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HomeMy WebLinkAboutCONDITIONAL USE PERMIT NO. 04-43 - Settlement Agreement betw DATE: 7 FROM: Joan L. Flynn, City Clerk SUBJECT: COMPLETION BY YOUR DEPARTMENT OF CITY COUNCIL APPROVED AGENDA ITEM ITEM: ,LC� �RS O/S �D.° �C iL)166 rav 1/ � Date Approved: C The above item can be officially filed if the following requirements are met: lio, In order for the City Clerk's Office to proceed, please check (d) as applicable: ( ) The necessary requirements will be provided by Date. Department Head Signature OR 'fX ) Completion of this item is no longer.necessary.a-e-�� Department Head Signature City Attorney v V 11/29/2004 10: 15 FAX 714 374 580 CITY OF HUNT BEACH, [a 005/00B � Order No. Recorded in Official Records, Oran e Escrow No. To Daly, Clerk-Recorder 9 County lillllli!Ili►I!!IIIIIII!I!!III Loan No. �'II!!II!!Illlill!III!III!IIIIIIIIIIIIIIiIIII N� SEE WHEN nCORDED MAIL To: 2005000054 24 01:49pm 02/02I05 117 92 DI I A36 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach — - __ 2000 Main Street - Huntington Beach,CA 92648 Attn: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USEJ EXFNIFT FROM RECORDING FEE PER W,V.CODE§61031 � DEED OF TRUST WITH ASSIGNMENT OF RENTS This DEED OF TRUST WITH ASSIGNMENT OF RENTS ("Deed of Trust"), made ���V�;�bQ� z� , 200 , between herein called TRU5TOR, whose address is �y1' Huntington beach,CA 9264_, iL�c R��f�r,/�/a rnP,•, ,Zc�s !�1P fhn Cd;�, —"herein called TRUSTEE,and THE CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California.herein called BENEFICIARY, WITNESSET-1: That Trustor grants to Trustee in trust, with power of sale, that property in the City of Huntington Beach, County of Orange,State of California,described as: SEE EXHIBIT"A"ATTACHED HERETO together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter aiven to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment Of the sum of �tdhdbDOLLARS (sNO,,.00)with interest thereon,according to the terms of that cermin promissory note of even date herewith made by Trustor,payable to order of Beneficiary,and extensions or renewals thereof;(2)the performance of each agreement of Trustor incorporated by reference or contained herein and(3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor.or his successors or assigns,when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust,and with respect to the property above described,Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A.and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17,1964,and in all other counties August 18, 1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county.namely: Joan L Ftynn 0 rCt - 1 PDA:2004ogree:Standard Deed of Trust 11*domment is solely W Me ofik W Wp�w�nm of Ow Gty of Fltxttirtton B6tCh,as covilemplated Under Goverinewrit Code Sec.6103 and shotd be recorded free of charge, 11/2,8/2VO4 1(:'1, FA7t ..714..374 i696................cITV .0.F..HU'NT BEACIi ............................... .C4.006I00$..... COUNTY BOOK 'PAGE COUNTY BOOK PAGE COUNTY HOOK PAGE COUNTY BOOK PAGE Alameda 1293 556 Kings 858 713 Placer 1020 379 Sierra 59 187 Alpine 3 130-31 Lake 437 110 Plumes 166 1307 41skiyou 506 762 Amadar 1" 438 Lassen 192 367 River-Ride ills 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3678 874 Sacramento 5039 124 Sonoma 2061 427 Calavoras lay 333 Madera 911 136 Sannlcnito 300 405 Stanislaus 1970 56 Colusa S23 391 1vMerin 1849 122 SanBarnardino 6213 768 Sutler 655 593 Contra Coster 4684 1 Mariposa 90 453 San Francisco A 004 596 Tchama 457 183 Del Norte 101 549 Mendocino 667 99 son Joaquin 2855 283 Trimly 108 595 131 Dorado 704 635 Marced 1660 753 San Luis Obispo 1311 137 Tulare 2530 109 Fresno 5052 623 Modoc 19l 93 San Mateo 4778 175 Tuolumne 171 160 Glonn 469 76 Mono 69 302 Santa Barbara 2065 831 Ventura 2607 237 Humboldt got 83 Monterey 357 239 Santa Clam 0626 664 Y819 769 16 Imperial 1139 701 Napa 704 742 Santa Cruz 1638 607 Yuba 390 693 lnya 165 672 Ncvada 363 94 Slraslu goo 633 Kern 3756 690 orange 7132 1s San Diego Si RrES 5 Book 1964,Page 149774 shall inure to and bind the parties hereto,with respect to the properly above described. Said agreements,terms and provisions contained in said subdivisions A and B (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation secured hereby,provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. Signature of Trustor STATE OF CALIFORNIA COUNTY OF ORANGE } Namc: (TypAr print) n *, 1144k6en E&)q before me. personally appeared e (or proved to me on axis of satisfactory Name' evidence) to be the person(s) whose name,s) c subscribed to the (Type or print) within in d ged to me t heJ a/they executed the. same. i h'• o cir autlior d oupacity(ies), and than by V1 r/their signa res(s) on the i strument the person(s) M the entity pqn behalfof ich the perso s)acted,executed tl instrument. TNESS y han nd i i lam- Signatu (This area for official notarial seal) CIA Jam,.GARCAA Commission# 1425452+�« Notary Public - Callfomla orange County MY Comm.Exphe"19,` 007 2 PDA:2004agrec:Standard Deed of Truss 11/29/2004 10: 15 FAX 714 374 1590 CITY OF HUNT BEACH 1a 007/008 DO NOT RECORD The following is it copy of 5ubdivitlian5 A and B of c fictitious Deed of Trust recorded in each county in California as stated in dha foregoing Deed of Trust and incorporated by reference in said Deed of Trust as bCin part thereof as if set forth at length therein. A. To protect the security of this Deed of Tr st,T'rustor agrees: 1) To keep said property in good co trio;and repair,not to remove or demolish any building thereon;to complete or restore promptly and in a good and workmanlike manner any building which may constructed,damaged or destroyed dueroon raid to pay when due all claims ibr labor performed and materials fLroi%hed therefor.to comply with all laws affecting sai property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof;not to commlt,suffer or permit any act upon said pr any In violation of law;to cultivate,irrigate,rortilim,iumigatc,prune and do all other acts which from the character or use of said property may be reasonably necessary, a specific enumerations herein not excluding the general. 2) To provide,maintain and liver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may 6e applied 6y cneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at the option of Beneficiary the entire amount so colleced or any p thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant m s notice. 3) To appear in and defen airy action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses,Including cost of evida cc of title and attomey's fcas in a reasonable sutn,in any%Lich action or proceeding in which Beneficiary or Trustee may appear.and in any suit brought by Beneficiary to close this Deed. 4) To pay:at least ten der s before delinquency ail taxes and assessments affecting said property,including assessments on appurtenant water stock;when due,all encumbrances,charges and liens,wi interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,fees and expenses of this Trust. Should Truster fail to m any payment or to do any act as herein provided,then Beneficiary of Trustee,but without obligation so m do and without notice to or demand upon Trustor and without tale ng Trustor than any obligation ha ;tries- or do the samo is such manner and to such extent as chhar may deem necessary to protect the security hereof;Beneficiary o stcc being autheri rater upon said prop for such purposes;appear in and defend any action or proceeding purporting to affect ate security hereof at the rights or p c cry or T'VS10C;pay,purchase, ntest or compromise any encumbrance.charge or lien which in dic,iudgmcrrl of either appears to be prior or superior hereto;and,in exercising any such powers,pay necess expenses,employ counsel and pay his reasonable fees. 5) To pay immediately and without demand all sums so expended by Bettcticiory r Trustcc.with Interco from the date of expenditure at the amount allowed by law in effect at the date hereof;and to pay for any statement provided for bylaw in eil.,at date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement' demanded, B. it is mutually agreed: 1) Thal any award in connection with any condemnation for public use of injury to said property or any part tiercor is hereby assigned and shall be paid to Beneficiary who may apply a release such moneys received by him in the same m cr and with the same effect as above provided for disposition of proceeds of fire or otherinsurance. 2) That by accepting payment of any sum secured hereby alter its due der ,Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3) That ut any time or from time to cline,without 11abllity dheretbr and itlteut notice,upon written request of Beneficiary and prcacntation of this Deed and said note for endorsement and without affecting the personal liability of any parson r payment of the indebtedness secured hereby,Trustee may:reconvey any part of said property;consent to the making of any map at plat thcreol;join In granting any cn emant thereon,or join in any cxtansion agreement or any agrccmcnt subordinating the lien or charge Woof. 4) That upon written request of Beneficiary stating that all sums sc rrcd hereby have been paid,and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion ey choose and upon payment of its fees,Trustee shall reconvey,without warranty, the property then held hereunder. The recitals in such roconveyancc of any matters,or fact, shall be conclusive proof of the truthfulness thereof. The Grantee in such reconvoyance may be deaQibed wt"the perinn or persons legally entitled thereto." 5) That as additional security,Trustor hereby gives to and confers_upon Beneficiary the right,power and authority,dnri g the continuance of those Trusts,to Collect the rents,i%sues and profits of said property,roserving unto Trustor the right,prior to any default by Trustor in pnyment of any i cbtZriess secured hereby or In the performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become due and payable. Upon any su default,Beneficiary may at any time without notice,either in person,by agent,or be a receiver to be appointed by a court,and without regard to the adequacy of any se rity for the indebtedness hereby secured,enter upon and take possession of said property Or any part thereof,in his own name sue for or otherwise collect such rents,issue and profits,inciudhhg those past duo and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorneys fees,upon any i cbtcdncss secured hereby,and in such order as Beneficiary may determine. The cntaring upon and taking possession ol'spid property,the collecting ofsueh rents,issues an profits and the upplicAtion Iharoof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6) That upon default by Truslor In payment of any indebtedness sceurcd hereby or In the performance of any agroamont h eundcr,Bencticiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of def ni t and demand for sale and of i iron notice of default and of election to cause ro be sold said property,which notice Trustee shall cause to be filed for record. Beneficiary also shall doposit with Trustee is Pecd,paid note and all documonts evidencing expenditures secured hereby, After the lapse of such time as may then be required by law following the rocordation of said notice of deflitilt,and n tice of sale having been given as then required by law,Trustee,without demand on Truswr,shall sell xaid property at the time and place fixed by it in said notice of sale tither as a whole or in separate parcels, and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United Stales,pays a at time of sale. Trustee may postpone sale of ali or any portion of said property by public announcement at such time and place of gale,and from time to time the after may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the pro arty so sold,but without any covenant or warranty,express or implied. Thu recitals in such deed of any matmq or facts Shall be conclusive proof of the truthfulness thorco, Any poison,including Trustor,Trustee, or Beneficiary as hereinafter defined,may purchase at such sale After deducting all costs,fees and expenses of Trustee and of this Trust.including cost of evidence of tide in co ction with sale,Trustee shall apply the proceeds of sale to payment of all sums expended Linder the terms hereof not then repaid,with accrued Interest at the amount allo ed by law in efleet at the date hereof;all other sums then secured hereby;and the remainder,if any.to the person or persons legally entitled thereto. i 7) Deneflclary,or any successor in ownership ol'any indebtedness sceurcd hereby,may from time to time,by insrum t In wrhing,substitute a successor or successors to any Trustee named herein or acting hereunder,which instrume=executed by the Beneficiary and duly acknowicdged an ecordod in die oEPlcc of tlic recordtr of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trust es,who shall,without conveyance from the Trustee predecessor,succeed to all its title.estate,rights,powers and duties. Said instrument must contain the nanric of the original Trustor,Trustee and Beneficiary hereunder.the book and page where this Deed is rewrdod and the name and address of the new Trustee. 9) That this Deed applies to.Inures to tho banoilt ol;and binds all parties hereto,their heirs,legatees,devlsccs,administrators,executors,%uccc9%ors and assign%. The term Beneficiary shall moan the owner and holder,including pledgees,of the note secured hereby,whether or not named as Beneficiary herein. In this Deed,whenever tho context so requires,die masoullne gender includes the faminino and/or neuter.and the singular number includes tie plural. 3 PDA:2004agree:Standard Decd of Trust . ............................. ................................. ••• •••11%2�9�20,04 1.0•: 16 •F•AX•••�7.14..3`7Z15'9'' -,. •. CITV 0•F HUNT BEACH' C�•00$/0�08.....9) Tat Trustee accepts this Trust Deed,duly executed and acknowledged,is made a public record as provided by law_ TMAtee Vs not obligated to notify any parry hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a p ffty unless brought by Trustee. f/d f DO NOT RECORD REQUEST FOR FULL REC NVEYANCE � TO TRUSTEE: The undersigned Is legal owner and holder of the note or notes and of all indebtedness secured by the foregoing Deed of Trust, Said no or notes,together with all other indebtedness seta by said Dccd of T have been fully paid and satisfied;and you are hereby requested and directed,on payment you of any sums owing to you under the tams ol'sai rust,to cancel nitlwotc or now above mentioned,on nil other ovidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to econvey,without warranty,to the parties designated by the terms of said Deed of rust,all the estate now held by you under the same. Datod Please mail Deed of Trust, Note and Reconveyance to Do Not lose or destroy this Deed of Trust OR T •E NOTE which it secures. Bath must be delivered tote Trustee for cancellation before reconveyance will be made. 4 PDA;2004agrec!Standard Deed of Trust ...... .... 11/2 00.9/24 1'0: 14 FA)( 714 .374 .590.................CITY OF IiIJNT BEi4CFi' . . . ��� �� �� � .... ... ............. C{Dj 002/00$ EXHIBIT A PROMISSORY NOTE Property Address: .Huntington Beach CA 9264 CProperty") 2004 1. Promise to Pay. ("Borrower")promises to pay the CITY OF 14UNTINGTON BEACH,a California Municipal corporation("Holder,"also referred to as"City"), at the office of the City in Huntington Beach, California,or at such other place as the Holder may designate in writing, the principal sum of Ten Thousand Dollars($10,000.00) (the"Note Amount"),together with interest. The balance of all unpaid principal and accrued interest shall be due and payable upon sale of the Property or upon occurrence of the other events listed in the acceleration clause herein. The term of this Promissory Note("Note")shall be for a period of 10 years from the date Borrower executes this Note,unless the Property is earlier sold or one of the events listed in the Acceleration clause herein earlier occurs. 2. Interest. No interest shall be charged by the City on the Note,or any portion of the Note Amount remaining unpaid from time to time,from the date of the disbursement of the Note Amount until the date upon which the Note Amount is repaid, as long as Borrower is not in default on the Note. 3. Acceleration. The whole of the Note Amount, any interest accrued thereon, and all other payments due hereunder shall, at the option of the Holder, become due and be immediately payable to the Holder by the Borrower upon the occurrence of any one of the following events: (a) Borrower sells,transfers or makes disposition of the Property in whole or in part, or any interest therein,whether voluntary or involuntary; (b) Borrower refinances any lien or encumbrances to which the City's Deed of Trust is subordinate for loan amount in excess of the then current loan balance secured by such lien,or encumbrance; (c) The close of a probate estate following the death of Borrower(unless Borrower is more than one parson and one or more of the other people comprising Borrower survive); (d) Borrower defaults on this Promissory Note; (e) Borrower defaults on the City Deed of Trust. In the event that there is a default in payment as scheduled herein or a default under the terms of the Deed of Trust securing this Note, or a default of any other instrument executed by Borrower or any guarantor in favor of the City,the Holder may at its election declare all amounts of the outstanding principal and accrued interest thereon immediately due and payable. 1 PDA:2004agree:standard Promissory Nate l2924.0.4..iV:.1 ... F.AX....7'1 4..37 Ab................�.I.T V..�r-H,J Y B'EACH........ C 043144$............. 1 4. Application of Payments. Any sums received hereunder may, at the option.of Holder hereof,be applied in any order to the payment of costs, interest,or principal due hereunder. 5. Prepayment. Borrower may prepay principal on this Note without penalty or fee. 6. Non-Waiver. Failure to exercise any right the Holder may have or be entitled to, in the event of any default hereunder, shall not constitute a waiver of such right or any other right in the event of subsequent default. 7. B rrower's Waivers. The Borrower and all guarantors and endorsers hereof hereby severally waive certain requirements of the City. These are: a)to demand payment of amounts due(known as"presentation for payment"),b)to give notice that amounts due have not been paid(known as "notice of dishonor")and c)to obtain an official certification of nonpayment(known as "protest"). Borrower consents that the Holder hereof may extend the time of payment or otherwise modify the terms of payment of any part or the whole of the debt evidenced by this Note,by agreement between the Holder and Borrower, and such consent shall not alter or diminish the liability of any person or the enforceability of this Note. Each and every party signing or endorsing this Note binds itself as a principal and not a surety. In any action or proceeding to recover any sum herein provided for,no defense of adequacy of security, or that resort must first be had to security or to any other person shall be asserted. All of the terms, covenants,provisions, and conditions herein contained are made on behalf of, and shall apply to and bind,the undersigned and its successors and assigns,jointly and severally. S. Security of Note. This Note is secured by a Deed of Trust(the"City Deed of Trust")of even date herewith executed by Borrower covering property located in Orange County, State of California,known as ���\ _ cz.�•J � _ 'a 9_ Maximum Interest. No provision of this Note or any instrument securing payment hereof or otherwise relating to the debt evidenced hereby shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law. If any excess of interest in such respect is herein or in such other instrument provided for, or shall be adjudicated to be so provided for herein or in any such instrument,the provisions of this paragraph shall govern, and neither Borrower or any endorsers of this Note nor their respective heirs,personal representatives, successors or assigns shall be obligated to pay the amount of such interest to the extent it is in excess of the amount permitted by applicable law. 10. Notice. Any demand or notice to be made or given under the terms hereof or any instrument now or hereafter securing this Note by the Holder to Borrower shall be effective when mailed or delivered in the manner specified in the City Deed of Trust. i I i z PDA:2004agr,=Standard Promissory Note 11/29/2004 10: 14 FAX 714 374 .590 .............CITY"or Hl1NT o-EAtH........ .................................11.6 4lA6 ............. 11. Pavments Deferred. All principal payments will be deferred so long as the Borrower is in compliance with the terms of this Note, and the City Deed of Trust. IN WITNESS HEREOF,this instrument has been executed as of the date set forth above. CITY OF HUNTINGTON BEACH BORROWER.: C4 Administrator --� (Typeor Print) APPROVED AS TO FORM: City oxney 3 PDA:2004arrcc;5iandard Pronilswry NOW CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the Deed dated November 29, 2004 from JEFFREY D. CRANDALL to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Agency pursuant to Agency action taken during the November 29, 2004 meeting and the grantee consents to the recordation thereof by its duly authorized officer. Dated: January 18, 2005 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH q0@JOAN L. FLYNN AGENCY CLERK By: Patty Esparza Deputy Clerk G:/fol lowu p/deeds/deedscertredevelopment.doc Procedure#17 (Telephone:714-536-5227) CONDITIONAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS CONDITIONAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter "Agreement") is entered into by and between the City of Huntington Beach, a municipal corporation (hereinafter "City"), on the one hand, and the Insurer Parties defined in Section 1 below(hereinafter"Settling Insurer Parties") and the Owner Parties defined in Section 1 below(hereinafter"Settling Owner Parties"), on the other hand. RECITALS A. Settling Owner Parties purchased or acquired what they believed to be lawful condominiums in multi-unit residential projects located in the City of Huntington Beach. B. Settling Insurer Parties issued policies of title insurance in connection with the sale of the units to Settling Owner Parties. C. City contends that the units in question were not lawfully converted to condominiums, as the converters failed to obtain the necessary discretionary entitlements from City authorizing conversions and because the purported conversions failed to satisfy City's zoning standards; and, City has indicated its intention to require that the units either revert to rental apartments, or that the Settling Owner Parties acquire, if possible under applicable standards, all required permits to legalize the conversions. There exists a dispute between the parties as to the legal status of the subject units specifically identified and incorporated by reference into this Agreement, creating uncertainty for the Settling Owner Parties and the potential for complex litigation. Said claims, contentions and resulting disputes shall hereinafter be referred to as "the Conversion Legality Disputes." D. Further, Settling Owner Parties have claims against the City regarding the fees and restrictions which the City has imposed, or seeks to impose, against the Settling Owner Parties and the units acquired by the Settling Owner Parties under condominium conversion ordinances enacted by the City. Said claims, contentions and resulting disputes shall hereinafter be referred to as "the "Conversion Correction Disputes" E. After a considerable amount of negotiation and consideration of the time, expense and uncertainty of litigation, the parties have decided to settle and compromise their differences regarding the Conversion Legality Disputes and the Conversion Correction Disputes in the manner prescribed by and set forth hereunder in this Agreement. NOW THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby stipulated by and between.the parties hereto that all claims, contentions, allegations, causes of action, possible causes of action and z demands which are specifically related to the above-described matters are to be compromised and settled, without any admission of liability or concession by any party that the contentions of other parties are correct, on the following terms: 1. Parties. The parties to this Agreement(hereinafter"parties")are: (a) The City of Huntington Beach, a California municipal corporation. (b) Settling Owner Parties as are enumerated in Exhibit A, attached hereto and incorporated herein by reference, who hereby represent and warrant that they purchased and currently are purported owners of units in projects in which at least one unit was conveyed by a deed to a retail buyer prior to June 1, 2004 and which are listed along with their names in Exhibit A(hereinafter the "Units"). (c) Settling Insurer Parties as are enumerated in Exhibit B attached hereto and incorporated herein by reference, as regards those Units for which they and each of them issued policies of title insurance and for which coverage is afforded under said policies to said Owner Parties (said units hereinafter the "Insured Units"). 2. Master Conditional Use PermitNalidity of Agreement. (a) City agrees to acknowledge the conversion of the Units to condominiums upon approval of a Master Conditional Use Permit(hereinafter"MCUP"). Settling Insurer Parties and Settling Owner Parties shall prepare and file a complete application for a MCUP on a form designated by City. Subject to submittal of a complete application and execution and delivery to City of this Agreement by Settling Insurer Parties and Settling Owner Parties prior thereto, the City Council shall consider and take action on Settling Parties' application for the MCUP not later than November 29, 2004. The parties agree that the term "MCUP" as used herein shall include the application for the MCUP for as many units for which Settling Owner Parties have executed this agreement by November 29, 2004. The parties hereby agree that additional applications for MCUPs may be submitted by unit owners and/or insurers with respect to units within projects in which at least one unit was sold to a retail buyer prior to June 1, 2004 not included in Exhibit A consistent with the terms set forth below. (b) This Agreement shall be in full force and effect and enforceable as to its terms if the City Council approves the MCUP providing for lawful conversion of the Units to condominiums consistent with the express and specific terms and conditions set.forth in this Agreement. (c) If the City Council in its reasonable discretion fails or declines to approve the MCUP, or approves the MCUP with conditions that are inconsistent with those set forth in this Agreement, then this Agreement shall be null and void and of no force and effect. In that event,the parties each reserve all of their rights and remedies as against each other. (d) Nothing in this Agreement shall limit the City Council's discretion 2 to take whatever action on the MCUP application it deems appropriate. Likewise,the exercise of discretion by the City Council in taking whatever action on the MCUP application it deems appropriate does not bind or commit the parties hereto, if such exercise of discretion results in conditions inconsistent with the conditions which are specific to triggering the enforceability of this Agreement. (e) The term"complete application"for purposes of this Agreement shall mean receipt by the City of the following: (i) Site Plans; (ii) Photos (iii) Mailing labels of unit owners and or tenants (iv)Narrative (v) Letter(s)of Authorization from Property Owners If these items are included in the application, the City agrees that the application will be deemed a complete application. (f) Upon approval by the City Council of the MCUP and upon payment of the in-lieu fees provided for in Paragraph 4 herein, the Units will be deemed legal condominiums. 3. Conversion terms. (a) The MCUP shall govern the conversion of the Units to condominiums and shall be consistent with the following terms and conditions and no conditions shall be imposed for purposes of final approval of the MCUP other than the following: (i) The Owner Parties will be identified in the MCUP by their names and street addresses of their respective Units; (ii) Roofing, siding, doors, windows,paint, walkways, parking areas and landscape of the Units shall be found in good condition and repair; (iii) Any construction performed without permits and any condition in violation of City's Municipal Code (hereinafter "HBMC") shall be remedied; (iv) City will require and Owner Parties shall permit physical inspection by the City of the Units pursuant to HBMC Section 235.08.A to assure compliance with Minimum Construction Standards and 3 minimum requirements of the Housing Code and Owner Parties agree to remedy any conditions not so compliant. Said requirements areas follows: Minimum Construction Standards: (1) For all structures built prior to February 1, 1985, draft stops shall be installed in attics to create horizontal areas that are 3,000 square feet or less. For all structures built after February 1, 1985, draft stops shall be in attics above and in line with the walls separating individual units. (2) Each unit shall have access to the electrical branch circuits that serve the unit. (3) Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and the remaining detectors shall be located per currently adopted code and may be battery or hard-wired operated. (4) Ground Fault Circuit Interrupter(GFCI)protection shall be provided where required by the currently adopted electrical code. Minimum Housing Code Requirements: (1) All structures, including main buildings, accessory structures, fencing and landscaping are maintained in a clean and safe manner. (2) The electrical, mechanical and plumbing systems are maintained in a workable and safe manner. City shall carry out these inspections within 45 days after approval of the MCUP by the City Council. City may charge and Owners shall pay an inspection fee of not more than$120 per project(including one follow-up visit to confirm compliance), and a re-inspection fee (if re-inspection is required because access to all Units is unavailable at the first inspection) at the hourly rate of$59.04 per hour. (v) Owner Parties shall prepare and submit for approval by the City Attorney a set of Conditions, Covenants& Restrictions (hereinafter"CC&Rs")consistent with HBMC Section 235.06.13 and 4 containing a map prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the Units are located. (b) City agrees to waive the following: (i) Submittal of as-built floor plans. (ii) Submittal of parcel maps. (iii) Restoration and refurbishment pursuant to HBMC Section 235.08.C. (iv) Landscape and parking requirements of HBMC Section 235.08.B. (v) Affordable housing requirements, except as provided in this Agreement. (vi) Application fee ordinarily required for processing of a conditional use permit(limited to the Units, as are enumerated in Exhibit A). (c) Settling Insurer Parties and Settling Owner Parties agree that City shall retain the conditional use permit application fees paid by Settling Parties prior to the date of this Agreement. (d) Settling Insurer Parties shall pay all required public hearing notification costs in connection with the public hearing on the MCUP. (e) Upon satisfaction of the conditions as set forth in the MCUP, and payment of the fees as set forth in Paragraph 4 below, the City shall within sixty(60) days issue a letter of zoning and building compliance for each compliant Unit for no additional fee or charge. 4. Payment of Inclusionary In-Lieu Fee. Settling Insurer Parties shall pay to City an in-lieu inclusionary housing fee in the amount of$10,000 per Insured Unit, said amount to be allocated among the Settling Insurer Parties as set forth in Exhibit C attached hereto and incorporated herein by reference. Payment shall be made by cashiers check or check drawn on the account of one or more of the Settling Insurer Parties payable to the City of Huntington Beach within twenty (20) days of approval of the MCUP.Notwithstanding payment of the in- lieu fee by Settling Insurer Parties, the issues of coverage shall be reserved as between the Settling Insurer Parties and Settling Owner Parties and any such payment by the Settling Insurer Parties shall not be deemed a waiver of the terms and conditions of the title insurance policies.. 5 Owner Parties who are uninsured shall pay to City an in-lieu fee in the amount of $10,000 per uninsured Unit. Payment shall be made by check payable to the City of Huntington Beach within twenty(20) days of approval of the MCUP. Owner Parties of uninsured units may, in the alternative, execute for recordation against title a promissory note and deed of trust in favor of City,the forms of which are attached as Exhibits D and E and incorporated herein by reference, in the amount of$10,000, or in the amount of the difference between$10,000 and the amount paid in cash. The promissory note and deed of trust will not be recorded until after the City Council's approval of the MCUP. Settling Insurer Parties and Settling Owner Parties who have submitted this Agreement by November 29, 2004 who fail to either pay the in-lieu fee or, in the case of a Settling Owner Party that is not insured, execute the promissory note and deed of trust on or before 5:00 p.m. on November 29, 2004 shall be excluded from participation in this Agreement and the MCUP. Payment of the fee by Settling Insurer Parties or Settling Owner Parties who are uninsured for the Insured Units, or the execution of the promissory note and deed of trust by the Owner Parties who are uninsured, shall be a prerequisite to validity of the MCUP. The amount of the in-lieu fee provided for herein reflects the settlement of a disputed claim, and has no bearing on City's generally applicable inclusionary fees. 5. Subsequent Agreements It is expressly understood and agreed by Settling Insurer Parties and the City that the Insurer Parties which will be executing this Agreement are executing this Agreement, notwithstanding the fact that they may or may not have units which(i)are included in the application for the MCUP to be considered by the City Council for approval on November 29, 2004 and(ii) whose insureds under policies issued by the Settling Insurer Parties are Settling Owner Parties who have executed or are executing this Agreement. The Settling Insurer Parties and the City acknowledge that there are units which otherwise qualify for inclusion in the MCUP application but whose unit owners have not executed this Agreement. This has the effect of preventing owners of other such qualifying units from participating in this Agreement because the MCUP application requires the cooperation and participation of all units from a specific project address. Therefore, one or more of the Settling Insurer Parties which sign this Agreement, or a title insurance company, licensed and authorized to issue title insurance in California under applicable California law, who has not yet been contacted by an owner of a similarly situated unit who is also an insured under a title insurance policy, shall not be prevented or precluded from executing subsequent agreements in the future in connection with applications for further MCUPs as contemplated by this Agreement where other similarly situated unit owners who are insureds under title insurance policies issued by one or more of the Settling Insurer Parties or a title insurance company not yet contacted have units included in subsequent MCUP applications and execute future Agreements. Upon request of one of the Settling Insurer Parties or a title insurance company whose insureds own units which would otherwise qualify for the application for the MCUP 6 contemplated by this Agreement, the City shall enter into a settlement agreement seeking issuance of conditional use permits for conversion of units similarly situated to the Units but which are not included in this Agreement, provided that if such conversions are allowed on more favorable terms to the unit owners than those provided herein, the Settling Insurer Parties and the Settling Owner Parties shall be accorded the benefit of those more favorable terms. It is understood and agreed that the first subsequent application for an MCUP by one or more of the Settling Insurers shall not be charged an application fee,however, any subsequent applications for MCUPs shall require the payment of a new application fee of$3,502.00. The Settling Insurer Parties agree to apply for MCUPs and to execute subsequent settlement agreements containing the same or better terms as this Agreement for the benefit of insured unit owners for whom coverage is afforded and who for the reasons described above are not parties to this Agreement. 6. Mutual Release. Except for the obligations set forth in this Agreement, Settling Insurer Parties and Settling Owner Parties forever release, discharge and acquit the City (and its City Council and the members thereof, and its officers, employees and agents to the extent acting within the course and scope of their official duties on behalf of the City), from any and all sums of money, claims, contentions, allegations, demands, accounts, actions and causes of action whatsoever heretofore arising or now existing by virtue of any matter, fact, transaction or occurrence whatsoever, whether known or unknown, suspected or unsuspected, relating specifically to the Conversion Legality Disputes and the Conversion Correction Disputes. Except for the obligations set forth in this Agreement, City forever releases, discharges and acquits the Settling Insurer Parties and the Settling Owner Parties who execute this Agreement, their officers, employees and agents, from any and all sums of money, claims, contentions, allegations, demands, accounts, actions and causes of action whatsoever heretofore arising or now existing by virtue of any matter, fact, transaction or occurrence whatsoever, whether known or unknown, suspected or unsuspected,relating specifically to the Conversion Legality Disputes and the Conversion Correction Disputes. It is understood and agreed that the foregoing releases extend to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected with specific reference to those matters addressed in this Agreement, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Said section reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." It is understood that and it is the express intent and understanding of the parties that this mutual release shall extend and shall be construed broadly so as to cover and release and discharge the parties from all claims or matters of any kind which may be related to the Conversion Legality Disputes and the Conversion Correction Disputes. It is the intent of the 7 parties that this Agreement resolve and establish with certainty the legal status of the Units as condominiums and to extinguish all causes of action as between the City and the Settling Parties in that regard. The Settling Insurer Parties and the Settling Owner Parties warrant and represent that they have not filed any legal action, suit or proceeding of any kind against City in any administrative or judicial tribunal in regard to the matters described in this Agreement. City warrants and represents that it has not filed any legal action, suit or proceeding of any kind against the Settling Insurer Parties and Settling Owner Parties in any administrative or judicial tribunal in regard to the matters described in this Agreement. This Agreement is a bar to any such action or proceeding, and may be pled as a full and complete defense to any such action or proceeding as well as a basis for abatement of, or injunction against, such action or other proceeding. Nothing herein shall constitute a release of claims as between the Settling Insurer Parties and the Settling Owner Parties. 7. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the officers, agents, employees, consultants, independent contractors, heirs, successors, assigns and delegees of the parties herein. Any such assignee or delegee shall be fully bound by each and every applicable term and condition of this Agreement as though a signatory thereto. The existence of this Agreement shall be disclosed to all successors in interest of the Owner Parties. 8. Deny Liability. It is understood and agreed that this settlement is the compromise of doubtful and disputed claims, and that the terms and conditions recited hereinabove are not to be construed as an admission of liability on the part of the parties hereby released, and that said parties deny liability therefor and intend merely to avoid litigation. 9. Entire Agreement. It is understood and agreed that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Agreement contains the entire agreement between the parties hereto with reference solely to the matters herein addressed. 10. Advice of Counsel. Each party has, prior to the execution of this Agreement, had an opportunity to seek the benefit and advice of independent legal counsel of its own selection regarding the substance of this Agreement, and the claims released herein. All parties hereby execute this settlement and release voluntarily with full knowledge of its significance, and with the express intention of effecting the extinguishment of any and all obligations and claims arising out of or in any way connected with the matters herein addressed. 11. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter,but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts. The rights and obligations of the parties hereto 8 shall be construed and enforced in accordance with, and governed by,the laws of the State of California, without regard to choice of law rules. 12. Authority. The persons so signing this Agreement hereby warrant that they have full authority to sign this Agreement on behalf of the respective parties on whose behalf they sign, as well as their officers, agents, employees, consultants and independent contractors. Owner Parties represent and warrant that they have exclusive right, title and interest to and in the Units ascribed to each of them in Exhibit A. The parties, and each of them, represent and warrant that they are the sole owners of the claims released herein and that such claims have not been expressly or impliedly assigned, transferred, and/or subrogated to any other person or entity. 13. Attorney fees and costs. The parties shall each bear their own costs and attorneys' fees incurred in connection with this dispute, including but not limited to those incurred in the discussions leading to and the negotiation, execution and implementation of this Agreement. 14. Reasonable efforts. The parties shall take such steps as are reasonably necessary to effectuate the purposes of this agreement. Each party shall perform any further acts and execute and deliver any further documents that may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement. In the event of a final judgment of a court of competent jurisdiction invalidating this Agreement and/or the MCUP, the parties shall exercise all reasonable efforts to cure the defect that serves as the basis for the invalidation and implement this Agreement. If the defect cannot be cured by further action of the parties,then City shall refund the in-lieu fees paid pursuant hereto and release the promissory notes and deeds of trust recorded pursuant hereto; in such event, this Agreement shall automatically terminate and the parties' returned to their respective legal positions immediately prior to execution hereof. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which may be deemed an original and all of which shall constitute a single document. Signatures provided by facsimile shall be equal to original or"wet ink" signatures. 16. Miscellaneous. (a) Each party to this Agreement has made such investigation of the facts pertaining to the settlement and this Agreement, and all of the matters pertaining thereto, as it deems necessary. (b) Each party has read this agreement and understands the contents of this Agreement. (c) Each term of this Agreement is contractual and not merely a recital. (d) Each party is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the matters 9 described herein. It is the intention of the parties to fully, finally and forever settle and release all such matters and all claims relative thereto, which do now exist, may or could exist, or heretofore have existed between them. (e) The parties hereto and each of them further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign same freely and voluntarily. (f) Except as expressly provided herein, nothing herein shall constitute a waiver by City of application and enforcement of the provisions of the Huntington Beach Municipal Code. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by each of them and/or by their respective and duly authorized representatives on the date set forth below. Dated: CITY OF HUNTINGTON BEACH By. JENNIFER MCGRATH CITY ATTORNEY SIGNATURES OF SETTLING INSURER PARTIES: Dated: STEWART TITLE GUARANTY COMPANY By: TI Dated: FIRST AM CAN TITLE INSURANCE COMPANY Q By: TITLE 10 Dated: UNITED TITLE INSURANCE COMPANY By: TITLE Dated: COMMONWEALTH LAND TITLE INSURANCE COMPANY By: . TLE Dated: FIDEL NATIONAL TITLE INSURANCE COMPA By: TITLE Dated: CHICAGO TITLE INS NCE COMPANY By: TITLE SIGNATURES OF SETTLING OWNER PARTIES: APPROVED AS TO FORM: City Attorney City of Huntington Beach Je rath, Esq. Law Offices of David Boss id G. Boss, Esq. Attorneys for Insurer Parties McGrath, Esq. 12 i ! CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Jay Turner 7352 Garfield, Unit A Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION Dear Mr. Turner: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & PP 99 9 Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, J 0 - -0) j+ oan L. Flynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner I Tele phone:714-536.5227) UroeE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Ron Esmilla 19502 Ranch Ln. #108 Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION -T352 Garfield#13.: Dear Mr. Esmilla: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714)536-5227. Sincerely, Joan L. n Y ji") City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Chad W. Owens 7352 Garfield, Unit C Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION Dear Mr. Owens: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, 6�- J+4t) Joan L. Flynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714536-5227 • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Jennifer A. Caveness 7352 Garfield, Unit D Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION Dear Ms. Caveness The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 0443, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, oan L. Flynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:71"n-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Nancy A. Sparks 6056 Shadowbrook Cr. Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION -re: 16751 Green Street#A Dear Ms. Sparks: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714)536-5227. Sincerely, Joan L. Flynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK W. Rodriguez 16751 Green Street#B Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Mr. Rodriguez: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, t1tvooL. Fyn -Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner 1 Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Joseph M. Linauro 16751 Green St. #C Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Mr. Linauro: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, jj�� Joan L. Flynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) FOE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Nancy A. Sparks 6056 Shadowbrook Cr. Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION -re: 16751 Green St.#D Dear Ms. Sparks: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held Approved Master Conditional Use Permit (CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714)536-5227. Sincerely, Joan L. �y�nCity Cler - 1+40 Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714536-5227 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Catherine E. Calfia 16741 Green St. #A Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Ms. Callia: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, an L. Flynn ity Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714.536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Timothy H. Talbert 16741 Green St.#B Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Mr.Talbert: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, 0�- jig-A) oan L. Flynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 52005 JOAN L. FLYNN CITY CLERK 1 741 GreenA.#C Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Ms. Shick: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, 0�- J+4 n L. Flynn ity Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) i� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Benjamin C. Evink 16741 Green St.#D Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Mr. Evink: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, tty L. Flynn Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) L Ole CITY OF HUNTINGTON BEACH Lo" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Vincent G. Periolat 16821 Green St.#A Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Mr. Periolat: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. 1f you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, an L. Flynn d y Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Matthew Gabbett 16821 Green St.#B Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Mr. Gabbett: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, �anL.ty Flynn i Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess,Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) i i i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Michael J. Orsini 16821 Green St. #C Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Mr. Orsini: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, Jian L. Flyty C nn lerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714536-5227 j CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Theresa Ferber 16821 Green St.#D Huntington Beach, CA 92649 Re: NOTICE OF FINAL ACTION Dear Ms. Ferber: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, an L. Flynn ity Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) • • B CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Jason Austin 8161 Forelle"Dr.#1 Huntington Beach, CA 92646 Re: NOTICE OF FINAL ACTION Dear Mr. Austin: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714)536-5227. Sincerely, J n L. Flynn Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK .Sandra C. Lind 816t Forelle.Dr. #2 Huntington Beach,'CA 92646 Re: NOTICE OF FINAL ACTION Dear Ms. Lind: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit (CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714)536-5227. Sincerely, an L. Flynn ity j+.A) Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Steve Martin 8161 Forelie Dr.#3 Huntington Beach, CA 92646 Re: NOTICE OF FINAL ACTION Dear Mr. Martin: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714)536-5227. Sincerely, tityn . Flynn erk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714536-5227) • • 1-4 & CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Kelly J. Alderman 8161 Foreile Dr. #4 Huntington Beach, CA 92646 Re: NOTICE OF FINAL ACTION Dear Ms. Alderman: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, t0�- J+496) i L. Flynn lerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner Telephone:714536-5227) FOE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Jeffrey D. Crandall 7551 Amazon Dr. #A Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION Dear Mr. Crandall: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, $Noan L. yn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner i Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Shawn D. Ferguson 7551 Amazon Dr. #B Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION Dear Mr. Ferguson: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council)Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, oan L. Flynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Jacque Sean Lovelace 7551 Amazon Dr. #G Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION Dear Mr. Lovelace: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714)536-5227. Sincerely, l"$oan L. n �J+V-" City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-5N-5227 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Ydalid Leon 7551 Amazon Dr. #D Huntington Beach, CA 92547 Re: NOTICE OF FINAL ACTION Dear Mr. Leon: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714)536-5227. Sincerely, oan L. Fyn ity Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714536- M) r • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Michael Stone 9612 Brynmar Dr. Villa Park, CA 92861 Re: NOTICE OF FINAL ACTION -re: 402-21st St.#A Dear Mr. Stone: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, oan L. yn �149 City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714536-5227) i i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Carmen A. Wilcox 402-21 t Street#B Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION Dear Ms. Wilcox: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit (CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, M/ 4%#L) an L. Flynn o y Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) Fn CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 re OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Virginia Cruz 4945 Avlemore Dr. Yorba Linda, CA 92887 Re: NOTICE OF FINAL ACTION - re: 402—21"St.#C' Dear Ms. Cruz: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, tanCL. Flynn itvity rlek Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Mark Camp 7071 Warner Ave. #F431 Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION—re:402-21e"St.#D Dear Mr. Camp: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, oan Y City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-53"227) 0 • FOE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN January 5, 2005 CITY CLERK Wai Ming Cheung 1325 S. Fremont Ave. Alhambra, CA 91803 Re: NOTICE OF FINAL ACTION — re: 17031 Ash#A Dear Mr. Cheung: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714)536-5227. Sincerely, tL.an Flynn lerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner ITWephone:71"n-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Dwight A. &Antoinette R. Flenniken 17031 Ash St.#B Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION Dear Mr. & Mrs. Flenniken: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, an L. Flynn ity JJg4() Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK David K. Wilkings 17031 Ash St.#C Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION Dear Mr. Wilkings The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, !!anL. Flynn ity Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) 1foeB CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Kyle M. McDonald 17031 Ash St.#D Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION Dear Mr. McDonald: The CityCouncil of the City of Huntington Beach at its regular meeting held Monday, tY 9 9 9 Y, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, io - JJV40 i Lynn Cty Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) ;,"iff CITY OF HUNTINGTON BEACH C9 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Rene A. Brookbank 816- 1 Vh St. Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION Dear Ms. Brookbank: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, Joan L. ynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29,2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (7elephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Chemey 1981 Trust 1118 Park St. Huntington Beach, CA 92648 Re: NOTICE OF FINAL ACTION - re:_820-11t"St. Dear Trustees: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, Joan L. ly n Ji$"J City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager er Jane James, Senior Planner (Telephone:714536-5227) • • CITY OF HUNTINGTON BEACH to 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 5, 2005 JOAN L. FLYNN CITY CLERK Steven F. Merrill 17650 Los Alamos St. Fountain Valley, CA 92708 Re: NOTICE OF FINAL ACTION —re: 828 11t'St. Dear Mr. Merrill: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 29, 2004 took action on the following Public Hearing: (City Council) Public Hearing Held -Approved Master Conditional Use Permit (CUP) No. 04-43, as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties. The City Council of the City of Huntington Beach approved CUP 04-43 with revised findings and conditions. The November 29, 2004 minutes and the approved as amended Suggested Findings & Conditions of Approval are enclosed. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from the date of mailing of this notice to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, Joan L. F ynn City Clerk Enclosure: Government Code 1094.6 Suggested Findings and Conditions of Approval November 29, 2004 Minutes cc: Penelope Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Director Scott Hess, Planning Manager Jane James, Senior Planner (Telephone:714-536-5227) ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 04-43 (Revised 11-29-04) SUGGESTED FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 04- 43: 1. Conditional Use Permit No. 04-43 for the establishment, maintenance and operation of 35 condominium units on 9 separate properties 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. 2. The conditional use permit will be compatible with surrounding uses because all of the subject properties are located within residential districts and are surrounded by other multi-family or single-family units. 3. The proposed conditional use permit for 35 condominium units on 9 properties will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, each project will comply with any specific condition required in the settlement agreement. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designations of Medium Density Residential and Low Density Residential on the various subject properties. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Policy LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re-used, and renovated buildings. Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the appropriate principles. B. Housing Element Policy H 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. Attachment 1.1 F . • The subject residential properties vary from tri-plexes to four-plexes and are located throughout the City. The units represent a variety of unit types with various floor plans and amenities. An affordable housing in-lieu fee will be submitted for each project. 5. 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 15303 of the CEQA Guidelines, because new construction or conversion of up to six multi-family units at one project site are exempt. SUGGESTED CONDITION OF APPROVAL -CONDITIONAL USE PERMIT NO. 04- 43: 1. Conditional Use Permit No. 04-43 will become effective at each individual property in accordance with the attached draft settlement agreement. Attachment 1.2 Special Meeting and Adjourned Regular Meeting Minutes City Council/Redevelopment Agency City of Huntington Beach Monday, November 29,2004 4:00 P.M. -Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A videotape of the 5:00 p.m. portion of this meeting is on file in the Office of the City Clerk. Call to Order Mayor Pro Tern Hardy called the special and adjourned regular meetings of the City Council/Redevelopment Agency of the City of Huntington Beach to order at 4:00 p.m. in the Council Chambers. City Council/Redevelopment Agency Meeting Roll Call Present: Sullivan, Coerper, Hardy, Cook,Winchell (Mayor Green and Councilmember Boardman requested permission to be absent pursuant to Resolution No. 2001-54) Absent: Green, Boardman The City Clerk Read Call for Special Meeting City Clerk Joan L. Flynn read the Call for Special Meeting Notice CALL FOR CITY COUNCILIREDEVELOPMENT AGENCY SPECIAL MEETING CITY OF HUNTINGTON BEACH MONDAY, NOVEMBER 29, 2004 Cathy Green, Mayor Jill Hardy, Mayor Pro Tem Dave Sullivan, Council Member Gil Coerper, Council Member Debbie Cook, Council Member Grace Winchell,Council Member Connie Boardman, Council Member You are hereby notified that a Special Meeting of the Huntington Beach City Council of the City of Huntington Beach, California, is called for and will be held in the Lower Level, Civic Center Council Chambers, 2000 Main Street, Huntington Beach, CA 92648 at the hour of 4:00 p.m. on Monday, November 29, 2004 in order to allow discussion of the following Closed Session agenda item: (City Council) Closed Session—Pursuant to Government Code Section 54957.6 to meet with its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City Administrator; Clay Martin, Director of Administrative Services; and Irma Youssefieh, Human (2) November 29, 2004-Council/Vency Minutes-Page 2 Resources Manager regarding labor relations matters—meet and confer with the following employee organizations: MEO, MEA, PMA, FMA, HBPOA, HBFA, MSOA, SCLEA and Non- Associated. Subject: Labor Relations--Meet&Confer. (120.80) Dated: November 19, 2004 A 02w, t Vol.-I - A T: City Clerk 01 Nwr PrNWm I hereby certify that 1 received the above notice, "Call of Special Meeting of the Huntington Beach City Council" prior to 4:00 p.m. on Sunday, November 28, 2004. Mayor The City Clerk Announced Late Communications Pursuant to the Brown (Open Meetings)Act, City Clerk Joan.L. Flynn announced Late Communications regarding agenda items that had been received by her office following distribution of the agenda packet Communication submitted by Mayor Cathy Green dated November 29, 2004 titled Notice of Absence. Communication submitted by Councilmember Connie Boardman dated November 29, 2004 titled Notice ofAbsence. Public Comments There were no speakers Motion to Recess to Closed Session—Approved A motion was made by Sullivan, second Coerper to recess to Closed Session on the following item. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Cook,Winchell NOES: None ABSENT: Green, Boardman (City Council) Closed Session—Pursuant to Government Code Section 54957.6 to meet with its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City Administrator; Clay Martin, Director of Administrative Services; and Irma Youssefieh, Human Resources Manager regarding labor relations matters—meet and confer with the following employee organizations: MEO, MEA, PMA, FMA, HBPOA, HBFA, MSOA, SCLEA and Non- Associated. Subject: Labor Relations—Meet&Confer. (120.80) (3) November 29, 2004-Council/Agency Minutes -Page 3 Reconvened City Council/Redevelopment Agency Meeting—5:00 P.M.—Council Chambers. City Council -Redevelopment Agency Roll Call Present: Sullivan, Coerper, Hardy, Cook,Winchell (Mayor Green and Councilmember Boardman requested permission to be absent pursuant to Resolution No. 2001-54) Absent: Green, Boardman No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (B). Mayor Pro Tern Hardy asked City Attorney Jennifer McGrath if there were any actions taken by the City Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney McGrath responded that there were no actions to report. The City Clerk Announced Late Communications Pursuant to the Brown (Open Meetings)Act, City Clerk Joan L. Flynn announced Late Communications regarding agenda items that had been received by her office following distribution of the agenda packet: Communication submitted by Mayor Cathy Green dated November 29, 2004 titled Notice of Absence. Communication submitted by Councilmember Connie Boardman dated November 29, 2004 titled Notice of Absence. Communication submitted by the City Attorney and the Director of Planning dated November 29, 2004 titled Conditional Use Permit No. 04-43(Master CUP for Condominium Conversions) Settling Owners. Communication submitted by Mikael H. Stahle, Esq. of Arias,Ozzello& Gignac, LLP dated November 24, 2004 titled Re: Conditional Use Permit#04-03(Condo Conversions) requesting a continuance until the next regularly scheduled City Council meeting after November 29, 2004. Communication submitted by Mikael H. Stahle, Esq. of Arias, Ozzello& Gignac, LLP dated November 29, 2004 titled Re: Conditional Use Permit#04-03(Condo Conversions). Communication submitted by the City Attorney and the Director of Planning dated November 29, 2004 titled Revised Findings and Conditions of Approval for Conditional Use Permit No. 04- 43. Public Comments Adrienne Parks spoke relative to the non-agendized proposed ordinance concerning through lots. Ms. Parks stated that to her understanding the public hearing was closed, the ordinance was scheduled for a first reading on December 20, 2004,for a second reading on January 3, 2005, and encouraged any concerned owners of property with through lots to contact the Councilmembers prior to these dates. (4) November 29, 2004-Council/Agency Minutes -Page 4 Jackie Satterthwaite spoke regarding the non-agendized proposed through lot ordinance, citing the number of speakers in favor and those in opposition to the proposed ordinance. She spoke further regarding view and property rights laws. Ms. Satterthwaite asked Councilmember Cook to recuse herself from voting on the ordinance. Steve Stafford spoke alleging false titles had been filed relative to a certain developer and asked that the situation be reviewed by Council or staff. (City Council) Public Hearing Held -Approved Master Conditional Use Permit(CUP) No. 04-43,as Revised to Reflect Adjusted Number of Property Owners in Late Communication Submitted by City Attorney and Director of Planning, as Part of a Settlement Agreement between the City and Five Title Companies Representing Property Owners Pertaining to the Conversion of 35 Condominiums on 9 Properties (420.40) Mayor Pro Tern Hardy announced that this was the time noticed for a public hearing to consider the following: Applicants: Multiple Property Owners Request: To approve approximately 65 condominium units on approximately 15 properties. (Revised per Late Communication to reflect 35 condominium units on 9 properties) Locations: (Revised per Late Communication to reflect the removal of 7342 Garfield Avenue, 1412-1418 Orange Avenue, 2505 Delaware Street, 317 Seventeenth Street, 218 Sixteenth Street, and 1703 Alabama Street)7352 Garfield Avenue, 16751 Green Street, 16741 Green Street, 16821 Green Street, 8161 Forelle Drive, 7551 Amazon Drive, 402 Twenty-first Street, 17031 Ash Street, 816, 820, and 828 Eleventh Street. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Planning Director Howard Zelefsky presented an oral report, outlining the staffs analysis and recommendations. Councilmember Coerper made inquiries relative to the number of units, the fees to be paid, and any additional fees not yet delineated. Director Zelefsky responded to Councilmember Coerper's inquiries and further detailed in-lieu inclusionary housing fees, inspection fees, and recordation of map fees. Mayor Pro Tem Hardy declared the public hearing open. Prior to announcing the public speakers, the City Clerk restated for the record the following Late Communications which pertain to this public hearing: Communication submitted by the City Attorney and the Director of Planning dated November 29, 2004 titled Conditional Use Permit No. 04-43(Master CUP for Condominium Conversions) Settling Owners. (5) November 29,2004-CouncillAgency Minutes -Page 5 Communication submitted by Mikael H. Stahle, Esq. of Arias, Ozzello& Gignac, LLP dated November 24, 2004 titled Re: Conditional Use Permit#04-03(Condo Conversions) requesting a continuance until the next regularly scheduled City Council meeting after November 29, 2004. Communication submitted by Mikael H. Stahle, Esq. of Arias, Ozzello& Gignac, LLP dated November 29, 2004 titled Re: Conditional Use Permit#04-03(Condo Conversions). Communication submitted by the City Attorney and the Director of Planning dated November 29, 2004 titled Revised Findings and Conditions of Approval for Conditional Use Permit No_ 04- 43. Mike Adams spoke regarding efforts made by City Council and staff to reach a compromise. He specifically thanked City Attorney Jennifer McGrath and Planning Director Howard Zelefsky for their cooperation. Mr. Adams additionally spoke relative to the conditions of the proposed settlement and asked the City Attorney to clarify certain points regarding conditions. City Attorney Jennifer McGrath responded to Mr.Adams' inquiry. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral,the Mayor Pro Tern declared the public hearing closed. A motion was made by Cook, second Sullivan to approve Conditional Use Permit No. 04-43 with revised findings and conditions for approval. (Attachment No. 1*) (Vote to follow) Councilmember Coerper inquired regarding additional fees and the status of individuals not yet involved in a settlement agreement. City Attorney McGrath responded and stated that the fees are set out in the agreement. The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Cook,Winchell NOES: None ABSENT: Green, Boardman ATTACHMENT NO. 1* SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 04-43 (Revised 11-29-04) SUGGESTED FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 04-43: 1. Conditional Use Permit No. 04-43 for the establishment, maintenance and operation of 35 condominium units on 9 separate properties 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. (6) November 29, 2004 -Council/Agency Minutes -Page 6 2. The conditional use permit will be compatible with surrounding uses because all of the subject properties are located within residential districts and are surrounded by other multi-family or single-family units. 3. The proposed conditional use permit for 35 condominium units on 9 properties will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, each project will comply with any specific condition required in the settlement agreement. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designations of Medium Density Residential and Low Density Residential on the various subject properties. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Policy LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re- used, and renovated buildings. Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the appropriate principles. B. Housing Element Policy H 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. The subject residential properties vary from tri-plexes to four-plexes and are located throughout the City. The units represent a variety of unit types with various floor plans and amenities. An affordable housing in-lieu fee will be submitted for each project. 5. 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 15303 of the CEQA Guidelines, because new construction or conversion of up to six multi-family units at one project site are exempt. SUGGESTED CONDITION OF APPROVAL- CONDITIONAL USE PERMIT NO. 04-43: 1. Conditional Use Permit No. 04-43 will become effective at each individual property in accordance with the attached draft settlement agreement_ (City Council) Continued from November 15,2004 Council Meeting -Public Hearing Held-(1.) Approved Zoning Text Amendment No. 04-03 Amending Huntington Beach Zoning and Subdivision Ordinance (ZSO) Chapter 250 Relating to a Tentative Parcel Map Exemption for Condominium Conversions-Approved for Introduction Ordinance No. 3690 and(2.) Approved Adoption of Resolution No. 2004-91 Establishing the Affordable Housing In-Lieu Fee Authorized by Zoning and Subdivision Ordinance (ZSO) Chapter 235 Relating to Residential Condominium Conversions (450.20) (7) November 29,2004-Council/Agency Minutes-Page 7 Mayor Pro Tem Hardy announced that this was the time noticed for a public hearing to consider the following: Applicant: City of Huntington Beach Request 1. To amend Chapter 250, Subdivisions—General Provisions, of the Huntington Beach Zoning and Subdivision Ordinance. The proposed amendment is intended to provide an exemption to the tentative parcel map process for apartments and stock cooperatives previously converted to condominiums without City approval; and Request 2. To establish an affordable housing in-lieu fee for apartments and stock cooperatives previously converted to condominiums without City approval. Location: Citywide Legal notice as provided to the City Clerk's Office by staff had been published and posted. Senior Planner Jane James presented a PowerPoint slide presentation titled Condominium Conversions, City Council Meeting November 15, 2004, Zoning Text Amendment No. 04-03 and Affordable Housing In-Lieu Fee Resolution, which was included in the agenda packet. Mayor Pro Tern Hardy declared the public hearing open. Prior to announcing the public speakers, the City Clerk restated for the record the following Late Communications which pertain to this public hearing: Communication submitted by Mikael H. Stahle, Esq. of Arias, Ozzello&Gignac, LLP dated November 24, 2004 titled Re: Conditional Use Permit#04-03(Condo Conversions) requesting a continuance until the next regularly scheduled City Council meeting after November 29, 2004. Communication submitted by Mikael H. Stahle, Esq. of Arias, Ozzello& Gignac, LLP dated November 29, 2004 titled Re: Conditional Use Permit#04-03 (Condo Conversions). Mike Adams spoke relative to the study done to determine in-lieu fees, stating concerns about the appropriateness of the fees. Mr. Adams asked Council to refer the issue to a committee for further discussion of the proposed fees. Dan Torla informed Council of his concerns regarding potential future fees to homeowners and whether title companies will accept responsibility. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral,the Mayor Pro Tern declared the public hearing closed. Council inquiries followed relative to the timing of inspections required by homeowners, any effect passing the ordinance could have on those liable, and the steps necessary to be taken by homeowners whose properties are not part of Conditional Use Permit No.04-43. City Attorney McGrath responded to all inquiries. (8) November 29, 2004-Council/Agency Minutes -Page 8 A motion was made by Cook, second Coerper to: 1. After the City Clerk reads by title, approve for introduction Ordinance No. 3690— "An Ordinance of the City of Huntington Beach Amending Chapter 250 of the Huntington Beach Zoning and Subdivision Ordinance Relating to General Provisions—Map Requirements,"and Approve Zoning Text Amendment No. 04-03 with findings for approval (ATTACHMENT NO. 1*); and 2. Adopt Resolution No.2004-91 — "A Resolution of the City Council of the City of Huntington Beach Establishing the Affordable Housing In-Lieu Fee Authorized by Zoning and Subdivision Ordinance Chapter 235 Relating to Residential Condominium Conversions." The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Hardy, Cook,Winchell NOES: None ABSENT: Green, Boardman ATTACHMENT NO. 1* SUGGESTED FINDINGS ZONING TEXT AMENDMENT NO. 04-03 SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 04-03: 1. Zoning Text Amendment No. 04-03 to amend Chapter 250, Subdivisions General Provisions, of the Huntington Beach Zoning and Subdivision Ordinance and exempt a certain class of condominium conversions from tentative parcel map procedures is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The amendment streamlines entitlement processing, continues to protect existing and future property owners, and substitutes a certificate of compliance for tentative parcel map procedures for a certain class of units converted to condominiums without approval by the City. 2. A community need is demonstrated for the changes proposed. The City desires to adopt unique provisions for apartment and stock cooperative units converted to condominiums without approval by the City. 3. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by decreasing processing time for applicants, reducing application costs for property owners, continuing to provide for quality development, and ensuring protection of existing and future property owners. A certificate of compliance will depict the proposed subdivisions with an engineer prepared plat map. 4. 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 Class 20, City Council Resolution No. 4501,which supplements the California Environmental Quality Act. • 0 {9) November 29,2004-Council/Agency Minutes -Page 9 Adjournment—City Council/Redevelopment Agency Mayor Pro Tern Hardy adjourned the special and adjourned regular meetings of the City Council/Redevelopment Agency of the City of Huntington Beach at 5:42 p.m. to Monday, December 6,2004, at 6:00 p.m., in the Council Chambers, 2000 Main Street Huntington Beach, California. (The 5:00 p.m. portion of the meeting will be recessed by the City Clerk to 6:00 p.m. due to an anticipated lack of quorum.) City(jerk and ex-officio Cleof of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City-- Clerk-Clerk yo Te hair � i � � . 'WAIS Document Retrieval • Page 1 of 2 1094.6. (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed. (c) The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case. (d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b) , the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one. (e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5. suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance. (f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. As used in this subdivision, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6433 5014891+0+0+0&WAISac... 12/9/2004 WAIS Document Retrieval Page 2 of 2 (g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6433 5014891+0+0+0&WAISac... 12/9/2004 Project List Cgndomnium'Conversions r Project Project Location m • Numb'r m 4 P1ex Condo Cony. 7342 Garfield YtM 2 4 Plex Cdhdo Cow 7352 GWeld 3 1 .4 Pl Garxio Corn. 1575t Greon Street 4 4 PlOx Cd;Wo Conv; ISM GreOn&6W `D � A,�� 5 4 'x Cando Com, 1t�t1 Strest J (�1(1(Q,e'?�V�►M1QsI WNvt 5 4 P 'x Cando Conv: 8161 krelte` i JJ OVI� 7 4 ftx Wo Conv. 7551 Aron 'm'L � ♦ 8 4 PlOx C ndo Conv; 1412-1418 Orange N 9 '4 PI x Condo r onv: 250E DelawarO 10 4 Pl x C §ndo onv: 40211st`Street 11 4 x ndo rw `17031 Asti'Street 12 ' 3 PI'x Condo g onv, 31?'17th stye ` 13 4 Plex C :ndo Conv: 21816th Street 14 4 Plex C ndo Conv: 17d3 AWbam 15 =3 PIOx C�do Conv: 816 824°828 119 Ln meet D N wulill A5 v, VYL --- D m m 11110k2G04 S:WlKq ADAMSlcrdo Fonvep;onXfrgegt listgond9conv.As ^' m NJ CD LD YA � ������►-•� Vile � ��.` i. � - -�1-�� `;../ � r W ' v 935 760 31 93 f 76032 93570033 93$760 34 12 N 1 otiis R 4 ig: Dvv Colt M0pDaiep Tiny L D�ria Mickel Carter.• 734Z ARFLfiLD AVE#A #?R RUNX`1rIGTON$EACH CA'9264$ �7N AEACS CA 92b48 RUN"P11`PTONBEACH CA 92641 RUNT%GTO 4 BEACH bA M4 - M a, 93570035 933 76036 03370031 935 760 38 it gs s it had o"" JewAcavrnm N 10 i2 GARFIEL.D ALB 73 2 G 1t D AVE73 S2 GA1tMEW AW#A 19502 RAM L $ . 73 A"M , i HMtMTON OEACK CA 9Z64$ HUNT INGTON CH CA 42648 H( N71Nr3TON SEAM CA 92648 .HU.N INMON BEACH CA 92648 D 93381109 �33$11 933$1110 93391112 A; w Rost t= - N y Apak ' a - b0S6AtiOW1R00K t2Rt 16K751 C>RE�3 STB 16751 Mx. 6036 SlipBROOK SIR 9MMON$EAC1iCA 9164$ HUIV'I7DIG1'Y'gN B Cii 92649 33UN3ING" ON$EA4;Ei CA 9264 xtaMMTDN B1P.�,C1i rA 920" 93381105 >' 13381106 ♦ 933 81107` 93 $1108 E G11i� ? / f 'Firrrbtlnt KTat" > isa A ScWok" Bej�=djCBvink rr�= 16741 GPJ Hf15 '#A 1041 ST ND .1f741 QkWMS #B 16741 ORMN ST Q� HUNtTNGT+ON�EA(3Fi CA 9Zb4� S[1M'INC Mi MACH CA 92649 HUNTINaWN BEACH CA 9%4? MJNMGTON BEACH CA 91649 933 811 of 933 81182' .Vhetht+fipdgio o ( } Miittllcw ckbbw 933 8t3 03. 933 81104 16821`GREPN St#A 16821 GRE111i 3T#a �viich�et I Qrsini f� '1�reaa Fcrbc�r � � r �P a HUN['II`IOTONi?EACH CA 9264? HJNTIDiGTCtW BEACH CA g649 1021 Ono ST#C 158E1 gREE1li S°T#D HtJN'�NOWN WAC�i CA 92b4� H :dT1 1"ON Mr AClf CA 92649 m ` J jw 1 1 ' F� r N m m m 10 LO - A ve w 9g Sao 99 N P32 890 96 932 890 97 432 8$0 98 KvpyJ A�dcmwn • ;at Aa Smidm 4 Liad ;t srtin �;/ c 1 DR 03 8162 R(?RELLI DR#4 FOjRU L,E PR I�1 Sld l 1?O AR�iZ $16 PORM 12 . 1iU�F[IIQGPOl�i BEACH CA 92G46 NBBACIK CA 92646 N BEACS C fA 92646 HU T PAAi ON$Ep►C I CA 82644� 939112 05 tee' 93: 312.06 o . _ 03931207 r 938 312 08 Y ,. x gem Lovekm � YdsHdL, an ism AMAZON OR 04 AR#C 7551 AN(AZON DR#D f r HUNTINGI'O�N OEACK CA 92647 I11 JI�I' fGTCXN B1a C�1 GA 9Zb47 w)NTiNoToN isEACH CA 92647. Ht&ra(t3TON wxm CA 9Z647 D N 8971 G0 01 s!T 160 02 g971Op 03 9971Go 04 S) �ao�gn W.Hill Robert G N!clstrn tcbe,t David ; W Jason BaaifayV 1 14i6 ORANOIRA 414 O. 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F • 937106 01 r? 93716604 9371 66 03 937166 02 3MLSA MAN L2004 7RUST r Lqq B Z"ro � Alexanift Pohno Q Yc�m Sow. I701 M A&jAX Sr#4 1703 Air!'`�A�r1A ST#B 618 R ViT�A AVE 17Q3 A�ABAMA ST#D WJWq%-XON$BAM CA 92M H17N'1'II►TGT01,113EACH CA 92tS48 HUN"GTON]PEACH CA 92648 HuNTIN(7MWBBkCH CA 91648 939 506 3S 939 506 54 934 S8b S? A Brop*o4 t ctim Y 1g817RUST 1 �F lyte�dll 816 3 NTH ST t l 18 FARK S? 17650 LOB ALAMCS ST v HUtgl NGTON J�EACJR CA 92644 Hw WrQN BEACH CA 9W8 Fp(�vv I'AR4 YgLL0 CA 5270E ,l m 77 cn a } a CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: Honorable Mayor and City Council VIA: Penny Culbreth-Graft, City Administrator FROM: Jennifer McGrath, City Attorney Howard Zelefsky, Director of Planning SUBJECT: CONDITIONAL USE PERMIT NO. 04-43 (MASTER CUP FOR CONDOMINIUM CONVERSIONS) SETTLING OWNERS DATE: November 29, 2004 In the Request for Council Action (RCA) dated November 29, 2004 relative to Conditional Use Permit (CUP) No. 04-43, there are 58 condominiums on 15 properties identified as part of the Master CUP. Although all these properties were legally noticed and it was the intent to include them all with the approval, not all of them agreed to be part of this Master CUP. Below is the list of nine properties (35 units) that are included and have authorized the processing of CUP 04-43. This CUP is only for the following properties: 1. ✓7352 Garfield Avenue 4 units 2. J16751 Green Street 4 units 3. 16741 Green Street 4 units 4. /16821 Green Street 4 units 5. j 8161 Forelle Drive 4 units 6. ,/7551 Amazon Drive 4 units 7. ✓,402 Twenty-First Street 4 units 8. � 17031 Ash Street 4 units 9. Z816, 820, 828 Eleventh Street 3 units Total: 35 units It is anticipated that properties not listed above will apply for approval under a separate CUP. c: William P. Workman, Assistant City Administrator (1129sh1) CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: Honorable Mayor and City Council VIA: Penny Culbreth-Graft, City Administrator FROM: Jennifer McGrath, City Attorney Howard Zelefsky, Director of Planning SUBJECT: REVISED FINDINGS AND CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 04-43 DATE: November 29, 2004 Attached are revised Findings and Conditions of Approval for Conditional Use Permit (CUP) No. 04-43 (Master condo conversion CUP). The findings have been revised to reflect the number of units (35 units on 9 parcels) authorized as part of the CUP, and only one condition of approval that references the draft settlement agreement. c: William P. Workman, Assistant City Administrator Attachment: Revised Findings and Conditions of Approval for CUP 04-43. Council/Agency Meeting Held: /Z RZO Deferred/Continued to: Vr v ❑ on 'tio I ZEe�b.0 Denie 00t*y!,�rk'elkignat ".9w 7— v Council Meeting Date: November 29, 2004 Department ID Number: PL04-27 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o SUBMITTED TO: HON07BLE MAYOR AND Cl U CIL MEMBERS Tyt* OP CU E BS SUBMITTED BY: PENE OPE�CUBRETH-GRAFT, City Administrator PREPARED BY: JENNIFER MCGRA44tity Attorney Cn HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 04-43 (MASTER CUP FOR 58 CONDOMINIUM CONVERSIONS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council review is Conditional Use Permit No. 04-43 (CUP 04-43), a request by numerous property owners for approval of 58 condominiums on 15 properties that were converted from apartments and stock cooperatives and sold as condominiums prior to June 1, 2004 without obtaining City approval and associated entitlements. This master CUP 04-43 is part of a settlement agreement reached between the City and five title companies representing the 58 property owners. Staff recommends the City Council approve the request as submitted (Recommended Action) and approve the 58 residential condominium conversions. Funding Source: Not applicable. Recommended Action: STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 04-43 with findings and conditions for approval (ATTACHMENT NO. 1).- ,D REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Continue Conditional Use Permit No. 04-43 and direct staff accordingly." 2. "Deny Conditional Use Permit No. 04-43 with findings." Analysis: A. PROJECT PROPOSAL: Applicants: 58 Property Owners —See Below Locations: 15 Locations See Below I�� I I � Louis R.Craig, Dev Corp McDonnell,Terry L. Davis, Michael j Carter F ? f ' Jay Turner,Ron Esmilla,Chad W.Owens,Jennifer Caverms _ Nancy A.Sparks(2 units),W. Rodriguez,Joseph M.turo �J Catherine E.Caltia,Timothy H.Talbert,Lisa A.Shick,Benjamin C. qno �> ;< Evink , X Vincent G.Periolat,Matthew Gabbett,Michael J.Orsini,Theresa x Ferber Jason Austin, Sandra C.Lind,Steve Martin, Kelly J.Alderman k � Jeffrey D.Crandall,Shawn D. Ferguson, Le , Ydalid Leon PL04-27 Master CUP Condo Conversions -3- 11/18/2004 2:47 PM • REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 s W.Jason Bonifay, Robert David, Robert C. Nelson, Damon W. Hill P. ! � Carmel McDonnell, Cara Marshall, Richard C. Lujan,Garrison S. Tarnow Michael Stone,Carmen A.Wilcox,Virginia Cnaz,Mark Camp ° Wai Ming Cheung, Dwight A.&Antoinette R. Flenniken, David K. , .. -.. Wi&in s K M.-McDonald Fr-,- Eric L. &Ruby L. Frazier,Yung-Hua Hsu, Scott Schutzman ka � v� 142 Patrick Bortmann,Andreas Osman, Robert B. &Kayla Holmes, — ; Jane Hiltz , Stolba Jean L 2004 Trust,Larry B.Zumbro,Alexandra Pedano, _ Jean Stolba w Rene A. Brookbank,Cherney 1981 Trust,Steven F. Merrill { Conditional Use Permit No. 04-43 is a request for approval of a master CUP for 58 residential units previously converted from apartments and stock cooperatives without City approval. This master CUP covering 15 separate properties is a result of a settlement agreement between the City and five different title insurance companies representing the property owners listed above. PL04-27 Master CUP Condo Conversions -4- 11/18/2004 4:02 PM REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT 1D NUMBER: PL04 27 � w SEAL �• I1 WESTMINSTER BEACH I o I F St TA EOINM1 — 1Rn .,. IMMER FOUNTAN VALLEY I 9 ATER 405 OR ANGtE •7AL�AT r2 Et115 (BDLSACHICA7 M I s GWELD 3 � wRC10NA1 PACFIC OCEAN ! M1pA140113UI IS y r ATLA►trA pae % HA•InJCN Legend sARRIfiG City Soundary Condominlum Conversion Subject Properties I COSTA MESA 1 7342 Garfield kweiWe 9 2505 De1ewreStr2et 2 7352 Garfield Arena@ 10 402 21st Stmet 3 16751 Glees Street 11 17m1 Ash Street 4 16741 Green Street 12 31717th Street 5 16821 Green Street 13 21815th Street 6 8161 Faelle Drive 14 1703 Alabama Street 7 7551AmamnDrive 15 BIGflan&s2811thStreet 8 1412-14180range AVenue CONDOMINIUM CONVERSION SUBJECT PROPERTIES CITY OF HUNTINGTON BEACH PL04-27 Master CUP Condo Conversions -5- 11/18/2004 2:36 PM REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 B. BACKGROUND On July 6, and July 19, 2004, the City Council updated the condominium conversion ordinance by creating processing exceptions and reduced development requirements for apartments and stock cooperatives that have been converted into condominiums without City approval. Additionally, the Council adopted updates for all future condo conversion projects. At the July 6, 2004 public hearing, the City Council directed staff to further streamline the permitting process and to explore alternatives deleting the tentative parcel map process for previously converted units. The Council also directed staff to investigate alternatives for projects unable to comply with current code provisions for parking and landscaping, while at the same time develop an affordable housing in-lieu fee to offset the loss of affordable rental housing. Also on the Council's agenda for November 29, 2004 are staffs recommendations for further streamlining of the permitting process (continued from November 15, 2004). Specifically, the Council may act to eliminate the tentative parcel map process and establish an affordable housing in-lieu fee for those projects that cannot meet current parking and landscaping requirements. C. STAFF ANALYSIS AND RECOMMENDATION: Staff and the five title companies representing the property owners have come to an agreement to process one master conditional use permit to permanently establish the condominium conversions subject to certain parameters. Specifically, the settlement agreement requires the following conditions of approval for the subject properties: a. Roofing, siding, doors, windows, paint, walkways, parking areas and landscape of the units shall be in good condition and repair; b. Any construction performed without permits in violation of City's Municipal Code (HBMC) and any violations of the HBMC shall be remedied; c. City will require and property owners shall permit physical inspection of the units pursuant to HBMC Section 235.08 A to assure compliance with the minimum requirements of the Housing Code, and property owners agree to remedy any conditions not so compliant; d. Property owners shall prepare and submit for approval by the City Attorney a set of Conditions, Covenants, & Restrictions (CC&Rs) consistent with HBMC Section 235.06 B. and containing a map prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the units are located. e. Payment of an in-lieu inclusionary housing fee in the amount of$10,000 per insured unit shall be made to the City of Huntington Beach within 20 days of approval of CUP No. 04-43. PL04-27 Master CUP Condo Conversions -6- 11/18/2004 2:49 PM REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 Staff recommends approval of Conditional Use Permit No. 04-43 in order to reduce processing costs and permitting time for property owners of condominium units, which have entered into a settlement agreement with the City. A map, prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the units are located, will be included in the CC&Rs. Therefore, the conditions of approval for the master conditional use permit still offer protection of subdivision and ownership definitions to the property owners. Additionally, the projects are all located in residential areas ensuring compatibility with adjacent properties, the properties will be maintained in good condition, and affordable housing in-lieu fees will be paid. Staff finds that the condominium units 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 neighborhoods. Based upon the conditions imposed the exterior of the units will be in good condition, any construction performed without permits or any significant health and safety violations will be remedied, and minimum construction standards will be met. Additionally, the projects are all located in residential areas ensuring compatibility with adjacent properties, the properties will be maintained in good condition, and affordable housing in-lieu fees will be paid. The projects are also consistent with the General Plan and Zoning designations of Medium Density (14 sites) and Low Density Residential (1 site). The granting of the conditional use permit will not adversely affect the goals and policies of the General Plan, which encourage a variety of housing types with various floor plans and amenities as well as the provision of affordable housing. In summary, staff recommends approval of Conditional Use Permit No. 04-43 for the following reasons: ➢ Decreases processing time for applicants and the City ➢ Reduces application costs for property owners and the City ➢ Continues to provide for quality development ➢ Minimum construction standards will be met ➢ Ensures protection of existing and future property owners Provides for payment of an affordable housing in-lieu fee Consistent with General Plan, Zoning, and the settlement agreement Environmental Status: The proposed project is categorically exempt pursuant to Class 3, New Construction or Conversion of Small Structures, Section 15303, California Environmental Quality Act, which states that new construction or conversion of up to six multi-family units at one project site are exempt. PL04-27 Master CUP Condo Conversions -7- 11/18/2004 2:49 PM REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT 1D NUMBER: PL04-27 Attachment(s): City Clerk's Page Number No. Description 1. Suggested Findings and Conditions of Approval RCA Author: Jane James/Scott Hess PL04-27 Master CUP Condo Conversions -8- 11/18/2004 2:36 PM °�� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: Honorable Mayor and City Council VIA: Penny Culbreth-Graft, City Administrator c FROM: Jennifer McGrath, City Attorne 1 Howard Zelefsky, Director of Planning SUBJECT: REVISED FINDINGS AND CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 04-43 DATE: November 29, 2004 Attached are revised Findings and Conditions of Approval for Conditional Use Permit (CUP) No. 04-43 (Master condo conversion CUP). The findings have been revised to reflect the number of units (35 units on 9 parcels) authorized as part of the CUP, and only one condition of approval that references the draft settlement agreement. c: William P. Workman, Assistant City Administrator Attachment: Revised Findings and Conditions of Approval for CUP 04-43. - P S. l J .1 r ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL. CONDITIONAL USE PERMIT NO. 04-43 (Revised 11-29-04) SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04- 43: 1. Conditional Use Permit No. 04-43 for the establishment, maintenance and operation of 35 condominium units on 9 separate properties 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. 2. The conditional use permit will be compatible with surrounding uses because all of the subject properties are located within residential districts and are surrounded by other multi-family or single-family units. 3. The proposed conditional use permit for 35 condominium units on 9 properties will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, each project will comply with any specific condition required in the settlement agreement. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designations of Medium Density Residential and Low Density Residential on the various subject properties. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Policy LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re-used, and renovated buildings. Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the appropriate principles. B. Housing Element Policy H 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. Attachment 1.1 The subject residential properties vary from tri-plexes to four-plexes and are located throughout the City. The units represent a variety of unit types with various floor plans and amenities. An affordable housing in-lieu fee will be submitted for each project. 5. 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 15303 of the CEQA Guidelines, because new construction or conversion of up to six multi-family units at one project site are exempt. SUGGESTED CONDITION OF APPROVAL - CONDITIONAL USE PERMIT NO. 04- 43: 1. Conditional Use Permit No. 04-43 will become effective at each individual property in accordance with the attached draft settlement agreement. Attachment 1.2 CONDITIONAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS CONDITIONAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter "Agreement") is entered into by and between the City of Huntington Beach, a municipal corporation(hereinafter "City"), on the one hand, and the Insurer Parties defined in Section 1 below (hereinafter"Settling Insurer Parties") and the Owner Parties defined in Section I below(hereinafter"Settling Owner Parties"), on the other hand. RECITALS A. Settling Owner Parties purchased or acquired what they believed to be lawful condominiums in multi-unit residential projects located in the City of Huntington Beach. B. Settling Insurer Parties issued policies of title insurance in connection with the sale of the units to Settling Owner Parties. C. City contends that the units in question were not lawfully converted to condominiums, as the converters failed to obtain the necessary discretionary entitlements from City authorizing conversions and because the purported conversions failed to satisfy City's zoning standards; and, City has indicated its intention to require that the units either revert to rental apartments, or that the Settling Owner Parties acquire, if possible under applicable standards, all required permits to legalize the conversions. There exists a dispute between the parties as to the legal status of the subject units specifically identified and incorporated by reference into this Agreement, creating uncertainty for the Settling Owner Parties and the potential for complex litigation. Said claims, contentions and resulting disputes shall hereinafter be referred to as "the Conversion Legality Disputes." D. Further, Settling Owner Parties have claims against the City regarding the fees and restrictions which the City has imposed, or seeks to impose, against the Settling Owner -Parties and the units acquired by the Settling Owner Parties under condominium conversion ordinances enacted by the City. Said claims,contentions and resulting disputes shall hereinafter be referred to as "the "Conversion Correction Disputes" E. After a considerable amount of negotiation and consideration of the time expense and uncertainty of litigation, the parties have decided to settle and compromise their differences regarding the Conversion Legality Disputes and the Conversion Correction Disputes in the manner prescribed by and set forth hereunder in this Agreement. NOW THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby stipulated by and between the parties hereto that all claims, contentions, allegations, causes of action,possible causes of action and 1 • 0 demands which are specifically related to the above-described matters are to be compromised and settled,without any admission of liability or concession by any party that the contentions of other parties are correct, on the following terms: 1. Parties. The parties to this Agreement(hereinafter"parties") are: (a) The City of Huntington Beach, a California municipal corporation. (b) Settling Owner Parties as are enumerated in Exhibit A, attached hereto and incorporated herein by reference, who hereby represent and warrant that they purchased and currently are purported owners of units in projects in which at least one unit was conveyed by a deed to a retail buyer prior to June 1, 2004 and which are listed along with their names in Exhibit A (hereinafter the"Units"). (c) Settling Insurer Parties as are enumerated in Exhibit B attached hereto and incorporated herein by reference, as regards those Units for which they and each of them issued policies of title insurance and for which coverage is afforded under said policies to said Owner Parties (said units hereinafter the "Insured Units"). 2. Master Conditional Use Permit/Validity of Agreement. (a) City agrees to acknowledge the conversion of the Units to condominiums upon approval of a Master Conditional Use Permit(hereinafter"MCUP"). Settling Insurer Parties and Settling Owner Parties shall prepare and file a complete application for a MCUP on a form designated by City. Subject to submittal of a complete application and execution and delivery to City of this Agreement by Settling Insurer Parties and Settling Owner Parties prior thereto,the City Council shall consider and take action on Settling Parties' application for the MCUP not later than November 29, 2004. The parties agree that the term "MCUP" as used herein shall include the application for the MCUP for as many units for which Settling Owner Parties have executed this agreement by November 29, 2004. The parties hereby agree that additional applications for MCUPs may be submitted by unit owners and/or insurers with respect to units within projects in which at least one unit was sold to a retail buyer prior to June 1, 2004 not included in Exhibit A consistent with the terms set forth below. (b) This Agreement shall be in full force and effect and enforceable as to its terms if the City Council approves the MCUP providing for lawful conversion of the Units to condominiums consistent with the express and specific terms and conditions set forth in this Agreement. (c) If the City Council in its reasonable discretion fails or declines to approve the MCUP, or approves the MCUP with conditions that are inconsistent with those set forth in this Agreement,then this Agreement shall be null and void and of no force and effect. In that event,the parties each reserve all of their rights and remedies as against each other. (d) Nothing in this Agreement shall limit the City Council's discretion 2 • • to take whatever action on the MCUP application it deems appropriate. Likewise,the exercise of discretion by the City Council in taking whatever action on the MCUP application it deems appropriate does not bind or commit the parties hereto, if such exercise of discretion results in conditions inconsistent with the conditions which are specific to triggering the enforceability of this Agreement. (e) The term"complete application"for purposes of this Agreement shall mean receipt by the City of the following: (i) Site Plans; (ii) Photos (iii)Mailing labels of unit owners and or tenants (iv)Narrative (v) Letter(s) of Authorization from Property Owners If these items are included in the application, the City agrees that the application will be deemed a complete application. (f) Upon approval by the City Council of the MCUP and upon payment of the in-lieu fees provided for in Paragraph 4 herein, the Units will be deemed legal condominiums. 3. Conversion terms. (a) The MCUP shall govern the conversion of the Units to condominiums and shall be consistent with the following terms and conditions and no conditions shall be imposed for purposes of final approval of the MCUP other than the following: (i) The Owner Parties will be identified in the MCUP by their names and street addresses of their respective Units; (ii) Roofing, siding,doors,windows,paint,walkways, parking areas and landscape of the Units shall be found in good condition and repair; (iii) Any construction performed without permits and any condition in violation of City's Municipal Code (hereinafter "HBMC") shall be remedied; (iv) City will require and Owner Parties shall permit physical inspection by the City of the Units pursuant to HBMC Section 235.08.A to assure compliance with Minimum Construction Standards and 3 i • minimum requirements of the Housing Code and Owner Parties agree to remedy any conditions not so compliant. Said requirements are as follows: Minimum Construction Standards: (1) For all structures built prior to February 1, 1985, draft stops shall be installed in attics to create horizontal areas that are 3,000 square feet or less. For all structures built after February 1, 1985, draft stops shall be in attics above and in line with the walls separating individual units. (2) Each unit shall have access to the electrical branch circuits that serve the unit. (3) Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and the remaining detectors shall be located per currently adopted code and may be battery or hard-wired operated. (4) Ground Fault Circuit Interrupter(GFCI) protection shall be provided where required by the currently adopted electrical code. Minimum Housing Code Requirements: (1) All structures, including main buildings, accessory structures, fencing and landscaping are maintained in a clean and safe manner. (2) The electrical, mechanical and plumbing systems are maintained in a workable and safe manner. City shall carry out these inspections within 45 days after approval of the MCUP by the City Council. City may charge and Owners shall pay an inspection fee of not more than$120 per project(including one follow-up visit to confirm compliance), and a re-inspection fee (if re-inspection is required because access to all Units is unavailable at the first inspection)at the hourly rate of$59.04 per hour. (v) Owner Parties shall prepare and submit for approval by the City Attorney a set of Conditions, Covenants &Restrictions (hereinafter"CC&Rs") consistent with HBMC Section 235.06.13 and 4 • • containing a map prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the Units are located. (b) City agrees to waive the following: (i) Submittal of as-built floor plans. (ii) Submittal of parcel maps. (iii) Restoration and refurbishment pursuant to HBMC Section 235.08.C. (iv) Landscape and parking requirements of HBMC Section 235.08.B. (v) Affordable housing requirements, except as provided in this Agreement. (vi) Application fee ordinarily required for processing of a conditional use permit(limited to the Units,as are enumerated in Exhibit A). (c) Settling Insurer Parties and Settling Owner Parties agree that City shall retain the conditional use permit application fees paid by Settling Parties prior to the date of this Agreement. (d) Settling Insurer Parties shall pay all required public hearing notification costs in connection with the public hearing on the MCUP. (e) Upon satisfaction of the conditions as set forth in the MCUP, and payment of the fees as set forth in Paragraph 4 below, the City shall within sixty(60) days issue a letter of zoning and building compliance for each compliant Unit for no additional fee or charge. 4. Payment of Inclusionary In-Lieu Fee. Settling Insurer Parties shall pay to City an in-lieu inclusionary housing fee in the amount of$10,000 per Insured Unit, said amount to be allocated among the Settling Insurer Parties as set forth in Exhibit C attached hereto and incorporated herein by reference. Payment shall be made by cashiers check or check drawn on the account of one or more of the Settling Insurer Parties payable to the City of Huntington Beach within twenty(20) days of approval of the MCUP.Notwithstanding payment of the in- lieu fee by Settling Insurer Parties,the issues of coverage shall be reserved as between the Settling Insurer Parties and Settling Owner Parties and any such payment by the Settling Insurer Parties shall not be deemed a waiver of the terms and conditions of the title insurance policies.. 5 ! 0 Owner Parties who are uninsured shall pay to City an in-lieu fee in the amount of $10,000 per uninsured Unit. Payment shall be made by check payable to the City of Huntington Beach within twenty(20) days of approval of the MCUP. Owner Parties of uninsured units may, in the alternative, execute for recordation against title a promissory note and deed of trust in favor of City, the forms of which are attached as Exhibits D and E and incorporated herein by reference, in the amount of$10,000, or in the amount of the difference between$10,000 and the amount paid in cash. The promissory note and deed of trust will not be recorded until after the City Council's approval of the MCUP. Settling Insurer Parties and Settling Owner Parties who have submitted this Agreement by November 29, 2004 who fail to either pay the in-lieu fee or, in the case of a Settling Owner Party that is not insured, execute the promissory note and deed of trust on or before 5:00 p.m. on November 29, 2004 shall be excluded from participation in this Agreement and the MCUP. Payment of the fee by Settling Insurer Parties or Settling Owner Parties who are uninsured for the Insured Units, or the execution of the promissory note and deed of trust by the Owner Parties who are uninsured, shall be a prerequisite to validity of the MCUP. The amount of the in-lieu fee provided for herein reflects the settlement of a disputed claim, and has no bearing on City's generally applicable inclusionary fees. 5. Subsequent Agreements It is expressly understood and agreed by Settling Insurer Parties and the City that the Insurer Parties which will be executing this Agreement are executing this Agreement, notwithstanding the fact that they may or may not have units which(i) are included in the application for the MCUP to be considered by the City Council for approval on November 29, 2004 and(ii)whose insureds under policies issued by the Settling Insurer Parties are Settling Owner Parties who have executed or are executing this Agreement. The Settling Insurer Parties and the City acknowledge that there are units which otherwise qualify for inclusion in the MCUP application but whose unit owners have not executed this Agreement. This has the effect of preventing owners of other such qualifying units from participating in this Agreement because the MCUP application requires the cooperation and participation of all units from a specific project address. Therefore, one or more of the Settling Insurer Parties which sign this Agreement, or a title insurance company, licensed and authorized to issue title insurance in California under applicable California law, who has not yet been contacted by an owner of a similarly situated unit who is also an insured under a title insurance policy, shall not be prevented or precluded from executing subsequent agreements in the future in connection with applications for further MCUPs as contemplated by this Agreement where other similarly situated unit owners who are insureds under title insurance policies issued by one or more of the Settling Insurer Parties or a title insurance company not yet contacted have units included in subsequent MCUP applications and execute future Agreements. Upon request of one of the Settling Insurer Parties or a title insurance company whose insureds own units which would otherwise qualify for the application for the MCUP 6 • 0 contemplated by this Agreement,the City shall enter into a settlement agreement seeking issuance of conditional use permits for conversion of units similarly situated to the Units but which are not included in this Agreement,provided that if such conversions are allowed on more favorable terms to the unit owners than those provided herein,the Settling Insurer Parties and the Settling Owner Parties shall be accorded the benefit of those more favorable terms. It is understood and agreed that the first subsequent application for an MCUP by one or more of the Settling Insurers shall not be charged an application fee, however, any subsequent applications for MCUPs shall require the payment of a new application fee of$3,502.00. The Settling Insurer Parties agree to apply for MCUPs and to execute subsequent settlement agreements containing the same or better terms as this Agreement for the benefit of insured unit owners for whom coverage is afforded and who for the reasons described above are not parties to this Agreement. 6. Mutual Release. Except for the obligations set forth in this Agreement, Settling Insurer Parties and Settling Owner Parties forever release, discharge and acquit the City (and its City Council and the members thereof, and its officers, employees and agents to the extent acting within the course and scope of their official duties on behalf of the City), from any and all sums of money, claims, contentions, allegations, demands, accounts, actions and causes of action whatsoever heretofore arising or now existing by virtue of any matter, fact, transaction or occurrence whatsoever,whether known or unknown, suspected or unsuspected,relating specifically to the Conversion Legality Disputes and the Conversion Correction Disputes. Except for the obligations set forth in this Agreement, City forever releases, discharges and acquits the Settling Insurer Parties and the Settling Owner Parties who execute this Agreement, their officers, employees and agents, from any and all sums of money, claims, contentions, allegations, demands, accounts, actions and causes of action whatsoever heretofore arising or now existing by virtue of any matter, fact,transaction or occurrence whatsoever, whether known or unknown, suspected or unsuspected, relating specifically to the Conversion Legality Disputes and the Conversion Correction Disputes. It is understood and agreed that the foregoing releases extend to all claims of every nature and kind whatsoever,known or unknown, suspected or unsuspected with specific reference to those matters addressed in this Agreement, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Said section reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." It is understood that and it is the express intent and understanding of the parties that this mutual release shall extend and shall be construed broadly so as to cover and release and discharge the parties from all claims or matters of any kind which may be related to the Conversion Legality Disputes and the Conversion Correction Disputes. It is the intent of the 7 0 • parties that this Agreement resolve and establish with certainty the legal status of the Units as condominiums and to extinguish all causes of action as between the City and the Settling Parties in that regard. The Settling Insurer Parties and the Settling Owner Parties warrant and represent that they have not filed any legal action, suit or proceeding of any kind against City in any administrative or judicial tribunal in regard to the matters described in this Agreement. City warrants and represents that it has not filed any legal action, suit or proceeding of any kind against the Settling Insurer Parties and Settling Owner Parties in any administrative or judicial tribunal in regard to the matters described in this Agreement. This Agreement is a bar to any such action or proceeding, and may be pled as a full and complete defense to any such action or proceeding as well as a basis for abatement of, or injunction against, such action or other proceeding. Nothing herein shall constitute a release of claims as between the Settling Insurer Parties and the Settling Owner Parties. 7. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the officers, agents, employees, consultants, independent contractors, heirs, successors, assigns and delegees of the parties herein. Any such assignee or delegee shall be fully bound by each and every applicable term and condition of this Agreement as though a signatory thereto. The existence of this Agreement shall be disclosed to all successors in interest of the Owner Parties. 8. Deny Liability. It is understood and agreed that this settlement is the compromise of doubtful and disputed claims, and that the terms and conditions recited hereinabove are not to be construed as an admission of liability on the part of the parties hereby released, and that said parties deny liability therefor and intend merely to avoid litigation. 9. Entire Agreement. It is understood and agreed that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Agreement contains the entire agreement between the parties hereto with reference solely to the matters herein addressed. 10. Advice of Counsel. Each party has,prior to the execution of this Agreement,had an opportunity to seek the benefit and advice of independent legal counsel of its own selection regarding the substance of this Agreement, and the claims released herein. All parties hereby execute this settlement and release voluntarily with full knowledge of its significance, and with the express intention of effecting the extinguishment of any and all obligations and claims arising out of or in any way connected with the matters herein addressed. 11. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts. The rights and obligations of the parties hereto 8 shall be construed and enforced in accordance with, and governed by,the laws of the State of California, without regard to choice of law rules. 12. Authority. The persons so signing this Agreement hereby warrant that they have full authority to sign this Agreement on behalf of the respective parties on whose behalf they sign, as well as their officers, agents, employees, consultants and independent contractors. Owner Parties represent and warrant that they have exclusive right,title and interest to and in the Units ascribed to each of them in Exhibit A. The parties, and each of them, represent and warrant that they are the sole owners of the claims released herein and that such claims have not been expressly or impliedly assigned, transferred, and/or subrogated to any other person or entity. 13. Attorney fees and costs. The parties shall each bear their own costs and attorneys' fees incurred in connection with this dispute, including but not limited to those incurred in the discussions leading to and the negotiation, execution and implementation of this Agreement. 14. Reasonable efforts. The parties shall take such steps as are reasonably necessary to effectuate the purposes of this agreement. Each party shall perform any further acts and execute and deliver any further documents that may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement. In the event of a final judgment of a court of competent jurisdiction invalidating this Agreement and/or the MCUP, the parties shall exercise all reasonable efforts to cure the defect that serves as the basis for the invalidation and implement this Agreement. If the defect cannot be cured by further action of the parties, then City shall refund the in-lieu fees paid pursuant hereto and release the promissory notes and deeds of trust recorded pursuant hereto; in such event,this Agreement shall automatically terminate and the parties' returned to their respective legal positions immediately prior to execution hereof. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which may be deemed an original and all of which shall constitute a single document. Signatures provided by facsimile shall be equal to original or"wet ink" signatures. 16. Miscellaneous. (a) Each party to this Agreement has made such investigation of the facts pertaining to the settlement and this Agreement, and all of the matters pertaining thereto, as it deems necessary. (b) Each party has read this agreement and understands the contents of this Agreement. (c) Each term of this Agreement is contractual and not merely a recital. (d) Each party is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the matters 9 0 0 described herein. It is the intention of the parties to fully, finally and forever settle and release all such matters and all claims relative thereto,which do now exist,may or could exist, or heretofore have existed between them. (e) The parties hereto and each of them further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign same freely and voluntarily. (f) Except as expressly provided herein, nothing herein shall constitute a waiver by City of application and enforcement of the provisions of the Huntington Beach Municipal Code. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by each of them and/or by their respective and duly authorized representatives on the date set forth below. Dated: CITY OF HUNTINGTON BEACH By: =Y= AOE 1 I-J Ly JENNIFER MCGRATH CITY ATTORNEY SIGNATURES OF SETTLING INSURER PARTIES: Dated: STEWART TITLE GUARANTY COMPANY By: TI Dated: FIRST;AM CANQ TITLE INSURANCE COMPY By: TITLE 10 Dated: UNITED TITLE INSURANCE COMPANY By: TITLE Dated: COMMONWEALTH LAND TITLE INSURANCE COMPANY By: TLE Dated: FIDEL NATIONAL TITLE INSURANCE COMPA By: TITLE Dated: CHICAGO TITLE INSVRANCE COMPANY By: TITLE SIGNATURES OF SETTLING OWNER PARTIES: APPROVED AS TO FORM: City Attorney City of Huntington Beach Je rath, Esq. Law Offices of David Boss T~ (3 �j L` D-11rid'G. Boss, Esq. Attorneys for Insurer Parties McGrath, Esq. 12 f17111. Council/Agency Meeting Held: 7o- Deferred/Continued to: VA r v ❑ on 'tio I Ap rove ❑ Denie City rk' ignat Council Meeting Date: November 29, 2004 Department ID Number: PL04-27 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONO BLE MAY O AND Cl - U CIL MEMBERS SUBMITTED BY: PENE OP CU BRETH-GRAFT, City Administrator PREPARED BY: JENNIFER MCGRA ity Attorney HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 04-43 (MASTER CUP FOR 58 CONDOMINIUM CONVERSIONS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council review is Conditional Use Permit No. 04-43 (CUP 04-43), a request by numerous property owners for approval of 58 condominiums on 15 properties that were converted from apartments and stock cooperatives and sold as condominiums prior to June 1, 2004 without obtaining City approval and associated entitlements. This master CUP 04-43 is part of a settlement agreement reached between the City and five title companies representing the 58 property owners. Staff recommends the City Council approve the request as submitted (Recommended Action) and approve the 58 residential condominium conversions. Funding Source: Not applicable. Recommended Action: STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 04-43 with findings and conditions for approval (ATTACHMENT NO. 1)." REQUEST FOR ACTION 0 MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Continue Conditional Use Permit No. 04-43 and direct staff accordingly." 2. "Deny Conditional Use Permit No. 04-43 with findings." Analysis: A. PROJECT PROPOSAL: Applicants: 58 Property Owners- See Below Locations: 15 Locations — See Below 1 ' 7�Garffetd,Unft ► Louis R. Craig, Dev Corp McDonnell, Terry L. Davis, Michael Carter 73 GarflpoW,Uoft A4D i Jay Turner, Ron Esmilla, Chad W. Owens,Jennifer Caveness 3 16751 Groan,tlnft, Nancy A. Sparks (2 units),W. Rodriguez, Joseph M. Linauro F47[16741 Green,Units A-D Catherine E. Callia, Timothy H. Talbert, Lisa A. Shick, Benjamin C. Evink 5 16821 Green,Unft A3 Vincent G. Periolat, Matthew Gabbett, Michael J. Orsini, Theresa Ferber 6 8161 Forellis,Unft A-D Jason Austin, Sandra C. Lind, Steve Martin , Kelly J. Alderman 7 7551 Amn,U Jeffrey D. Crandall, Shawn D. Ferguson, Jacque Sean Lovelace, Ydalid Leon _ PL04-27 Master CUP Condo Conversions -3- 1 ill 8/2004 2:47 PM REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 8 14112441$t>ta 0e W. Jason Bonifay, Robert David, Robert C. Nelson, Damon W. Hill a 9 2505 Delawam,Unft Carmel McDonnell, Cara Marshall, Richard C. Lujan, Garrison S. Tarnow 10 4tl2 Z'fst,unft'A-Q Michael Stone, Carmen A. Wilcox, Virginia Cruz, Mark Camp 11' 17031 Ash, O A l Wai Ming Cheung, Dwight A. &Antoinette R. Flenniken, David K. ------- Wilkings, Kyle M. McDonald 1°2' 31717t ,Un- t A-C Eric L. & Ruby L. Frazier, Yung-Hua Hsu, Scott Schutzman7 F, � 13 21818#t,Utz A-t} FPakBortmann,Andreas Osman, Robert B. &Kayla Holmes, ltz 14' [1703 Atabarm,Units A4) ! Stolba Jean L 2004 Trust, Larry B. Zumbro,Alexandra Pedano, Jean Stolba 15' 816,820 828111th Rene A. Brookbank, Cherney 1981 Trust, Steven F. Merrill Conditional Use Permit No. 04-43 is a request for approval of a master CUP for 58 residential units previously converted from apartments and stock cooperatives without City approval. This master CUP covering 15 separate properties is a result of a settlement agreement between the City and five different title insurance companies representing the property owners listed above. PL04-27 Master CUP Condo Conversions -4- 11/18/2004 4:02 PM 0 0 REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 SEAL I,. I `� WESTMINSTER BEACH ®LxsAt - o t FADDEN ECINSER �1 HEIL WARNER FOUNTAIN ._.....__..,_ VALLEY SLATER t, COUNTY OF 'TALIM ORANGE (ROLSACHICA) G►rIFIELD --7ZM.KMWN i PACIFIC OCEAN � /r Aar r INDIANAPOLIS ! ATLANTA PIER r HWILICN Legend City Boundary I BANNING Condominium Conversion Subject Properties COSTA� MESA1 7342 Garfield Avenue 9 25M DeiuvareStreet 2 7352 Garfield Avenue 10 AIM 219t Street 3 16751 Green Street 11 17MI Ash Street 4 16741 Green Street 12 31717th Strout 5 16821 Green Strout 13 218 t 6th Street 6 8161 Foreee Drive 14 1703 Abba Ina Street 7 7551 Amamn Drive 15 816,820 68251 lth Street 8 1412-1416 Orange Avenue CONDOMINIUM CONVERSION SUBJECT PROPERTIES CITY OF HUNTINGTON BEACH PL04-27 Master CUP Condo Conversions -5- 11/18/2004 2:36 PM REQUEST FOR ACTION 0 MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 B. BACKGROUND On July 6, and July 19, 2004, the City Council updated the condominium conversion ordinance by creating processing exceptions and reduced development requirements for apartments and stock cooperatives that have been converted into condominiums without City approval. Additionally, the Council adopted updates for all future condo conversion projects. At the July 6, 2004 public hearing, the City Council directed staff to further streamline the permitting process and to explore alternatives deleting the tentative parcel map process for previously converted units. The Council also directed staff to investigate alternatives for projects unable to comply with current code provisions for parking and landscaping, while at the same time develop an affordable housing in-lieu fee to offset the loss of affordable rental housing. Also on the Council's agenda for November 29, 2004 are staffs recommendations for further streamlining of the permitting process (continued from November 15, 2004). Specifically, the Council may act to eliminate the tentative parcel map process and establish an affordable housing in-lieu fee for those projects that cannot meet current parking and landscaping requirements. C. STAFF ANALYSIS AND RECOMMENDATION: Staff and the five title companies representing the property owners have come to an agreement to process one master conditional use permit to permanently establish the condominium conversions subject to certain parameters. Specifically, the settlement agreement requires the following conditions of approval for the subject properties: a. Roofing, siding, doors, windows, paint, walkways, parking areas and landscape of the units shall be in good condition and repair; b. Any construction performed without permits in violation of City's Municipal Code (HBMC) and any violations of the HBMC shall be remedied; c. City will require and property owners shall permit physical inspection of the units pursuant to HBMC Section 235.08 A to assure compliance with the minimum requirements of the Housing Code, and property owners agree to remedy any conditions not so compliant; d. Property owners shall prepare and submit for approval by the City Attorney a set of Conditions, Covenants, & Restrictions (CC&Rs) consistent with HBMC Section 235.06 B. and containing a map prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the units are located. e. Payment of an in-lieu inclusionary housing fee in the amount of$10,000 per insured unit shall be made to the City of Huntington Beach within 20 days of approval of CUP No. 04-43. PL04-27 Master CUP Condo Conversions -6- 11/1812004 2:49 PM i REQUEST FOR ACTION 0 MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 Staff recommends approval of Conditional Use Permit No. 04-43 in order to reduce processing costs and permitting time for property owners of condominium units, which have entered into a settlement agreement with the City. A map, prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the units are located, will be included in the CC&Rs. Therefore, the conditions of approval for the master conditional use permit still offer protection of subdivision and ownership definitions to the property owners. Additionally, the projects are all located in residential areas ensuring compatibility with adjacent properties, the properties will be maintained in good condition, and affordable housing in-lieu fees will be paid. Staff finds that the condominium units 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 neighborhoods. Based upon the conditions imposed the exterior of the units will be in good condition, any construction performed without permits or any significant health and safety violations will be remedied, and minimum construction standards will be met. Additionally, the projects are all located in residential areas ensuring compatibility with adjacent properties, the properties will be maintained in good condition, and affordable housing in-lieu fees will be paid. The projects are also consistent with the General Plan and Zoning designations of Medium Density (14 sites) and Low Density Residential (1 site). The granting of the conditional use permit will not adversely affect the goals and policies of the General Plan, which encourage a variety of housing types with various floor plans and amenities as well as the provision of affordable housing. In summary, staff recommends approval of Conditional Use Permit No. 04-43 for the following reasons: ➢ Decreases processing time for applicants and the City ➢ Reduces application costs for property owners and the City ➢ Continues to provide for quality development ➢ Minimum construction standards will be met ➢ Ensures protection of existing and future property owners Provides for payment of an affordable housing in-lieu fee ➢ Consistent with General Plan, Zoning, and the settlement agreement Environmental Status: The proposed project is categorically exempt pursuant to Class 3, New Construction or Conversion of Small Structures, Section 15303, California Environmental Quality Act, which states that new construction or conversion of up to six multi-family units at one project site are exempt. PL04-27 Master CUP Condo Conversions -7- 1/118/2004 2:49 PM 0 0 REQUEST FOR ACTION MEETING DATE: November 29, 2004 DEPARTMENT ID NUMBER: PL04-27 Attachment(s): City Clerk's ' . • - Number No. Description 1. Suggested Findings and Conditions of Approval RCA Author: Jane James/Scott Hess PL04-27 Master CUP Condo Conversions -8- 11/18/2004 2:36 PM ! ! ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 04-43 SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04- 43: 1. Conditional Use Permit No. 04-43 for the establishment, maintenance and operation of 58 condominium units on 15 separate properties 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. Based upon the conditions imposed the exterior of the units will be in good condition, any construction performed without permits or any significant health and safety violations will be remedied, minimum construction standards will be met, CC&Rs with a surveyor or engineer prepared map will be submitted, and affordable housing in-lieu fee will be paid. 2. The conditional use permit will be compatible with surrounding uses because all of the subject properties are located within residential districts and are surrounded by other multi-family or single-family units. 3. The proposed conditional use permit for 58 condominium units on 15 properties will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, each project will comply with any specific condition required in the settlement agreement. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designations of Medium Density Residential and Low Density Residential on the various subject properties. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Policy LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re-used, and renovated buildings. Policy LU 8.1.1: Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map, in accordance with the appropriate principles. Attachment 1.1 s • B. Housing Element Policy H 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. The subject residential properties vary from tri-plexes to four-plexes and are located throughout the City. Fourteen of the fifteen total project sites are zoned and General Planned for Medium Density Residential while the remaining project has Low Density Residential zoning and land use designations. The units represent a variety of unit types with various floor plans and amenities. An affordable housing in-lieu fee will be submitted for each project. 5. 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 15303 of the CEQA Guidelines, because new construction or conversion of up to six multi-family units at one project site are exempt. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04- 43: 1. Conditional Use Permit No. 04-43 will not be effective at each individual property until the following is completed in accordance with the settlement agreement: a. Roofing, siding, doors, windows, paint, walkways, parking areas and landscape of the units shall be in good condition and subject to normal and periodic maintenance and repair; b. Any construction performed without permits in violation of City's Municipal Code (HBMC) and any significant conditions detrimental to health and safety shall be remedied; c. City will require and property owners shall permit physical inspection of the units pursuant to HBMC Section 235.08 A to assure compliance with the minimum requirements of the Housing Code, and property owners agree to remedy any conditions not so compliant; d. Property owners shall prepare and submit for approval by the City Attorney a set of Conditions, Covenants, & Restrictions (CC&Rs) consistent with HBMC Section 235.06 B. in a form acceptable to the California Department of Real Estate, and containing a map prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the units are located. e. Payment of an affordable housing in-lieu fee in the amount of $10,000 per unit shall be made by cashiers check payable to the City of Huntington Beach within 20 days of approval of CUP No. 04-43. Attachment 1.2 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: CONDITIONAL USE PERMIT NO. 04-43 (CONDO CONVERSIONS COUNCIL MEETING DATE: November 29, 2004 RCA ATTACHNT .. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Attached Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Attached ' EXPLANATION FEAR MASSING ATT/� HMENTS. REl/IEWED RT1lD` FUG D Administrative Staff Assistant City Administrator initial City Administrator Initial City Clerk EXPLANATION FOR 'I (BelowOnly) RCA Author: HZ:SH:MBB:JJ:rI °JA CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: Honorable Mayor and City Council VIA: Penny Culbreth-Graft, City Administrator FROM: Jennifer McGrath, City Attorney Howard Zelefsky, Director of Planning SUBJECT: CONDITIONAL USE PERMIT NO. 04-43 (MASTER CUP FOR CONDOMINIUM CONVERSIONS) SETTLING OWNERS DATE: November 29, 2004 In the Request for Council Action (RCA) dated November 29, 2004 relative to Conditional Use Permit (CUP) No. 04-43, there are 58 condominiums on 15 properties identified as part of the Master CUP. Although all these properties were legally noticed and it was the intent to include them all with the approval, not all of them agreed to be part of this Master CUP. Below is the list of nine properties (35 units) that are included and have authorized the processing of CUP 04-43. This CUP is only for the following properties: 1. 7352 Garfield Avenue 4 units 2. 16751 Green Street 4 units _ 3. 16741 Green Street 4 units 4. 16821 Green Street 4 units 5. 8161 Forelle Drive 4 units - - 6. 7551 Amazon Drive 4 units 7. 402 Twenty-First Street 4 units ' 8. 17031 Ash Street 4 units 9. 816, 820, 828 Eleventh Street 3 units Total: 35 units r � It is anticipated that properties not listed above will apply for approval under a separate CUP. c: William P. Workman, Assistant City Administrator (1129sh1) WESTMINSTER BEACH 10IJ1A 7551 Amazon Dr tk 16741 Green St FAD — — — —.l 16751 Greeri S '— EDINGER 16821 Green.St •� 17031 Ash St •♦• —� WARNER —•—•—. I 8161 Forelle Dr •♦ s ♦• I o.F COUNTY OF �• TAWERT • ORANGE , (BOLSA CHICA) ✓ l 7352 Garfield Avenue ' EMS s ` •J m ♦•._, 402 Twenty-First. St q sFAQ° °I � ► � I I PACIFIC 816,820, 828 Elev .. S /YoRI( WN OCEAN A / /!ADM DIANAPOUS • I AXWA PIBt HAKTON BINNING COST/ EA Legend -' City Boundary CITY OF HUNTINGTON BEACH GENERAL PLAN vIII � III\/ d-2 I-8 1 NOV-29-2004 MON 02: 12 PM AOG LLP AAI FAX NO. 310 670 1231 P. 01102 ARIAS, OZZLLLO & GIGNAC, LLP ATTORNEYS&COUNSGI-ORS AT LAW HOWARD I IUGHES CENTER 6701 CENTER DRIVE WEST,SUITE 1400 LOS ANGELES,CALIFORNIA 9C045 TELEPHONE(310)670-1600 FAX(310)6704231 e-mail: aoglaw@aogllp.cotn CONFIDENTIAL L fax cover sheet ` a Jennifer McGrath, Esq. 714,374.1590 " to: Joan L. Flynn, Esq. 714.374.1557 David G.Boss, Esq. 619.235.6749 " !g from; [Mikael H. Stahle, Esq. fax: See numbers listed above date: November. 29, 2004 (2:03pin) PST re: Conditional Use Permit #04-03 pages: 2 pages(incheding cover sheet) message: Correspondence of November 29, 2004 Z'L /p This facsimile contains PRIWLEG'ED AND CONFIDENTIAL INFORMATION intended only for use of the Addressee(s) flamed above. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this facsimile in error,please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. We will reimburse for all expenses incurred. Thank you. NOV-29-2004 MON 02: 13 PM AOG LLP AAI FAX NO. 310 670 1231 P. 02/02 ARIAS, OZZELLO & GIGNAC, LLP MIKE ARIAS* ATTORNEYS&COLNSE.T.ORS AT LAW SANTA BARBARA OFFICE MARK A.OZZELLO I,PAUL GIGNAC HOWARD HUGHES CENTER 1231 STA'rE STRFF-T,SLM 20G ROBERT A.I?YF 6701 CENTER DR VG WEST SANTA OARSARA,CALIFORNIIA 93101 ARNOLD C.WANE SUITE 14CO TMN-IONE 1805)892-SSDU MIKA61.H,STAHL.E LOS ANGELES,CALIFORNIA 9 0045-1 5 5 8 FAX(BIOS)564-BBHS MICI-IAEL R.FERRONE ERIK J.EKBLAD TELEPHONE(310)670-1600 nre(Al N1. FAX(3W)67C-1231 NFW YQRK KATHRYN M,SCFIWERTFEGER EMAIL a091Qw@aogllp.Com ASSOCIATE OFFICE DAVID JAROSLAWICZ� GAIARI€L M.RE€P A 1 S0 WILLIAM STREET,19"'FLOOR NEW YQRK,NEW YORK 10038 •f4NDMC^Hy'HI L X MAN TELEPHONE(212)227.2780 MWURCA WA WWI- FAX(212)732-6746 +MLMUNI I m IMM IIN4 I.P.AGMINJbTFATOU9: November 29, 2004 CHIP OLIVER MILTON C.FRIEDMAN SC•NDER'S E-MAIL: REGINA M,MACLEOD MARICELA CASTILLO m'5 DIRGC-r E TENSIQ $€NpER'S DIRECT EXTENSIUN,11Th {AW C4901 CNRIS ELLISON STEVIE BELL SAUNDERS Via fax no. (714) 374-159(1 Jennifer McGrath, Esq. Huntington Beach City Attorney P.O. Box 190 2000 Main Street Huntington Beach, CA 92648 Re. Conditional Use Permit#04-03 (Condo Conversions) Dear Ms.McGrath: This confirms your voicemail to me of November 24, 2004 in which.you stated that unit owners will not forfeit any rights or opportunities to participate in the City's proposed settlement by declining to participate at this time. While you indicated that the item will not be taken off the City Council's November 29,2004 agenda,you assured me that the City Council will provide additional' dates for public hearing should there be (unit owners who wish to further review the proposed settlement beyond November 29. Thank you for your prompt attention to this matter. If the foregoing does not comport with your understanding of your message,please contact me inam,ediately. Very truly yours, ARIAS, OZZELLO & GIGNAC,LLP Dictated but not read to expedite delivery MIKAEL H. STAHLE cc, Joan L.Flynn, Esq. -City Clerk (Via fax no: (714) 374-1537) David G. Boss, Esq. (Via fax no: (619) 23a-6749) NOV-24-2004 WED 03.00 PM AOG LLP AAI FAX NO. 310 670 1231 P, 01/02 ARIAS, OZZELLO & GiGNAC, LLP ATTORNEYS&COUNSELORS AT LAW T TOWARD HUC IES CENTER 6701 CENTER DRIVE WEST,SUITE 1400 LOS ANGELES,CALIFORNIA 90045 TELE,FIIONE(310) 670-1600 FAX(310)670-1231 e-mail: aoglaw@;aogll.p.com CONFIDENTIAL fax cover sheet CD - Jennifer McGrath,Esq. 714,374.1590 --to, Joan L. Flynn, Esq. 714.374.1557 David.G. Boss, Esq. 619.235.6749 from: Mikael H. Stahle, Esq. fax: See numbers listed above date: November 24, 2004 (3:05pm) PST re: Conditional Use Permit#04-03 pages: pages(including cover sheet) message: Correspondence of November 24, 2004 dam, This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMA770N intended only for use of the Addressee(s) named. above. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this facsimile in error,please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. We will reimburse for all expenses incurred. Thank you. NOV-24-2004 WED 03:00 PM AOG LLP AAI FAX N0, 10 670 1231 P, 02102 AMAS, OZZELLO & GiGNAC, LLP MIKE ARIAS x ArfORNEYS&COUNSELORS AT LAW SANTA BARBARA OFFICE MARK A.OZ?ELLO ),PAUL CIGNAC HOWARD MUCHES CENTER 1231 5TA7F STREET,SUITE 206 ROPERT A.DYE 6701 CENTER DRIVC WLST SANTA MARBARA,CALIFORNIA 93101 ARNOLD C.WANG SUIT(1$00 TELEPHONE(805)692-5500. MIKAEL hl,S.I'AHLE LOS ANGELES,CALIFORNIA 90045-1558 FAX(805)564-B8a5 MICHAEL R.FERRONF _ ERIK I.EKBLAp TELEPHONE(310)670.1600 a�cauNu FAX(310)670-1231 NEW YORK KATHRYN M.SCI4WF.R7FEGER E-MAIL aagIaw&j0gIIp,C0M ASSOCIATE OFFICE DAVID)AROSLAWICZ "— GABRIEL M.REED• 150 WILLIAM STREET,1911'FLOOR NEW YORK,NEW YORK 10038 •MLMrrca:n,Nv,NI•Pt qua TELEPHONE(212)227.27a0 •M(MFA C.,NYa PL BAR5 r^X(2121 732-6746 •M-W01QTXV90W LPGALMIMINMMY-'P-- November 24, 2004 CHIP OLIVER MILTON C.FRIEDMAN 5ENDER'5 E-MAIL: REGINA M.MACLEOD MARICELA CAS'r;LLO ylila11Ie(ftlaO4I IR'COm SENDER'S DIRECT EXTENSION:108 uw ruMr. CHRIS EW SON STEVIE BELL SAUNDERS Via ax no. (714) 374-1590 Jennifer McGrath, Esq. Huntington Beach City Attorney P.O.Box 190 2000 Main Street Huntington Beach, CA 92648 Re: Conditional Use Permit#04-03 (Condo Conversions) Dear Ms.McGrath: This office represents condominium owner Scott Sch.utzman in connection with the above referenced matter. We have also been contacted reg,3'ding this matter by several of the other owners of the remaining 64 units. We have learned that the owners of the units have been given until3:00 p.m.today to accept or rgjeet a proposed settlement with the City of Huntington Beach. We believe that this time frame is too short to give the owners sufficient time to review the proposal and to seek the advice of counsel concerning their rights. We therefore ask that you continue the deadline, as well as the hearing on the matter before the City Council, until the next regularly scheduled City Council meeting after November 29, 2004. Thank you for your cooperation in this matter. Should you have any questions or concerns regarding the foregoing,please do not hesitate to contact the undersigned at any time. Very holy yours, OZnSTAHLE LLP �i MII�AEL H. cc: Joan L. Flynn,Esq. -City Clerk(Via fax no- (714) 374-1557) David G. Boss, Esq. (Via fax no: (619) 235-6749) NOTICE 6F" Li V, 4I46 BEFORE THE CITY CO k OF THE­---_- CITY OF HUNTINGT ' BEACH NOTICE IS HEREBY GIVEN that on Monday, November 29, 2004, at 5:00 p.m. in the City Council Chambers, 2000 Main Street, HuPtingto Beach, the City Council will hold a public' hearing on the followin Planning and zoning items: 1. CONDITIONAL USE PERMIT NO. 04-43 :(CONDOMINIUM CONVERSIONS) Applicants: Multiple Property Owners Request. To approve , approximately 65 condominium units 'on approximately 15 properties. Locations: 7342 Garfield Avenue; 7352 Garfield Avenue, 16751 Green Street, 16741 Green Street, 16821 Green Street, 8161 Forelle Drive, 7551 Amazon Drive; 1412-1418 Orange Avenue, 2505 Delaware Street, 402 twenty first Street, 17031 Ash Street, 317 Seventeenth .Street, 218 Sixteenth Street, 1703 Alabama Street, 816, 820, and 82 Eleventh Street Planner Assigned:Jane James NOTICE IS HEREBY GIVEN that Item 41 is categorically exem, from the provisions of the California Environmental Quality�Ac (CE4A) ON FILE: A copy of the propod raquests is'dn file in tale City Clerk's Office, 2000 Main Street, Huntington Beach, Caiifornl u 92648 ` for inspection by the public. A copy of the staff repor, will be available to interested parties at` the City Clerk's'Off", M on Wednesday, November 24, 2004. ALL INTERESTED PERSONS are invited to attend said hearin and express opinions or submit evidence for or against th' application as outlined above. If you challenge the City Courtcil' action in court, you may be limited to raising only those'.issue,, you or someone, else raised at,the public hearing described 11 this notice, or in written correspondence delivered to the City at, or -prior prior to, the public- hearing. If there. are any furth -111 questions please call the Planning Department at 536-5271, ask refer to the- above-items. Direct your written communicatio ,. to the City Clerk. Joan L. Flynn,City Clerk City of Huntington Beach 2000 Main Street,2nd Floor i Huntington Beach,California 92648 (714)536-5227 Published Huntington Beach Independent November 18,2004 113-217 .,..uwotfQ� ayiA` ua;urt zt�urt Q 8 uo3 '4 j no 464 1.009iO4 �tnoP Paj,e s r+o�(5061 n iuno a e 3l I txo au o �rh a 0 10 �lJa PuerPueall seM a3 au a SfJ!n[ al� 9 o r ,C �t t qua QqV* 'Patti uoaSSr slurs g pq; 4 -3iatdS 3lbuir PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, 9 , State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: NOVEMBER 18, 2004 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed on NOVEMBER 18, 2004 at Costa Mesa, California. Signature NOTICE '%F PUBLIC HEARING BEFORE W, . CITY COUNCIL OF THE CITY OF HUNTINGTON REAC,,H d r . NOTICE IS HEREBY GIVEN that on Monday, November.".1 2004, at 5:OQ p�cn. in the City Council Chambers, 2000 Main`' Street, Huntington Reach, the City Council will hold a pub hearing on the following Planning and zoning items: r CCONDITIONAL USE PERMIT NO., (CONDOMINIUM CONVERSIONS) Applicants Muffl Property Owners Request: To approve approximate condominium units on approximately 15 properties., roperties boa tions: 7342,Garfield Avenue, 7352 Garfield Avenue, Green Street, 16741 Green Street, 16821 Green Streets Forelle Drive, 7551 Amazon Drive, 1412-1418 Orange Aver ,` 2505 Delaware Street, 402 Twenty-first Street, 17031 Ashy Street, 317 Seventeenth Street, 218 Sixteenth Street; 170 bama Street; 816, 820, :and 828 Eleventh Street Assigned: j Jane James i' NOTICE IS HEREBY GIVEN that Item #1 is categorical empt from the provisions of the California 'Environ Quality Act (CEQA). � ON FILE: A copy of the proposed requests is on file in City Clerk's,Office, 2000 Main Street, Huntington Beach,.;; fornia 92648, for inspection "by the public. A copy of the, report will be available to interested parties at the City CI, _ Office on Wednesday, November 24, 2004. ALL INTERESTED PERSONS.are invited to attend said heat'=i ing and express opinions or submit evidence for or agems the application as outlined above. If you challenge the_ Council's action in court, you may be limited to raising 66", those issues you or someone else raised at the public,hb.&FTP ing described in this notice, or in written correspondence deb livered to the City at, or prior to, the public hearing. If t- are any further questions please call the Planning Depart meet at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. 3 Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor ' Huntington Beach, California 92648 (714) 536=5227' Publish: Orange County Register' November 18, 2004 " R2803/6449047'' AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION This space is for the County Clerks Filing Stamp STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register , a newspaper of general circulation , published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Proof of Publication of Court of the County of Orange , State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has Paste Clipping of Notice been published in each regular and entire issue of SECURELY said newspaper and not in any supplement In This Space thereof on the following dates,to wit: November 18,2004 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on Date: ovemb 8, Signa re The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 2209 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, November 29, 2004, at 5:00 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. CONDITIONAL USE PERMIT NO. 04-43 (CONDOMINIUM CONVERSIONS) Applicants: Multiple Property Owners Request: To approve approximately 65 condominium units on approximately 15 properties. Locations: 7342 Garfield Avenue, 7352 Garfield Avenue, 16751 Green Street, 16741 Green Street, 16821 Green Street, 8161 Forelle Drive, 7551 Amazon Drive, 1412-1418 Orange Avenue, 2505 Delaware Street, 402 Twenty-first Street, 17031 Ash Street, 317 Seventeenth Street, 218 Sixteenth Street, 1703 Alabama Street, 816, 820, and 828 Eleventh Street Planner Assigned: Jane James NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). ON FILE: A copy of the proposed requests is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Wednesday, November 24, 2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:1ega1s:Counci1\041129) CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: _ W.? 04- 43 (C(�N t7 0CZOVU %IDAs> DEPARTMENT: V Uf N 1J�Wee MEETING DATE:_ 11.-ZA• D A CONTACT: J k< S O AV"V� PHONE: X SS (o N/A YES NQ Is the notice attached? ( ) dQ ( ) Do the Heading and Closing of Notice reflect City Council (and/or Redevelopment Agency)hearing? Are the date, day and time of the public hearing correct? } ( ) ( } If an appeal, is the appellant's name included in the notice? ( ) ( ) If Coastal Development Permit, does the notice include appeal language? ( ) ( ) I Is there an Environmental Status to be approved by Council? Is a map attached for publication? ( ) ( ) Is a larger ad required? Size_ D?CW e, OA -t" �1/t Vti Vli� �V1ot boa tS'� ( ) ( } Is the verification statement attached indicating the sou d army racy of the mailing list? _�1Y� -' VeAJ66 e& PA filAM mjm"U4 ( ) QC) ( ) Are the applicant's name and address part of the mailing labels? Are the appellant's name and address part of the mailing labels? If Coastal Development Permit, is the Coastal Commission part of the mailing labels? ( } ( ) If Coastal Development Permit,are the resident labels attached? Is the Report 33433 attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date 2. Number of times to be published 3. Number of days between publications 21 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, November 29 2004 at 5:00 .m. in the City Council p Y Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following Planning and zoning items: ❑ 1. CONDITIONAL USE PERMIT NO. 04-43 (CONDOMINIUM CONVERSIONS) Applicants: Multiple Property Owners Request: To approve approximately 65 condominium units on approximately 15 properties. Locations: 7342 Garfield Avenue, 7352 Garfield Avenue, 16751 Green Street, 16741 Green Street, 16821 Green Street, 8161 Forelle Drive, 7551 Amazon Drive, 1412-1418 Orange Avenue, 2505 Delaware Street, 402 Twenty-first Street, 17031 Ash Street, 317 Seventeenth Street, 218 Sixteenth Street, 1703 Alabama Street, 816, 820, and 828 Eleventh Street Planner Assigned: Jane James NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA). ON FILE: A copy of the proposed requests is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Wednesday, November 24, 2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:legals:Council\041129) W1096s aasel . 0slagel ssaippV @AU3A1d Michael J. Chemey Steven F. Merrill Cara Marshall 1118 Park St 17650 Los Alamos St 2505 Delaware S Huntm each CA 92648-2729 Fountain Valley CA 92708-5214 Huntingt each CA 92648-2555 Rene A. Brookbank Elishia Olsen Debra Jean Campbell 816 l lth St 205 l3th.St Apt C_ 205 13th St Unit 4 Huntin each CA 92648-3410 Huntington Beach CA 92648-4836 Huntington Beach CA 92648-4836 Pamela A. Campbell Beatriz P. Gotuzzo Romeo Tajanlangit 14 Village Circle Dr 205 13th St Apt A 209 13th St Apt A Lompoc CA 93436-5600 Huntington Beach CA 92648-4836 Huntington Beach CA 92648-4837 Nancy Ellen Boyd David N. & Simone Carillo Cathy Gillett 209 13th St Apt B 209 13th St Apt C 209 13th St Apt D Huntington Beach CA 92648-4837 Huntington Beach CA 92648-4837 Huntington Beach CA 92648-4837 Matson R C &J E 1994 Trust Aaron T. Frankel Sean Hong 413 14th St Apt A 413 14th St Apt C 413 14th St Apt D Huntington Beach CA 926484226 Huntington Beach CA 92648-4226 Huntington Beach CA 92648-4226 Michael R. Goodwin Gwendolynn Edwards David L. Loomer 413 14th St Apt B 202 15th St 204 15th St Huntington Beach CA 926484226 Huntington Beach CA 926484411 Huntington Beach CA 92648-4411 John D. &Teri K. Gillespie Robert B. &Kayla Holmes Patrick Bortmann 812 13th St 218 16th St Apt C 218 16th St Apt A Huntington Beach CA 92648-3435 Huntington B A 92648-4439 Huntingto c CA 92648-4439 Andreas Osman Jane=ltz Hsu Yung-Hua218 16th St Apt B 218 1 St Apt D; 317 17th St Apt B Huntington Be �A926484439 Huntingto ach CA 92648-4439 Huntington c CA 92648-4283 Scott Schutzman Eric L. &Ruby L. Frazier Paul A. Tahmisian 317 17th St Apt C 317 17th St Apt A 1264 Sonoma Dr Huntington Beach 2648-4283 Huntington CA 92648-4283 Altadena CA 91001-3152 Waltrau Mattern Caroline Cass Lisa L. A. Perez 9188 Molt River Cir 103 Vista Del Mar Apt 3 322 19th St Apt A Fountain Valley CA 92708-4436 Redondo Beach CA 90277-5311 Huntington Beach CA 92648-3850 ®09t-s aoj aleldwal as0 V4.LSjaaLjS Paaj L110OWS Ytl10965 iase-1 . •slage-1 ssaippv @A213A%f Q(/ Ismael B. Denenburg Cara &Keith Marshall Richard C. &Lori A. Lujan 357 E 57th St Apt 17C 2505 Delaware S�92648-6520 2505 Delaware St# New York NY 10022-2918 Huntington Huntington CA 92648-2555 Michael Mc Donnell Garrison S. & Renee T Carolyn Kiefer 2402 Delaware St Apt 108 2505.Delaware mt D 7681 Fir Dr Apt C Huntington Beach CA 92648-5900 Huntingto each CA 92648 Huntington Beach CA 92647-4769 Robert C. &Maria Del Carmen Nancy L. Golding Steven R. Worley Murphy 7681 Fir Dr Apt B 7681 Fir Dr Apt A 7681 Fir Dr Apt D Huntington Beach CA 92647-4769 Huntington Beach CA 92647-4769 Huntington Beach CA 92647-4769 Michael Carter Ron Esmilla Louis R. Craig 7342 Garfield Ave A 7352 Garfield Ave 7342 Garfield Ave Huntingto A 92648-2034 Huntington CA 92648-2033 Huntingt ach CA 92648-2034 Terry L. Davis Rosemary&Lynn Short-B Chad W. &Christina M. we 7342 Garfield A pt C 7342 Garfield Ave 7352 Garfield Ave Huntingto each CA 92648-2034 Huntington c CA 92648-2034 Huntington CA 92648-2033 Jennifer A. Caveness Jay Turner Timothy H. &Laurel L. T ert 7352 Garfield Ave A 7352 Garfield A A 16741 Green St A Huntingto c CA 92648-2033 Huntin each CA 92648-2033 Huntington ch CA 92649-3445 Benjamin C. &Jane Ann Ev' Howard C. Richey Joseph M. Limauro 16741 Green St Apt 6056 Shadowbrook Cir 16751 Green St Apt C Huntington CA 92649-3445 Huntington Beach CA 92648-5567 Huntington Bea 92649-3446 Howard C. Richey Vincent G. Periolat Matthew T. &Teresa A. Gab 440 Panorama Dr 1682'1 Green St#A 16821 Green St#B Hemet CA 92543-5725 Huntington CA 92649-3528 " Huntm* o c CA 92649-3528 Theresa &Ron Ferber Michael J. &Heidi Orsini Catherine E. Callia 16821 Green St# 16821 Green St. #C 16741 Green St Apt Huntington ach CA 92649-3528 Huntington B CA 92649-3528 Huntington cft CA 92649-3445 Rodriguez W&N Trust Ab Nancy A. Sparks Lisa A. Schick 16751 Green St Apt 6056 Shadowbro it 16741 Green St Apt C Huntington CA 92649-3446 Huntingt each CA 92648-5567 Huntington B 11hA 92649-3445 ®091,5 joj aleldwal as0 Wlslaays paaJ 4100ws W10965 aasel . jWlagej ssaippy @A?J3Av Q2 Michael R. &Julie E. Textor Joshua T. &Angela M. Lewis Greg O. &Robin M. Endsley 322 19th St Apt B 214 20th St Apt A P. O. Box 3865 Huntington Beach CA 92648-3850 Huntington Beach CA 92648-3941 Huntington Beach CA 92605-3865 Patricia Y. Conners Michael Lyons Daniel J. Torla 214 20th St Apt C 214 20th St Apt D 7247 Havenrock Dr Huntington Beach CA 92648-3941 Huntington Beach CA 92648-3941 Huntington Beach CA 92648-3005 David J. Makuch Gilbert A. & Suzanne J. Perea Matthew R. Busser 221 Meriden Rd. 21676 Canon Dr 409 20th St Apt A Middlefield CT 06455-1069 Topanga CA 90290-4327 Huntington Beach CA 92648-3857 Judith Hendler Mark Camp Michael Stone P. O. Box 779 7071 Warner Ave#F4 9612 Brynmar Dr Huntington Beach CA 92648-0779 Huntington Be A 92647-5495 Villa Park 861-2655 Raoul E. Lybarger Carmen A. Wilcox Robert Lee Gambrel 1610 Riverview Cir 402 21 st St. Apt B 10062 Spar Cir Huntington Beach CA 92648-3707 Huntington CA 92648-3324 Huntington Beach CA 92646-7401 Gregory F. &Cindy L. Gunn Michael J. &Erika H. Reardon David Lawrence O'Toole 426 22nd St Apt A 426 22nd St Apt B 426 22nd St Apt D Huntington Beach CA 92648-3335 Huntington Beach CA 92648-3335 Huntington Beach CA 92648-3335 Jane L. Stolba Jean Stolba Larry B. Zumbro 1703 Alabama St Apt A 1703 Alabama St Apt 1703 Alabama St Huntington Beach CA 92648-3126 Huntington Be A 92648-3126 Huntingt each CA 92648-3126 Alexandra Pedano Jeffrey D. Crandall First Security Exchange 618 E Utica Ave 7551 Amazon Dr 7551 Amazon Dr Huntington B CA 92648-3218 Huntingto ach CA 92647-8652 Huntingto each CA 92647-8652 Ydalid Leon Wai Ming Cheung David K. Wilkings 7551 Amazon Dr# 1325 S Fremont Ave 17031 Ash St Apt Huntington CA 92647-8652 Alhambra C 03-1903 Huntington ch CA 92647-5833 Kyle M. Mc Donald Dwight A. Flenniken Albert W. Kim 17031 Ash St Apt D 17031 Ash St Apt B P. O. Box 454 Huntington Be 92647-5833 Huntington C �9264�7-5833 Huntington Beach CA 92648-0454 agis jo4 midwai asn uu,S199Uq D90400w 111110965 jasel Sflagaj ssaippV oAu3A-wQ W. Jason Bonifay Robert C.Nelson Damon W.Hill 1412 Orange Ave 1416 Orange Ave 1418 Orange Ave# Huntington c CA 92648-4214 Huntington Be 92648-4214 Huntington CA 926484214 Robert David Timothy& Grace E. Yuan Thomas Bagshaw 1414 Orange Ave P. O.Box 2060 5001 Nworth PI Huntington Be A 92648-4214 C/O O C P M Westminster CA 92683 Huntington Beach CA 92647-0060 Kelly Alderman Ryan Hagen Michael J. Cherney 8161 Forelle,#4 6600 Warner Ave#216 20951 Brookhurst St Huntingto ach CA 92647 Huntington Beach CA 92647 Huntington Beach CA 92648 Chuck Sheid Albert& Ann Kim Marie Elena Molnar 8062 Ebbtide Cir 1412 Huntington St P.O. Box 73542 Huntington Beach CA 92646 Huntington Beach CA 92648 San Clemente CA 92873 Mike Adams Jason Austin Mike&Julie Textor P.O. Box 382 8161 Forelle Dr#1 1009 Pecan Ave Huntington Beach CA 92648 Hunti each CA 92646 Huntington Beach CA 92648 Alan Cirson Nesip Tarcan J. Osborn 8241 Deauville Dr 411 10th St 16152 Beach Blvd. #250 Huntington Beach CA 92646 Huntington Beach CA 92648 Huntington Beach CA 92647 Rash Syed Alan Cirson Pat Morris 17925 Elm St c/o Millennium Real Est. 3631 Windspun Dr Fountain Valley CA 92708 4041 MacArthur Blvd. #160 Huntington Beach CA 92649 Newport Beach CA 92660 David N. Carillo Barbara Arrigale Linda Smith 603 Termino Ave 20100 Brookhurst St 504 19th St Long Beach CA 90814 Huntington Beach CA 92646 Huntington Beach CA 92648 Rob Nelson Howard Richey Jason Bonifay 419 Main St#364 440 Panorama Dr 6 Snowberry Huntington Beach CA 92648 Hemet CA 92543 Irvine 2604 Ann Kim Victor Verzele 1412 Huntington St#1 21662 Brookhurst,#D Huntington Beach CA 92648 Huntington Beach CA 92648 jq4 aleidwai asn S198UQ M4 U100W1q /Ink Jet labels • • Use template for 8660TM or 816OTM 933 811 09 933 811 10 933 811 11 Tenant Tenant Tenant 16751 Green St#A 16751 Green St#B 16751 Green St#C Huntington Beach,CA 92649 Huntington Beach,CA 92649 Huntington Beach,CA 92649 933 811 12 935 760 31 935 760 32 Tenant Tenant Tenant 16751 Green St 7342 Garfield Ave#A 7342 Garfield Ave#B Huntington Beach,CA 92649 Huntington Beach,CA 92648 Huntington Beach,CA 92648 935 760 33 935 760 34 935 760 35 Tenant Tenant Tenant 7342 Garfield Ave#C 7342 Garfield Ave#D 7352 Garfield Ave#A Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 935 760 36 935 760 37 935 760 38 Tenant Tenant 7352 Garfield Ave#B 7352 Garfield Ave#C 7352 Tenant Huntington Beach,CA 92648 Huntington Beach,CA 92648 Hunt Gar field Ave#D Huntington Beach,CA 92648 937 166 01 937 166 02 937 166 03 Tenant Tenant Tenant 1703 Alabama St#1 1703 Alabama St#3 1703 Alabama St#2 Huntington Beach,CA 92648 Huntington'Beach,CA 92647 Huntington Beach,CA 92647 937 166 04 938 312 05 938 312 06 Tenant Tenant Tenant 1703 Alabama St#4 7551 Amazon Dr.#A 7551 Amazon Dr.#B Huntington Beach,CA 926487 Huntington Beach,CA 92647 Huntington Beach,CA 92647 93831207 938 312 08 939 271 48 Tenant Tenant Tenant 7551 Amazon Dr.#C 7551 Amazon Dr.#D Huntington Beach,CA 92647 Huntington Beach,CA 92647 17031 Ash St.Huntington Beach,CA 92647 939 271 49 939 271 50 939 271 51 , Tenant Tenant- Tenant 17031 Ash St.#B 17031 Ash St.#C 17031 Ash St.#D Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 9264 939 506 54 939 506 55 939 506 57 Tenant Tenant Tenant 820 1 Ph St 816 1 Ph St 828 1 Ph St Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 897 160 01 Tenant «Neat Record» «Next Record» 1418 Orange Ave#A Huntington Beach,CA 92648 MAVERY8 8660TM 1-800-GO-AVERY(462-8379) www.avery.com /Ink)et labels • Use template for 8660TM or 816OTM 897 11001 897 110 02 897 110 03 Tenant Tenant Tenant 402 21"St#A 402 21s`St#B 402 21s'St#C Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648 897 110 04 897 150 01 897 150 02 Tenant Tenant # Tenant 402 21 s`St#D 218 16t'-S. 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G4�els\Pu6 U. AM, ,BAN Planning Due r 24 James Jones 31 HB Hampton HOA 3$ City of Se Ocean Vie ementary Progressi. o uaity ZvfgmL 211 ' t School istac 2740 ue eat,#300 Se e CA 90740 1720 st Lane o sego,CA 92691 Huntington Beach CA 92647 California Coastal Commission 25 Jon NL Archi d 32 Sally Gr 33 Theresa Heary Westnsias Sch I District i�Zea wIa Area South Coast Area Office 14121 da. odArenue 51 ding Circle 200 Oceangate,loth Floor Wes - *Cis 92683 Un gton Beach,C'192649 Long Beach,C k 92802-4302 California Coastal Commission 25 Patricia Koc 33 ChelTle Br 39 South Coast Area Office E Uai chool Disrict 1�feado ark 200 Oceangate,loth Floor 51 o gown Avenue 167 Ro velt Lane Long Beach,CA 92802-4302 on Beach,CA 92646 H on Beach,CA 92649 Robert)os 26 CSA,Inc. 34 Hearthside Homes 40 Caltr 12 Mars p,President 6 Executive Circle,Suite 250 33 & son Drive,Suite 380 204 a Irvine,CA 92614 Irvine, 92612-1699 N w rt Beach,C.,k 92660 Director 27 Goldeaw� COaege 35 Bolsa ca d Trust 41 Local d W v Enf.Agy. Atta: wens 520 er Avenue,Ste. 108 O. a Caze Ageacp 15 ldeawest St. Hua ' gtoa Beach.CA 92649 P.O.Box 355 un on Beach CA 92647 Santa Ana,CA 92702 New;Eger C ator 28 OC Co rs,Beach 36 Bolsa Chica d st 41 Hun ach Post Office and s pt. Evan sident 67 Ave P. Bo 48 181 o iffia Place Huntington Beach,CA 92647 Santa ,CA 92702-4048 rt Beach,CA 92660 Marc E 29 Huatiagto ea 37 Steve H er, ersori 42 Foun ' V ep Elena.School Dist Attu:P o s-Laude S A 17 O Street 777 Ave.#300 P. 5696 Fo faun Valley CA 92708 on Beach CA 9264? H on Beach,CA 92615 Dr. ord,Super. 30 CouZn=Beach es HOA 38 OC S ti strict 42 HB' erirazy School Dist Carr 108 Avenue 20 1 et Lase 66 - F Valley CA,92708 Huntington Beach,CA 92648 uaA 9264$ David P 30 Country w tes HOA 38 Ed Bla r resi t 42 HB City entary School Dist. Geral a an AES uin gto each,LLC 204, r ' er Lane 67 Shir ircle 0 Nd Street Hun ' on Beach,CA 92648 Huntin on Beach CA 92648 Huntin Beach CA 92646 MAILING LABELS—Nov 8,2004 0 W10965 aasel • G:Labels\Labels\Public Hearing Vjagej ssaippV eAU3AV President 1 Huntingto arbor CIA 10 Sue Johns 16 H.B.Chamber of Commerce P. O. 791 1967 'e ay Lane 19891 Beach Blvd.,Ste. 140 S t Be ,CA 90742 n Beach,CA 92648 Huntington Beach,CA 92648 �I Dave Stefanides 2 William D.Holman 11 Edna Litdebury 17 Orange County Assoc.of Realtors PLC GIdn St.Mob.Hm.Owners Leag 25552 La Paz Road 19 Corporate Plaza Drive 11021 Magnolia Blvd. Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Garden Grove,CA 92642 President 3 Jeffrey M. Oderman 12 Pacific Coast logical 18 �16 i e B a Chica RUTAN&TUCKER,LLP Society,I . 1 B ChicaStreet,Suite 312 611 Anton Blvd.,l4a'Floor P.O. x 26n ' gton Beach,CA 92649 Costa Mesa CA 92626-1950 C sa,CA 92627 Attn: ane Gothold Sunset Bea unity Assoc. 4 Pres.,H.B.Hist Society 13 Director 19 Pat Thie re ' ent C/O Newland House Museum O.C.P Services Dept PO x 2 19820 Beach Blvd. P.O. ox 8 S set each,CA 90742-0215 Huntington Beach,CA 92648 . S to a,CA 92702-4048 President 5 Community Services Dept 14 Vicky son 19 Huntington Beach Tomorrow Chairperson O. u�iacilities&Res.Dept PO Box 865 Historical Resources Bd. O. og 4048 Huntington Beach,CA 92648 Santa Ana,CA 92702-4848 Julie Vandermost 6 Coun n A ' g 15 Planning D' cto 20 BIA-OC 170 r Ave. City o os esa 17744 Sky Park Circle,#170 on Beach,CA 92648 P. B 200 Irvine CA 92614-4441 os esa,CA 92628-1200 Richarj,Spiqer 7 ZMetze_1,,*f16 Planning Di or 21 S City o Valley $ st 7th,12th Floor Harbor Circle 10 S er Ave.L.os Angeles,CA 90017 each,CA 92648 oun Valley,CA 92708 E.T.I. Corral 100 8 John 16 Plannin�1768 22 Mary Bell Sea ' H Ci ach 20292 Eastwoodir. 1 82 ale Lane C Huntington Beach,CA 92646 Huntington Beach,CA 92648 Newport Beach,CA 92663-8915 Al Hendricker 9 Lou M ne 16 PI g Di or 23 Environmental Board Chairman Sea ' HO of stminster 8452 Grace Circle 19 1 O an Bluff Circle 200 estminster Blvd. Huntington Beach,CA 92646 untington Beach CA 92648 Westminster,CA 92683 ®09L5 j0l ajeldwa}asn w.LSW84S Pal 410OWS Jam Free Printing www.avery.com Use Avery®TEMPLATE 596OTm 1-800-GO-AVE Q AVERY@ 5960Tm 897 11001 897 110 02 897 11003 Michael Stone Carmen A Wilcox Virginia Cruz 9612 BRYNIVIAR DR 402 21 ST ST#B 4945 AVIEMORE DR VILLA PARK CA 92861 HUNTINGTON BEACH CA 92648 YORBA LINDA CA 92887 897 11004 897 15001 897 150 02 Mark Camp Patrick Bortmann Andreas Osman 7071 WARNER AVE#F431 218 16TH ST#A 218 16TH ST#B HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 897 150 03 897 150 04 897 160 02 Robert B &Kayla Holmes Jane Hiltz Robert C Nelson 219 16TH ST#C 218 16TH ST#D 1416 ORANGE AVE HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 897 16003 897 160 04 930 795 10 Robert David W Jason Bonifay Carmel McDonnell 1414 ORANGE AVE 6 SNOWBERRY 3597 WINDSPUN DR HUNTINGTON BEACH CA 92648 IRVINE CA 92604 HUNTINGTON BEACH CA 92649 930 795 11 930 795 12 930 795 13 Cara Marshall Richard C Lujan Garrison S Tarnow 2505 DELAWARE ST#2 2505 DELAWARE ST#C 2505 DELAWARE ST#4 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 930 974 86 930 974 87 930 974 88 Eric L&Ruby L Frazier Yung-Hua Hsu Scott Schutzman 317 17TH ST#A 317 17TH ST#B 317 17TH ST#C HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 932 880 96 932 880 97 93288099 Jason Austin Sandra C Lind Steve Martin 8161 FORELLE DR#1 8161 FORELLE DR#2 8161 FORELLE DR#3 HUNTINGTON BEACH CA 92646 HUNTINGTON BEACH CA 92646 HUNTINGTON BEACH CA 92646 932 880 99 933 811 01 933 811 02 Kelly 3 Alderman Vincent G Periolat Matthew Gabbett 8161 FORELLE DR#4 16821 GREEN ST#A 16821 GREEN ST#B HUNTINGTON BEACH CA 92646 HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 933 81103 933 811 04 933 811 05 Michael J Orsini Theresa Ferber Catherine E Callia 16821 GREEN ST#C 16821 GREEN ST#D 16741 GREEN ST#A HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 933 811 06 933 811 07 933 811 08 Timothy H Talbert Lisa A Schick Benjamin C Evink 16741 GREEN ST#B 16741 GREEN ST#C 16741 GREEN ST#D HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 wi0965 pJ�J d a AI HAV-09-008-1 �� wi0965 3iV1dW3J.@kend ash wog AmAe-mmm 6uiluiid 88J3 we f Jam Free Printing www.ave co Use Avery®TEMPLATE 5960TM � '�" 1-800-GO-VO fl AVERY@ 5960Tm 933 81109 933 811 10 933 811 11 Nancy A Sparks W Rodriguez Joseph M Limauro 6056 SHAD ROOK CIR 16751 GREEN ST#B 16751 GREEN ST#C TON BEACH CA 92648 HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 933 811 12 935 760 31 935 760 32 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BEACH CA 92647 HUNTINGTON BEACH CA 92647 938 312 07 93931208 939 271 48 Jacque Sean Lovelace Ydalid Leon Wai Ming Cheung 7551 AMAZON DR#C 7551 AMAZON DR#D 1325 S FREMONT AVE HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92647 ALHAMBRA CA 91803 939 271 49 939 271 50 939 271 51 Dwight A&Antoinette R Flenniken David K Wilkings Kyle M McDonald 17031 ASH ST#B 17031 ASH ST#C 17031 ASH ST#D HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92647 HUNTINGTON BEACH CA 92647 939 506 54 939 506 55 939 506 57 CHERNEY 1981 TRUST Rene A Brookbank Steven F Merrill 1118 PARK ST 816 11TH ST 17650 LOS ALAMOS ST HUNTINGTON BEACH CA 92648 HUNTINGTON BEACH CA 92648 FOUNTAIN VALLEY CA 92708 897 16001 Damon W.Hill 1418 Orange Ave#A Huntington Beach,CA 92648 wi0965 pJMBAb ® AWAd-09-008-L w10965 3J.v'IdW3J.@Ajanv ash wo3-Aiane-mmm BUQUIJA M4 we 17 Tj MEETING DATE: November 29, 2004 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Planning 11/15/04 CUP 04-43 (Condo Conversions) v TODAY'S DATE November 15, 2004 VERIFIED BY ADMININSTRATION: APPROVED BY: Penelope Culbreth-Graft City Administrator 11/15/2004 11:19 AM City of Huntington Beach n, Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 7V 897 16003 1 Robert David 1414 ORANGE AVE IN6tp HUNTINGTON BEACH CA 92648 DAVI414* 926481024 IB03 07 11/Z FORWARD TIME EXP RTN TO SEND Z DDAVID CRE5TMOOR LN it `s 'p HUNTINGTON BEACH CA 92649-4808 UNTY LEGAL NOTICE— PUBLIC HEARING City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 C 0 a. r"ll Q Michael R. &Julie E. Textor� � 322 19th St Apt B Huntington Beach CA 92648-3850 �VhSIN6tp�, _ TEXTBRa 9a&48 040 1703 Otl 1312: Ca FORWARD 71ME EXP RTN TO SEND 9TEXT 1009OPECAN AVE �� 'ftF;#��s.►p t� HUNTINGTON BEACH CA 42648•-451b Ntr ca LEGAL NOTICE- PUBLI�j�Cf HEARING_ ...�., a' t' 3s' s1�, City of Huntington Beach Office of the City Clerk ¢ P. P.O. Box 190 Huntington Beach, CA 92648 t NA �q David N. & Simone CURIO 209 13th St Apt C Huntington Beach CA 92648-4837 o��uNtIN6rp�,� s k Off* RETURN 4 .., TO Sri'mcoL" _ IPTEp .. . T LEGAL NOTICE- PUBLIC H IN QTTEI ,OWN `� 4� -..�� S:�!aC��F t ii}�iliil�i?{lt:E�lsi�4��E's: �Jd3 -t:f tx3 FElI. City of Huntington Beach Office of the City Clerk ~` P.O. Box 190 Huntington Beach, CA 92648 = j C Nr 0,# ^ � David L. Loomer 20415th St Huntington Beach CA 92648-4411 IN6rp�, TO SENDER r�UNTY ��' LEGAL NOTICE-PU LMcmm • °r , City of Huntington Beach • -F� J3 Office of the City Clerk " r P.O. Box 190 f r Huntington Beach, CA 92648 /� � � � - • l l ©�/ Michael Mc Donnell Lt 2402 Delaware St Apt 108 Huntington Beach CA 92648- 900 ��►jIN6Tp�, �o& _`A""114r BF z RETt1RN T NOTICE PIBLIC HEANC aFIXOG ORDER EnI `i' $$ �9nfs € iise � = ar=.a .i � ���� : City of Huntington Beach t Office of the City Clerk P.O. Box 190 Huntington Beach,CA 92648 ' Greg O. &Robin M. Endsley 1 a P. O. Box 3865 Huntington Beach CA 92605-3865 IN6tp�, C-a ., s NTY apt LEGAL NOTICE PUB,.j.I� PRRING g� 3 i1Ln, "I 4—" 1-,J] s'a?;F+1=d City of Huntington Beach • j j Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 u, Mike&Julie Textar 1009 Pecan Ave ttt Huntington Beach CA 92648 aoE�ppINGTp��F TEXT009 9a6481OR4 IN 07 11123 - - RETURN TO SENDER a Z NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN-TO SENDER RETURN --_ TY ca LEGAL C9E IMall ItJas a lilt :b faYt 1=.111 City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648N�o --• a `" C/ Pamela A. Campbell g 14 Village Circle Dr Q Lompoc CA 93436-5600 IN6co Tp�,�� 141x;E QED 1 2i RETURN TO SENDER ��• E�►z»N �� NOT DELIVERADL-E AS ADORES UNABLE TO FORWARD rouNT1 ca LEGAL NOTICE- PLIKIC FIRRING ' 8E: 9264E-3019°9{D *3587-086 0 0 !'` 771�" "' City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 A q ^- © V Michael Lyons 214 20th St Apt D YYY Huntington Beach CA 92648-3941 1 I/pj RETURN - 1� R E 10, TO SENDER TO ix Is. MPTL D tATTEMPTELD NTI T LEGAL NOTICE- p 41C14 Page 1 of 1 Esparza, Patty From: Flynn, Joan Sent: Tuesday,July 19,2005 4:28 PM To: Esparza, Patty Subject: FW: Request for Notices of Action-Condo Conversions Hey--we just talked about this--can you handle it? -----Original Message----- From: Michael S [mailto:michaelst916@yahoo.com] Sent: Tuesday,July 19, 2005 2:27 PM To: jflynn@surfcity-hb.org Subject: Request for Notices of Action-Condo Conversions Joan: Mike Adams asked if you could send him the "notices of action" for the eleven properties that were approved by the City Council last night. For some reason, we did not receive the notices last November when the last group of condo conversions was approved. He needs the notices for our files and for future inspections by the Building and Safety Department. Our address is: Michael C. Adams Associates 21190 Beach Blvd. Huntington Beach,Ca 92 - a Thank you, Mike Strange 7/20/2005 64.E 11/29/2004 10: 15 FAX 714 374 1580 CITY OF HUNT BEACH, IA 005/008 Order No. Recorded in Official Records, Orange County Escrow No. Tom Daly,IIIIIIIIIIIIIIIIIIIIIIIIIIIIII!IClerk-Recorder rRl aor i er Loan No. IIIIIIIiIIIIIIIIII IIIIIIIIII IIIIIIIIIIIIt Np FEE WHEN RECORDED MAIL TO: 2005000084424 01:49pm 02/02/05 117 92 D11 A36 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Attn: City Clerk SPACE ABOVE THIS LIME FOR RWORbER'S USE;nB0 � EXEMPT FROM RECORDING FEE PER GOV.CODE§61031 DEED OF TRUST WITH .ASSIGNMENT OF RENTS This DEED OF TRUST WITH ASSIGNMENT OF RENTS("Deed of Trust"), made 1 &1 ,200�, between i' herein called TRUSTOR, whose address is 3 .ice Huntington beach,CA 92641 TIP n/_ �,/d r»�•�-f- ,4eucz,z _vF fhe C.� Pic A, herein called TRUSTEE,and THE CITY OF HUNTINGTON 13EACH,a municipal corporation of the State of California.herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of Huntington Beach, County of Orange,State of California,described as: SEE EXHI'16IT"A"ATTACHED HERETO together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Beneficiary ro collect and apply such rents, issues and profits fur the purpose of securing (1) payment of the sum of -%%31 . DOLLARS ($%0.QW..00)with interest thereon,according to the terms of that certain promissory note of even date herewith made by Trustor,payable to order of Beneficiary,and extensions or renewals thereof;(2)the performance of each agreement of Trustor incorporated by reference or contained herein and(3) payment of Additional sums and interest thereon which may hereafter be loaned to Trustor.or his successors or assigns,when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust,and with respect to the property above described,Trustor expressly makes cacti and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A.and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17,1964,and in all other counties August 18, 1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county,namely: i I�111p� WYCF NUNT11"BEACH Joan L Flynn Cyr C tk 00 GRY410t 1 PDA:2004bgree:Standard Deed of Trust hokumIbis officlal t �"mw Beach,as conMmPlated under i Gowmrrtent Code Sec.6103 and should b s recorded free of charge. if/2' 6"64 10,:Y3..FAX' 'Tf A74''158 ......... 01yV0,r-i0W BEACH' l&06J00$ COUNTY BOOK 'PAGE COUNTY BOOK PAGE COUNTY BOOR PAGE COUNTY BOOK FACIE Alamoda 1288 556 Kings $58 713 Placcr 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 4lskiyou 506 762 Armed& 131 439 Lassen 192 367 Riverside 3778 347 Solaro 1287 621 Butte 1330 513 Los Angeles T-3879 874 Sacramanto 5039 124 Sonoma 2067 427 Calavoraa 185 338 Madera 911 136 San Benito 300 405 Stanislaua 1970 56 Colusa 323 391 Marin 1949 122 San Bernardino 6213 768 Sutler 611 sag t:"tra Costa 4684 1 Mmposo 90 453 San Francisco A-804 596 Tchams 457 181 Dal Norte 101 349 Mendocino 667 99 S4n.JaRquln 2855 2113 Trhtlty 109 595 El Dorado 704 635 Maraud 1660 753 San Luis Obispo 1311 137 Talsrc 2530 109 Fresno 5062 623 Modoc 191 93 San Marco 4779 115 Tuolumne 177 160. Glonn 469 76 Mono 69 302 Saada Batbarr 2065 gal vemrurd 2607 237 Humboldt Sol 83 Monterey 357 239 Santa Clara 6626 664 Y019 769 16 Imperial 1199 701 Napa 704 742 Santa Cruz 1638 607 Yuba 39B 693 Inyo 165 672 Nevada 363 94 Shasta Boo 633 Kern 3756 690 Orange 7182 is San Diego SERrES 5 Book 1964,Page 149774 shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said subdivisions A and B (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby,provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor,requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. Signature ofTrustor STATE OF CALIFORNIA COUNTY OF ORANGE } Name: ��'- 11f' a C rGl� (7'y r print)j t Zft before me. personally appeared — e (or proved to me on asis of satisfactory Name: evidence) to be the person(s) whose narnes(S) c subscribed to the (Type or print) within in d gcd to me ' be(( a/they executed the same. its 11 eir author d capecity(ies, and that by 1is1bt/their sign es(s) on the' suument the person(s) or the entiry 'Up—on behalf of ich the perso s)acted,executed ti instrument. TNESS y han nd 1 1 ' Signatu (This area for official notarial sea!) PATRIIA J,�C CIA Commission t1 1425452 .� Notary Pub#C -Cdifornda ., orange County, my Cortlm.ExpkW jun 19. 2 FDA:2004ag=:Standard Deed of Trust 11/29/2004 10: 15 FAX 714 374 1590 CITY OF HUNT BEACH 007/008 DO NOT RECORD The following is a copy of Subdivisions A and B of fictitious Deed of Trust recorded in each county in Californin as stated in die foregoing Deed of Trust and incorporated by reference in said Deed of Trust as bcin part thereof as if set forth at length therein. A. To protect the security of this Deed of T A Trustor agrees: 1) To keep said property in goad co Men and repair,not to remove or demolish any building thereon;to complete or restore promptly and in a goad and workmanlike manner any building which may constructed,damaged or destroyed thereon and to pay when due all claims ibr labor porformod and malerials ilrroished therefor.to comply with all laws affecting sai property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof;not to conrrnit,suffer or permit any act upon said pr any In violation of law;to cultivnto,lrrigaw.liutilixe,fumigate,prune and do all other acts which from de character or use of said property may be reasonably necessary, specific enumerations herein not excluding the general. 2) To provide,maintain and 6 liver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by oncficiary upon any indebtedness secured hereby and in Such order as Beneficiary may determine,or at the option o'f Beneficiary the entire amount ro collected or any p thereof maybe released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or Invalidate any act done pursuant m s notice. 3) To appear in and defect tuts action or proceeding purporting to affect the security hereof or the rights or powers ofBcneficiary or Trustee;and to pay all costs s I f title and attome 's foes in a reasonable sum in such action or proceeding in which Beneficiary or m ear.and in and expense,Including coat o condo 00 of y any P g u4' may uPP any suit brought by Bcnr0eiary to f close this Deed. 4) To pay:a least ten d s before delinquency all mitts and assessments affecting said property,including assessments on appurtenant water stock.when due,all encumbrances,charges and liens,wi interest,on said property or any part O wcof,which appear to be prior or superior herern;all cows,fees and expenses of this Toast, Should Truster Fail ro mak any payment or to do any act as herein provided,then Beneficiary of Trustee,but without obligation so to do and without notice to or demand upon Trustor and wldtout role ng Trustor tom any obligation h or do the same is such manner and to such extent as cithor may deem necessary to protect the security hereof Beneficiary o site being outhori ter upon said p for such purposes;appear in and defend any action or proceeding purporting to affect the security hereof or the rights or try or Trustee;pay,purrAhusc test or comprom'tic any oncumbriatim chars--or lien which in the judgment of either appears to be prior or superior hereto;and,in exercising any such powers,pay recess expenses,employ counsel and pay his reasonable fees. 5) To pay immediately and without demand all sums so expended by Batcticiary r Trustee.with interest From the date of expenditure at the amount allowed by law in effect at the dare bereg and to pay for any statement provided for by law in effecr at date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed bylaw at the time when said statement' dem,nndcd, D. It is mutually agreed: 1) That any award in canncction with any cundcinnatlon for public use of injury to said property or Tiny pan thereof is hereby assigned and shall be paid to Beneficiary who may apply or role=such moneys received by him in the same m and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2) That by accepting payment of any sum secured hereby after its due d ,Beneficiary dons not waive his right either to require prompt payment when due of all other sum;so secured or to declare default for failure so to pay. 3) That at any time or from time to time,without liability dterefbr and idtout notice,upon written requtzt of Beneficiary and presentation of this Deed and said note for endorsement,and without affecting the personal liability of any person r payment of the indebtedness secured hereby,Trustee may:reconvey any part of said property;consent to the making afany map or plat t'hcrcof join In granting any cu ement diereon,or join in any extension agreement or any agreement subordinating the lion or charge hereof. 4) That upon written request of Beneficiary stating that all sums sc red hereby have been paid.and upon surrender of this Deed and said mote to Trustca for cancellation and retention or other disposition as Trustee in its sole discretion ey choose and upon payment of its fees,Trustee shall recouvey,without warranty,the property then held hereunder. The recitals in such roconvcyartcc of any matt or facty Nhall be conclusive proof of the tnithfulness titereof. The Grantee in such reconvoyancc may be dmoribed as"the person or persons legally entitled thereto," 5) That as additional security,Trustor hereby gives to and confers_upon Beneficiary the right,power and authority, i the continuance of these Trusts,to Collect die rants,issues and profits of said property,reserving unto Trustor the right.prior to any default by Trustor in payment of any i obtedness secured hereby or in the performance of any agrecmart hereunder,to collect and retain such rents,issues and profits as they become duo and payable. Upon any su default,Beneficiary may at any time without notice.either in person,by agent,or be a receiver to be appointed by a court,and without regard to the adequacy aF any at rity(ht the indebtedness hereby secured,enter upon and take possession of said property or any part thereof,In his own name sue for or otherwise collect such rents,issu and profits,including time past duc and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorneys fees,upon any i ebtcdncss secured hereby,and in such order as Beneficiary may determine. The entering upon and taking possession oi'suid property,the collecting of such rents,issues profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 4) That upon dofault by Trustor In payment of any indebtedness securod hereby or In the performance of arty agreement h cundcr,Bencficiory may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of w tten notice of default and of election to count to be sold said property,which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustec is Deed.said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and n tice of sale having been given as then required by law,Trustee,without demand on Trustor,shall loll said property at the time and place fixed by it in said noticc of sale either as a whole or in soparato parcels, and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United States;pa a at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of vale,and from time to time th after may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the p crty so sold,but without any covenant or warranty,express or implied. The recitals in such deed of any mature of facts shall be conclusive proof of the truthfulness thereo Any person,including Trustor,Trustee, or Beneficiary as hereinafter defined,may purchase at such sale. After deducting all costs,fees and expenses of Trustee and of this Trust.including cost of evidence of title in c ction with sale,Trustee shall apply the proceeds of sale to payment of of I sums expended Linder the terms hereof not than repaid,with accrued Interest at the amount silo ad by law in effect at the dam hereon;all other sums then secured hereby;and the remainder,if any_to the person or persons legally entitled thereto. 7) Beneilclary,or any succasver in ownership of any indebtedness secured hereby,may from time to time,by Instrum t In writing,substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument.executed by the Beneficiary and duly acknowledged an ocoordod In dic oiyloo of tic recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trust ,who shall.without conveyance from the Trustee predecessor,succeed to all its title_estate,rights,powers and duties. Said instrument must contain the naino of he original tor,Trustee and Renefieiary hereunder.Oc book and page where this Deed is recorded and the name and address of the new Trustee. g) That this Oecd applies to,inures to the beneilt ol;and binds all parties hereto,their heirs.Icgataes,devisees,administrators,cxecutm,successors and assigns. The Term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby,whether or not named as Beneficiary herein. In this Deed,whenever Cho context so roquires.the masculine gender includes the feminine and/or neuter.and tic singular number includes the plural. PDA;2004agree:Standard Decd of Trust ...................IT. .....OF.......UN.... . . EACH...................................................... 11129l2t704 10:Y6 FAx 7Y4 374 159 CY HT B ' Cj048�008 9) That Trustee accepts this Trust n this Deed,duly executed and acknowledged,is made a public record as provided by law. Trustee is not obligated to notify any parry hereto of pending sale under other Deed of Trust or of any action or proceeding in which Trustor,Bencficiwy or Trustee shall be a p ffty unless brought by Trustee. (rYr 1 d DO NOT RECORD f REQUEST FOR FULL REC NVEYANCE TO TRUSTEE: The undersigned is legal owner and holder of the note or notes and of all indebtedness secured by the foregoing Deed of Trust. Said n or notes,together with all other indebtedness sects by said Deed o ave been fully paid and satisfied;and you are hereby requested and directed,on payment you of any sums owing to you under the terms of say rust,m cancel sa to or noler above mentloncd,an all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and ro nvey,without warranty,to the parties designated by the terms of said Deed of Trust all the estate now held by you under the same, Detad Please trail Deed of Trust, No[e and Reconveyance to Do Not lose or destroy this Deed of Trust OR T E NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. 4 PDA;2004agree:Standard Dead of Trust 11/2$/2004 1*0: 14FAX...714374"1590.................CITV..OF-H,UIVT CIi'.....:... 6�.. . ...............................I�IQp2/0 $............. EXHIBIT A PROMISSORY NOTE Property Address: Huntin 'o�7n(�B�each CA 2b4 "CA-9 r �J�fr V� 4 fi lf�J� 1. Promise to Pay. ("Borrower")promises to pay the CITY OF HUNTINGTON BEACH, a California Municipal corporation,("Holder,"also referred to as"City"),,at the office of the City in Huntington Beach,California,or at such other place as the Holder may designate in writing, the principal sum of Ten Thousand Dollars($10,000.00) (the"Note Amount"),together with interest. The balance of all unpaid principal and accrued interest shall be due and payable upon sale of the Property or upon occurrence of the other events listed in the acceleration clause herein. The term of this Promissory Note("Note")shall be for a period of 10 years from the date Borrower executes this Note,unless the Property is earlier sold or one of the events listed in the Acceleration clause herein earlier occurs. 2. Interest. No interest shall be charged by the City on the Note, or any portion of the Note Amount remaining unpaid;from time to time,from the date of the disbursement of the Note Amount until the date upon which the Note Amount is repaid, as long as Borrower is not in default on the Note. 3. Acceleration. The whole of the Note Amount, any interest accrued thereon, and all other payments due hereunder shall,at the option of the Holder,become due and be immediately payable to the Holder by the Borrower upon the occurrence of any one of the following events: (a) Borrower sells,transfers or makes disposition of the Property in whole or in part, or any interest therein,whether voluntary or involuntary; (b) Borrower refinances any lien or encumbrances to which the City's Deed of Trust is subordinate for loan amount in excess of the then current loan balance secured by such lien or encumbrance; (c) The close of a probate estate following the death of Borrower(unless Borrower is more than one person and one or more of the other people comprising Borrower survive); (d) Borrower defaults on this Promissory Note; (e) Borrower defaults on the City Deed of Trust. In the event that there is a default in payment as scheduled herein or a default under the terms of the Deed of Trust securing this Note, or a default of any other instrument executed by Borrower or any guarantor in favor of the City,the Holder may at its election declare all amounts of the outstanding principal and accrued interest thereon immediately due and payable. 1 PDA:2004agree:Standard 11roirksory Now i.lj2 /M64 iVA"PAX....i 374'IM ................CIYV AVWNy BEACH Ig.0.0310-b8............. 4. Application of Payments. Any sums received hereunder may,at the option of Holder hereof,be applied in any order to the payment of costs,interest, or principal due hereunder. 5. Prep Borrower may prepay principal,on this Note without penalty or fee. 6. Non-Waiver. Failure to exercise any right the Holder may have or be entitled to, in the event of any default hereunder, shall not constitute a waiver of such right or any other right in the event of subsequent default. 7. Borrower's Waivers. The Borrower and all guarantors and endorsers hereof hereby severally waive certain requirements of the City. These are: a)to demand payment of amounts due(known as"presentation for payment"), b)to give notice that amounts due have not been paid(known as"notice of dishonor")and c)to obtain an official certification of nonpayment(known as "protest"). Borrower consents that the Holder hereof may extend the time of payment or otherwise modify the terms of payment of any part or the whole of the debt evidenced by this Note,by agreement between the Molder and Borrower, and such consent shall not alter or diminish the liability of any person or the enforceability of this Note. Each and every party signing or endorsing this Dote binds itself as a principal and not a surety. In any action or proceeding to recover any sum herein provided for,no defense of adequacy of security,or that resort must first be had to security or to any other person shall be asserted. All of the terms, covenants,provisions, and conditions herein contained are made on behalf of, and shall apply to and bind,the undersigned and its successors and assigns,jointly and severally. 8. Security of Note. This Note is secured by a Deed of Trust(the"City Deed of Trust")of even date herewith executed by Borrower covering property located in Orange County, State of California,known as 9_ Maximum Interest. No provision of this Note or any instrument securing payment hereof or otherwise relating to the debt evidenced hereby shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable Iaw. If any excess of interest in such respect is herein or in such other instrument provided for,or shall be adjudicated to be so provided for herein or in any such instrument,the provisions of this paragraph shall govern, and neither Borrower or any endorsers of this Note nor their respective heirs,personal representatives, successors or assigns shall be obligated to pay the amount of such interest to the extent it is in excess of the amount permitted by applicable law. 10. Notice. Any demand or notice to be made or given under the terms hereof or any instrument now or hereafter securing this Note by the Holder to Borrower shall be effective when mailed or delivered in the manner specified in the City Deed of Trust. i I i 2 PICA:2084agroe:Standard Promissory Note 11/29/2004 10: 14 FAX 714 374 1580 CITY OF HUNT BEACH I�j.0041008 11. Puments Deferred. All principal payments will be deferred so long as the Borrower is in compliance with the terms of this Note, and the City Deed of Trust. IN WITNESS HEREOF,this instrument has been executed as of the date set forth above. CITY OF HUNTINGTON BEACH BORROWER: Ci Administrator (TYp e or Print) APPROVED AS TO FORM: r city orney 3 PDA:2004agrra;Standard Promissory Now P CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the Deed dated November 29, 2004 from JEFFREY D. CRANDALL to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Agency pursuant to Agency action taken during the November 29, 2004 meeting and the grantee consents to the recordation thereof by its duly authorized officer. Dated: January 18, 2005 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH JOAN L. FLYNN AGENCY CLERK By: Patty Esparza Deputy Clerk G:/followup/deeds/deedscertredevelopment.doc Procedure#17 (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK /'„L" JOAN L. FLYNN CITY CLERK ' January 18, 2005 Tom Daly O. C. Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find the DEED OF TRUST WITH ASSIGNMENT OF RENTS between Jeffrey D. Crandall and the Redevelopment Agency of the City of Huntington Beach to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the Deed of Trust with Assignment of Rents when recorded to this office in the enclosed self-addressed stamped envelope. 4g.A) Joan L. Flynn City Clerk Enclosures Re: Deed of Trust with Assignment of Rents-Location:7551 Amazon Drive#A—Jeffrey D.Crandall. G:/followup/deeds/deedletter2002.doc Procedure#18 (Telephone:714-536-5227) CONDITIONAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS CONDITIONAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter"Agreement") is entered into by and between the City of Huntington Beach, a municipal corporation(hereinafter"City"), on the one hand, and the Insurer Parties defined in Section 1 below(hereinafter"Settling Insurer Parties")and the Owner Parties defined in Section 1 below(hereinafter"Settling Owner Parties"), on the other hand. RECITALS A. Settling Owner Parties purchased or acquired what they believed to be lawful condominiums in multi-unit residential projects located in the City of Huntington Beach. B. Settling Insurer Parties issued policies of title insurance in connection with the sale of the units to Settling Owner Parties. C. City contends that the units in question were not lawfully converted to condominiums, as the converters failed to obtain the necessary discretionary entitlements from City authorizing conversions and because the purported conversions failed to satisfy City's zoning standards; and, City has indicated its intention to require that the units either revert to rental apartments, or that the Settling Owner Parties acquire, if possible under applicable standards, all required permits to legalize the conversions. There exists a dispute between the parties as to the legal status of the subject units specifically identified and incorporated by reference into this Agreement, creating uncertainty for the Settling Owner Parties and the potential for complex litigation. Said claims,contentions and resulting disputes shall hereinafter be referred to as"the Conversion Legality Disputes." D. Further, Settling Owner Parties have claims against the City regarding the fees and restrictions which the City has imposed, or seeks to impose,against the Settling Owner -Parties and the units acquired by the Settling Owner Parties under condominium conversion ordinances enacted by the City. Said claims,contentions and resulting disputes shall hereinafter be referred to as "the "Conversion Correction Disputes" E. After a considerable amount of negotiation and consideration of the time, expense and uncertainty of litigation,the parties have decided to settle and compromise their differences regarding the Conversion Legality Disputes and the Conversion Correction Disputes in the manner prescribed by and set forth hereunder in this Agreement. NOW THEREFORE,in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby stipulated by and between the parties hereto that all claims, contentions, allegations, causes of action,possible causes of action and i demands which are specifically related to the above-described matters are to be compromised and settled, without any admission of liability or concession by any party that the contentions of other parties are correct, on the following terms: 1. Parties. The parties to this Agreement(hereinafter"parties")are: (a) The City of Huntington Beach, a California municipal corporation. (b) Settling Owner Parties as are enumerated in Exhibit A,attached hereto and incorporated herein by reference, who hereby represent and warrant that they purchased and currently are purported owners of units in projects in which at least one unit was conveyed by a deed to a retail buyer prior to June 1, 2004 and which are listed along with their names in Exhibit A(hereinafter the"Units"). (c) Settling Insurer Parties as are enumerated in Exhibit B attached hereto and incorporated herein by reference, as regards those Units for which they and each of them issued policies of title insurance and for which coverage is afforded under said policies to said Owner Parties (said units hereinafter the"Insured Units"). 2. Master Conditional Use Permit/Validi1y of Agreement. (a) City agrees to acknowledge the conversion of the Units to condominiums upon approval of a Master Conditional Use Permit(hereinafter"MCUP"). Settling Insurer Parties and Settling Owner Parties shall prepare and file a complete application for a MCUP on a form designated by City. Subject to submittal of a complete application and execution and delivery to City of this Agreement by Settling Insurer Parties and Settling Owner Parties prior thereto,the City Council shall consider and take action on Settling Parties' application for the MCUP not later than November 29, 2004. The parties agree that the term "MCUP"as used herein shall include the application for the MCUP for as many units for which Settling Owner Parties have executed this agreement by November 29, 2004. The parties hereby agree that additional applications for MCUPs may be submitted by unit owners and/or insurers with respect to units within projects in which at least one unit was sold to a retail buyer prior to June 1, 2004 not included in Exhibit A consistent with the terms set forth below. (b) This Agreement shall be in full force and effect and enforceable as to its terms if the City Council approves the MCUP providing for lawful conversion of the Units to condominiums consistent with the express and specific terms and conditions set forth in this Agreement. (c) If the City Council in its reasonable discretion fails or declines to approve the MCUP, or approves the MCUP with conditions that are inconsistent with those set forth in this Agreement,then this Agreement shall be null and void and of no force and effect. In that event,the parties each reserve all of their rights and remedies as against each other. (d) Nothing in this Agreement shall limit the City Council's discretion 2 71 to take whatever action on the MCUP application it deems appropriate. Likewise,the exercise of discretion by the City Council in taking whatever action on the MCUP application it deems appropriate does not bind or commit the parties hereto, if such exercise of discretion results in conditions inconsistent with the conditions which are specific to triggering the enforceability of this Agreement. (e) The term"complete application"for purposes of this Agreement shall mean receipt by the City of the following: (i) Site Plans; (ii)Photos (iii) Mailing labels of unit owners and or tenants (iv)Narrative (v)Letter(s)of Authorization from Property Owners If these items are included in the application, the City agrees that the application will be deemed a complete application. (f) Upon approval by the City Council of the MCUP and upon payment of the in-lieu fees provided for in Paragraph 4 herein, the Units will be deemed legal condominiums. 3. Conversion terms. (a) The MCUP shall govern the conversion of the Units to condominiums and shall be consistent with the following terms and conditions and no conditions shall be imposed for purposes of final approval of the MCUP other than the following: (i) The Owner Parties will be identified in the MCUP by their names and street addresses of their respective Units; (ii) Roofing, siding,doors, windows,paint,walkways, parking areas and landscape of the Units shall be found in good condition and repair; (iii) Any construction performed without permits and any condition in violation of City's Municipal Code (hereinafter "HBMC") shall be remedied; (iv) City will require and Owner Parties shall permit physical inspection by the City of the Units pursuant to HBMC Section .235.08.A to assure compliance with Minimum Construction Standards and 3 minimum requirements of the Housing Code and Owner Parties agree to remedy any conditions not so compliant. Said requirements are as follows: Minimum Construction Standards: (1) For all structures built prior to February 1, 1985, draft stops shall be installed in attics to create horizontal areas that are 3,000 square feet or less. For all structures built after February 1, 1985, draft stops shall be in attics above and in line with the walls separating individual units. (2) Each unit shall have access to the electrical branch circuits that serve the unit. (3) Smoke detectors shall be installed and operating. All existing hard-wired units shall be in working order and the remaining detectors shall be located per currently adopted code and may be battery or hard-wired operated. (4) Ground Fault Circuit Interrupter(GFCI)protection shall be provided where required by the currently adopted electrical code. Minimum.Housing Code Requirements: (1) All structures,including main buildings, accessory structures, fencing and landscaping are maintained in a clean and safe manner. (2) The electrical, mechanical and plumbing systems are maintained in a workable and safe manner. City shall carry out these inspections within 45 days after approval of the MCUP by the City Council. City may charge and Owners shall pay an inspection fee of not more than$120 per project(including one follow-up visit to confirm compliance), and a re-inspection fee(if re-inspection is required because access to all Units is unavailable at the first inspection) at the hourly rate of$59.04 per hour. (v) Owner Parties shall prepare and submit for approval by the City Attorney a set of Conditions, Covenants&Restrictions (hereinafter"CC&Rs") consistent with HBMC Section 235.06.13 and 4 containing a map prepared by a licensed surveyor or engineer and suitable for recording that depicts the air space and common areas of the building in which the Units are located. (b) City agrees to waive the following: (i) Submittal of as-built floor plans. (ii) Submittal of parcel maps. (iii) Restoration and refurbishment pursuant to HBMC Section 235.08.C. (iv) Landscape and parking requirements of HBMC Section 235.08.B. (v) Affordable housing requirements,except as provided in this Agreement. (vi) Application fee ordinarily required for processing of a conditional use permit(limited to the Units, as are enumerated in Exhibit A). (c) Settling Insurer Parties and Settling Owner Parties agree that City shall retain the conditional use permit application fees paid by Settling Parties prior to the date of this Agreement. (d) Settling Insurer Parties shall pay all required public hearing notification costs in connection with the public hearing on the MCUP. (e) Upon satisfaction of the conditions as set forth in the MCUP, and payment of the fees as set forth in Paragraph 4 below,the City shall within sixty(60)days issue a letter of zoning and building compliance for each compliant Unit for no additional fee or charge. 4. PWnent of Inclusionaryy In-Lieu Fee. Settling Insurer Parties shall pay to City an in-lieu inclusionary housing fee in the amount of$10,000 per Insured Unit, said amount to be allocated among the Settling Insurer Parties as set forth in Exhibit C attached hereto and incorporated herein by reference. Payment shall be made by cashiers check or check drawn on the account of one or more of the Settling Insurer Parties payable to the City of Huntington Beach within twenty(20)days of approval of the MCUP.Notwithstanding payment of the in- lieu fee by Settling Insurer Parties, the issues of coverage shall be reserved as between the Settling Insurer Parties and Settling Owner Parties and any such payment by the Settling Insurer Parties shall not be deemed a waiver of the terms and conditions of the title insurance policies.. 5 Owner Parties who are uninsured shall pay to City an in-lieu fee in the amount of $10,000 per uninsured Unit. Payment shall be made by check payable to the City of Huntington Beach within twenty(20) days of approval of the MCUP. Owner Parties of uninsured units may, in the alternative, execute for recordation against title a promissory note and deed of trust in favor of City,the forms of which are attached as Exhibits D and E and incorporated herein by reference, in the amount of$10,000,or in the amount of the difference between$10,000 and the amount paid in cash. The promissory note and deed of trust will not be recorded until after the City Council's approval of the MCUP. Settling Insurer Parties and Settling Owner Parties who have submitted this Agreement by November 29, 2004 who fail to either pay the in-lieu fee or,in the case of a Settling Owner Party that is not insured, execute the promissory note and deed of trust on or before 5:00 p.m. on November 29, 2004 shall be excluded from participation in this Agreement and the MCUP. Payment of the fee by Settling Insurer Parties or Settling Owner Parties who are uninsured for the Insured Units, or the execution of the promissory note and deed of trust by the Owner Parties who are uninsured, shall be a prerequisite to validity of the MCUP. The amount of the in-lieu fee provided for herein reflects the settlement of a disputed claim, and has no bearing on City's generally applicable inclusionary fees. 5. Subsequent Agreements It is expressly understood and agreed by Settling Insurer Parties and the City that the Insurer Parties which will be executing this Agreement are executing this Agreement, notwithstanding the fact that they may or may not have units which(i)are included in the application for the MCUP to be considered by the City Council for approval on November 29, 2004 and(ii) whose insureds under policies issued by the Settling Insurer Parties are Settling Owner Parties who have executed or are executing this Agreement. The Settling Insurer Parties and the City acknowledge that there are units which otherwise qualify for inclusion in the MCUP application but whose unit owners have not executed this Agreement. This has the effect of preventing owners of other such qualifying units from participating in this Agreement because the MCUP application requires the cooperation and participation of all units from a specific project address. Therefore,one or more of the Settling Insurer Parties which sign this Agreement, or a title insurance company, licensed and authorized to issue title insurance in California under applicable California law,who has not yet been contacted by an owner of a similarly situated unit who is also an insured under a title insurance policy, shall not be prevented or precluded from executing subsequent agreements in the future in connection with applications for further MCUPs as contemplated by this Agreement where other similarly situated unit owners who are insureds under title insurance policies issued by one or more of the Settling Insurer Parties or a title insurance company not yet contacted have units included in subsequent MCUP applications and execute future Agreements. Upon request of one of the Settling Insurer Parties or a title insurance company whose insureds own units which would otherwise qualify for the application for the MCUP 6 contemplated by this Agreement, the City shall enter into a settlement agreement seeking issuance of conditional use permits for conversion of units similarly situated to the Units but which are not included in this Agreement,provided that if such conversions are allowed on more favorable terms to the unit owners than those provided herein,the Settling Insurer Parties and the Settling Owner Parties shall be accorded the benefit of those more favorable terms. It is understood and agreed that the first subsequent application for an MCUP by one or more of the Settling Insurers shall not be charged an application fee,however, any subsequent applications for MCUPs shall require the payment of a new application fee of$3,502.00. The Settling Insurer Parties agree to apply for MCUPs and to execute subsequent settlement agreements containing the same or better terms as this Agreement for the benefit of insured unit owners for whom coverage is afforded and who for the reasons described above are not parties to this Agreement. 6. Mutual Release. Except for the obligations set forth in this Agreement, Settling Insurer Parties and Settling Owner Parties forever release,discharge and acquit the City (and its City Council and the members thereof, and its officers, employees and agents to the extent acting within the course and scope of their official duties on behalf of the City), from any and all sums of money, claims, contentions, allegations, demands, accounts, actions and causes of action whatsoever heretofore arising or now existing by virtue of any matter, fact,transaction or occurrence whatsoever, whether known or unknown, suspected or unsuspected,relating specifically to the Conversion Legality Disputes and the Conversion Correction Disputes. Except for the obligations set forth in this Agreement, City forever releases, discharges and acquits the Settling Insurer Parties and the Settling Owner Parties who execute this Agreement,their officers,employees and agents, from any and all sums of money,claims, contentions, allegations, demands, accounts, actions and causes of action whatsoever heretofore arising or now existing by virtue of any matter, fact, transaction or occurrence whatsoever, whether known or unknown, suspected or unsuspected,relating specifically to the Conversion Legality Disputes and the Conversion Correction Disputes. It is understood and agreed that the foregoing releases extend to all claims of every nature and kind whatsoever,known or unknown, suspected or unsuspected with specific reference to those matters addressed in this Agreement, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Said section reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." It is understood that and it is the express intent and understanding of the parties that this mutual release shall extend and shall be construed broadly so as to cover and release and discharge the parties from all claims or matters of any kind which may be related to the Conversion Legality Disputes and the Conversion Correction Disputes. It is the intent of the 7 parties that this Agreement resolve and establish with certainty the legal status of the Units as condominiums and to extinguish all causes of action as between the City and the Settling Parties in that regard. The Settling Insurer Parties and the Settling Owner Parties warrant and represent that they have not filed any legal action, suit or proceeding of any kind against City in any administrative or judicial tribunal in regard to the matters described in this Agreement. City warrants and represents that it has not filed any legal action, suit or proceeding of any kind against the Settling Insurer Parties and Settling Owner Parties in any administrative or judicial tribunal in regard to the matters described in this Agreement. This Agreement is a bar to any such action or proceeding, and may be pled as a full and complete defense to any such action or proceeding as well as a basis for abatement of, or injunction against, such action or other proceeding. Nothing herein shall constitute a release of claims as between the Settling Insurer Parties and the Settling Owner Parties. 7. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the officers,agents, employees, consultants, independent contractors, heirs, successors, assigns and deiegees of the parties herein. Any such assignee or delegee shall be fully bound by each and every applicable term and condition of this Agreement as though a signatory thereto. The existence of this Agreement shall be disclosed to all successors in interest of the Owner Parties. 8. Deny Liability. It is understood and agreed that this settlement is the compromise of doubtful and disputed claims, and that the terms and conditions recited hereinabove are not to be construed as an admission of liability on the part of the parties hereby released, and that said parties deny liability therefor and intend merely to avoid litigation. 9. Entire Agreement. It is understood and agreed that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Agreement contains the entire agreement between the parties hereto with reference solely to the matters herein addressed. 10. Advice of Counsel. Each party has, prior to the execution of this Agreement, had an opportunity to seek the benefit and advice of independent legal counsel of its own selection regarding the substance of this Agreement, and the claims released herein. All parties hereby execute this settlement and release voluntarily with full knowledge of its significance, and with the express intention of effecting the extinguishment of any and all obligations and claims arising out of or in any way connected with the matters herein addressed. 11. Int_pr retation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter,but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts. The rights and obligations of the parties hereto 8 shall be construed and enforced in accordance with, and governed by,the laws of the State of California, without regard to choice of law rules. 12. Authority. The persons so signing this Agreement hereby warrant that they have full authority to sign this Agreement on behalf of the respective parties on whose behalf they sign, as well as their officers, agents,employees, consultants and independent contractors. Owner Parties represent and warrant that they have exclusive right,title and interest to and in the Units ascribed to each of them in Exhibit A. The parties, and each of them, represent and warrant that they are the sole owners of the claims released herein and that such claims have not been expressly or impliedly assigned,transferred, and/or subrogated to any other person or entity. 13. Attorney fees and costs. The parties shall each bear their own costs and attorneys'fees incurred in connection with this dispute, including but not limited to those incurred in the discussions leading to and the negotiation, execution and implementation of this Agreement. 14. Reasonable efforts. The parties shall take such steps as are reasonably necessary to effectuate the purposes of this agreement. Each party shall perform any further acts and execute and deliver any further documents that may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement. In the event of a final judgment of a court of competent jurisdiction invalidating this Agreement and/or the MCUP, the parties shall exercise all reasonable efforts to cure the defect that serves as the basis for the invalidation and implement this Agreement. If the defect cannot be cured by further action of the parties,then City shall refund the in-lieu fees paid pursuant hereto and release the promissory notes and deeds of trust recorded pursuant hereto; in such event, this Agreement shall automatically terminate and the parties' returned to their respective legal positions immediately prior to execution hereof. 15. Counten2arts. This Agreement may be executed in any number of counterparts, each of which may be deemed an original and all of which shall constitute a single document. Signatures provided by facsimile shall be equal to original or"wet ink"signatures. 16. Miscellaneous. (a) Each party to this Agreement has made such investigation of the facts pertaining to the settlement and this Agreement, and all of the matters pertaining thereto, as it deems necessary. (b) Each party has read this agreement and understands the contents of this Agreement. (c) Each term of this Agreement is contractual and not merely a recital. (d) Each party is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the matters 9 described herein. It is the intention of the parties to fully, finally and forever settle and release all such matters and all claims relative thereto,which do now exist,may or could exist,or heretofore have existed between them. (e) The parties hereto and each of them further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign same freely and voluntarily. (f) Except as expressly provided herein, nothing herein shall constitute a waiver by City of application and enforcement of the provisions of the Huntington Beach Municipal Code. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by each of them and/or by their respective and duly authorized representatives on the date set forth below. Dated: CITY OF HUNTINGTON BEACH By: JENNIFER MCGRATH CITY ATTORNEY SIGNATURES OF SETTLING INSURER PARTIES: Dated: STEWART TITLE GUARANTY COMPANY By: TI Dated: FIRST AM CAN TITLE INSURANCE COMPANY Q By: TITLE 10 I Dated: UNITED TITLE INSURANCE COMPANY By: TITLE Dated: COMMONWEALTH LAND TITLE INSURANCE COMPANY By: TLE Dated: FIDE L NATIONAL TITLE INSURANCE COMP By: TITLE Dated: CHICAGO TITLE INS NCE COMPANY By: TITLE SIGNATURES OF SETTLING OWNER PARTIES: 11 APPROVED AS TO FORM: City Attorney City of Huntington Beach V� Je c rath, Esq. Law Offices of David Boss T- v AL'` id G. Boss, Esq. Attorneys for Insurer Parties McGrath, Esq. 12