington Beach, CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92647 142-321-08 142-321-13 Occupant Occupant 142-321-13 7312 Murdy Circle 7262 Edinger Ave Unit A Occupant Huntington Beach, CA 92647 Huntington Beach, CA 92647 7262 Edinger Ave Unit B Huntington Beach,CA 92647 142-321-13 142-321-13 142-321-13 Occupant Occupant 7262 Edinger Ave Unit C Occupant 7262 Edinger Ave Unit D 7262 Edinger Ave Unit E H.rntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647 142-321-17 142-321-17 Occupant 142-321-17 Occupant Occupant 7263 Murdy Circle 7265 Murdy Circle 7267 Murdy Circle H;.;ntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA.,0 2647 142 511 13 (60) 142 511 13 (60) Occupant 142 511 13 (60) Occupant 16182 Gothard St # B 16182 Gothard St #C Occupant 16182 Gothard St # D Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant 16182 Gothard St # E Occupant 16182 Gothard St # F 16182 Gothard St # G Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant 16182 Gothard St # H Occupant 16182 Gothard St # I 16182 Gothard St #J Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (6D) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St #K 16182 Gothard St # L 16182 Gothard St #M Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St # N 16182 Gothard St # O 16182 Gothard St #P Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St #Q 16182 Gothard St #R 16182 Gothard St #S Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 13 (60) 142 511 13 (60) 142 511 13 (60) Occupant Occupant Occupant 16182 Gothard St #T 16182 Gothard St # U 16182 Gothard St #V Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 16 (61) 142 511 17 (62) Occupant Occupant 16212 Gothard St 7450 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 17 (22)Occupant 142 321 17 (22) 16131 Gothard1St'#O Occupant Occupant 7290 Murdy Cir 7261 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca-92647 142 321 17 (22) 142 321 17 (22) 142 321 17 (22) Occupant Occupant Occupant 7271 Murdy Cir 7275 Murdy Cir 7281 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 17 (22) 142 321 17 (22) 142 321 17 (22) Occupant Occupant Occupant 7283 Murdy Cir 7287 Murdy Cir 7288 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 351 17 (24) 142 351 18 (25) 142 351 25 (32) Occupant Occupant Occupant 7151 Bluesails Dr 7161 Bluesails Dr 16152 Moonglow Ln Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 03 (51) 142 511 04 (52) 142 511 04 (52) Occupant Occupant Occupant 7402 Edinger Ave 7362 Edinger Ave#A 7362 Edinger Ave#B Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 04 (52) 142 511 04 (52) 142 511 04 (52) Occupant Occupant Occupant 7454 Edinger Ave 7466 Edinger Ave 7470 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 04 (52) 142 511 06 (54) 142 511 08 (56) Occupant , Occupant Occupant 7490�ng�Ave 7411 Lorge Cir 7451 Lorge Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 i 142 511 08 (56) 142 511 08 (56) 142 511 10 (57) Occupant Occupant Occupant 7455 Lorge Cir 7461 Lorge Cir 7452 Lorge Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 10 (57) 142 511 10 (57) 142 511 10 (57) Occupant Occupant Occupant 7454 Lorge Cir 7456 Lorge Cir 7462 Lorge Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 11 (58) 142 511 12 (59) 142 511 13 (60) Occupant Occupant Occupant 7436 Lorge Cir 16130 Gothard St 16182 Gothard St #A Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 09 (15),:- ~ 142 321 10 (16) Occupant 142 321 13 (18) .- + Occupant 7312 Occupant ­­,­—, Cir 7280 Edinger Ave �` ` Huntington Beach Ca 92647 7262"Edinger Ave Huntington Beach Ca 92647 .,,Huntington Beach Ca 92647 142 321 13 (18) 142 321 13 (18) 142 321 13 (18) Occupant Occupant 7266 Edinger Ave#A Occupant 7266 Edinger Ave #B 7266 Edinger Ave#C Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 13 (18) 142 321 13 (18) 142 321 13 (18) Occupant Occupant 7266 Edinger Ave# D Occupant 7266 Edinger Ave#E 7266 Edinger Ave# F Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 13 (18) 142 321 13 (18) 142 321 13 (18) Occupant Occupant 7266 Edinger Ave#G Occupant 7266 Edinger Ave# H 7266 Edinger Ave# I Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 13 (18) 142 321 13 (18) 142 321 13 (18) Occupant Occupant Occupant 7266 Edinger Ave#J 7266 Edinger Ave# K 7266 Edinger Ave# L Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 13 (18) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 7266 Edinger Ave#M 16131 Gothard St #A 16131 Gothard St # B Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 16131 Gothard St #C 16131 Gothard St # D 16131 Gothard St # E Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 16131 Gothard St # F 16131 Gothard St #G 16131 Gothard St #H Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 16131 Gothard St # 1 16131 Gothard St #J 16131 Gothard St # K Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 15 (20) 142 321 15 (20) 142 321 15 (20) Occupant Occupant Occupant 16131 Gothard St # L 16131 Gothard St # M 16131 Gothard St #N Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 7 Occupant �'i> ( ) Occupant Occupant 7212 Edinger Ave#B 7212ing"er Ave #200 Huntington Beach Ca 92647 7225 Edinger Ave#A IH.untington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) Occupant 142 131 05 (7) Occupant 7225 Edinger Ave# B Occupant 7225 Edinger Ave#C 7225 Edinger Ave# D Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 (7) Occupant Occupant 7225 Edinger Ave# E Occupant 7225 Edinger Ave# F 7225 Edinger Ave#G Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142131 05 (7) 142 131 05 (7) 142 (7) Occupant Occupant 7225 Edinger Ave# H Occupant 7225 Edinger Ave# 1 7225 Edinger Ave#J Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 (7) Occupant Occupant 7225 Edinger Ave# K Occupant 7227 Edinger Ave#A 7227 Edinger Ave# B Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 06 (8) 142 131 11 (9) Occupant Occupant ;- 7227 Edinger Ave# C Occupant _ 7222 Edinger Ave 7152E ing'er Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Hun ington Beach Ca 92647 142 321 01 (10) 142 321 02 (11) 142 321 05 (12) Occupant Occupant 16001 Gothard St Occupant 16091 Gothard St 16161 Gothard St #A Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 05 (12) _ 142 321 05 (12) 142 321 05 (12) Occupant Occupant 16161 Gothard St # B —' Occupant // 16161_Gothard St # C 7313 Murdy Cir ,H-untington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 06 (13) 142 321 06 (13) 142 321 06 (13) Occupant Occupant 7301 Murdy Cir Occupant 7305 Murdy Cir 7309 Murdy Cir Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 321 08 (14) 142 321 09 (15) 142 321 09 (15) Occupant Occupant 7300 Murdy Cir Occupant 16221 Gothard St 16291 Gothard St Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 072 05 (1) 142 072 06 (2) 142 072 08 (3) Occupant Occupant Occupant 15744 Goldenwest St 7361 Edinger Ave# 15861 Gothard St Huntington Beach Ca 92647 H-ufitington Beach Ca 92647 Huntington Beach Ca 92647 142 072 08 (3) 142 072 08 (3) 142 072 08 (3) Occupant Occupant Occupant 15869 Gothard St 15871 Gothard St 15875 Gothard St Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 072 08 (3) 142 072 08 (3) 142 072 08 (3) Occupant Occupant Occupant 15881 Gothard St 15885 Gothard St 15891 Gothard St Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 072 09 (4) 142 074 04 (5) 142 074 05 (6) Occupant Occupant Occupant 7311 Edinger Ave 7441 Edinger Ave 7361 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7232 Edinger Ave 7142 Edinger Ave 7144 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7148 Edinger Ave 7152 Edinger Ave 7154 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7158 Edinger Ave 7160 Edinger Ave 7162 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7164 Edinger Ave 7168 Edinger Ave 7170 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7174 Edinger Ave 7176 Edinger Ave 7180 Edinger Ave Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 131 05 (7) 142 131 05 (7) 142 131 05 (7) Occupant Occupant Occupant 7192 Edinger Ave 7194 Edinger Ave 7212 Edinger Ave#A Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 16 (61) 142 511 17 (62) Storage Equities Inc Parksville Investment LLC Po Box 25025 4848 Wilshire Blvd#302 Glendale Ca 91221 Los Angeles Ca 90010 142 351 24 (31) 142 351 25 (32) 142 351 26 (33) Susan Redd Lin R Marshall Tanner Barbara Schindler 16142 Moonglow Ln 50 E North Temple Int Hr 16162 Moonglow Ln Huntington Beach Ca 92647 Salt Lake City Ut 84150 Huntington Beach Ca 92647 142 351 27 (34) 142 35128 (35) 142 351 29 (36) Bruce Ian Abrams William Henryr. 16182 Moonglow Ln ry Daniel Utterback 7222 Stonewood Dr 7212 Stonewood Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 351 30 (37) 142 351 31 (38) 142 351 38 (39) David Mootchnik Gregory Knobbe =' 7202 Stonewood Dr City Of Huntington�-Beach 16192 Serenade Ln Po Box -90-- Huntington Beach Ca 92647 Huntington Beach Ca 92647 tu mgton Beach Ca 92648 142 352 10 (40) 142 352 11 (41) 142 352 12 (42) James William Dewitt Larry Nye 7142 Bluesails Dr Craig Frolich 7152 Bluesails Dr 7162 Bluesails Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 352 13 (43) 142 352 14 (44) 142 352 15 (45) Duane Douglas Wentworth Stephanie Nilas 7172 Bluesails Dr Selecky Trust 7192 Bluesails Dr 7202 Bluesails Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 352 16 (46) 142 352 17 (47) 142 352 18 (48) Melvyn Sterling Gary Anderson Thomas Delaney 7201 Stonewood Dr 7191 Stonewood Dr 7171 Stonewood Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 352 19 (49) 142 352 20 (50) 142 511 03 (51) Elvin Tin Cheuk Ng John Emil Weidhaas 7161 Stonewood Dr Freeway Industrial-Park 7151 Stonewood Dr 2032 La-Co na Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 ,Sa>ta Ana Ca 92705 142 511 04 (52) 142 511 05 (53) 142 511 06 (54) Freeway Industrial-Park Freeway Industrial Park 2032 La.Collna Dr Wayne Peterson 16072 Gothard St 16102 Gothard St Santa Ana Ca 92705 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 511 07 (55) 142 511 08 (56 Patricia Hawn ) 142 511 10 (57) „_t-, Jeff-Grand Partners Grand Ptnrs L P_Jeff`---7409 Lorge Cir 375 Bristol St#50 Huntington Beach Ca 92647 375 Bristol-5f#50 Costa Mesa Ca 92626 ;Costa Mesa Ca 92626 142 511 11 (58) 142 511 12 (59) 142 511 13 (60) Jett LLC L-AFragrances 7424 Lorge Cir Tracy Ellis 6142 Oakbrook Cir 806 Avenida Pico#1-251 Huntington Beach Ca 92647 Huntington Beach Ca 92648 San Clemente Ca 92673 142 072 05 (1) 142 072 06 (2) 142 072 08 (3) Coast Community School Freeway Industrial Park 2701 Fairview Rd Freeway Industrial Park 2032 La Colina Dr 2641 S Main St Costa Mesa Ca 92626 Santa Ana Ca 92705 Corona Ca 92882 142 072 09 (4) 142 074 04 (5) 142 074 05 (6) Freeway Industrial Park Freeway Industrial Park Po Box 1090 Freeway Industrial Park 300 Crossways Park Dr 8105 Irvine Center Dr#350 Sierra Madre Ca 91025 Woodbury Ny 11797 Irvine Ca 92618 142 131 05 (7) 142 131 06 (8) y 142 131 11 (9) Goldenwest & Edinger LP Goldenwest&Edinger-LP Goldenwest& Edinger-LP J t Po Box 3131 Po Box 3131 Huntington Beach Ca 92605 Po Box 313-1-�'" H�atin'gton Beach Ca 92605 Huntington Beach Ca 92605 142 321 01 (10) 142 321 02 (11) 142 321 05 (12) Pedigo Products Inc Pedigo Products Inc Freeway Industrial Park---- 4000 SE Columbia Way 4000 SE Columbia Wa y 2032 La Colina-DFr Vancouver Wa 98661 Vancouver Wa 98661 Santa-Ana Ca 92705 142 321 06 (13) 142 321 08 (14) Freeway Industrial Park -- -� 142 321 09 (15) _ Freeway Industrial-Park City Of Huntington Beach 2032 La,Golfna Dr 2032 La Colina Dr Po Box 190. S�.nta Ana Ca 92705 'Santa Ana Ca 92705 Huntington Beach Ca 92648 142 321 10 (16) 142 321 12 (17) 142 321 13 (18) Pedigo South'Inc' Pedigo South Inc---- ..` George Psaros 4000 SE Columbia Way 4000 SE.-Columbia Way 52 Vista Montemar Vancouver Wa 98661 y-an'COU"ver Wa 98661 Laguna Niguel Ca 92677 142 321 14 (19) 142 321 15 20 City Of Huntington-Beach Freeway Industrial-Park City Of Huntington.Beach Po Box_190" 2032 La-Colina Dr Po Box 1-90 H_unfington Beach Ca 92648 Santa Ana Ca 92705 Huntington Beach Ca 92648 142 321 17 (22) _A, ' 142 351 16 23 ( ) 142 351 17 (24) Freeway Industrial-Park Fred Abiad Leah Stuart 2032 La,Cofina Dr 7141 Bluesails Dr 16767 Woodridge Cir Santa Ana Ca 92705 Huntington Beach Ca 92647 Fountain Valley Ca 92708 142 351 18 (25) 142 351 19 (26) 142 351 20 (27) Theodore Burda Phillip Garcia 8352 Friesland Dr Joseph Baron 7171 Bluesails Dr 7191 Bluesails Dr Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 142 351 21 (28) 142 351 22 (29) 142 351 23 (30) Michael Lotocky Sandra Kay Young John Hibben 7201 Bluesails Dr 7211 Bluesails Dr 16132 Moonglow Ln Huntington Beach Ca 92647 Huntington Beach Ca 92647 Huntington Beach Ca 92647 CLASSIFIED r r7Y4 � p Daily Not Daiy PI4t Printedby:D6D2PatrtctaGaminaT Ju122,24f3,i2:37pm ` jk _ oe�a S2lesperSOn: r .�o k j Phone: ,, 5$2192 �x x .1 Ci�tiElRt RfOtRxBtlQn � _ d n GXf#!lY#pq Om .N' ^a = r .rr«.a_. 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Ad Copy: NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL Of THE (ITY OF HUNTINGTON BEAM NOTICE IS HEREBY GIVEN that on Monday, August 5, 2013, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items. ❑ 1. DEVELOPMENT AGREEMENT NO. 13- 002 (PEDIGO APART- MENTS) Applicant: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group,LLC Property Owner:Pedigo Products, Inc. and Pedigo South, Inc. and George and Helen Psaros Request: To enter into a development agree- ment between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments,a 510 multi- family residential de- velopment with a six- level parking structure, leasing office, resident fitness and recreation areas and public open space. Location: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (five parcels located at the southwest corner of Edinger Avenue and Gothard Street encom- passing approximately 8.5 acres)City Contact: )ill Arabe, Associate Planner NOTICE IS HEREBY GIVEN that item #1 is ad proof pg.1 --- Dail Pilot` :As s F 1D j ;_ .: D Pilot H.B.I. S81ted by.OW2 PaWda Gamino Jui22,2013,12:37prn Phone: Ad#35582192 exempt from the provi- sions of the California Environmental Quality Act. ON FILE:A copy of the proposed request is on fits in the Planning and Building Department, 2000 Main Street, Hun- tington Beach,California 92648,for inspection by the public.A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at bttp://www.huntingto aboachco.gov on Thurs- day,August 1,2013. ALL INTERESTED PER- SONS 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 Coun- cil'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 correspon- dence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L.Flynn,City Clerk City of Huntington Beach 2000 Main Street,2nd Floor Huntington Beach,Cali- fornia 92648 714-536-5227 http://hunfington beachca.gov/ HBPublIcComments/ ad proof pg.2 --- NOTICE OF PUBU(HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE.,IS HEREBY-GIV- EN that on Monday, 11 rR O O O F in September at ® 6:00 p.m.. in thehe'City Council Chambers, 2000 �� ��CAT' ® . Main Street, Huntington 9Yi�1 Beach, the City Council will hold a public hearing on the following plan- ning and zoning items: ❑ 1. DEVELOPMENT AGREEMENT NO. 13- STATE OF CALIFORNIA) Ecant: Pedigo Products, P'0 cant: Pedigo Products, Inc. and Pedigo.South, Inc., c/o Ken Keefe & /� ) SS. Rick Lamprecht, COUNTY OF ORANGE ) Arch Rock Development Group, LLC Property Owner: Pedigo Pro- ducts, Inc, and Pedigo South, Inc. and,George and Helen Psaros Re- I am a citizen of the United States and a quest: To enter into a development agreement resident of the County of Los Angeles; I between the City.of Hun- tington Beach and am over the age of eighteen years, and Pedigo. Gothard, LLC, Pedigo' South Edinger, not a party to or interested in the notice LLC, and George W. Psaros Trust (property published. I am a principal clerk of the- 1 owners) pursuant to-ap- HUNTINGTON BEACH !Apartments, s for the Pedigo Apartments, 'a 510 multi-family residential ment with a six- develo INDEPENDENT; which was adjudged'a level parking structure, newspaper of general circulation.. on leasing office, resident 1 fitness and recreation September 29, 1961, case A6214, and _ areas and public open space. 'Location: 7262, June 11, 1963, case A24831, for the 7266, 7280 Edinger Ave- nue and 16001„ 17091 .City of. Huntington Beach, .County of !Gothard Street. (five Orange, and the State of California. parcels cared a .tn southwessf t corner of Edinger Avenue and Attached to this Affidavit Is a true and Gothard Street encom- complete copy as was printed and passing approximately �8.5 acres)City Contact: Jill Arabe, Associate published on the following date(s): Planner NOTICE IS HEREBY GIV- EN that Item #1 is I exempt from-the provi- sions of the California Thursday, September 5, 2013 93 ,EACiironmental Quality ION FILE: A copy of.the proposed request,is on i file in the Planning and ,Building Department, 12000 Main-Street,'Hun- certify (or declare) under penalty 92648, Beach,California 2648 for inspection by �the public.A copy of the of perjury that the foregoing is true staff report ,will be available to interested and correct. parties at the City Clerk's Office or on line +at http://www. h u n tI n 9 tonbeachca.gov on" Thursday, September 12,2013. Executed on September 11 � 2013 'ALL -INTERESTED PER- I SONS are invited to at- tend said hearing and at Los Angeles, California express opinions or sub- lmit ,evidence for or, against the application as outlined above.If you j may the City Coun- cil's action in court,you may be limited to raising I only those issues you or someone else raised the public hearing de- scribed in this notice,or Signature in written cor're. _ spondence delivered to the City at, or prior to, the public hearing. If there 'are any further questions please call.the Planning and Building Department.at (714) 536-5271 and refer .to the above items. Direct Jo H�aIO 4iunoo ag} g}iM P9 f11 sem }uowa}e}s slyl 4u9pls9Jd'uosJJagq}no 0 IaegolW ''aul 'sasud -Aa}u3 }uaw}sanul uglj ON 1W ssausno i � w City of Huntington Beach 3 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntingtonbeachca.gov Planning Division Building Division 714.536.5271 714536.5241 NOTICE OF ACTION September 17, 2013 Pedigo Products, Inc. and Pedigo South, Inc. c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group,LLC 4000 SE Columbia Way Vancouver, WA 98661 SUBJECT: DEVELOPMENT AGREEMENT NO. 13-002 (PEDIGO APARTMENTS) APPLICANT: Pedigo Products, Inc. and Pedigo South, Inc., c/o Ken Keefe & Rick Lamprecht, ArchRock Development Group, LLC, 4000 SE Columbia Way, Vancouver, WA 98661 PROPERTY OWNERS: Pedigo Products, Inc. and Pedigo South, Inc., 4000 SE Columbia Way, Vancouver, WA 98661 George and Helen Psaros, 52 Vista Montemar, Laguna Niguel, CA 92677 REQUEST: To enter into a development agreement between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (property owners) pursuant to approvals for the Pedigo Apartments, a 510 multi-family residential development with a six-level parking structure, teasing office, resident fitness and recreation areas and public open space. LOCATION: 7262, 7266, 7280 Edinger Avenue and 16001, 17091 Gothard Street (five parcels located at the southwest corner of Edinger Avenue and Gothard Street encompassing approximately 8.5 acres) DATE OF ACTION: September 16, 2013 On Monday, September 16, 2013, the Huntington Beach City Council took action on your application, and approved Development Agreement No. 13-002 with findings for approval, and approved for introduction Ordinance No. 3987, "An Ordinance of the City of Huntington Beach adopting a Development Agreement by and between the City of Huntington Beach and Pedigo Gothard, LLC, Pedigo South Edinger, LLC, and George W. Psaros Trust (Development Agreement No. 13-002 — Pedigo Apartments)." The Ordinance will return to the City Council for adoption on October 7, 2013. Notice of Action: SPR 12-002/TPM 12-113/DA 13-002 September 16,2013 Page 2 Enclosed are the Findings for Approval and copies of the draft ordinance and agreement, which will be fully executed and recorded after the October 7, 2013 meeting. After the recordation is complete, copies will be mailed to complete your files. If you have any questions, please contact Jill Arabe, the project planner, at jarabe@surfcity- hb.org or(714) 374-5357 or the Planning and Building Department Zoning Counter at (714) 536-5271. Sincerely S oft es Director of Planning and Building SH:JJ:JA:kdc Attachments: 1. Findings for Approval—DA No. 13-002 2. City Council Ordinance No. 3987—Pedigo Apartments Development Agreement c: Scott Hess, Director of Planning and Building Joan Flynn, City Clerk Jill Arabe, Associate Planner Property Owner Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL DEVELOPMENT AGREEMENT NO. 13-002 (September 16, 2013) FINDINGS FOR CEQA EXEMPTION: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15182 of the CEQA Guidelines and Government Code 65457, because the project is a residential development that conforms with the Beach and Edinger Corridors Specific Plan for which Program EIR No. 08-008 was adopted and implementation of the project would not result in any new or more severe potentially.adverse environmental impacts that were not considered in the Final EIR for the BECSP. Compliance with all applicable mitigation measures adopted for the Specific Plan will be required of the project. In light of the whole record, none of the circumstances described under Section 15162 of the CEQA Guidelines or 65457 of the Government Code are present and, therefore, no EIR or MND is required. The Project, located at the southwest corner of Edinger Avenue and Gothard Street, consists of a four-story with lofts, 510-unit multi-family residential apartment development with on-site public and private open space and a six-level parking structure. The development site is located within the Town Center Boulevard Segment of the Beach and Edinger Corridors Specific Plan (BECSP) area. The City certified Program EIR No. 08-008 on December 8, 2009 and adopted the BECSP on March 1, 2010. The BECSP anticipates development of 4,500 total new dwelling units including 1,745 units on Edinger Avenue. The 510 units contemplated by the project is within the total new dwelling units permitted on Edinger Avenue under the approved BECSP. The project conforms to all standards and regulations of the BECSP development code. Accordingly, no changes requiring revision of the previously certified Program EIR are proposed as part of the project, nor have any circumstances changed requiring revision of the previously certified Program EIR. In addition, no new information identifies that implementation of the BECSP, including the project, will have significant effects that were not discussed in the previously certified Program EIR or that the significant effects identified in the certified Program EIR will be substantially more severe than determined in the Program EIR. Nor is there new information showing that mitigation measures or alternatives not previously adopted would substantially reduce one or more significant effects of the Project. FINDINGS FOR APPROVAL - DEVELOPMENT AGREEMENT NO. 13-002: 1. The development agreement is consistent with the General Plan and Beach and Edinger Corridors Specific Plan. Development Agreement No. 13-002 provides for construction of the Pedigo Apartment project with approval for Site Plan Review No. 12-002 and will conform to the goals and policies of the General Plan. The development agreement ensures the construction of 51 affordable housing units within the project in accordance with the provisions of the Specific Plan for a 55 year period. The development agreement is consistent with the following goals and policies of the General Plan: GARGA\NOA\2013\9-16-13 SPR 12-002 T{M 12-113 DA13-002(Pedigo).doc Attachment 1.1 A. Housing Element Goal H 2: Provide adequate housing sites to accommodate regional housing needs. Goal H 3: Assist in development of affordable housing. Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. B. Land Use Element Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. The project represents new housing in the City that will help to fulfill the City's share of the regional housing need. Ten percent of the units will be provided for affordable housing with 43 units for moderate income levels and 8 units for low income levels. Residents will benefit from the proximity of the project to different activities and uses. It provides opportunities and convenience for many households to use alternate travel modes such as walking and bicycling to complete their daily routines and run errands, thereby serving the need for affordable housing for this segment of the population. The Edinger Corridor will be revived with the incorporation of housing closer to commercial projects to generate activity in an area that was previously viewed as underutilized and declining. WRMNOM201M-16-13 SPR 12-002_TW 12-113 DA13-002(Pedigo).doc Attachment 1.2 CITY OF HUNTINGTON BEACH . LEGAL NOTICE ORDINANCE NO.3987 Adopted by the City Council on OCTOBER 1,2013 "AN ORDINANCE OF THE CITY OF HUNTINGTON ® O O F BEACH ADOPTING A DE- ii VEL'OPMENT AGREEMENT BY AND BE- TWEEN THE. CITY OF P L'CAT I HUNTINGTON,�BE'ACH, PEDIGO;;-GOTHARD LLC, PEDIdaeSOUTH EDINGER LLC;?AND GEORGE W. PSAROS TRUST (DEVEL- OPMENT®ppp /� OPMENT. AGREEMENT STATE OF CALIFORNIA) AP MENT, - PEDIGO APARTMENTS)" ` SYNOPSIS: SS. Development Agreement � No. 13-002'represents a' COUNTY Ip OF ORANGE � Development Agreement between the City of Hun- tington Beach and Pedigo Gothard LLC, Pedigo °South,Edinger LLC, .and .,George W. am a citizen of the United States and a Psaros Trust.'(property owners) pursuant to ap- resident of the County of Los Angeles; I provals, for the Pedigo am over the age of eighteen years, and Apartments, 51p unit residential davelo ment with a sik-level parking not a party to or interested in the notice structure, leasing office, private recreational published. I am a principal clerk of the amenities, and 25,815 lic HUNTINGTON BEACH space•The key po open points of DelopmeINDEPENDENT, which was adjudged a No 13-002�incude:ement -7-year effective term newspaper of general circulation on -Vests property owner's right to construct September 29, 1961, case A6214, and project in accordance with the approved devel-. June 11, 1963, case A24831, for the opment plan pursuant to Site Plan Review No. City of Huntington Beach, County of 12-002, approved by the Planning Commission on Orange, and the State of California. July 9,2013 -Provision of 51 afford- Attached to this Affidavit is a true and able housing units The Pedigo Apartments complete copy as was printed and is located on an.approx- imately 8.5 acre site at published on the following date(s): the southwest corner of Gothard Street and Edinger Avenue. The ex- isting,five buildings will be demolished to accom- Thursday, October 17, 2013 modate the develop- ment. Staff recommended ap- proval of Development Agreement No, 13-002 1 certify (or declare) under penalty because: • Consistent with the of perjury that the foregoing is true General Plan; p j I'y g g �Conforms to the provi- sions of Chapter 246 and correct. m e,nAgreementst Hun- tington Beach Zoning and Subdivision Ordi- nance; • Consistent with. the. Executed on October 25, 2013 approved project and the Conditions of Approval and Mitigation Measures at Los Angeles California adopted pursuant to Site � ; Plan Review No. 12-002 and Tentative Parcel Map No.12-113;and, • Ensures the mutually -- beneficial development of the approved, project and serves the afford- able housing needs of the community by pro- viding 51 affordable housing units. Signature PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meet- ing held October 7, 2013 by the following roll call vote: AYES: Sullivan, Harper, ''Boardman, Carchio,- Shaw,K'atapodis NOES:None ABSTAIN:Hardy ABSENT:None THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE. This ordinance is effec- tive 30_.days after adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET" HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN,CITY - CLERK Published H.B. Indepen- dentl0/17/13 Esparza, Patty From: Devine, William [wdevine@allenmatkins.com] Sent: Wednesday, November 13, 2013 11:50 AM To: Esparza, Patty Cc: Arabe, Jill; D'Alessandro, Paul Subject: Corrected pages for Pedigo DA Attachments: Pages from OC-#989489-v3-Pedigo_Development_Agreement- Pg 1pdf; Pages from OC-# 989489-v3-Pedigo_Development_Agreement-Ex C.pdf Patty Jill indicated that I should send this to you so you can replace page 1 of the Pedigo Development Agreement with this revised page 1 and replace page 1 of Exhibit C (the Affordable Housing Agreement) with the revise page 1 of Exhibit C. The only change is to add the words "George W. Psaros and Helen Psaros, trustees" after the GEORGE W. PSAROS TRUST in the opening paragraph of the DA and AHA. Once the pages have been replaced please have the DA submitted to the County Recorder's office for recordation. Thank you. Bill IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of(i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you. i RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 0 Attention: Director of Planning and Building j ALLEN MATKINS LECK GAMBLE MALLORY &NATSIS LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 Attention: William R. Devine, Esq. l (Space Above For Recorder's Use) r d DEVELOPMENT AGREEMENT r' r e' THIS DEVELOPMENT AGREEMENT ("Agreement") is made in Orange County, California, as of Sept, 16 , 2013, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California(the "City"), PEDIGO GOTHARD, LLC, a California limited liability company (the�;'Property Owner I"), PEDIGO SOUTH EDINGER, LLC, aCal i forni a limited liability company("Property Owner 2"), and GEORGE W. PSAROS TRUST ("Property Owner 3")/(collectively, "Property Owners"). je RECITALS : A. The City is authorized pursuant to Government Code sections 65864 through 65869.5 and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapter 246 to enter into binding development agreements with persons or entities owning legal interests in real property located within the City. B. Property Owners are the owners of that certain real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). C.;'r The City and the Property Owners each desire to enter into this Agreement affecting the Property in conformance with Government Code section 65864 et seq. and HBZSO 246 iryo' rder to achieve the mutually beneficial development of the Property in accordance with this,Agreement. D. Property Owner 2 or an affiliate of Property Owner 2 is in the process of acquiring the ownership of that portion of the Property currently owned by Property Owner 3 but such closing will not be completed until after approval of this Agreement. 989489.02/OC 373217-00001/6-25-13/wrd/wrd RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attention: City Clerk ALLEN MATKINS LECK GAMBLE MALLORY&NATSIS LLP 1900 Main Street, 5th Floor Irvine, California 92614-7321 f Attention: William R. Devine, Esq. (Space Above For Recorder's Use) AFFORDABLE HOUSING AGREEMENT RESTdRICTIONS—RENTAL (DECLARATION OF CONDITIONS, COVEN 'NTS AND RESTRICTIONS FOR PROPERTY) This Affordable Housing Agreement and Declaration of Conditions, Covenants and Restrictions for Property (the "Declaration") is made as of , 2013, by and between PEDIGO GOTHARD, LLC, a Calii forni a limited liability company (the "Property Owner 1"), PEDIGO SOUTH EDINGER, LLC, a California limited liability company ("Property Owner 2"), and GEORGE W. PSAR_O_S_TRUST ("Property Owner 3") (collectively, "Property Owners" and Covenantors) and THE HOUSING AUTHORITY OF THE CITY OF HUNTINGTON BEACH, a California municipal corporation(the "Housing Authority" or "Covenantee"). RECITALS : A. Property Owners are the respective owners of record of that certain real property located at 16001 and 16091 Gothard Street (Property Owner 1), 7280 Edinger Avenue (property Owner 2), and 7262 arid�7266 Edinger Avenue (Property Owner 3), Huntington Beach, California 92646 (the/"Subject Property"), in the City of Huntington Beach, County of Orange, State of California/legally described in the attached Exhibit A. B. /The Property Owners seek to develop a project on the Property consisting of 510 dwelling units and associated uses. The project also includes at least 25,815 square feet of public open space, as more particularly set forth in the Development Plan (collectively,the "Project") approved by Site Plan Review No. 12-002, all in accordance with the General Plan, as it may be 989489.02/OC EXHIBIT C 373217-00001/6-25-13/wrd/wrd -I-