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HomeMy WebLinkAboutFinal Tract Map No 15469 - Portion of Tentative Tract Map No RECEIVED BYi CITY CLERK RECEIPT COPY�j �i ���//'Al- Return DUPLICATE to (Name) r ( after signing/dating (Date) �,me CITY OF HUNTINGTON ,ACH INTERDEPARTMENTAL COMMUNICATION f� TO Shari Freidenrich Crty Treasurer FROM r V A r N l S DATE SUBJECT Bond Acceptance I have received the bonds for —cc"re- ZQ S r �J G v �, �re (Company Name) Faithful Performance Bond No 9 Labor and Material Bond No _9 A9 t Lf Monument Bond No Maintenance Bond No Cl �L C1 Re Tract No e' CC No MSC No Approved Agenda Item No (Council Approval Date) City Clerk Vault No g!ah/bondietter doc �AM City of Huntington Beach P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER May 21 2003 CERTIFIED MAIL National Fire Insurance Company of Hartford CNA Plaza 333 S Wabash Chicago IL 60685 To Whom it May Concern This is to inform you the City Council of the City of Huntington Beach on May 5, 2003 approved the release of the following bond(s) Tract # 15469 Faithfiil Performance No 929128422 Labor & Material Bond No 929128422 Monument Bond No 929128423 We are releasing the bonds and have enclosed the original bonds for your files Also enclosed is a copy of the City Council Action approving the release of the above referenced bonds If you have any questions regarding this matter please contact me at (714) 536-5200 Sincerely Shan L Freidenrich CPA CCMT, CFMA City Treasurer Enclosures cc Catellus Residential Group Inc 5 Paik Plaza, Ste 400 Irvine CA 92714 Robert Beardsley Directoi of Public Works (no attachments) Connie Brockway City Clerk (no attachments) G\Joyce\SHARI\LETTERS\Bond Release LLttcrs\Bond release 15469 doc Date 5/16/03 To City Attorney's Office From City Clerk Re Acceptance of Public Improvements Approved by Council on 5/5/03 Attached is the code section designating the City Engineer to execute Notices of Acceptance of Public Improvements Normally, when another position (in this case, Tom Rulla, Civil Engineer) signs for the City Engineer (Dave Webb) as Acting City Engineer, there is a Resolution to that effect, or it is in the code that the City Engineer or his designee, the civil engineer will sign As this is not the case, a civil engineer is not authorized in code or by resolution, I would like approval from the city attorney's office for the City Clerk to proceed with the recordation of these Acceptance of Public Improvements with the signature of Tom Rulla, as Acting City Engineer (When Dave Webb, City Engineer goes on vacation he leaves word to Tom Rulla that Tom is acting City Engineer ) Just a written note of approval from the city attorney's office on this i equest is suf icient Thank you Connie Biockway City Clerk J� City of Huntington Beach P O Box 190 - 2000 Main Street Huntington Beach California 92648 HUNTINGTON BEACH www ci huntington-beach ca us From the desk of Connie Brockway, CIVIC City Clerk Telephone (714) 536-5404 Fax (714) 374-1557 1 � chapter 255 Improvements Sections 25502 General 25504 Improvements Required 25506 Deferred Improvement Agreements 25508 Design 25510 Access 255 12 Improvement Plans 255 14 Improvement Agreement 255 16 Improvement Security 255 18 Construction and Inspection 25520 Completion of Improvements 25522 Acceptance of Improvements 25502 General The subdivider shall construct all required improvements both on- and off-site, in accordance with standard engineering specifications and other approved standards as provided by this chapter No final map shall be presented to the City Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work 25504 Improvements Required A General All improvements as may be required as conditions of approval of the tentative map or by City ordinance or resolution, together with, but not limited to the required improvements set forth below shall be required of all subdivisions Requirements for construction of on-site and off-site improvements for subdivisions by Parcel Map shall be noted on the parcel map, waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map B Frontage Improvements The frontage of each parcel shall be improved to its ultimate adopted geometric section, including street structural section, curbs sidewalks driveway approaches and transitions C Storm Drainage Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system The storm dram system shall be designed for ultimate development of the watershed The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development Off-site storm drain improvements may be required to satisfy this requirement Chapter 255 255 1 10/3/94 D Sanitary Sewers Each unit or parcel within the subdivision shall be served by an approved sanitary sewer system E Water Supuly Each unit or parcel within the subdivision shall be served by an approved domestic water system F Utilities Each unit or parcel within the subdivision shall be served by gas (if required) electric, telephone and cablevision facilities G Underground Utilities 1 All proposed utilities within the subdivision and along frontage streets shall be placed underground consistent with Chapter 17 64 of the Huntington Beach Municipal Code Existing utilities within the subdivision shall be placed underground unless specifically exempted by Public Utilities Commission regulations 2 The developer may request that the Planning Commission, or the Zoning Administrator, as the case may be, waive the requirement to underground existing or proposed utilities along frontage streets The Planning Commission or Zoning Adnunistrator may, at its discretion require a fee in lieu of the undergroundmg If the undergroundmg requirement along frontage streets is waives' the City Engineer may require the developer to install a service panel or otl r acceptable 1 J facility to facilitate conversion to underground utilities at a future date The amount of fee shall be determined by the City Engineer and shall be based upon the reasonable estimated cost of that portion of a future undergroundmg project attributable to the subdivision The requirement for undergroundmg or payment of an in-heu fee and shall be a condition of approval of the tentative map 3 Requirements to place existing and proposed utilities underground throughout the subdivision may be waived or modified by the Planning Commission or Zoning Administrator as the case may be, only upon finding a The subdivision is within an area where existing utilities have not been placed underground, and b Physical constraints make undergroundmg of existing and proposed utilities impractical and c Overhead utilities will have no significant visual impact 4 If the undergroundmg requirement is waived as allowed in subsection 255 04(G)(3) above, an in-heu fee as established by the City Engineer shall be made a condition of approval of the tentative map 5 In-lieu fees shall be deposited to a special account to be used as approved by the (� City Council for future undergroundmg of utilities throughout the City Chapter 255 255 2 10/3/94 • • H Other Improvements Other improvements such as street lights fire hydrants, signs street trees and shrubs, and monuments, or fees in lieu of any of the foregoing shall also be required as determined by the City Engineer in accord with this Code and City standards and specifications I Off-Site Improvements If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, the City shall, within 120 days of recording the final map begin the process of acquiring by negotiation or condemning the land If the City fails to begin this process within 120 days, the condition for the construction shall be waived Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or an interest in the land The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements 25506 Deferred Improvement Agreements A Subdivisions of Four or Fewer Parcels The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the City in form acceptable to the City Engineer and City Attorney for the installation of all frontage improvements at a time in the future as specified by the City The agreement shall provide • 1 Construction of improvements shall commence within 90 days of the receipt of the notice to proceed from the City 2 That in the event of a default by the subdivider and/or owner, operator, the City is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid, 3 That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein The agreement shall also constitute a lien in such amount necessary to fully reimburse the City, including interest as provided above, subject to foreclosure in the event of a default in payment 4 That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorneys' fees, and that the same shall become a part of the lien against the real property Chapter 255 255-3 10/3/94 7/ 5 That the terms "subdivider" and "owner" shall include respectively, not only the subdivider and the present owner of the real property but also heirs successors executors administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act this Code or law The construction of deferred improvements shall conform to the provisions of this Chapter and all applicable provisions of this Title in effect at the time of construction B Remainders Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of the remainder The improvements shall be at the subdivider's expense In the absence of such an agreement the City may require fulfillment of the construction requirements within a reasonable time following approval of the map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of 1 The public health and safety or, 2 The required construction is a necessary prerequisite to the orderly development of the surrounding area 25508 Design A_ General The design and layout of all required improvements, both on- and off-site private and public, shall conform to generally accepted engineering standards standard engineering specifications, the Subdivision Map Act and applicable provisions of this Code B Energy Conservation The design of a subdivision for which a tentative map is required excluding conversions shall provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision For the purpose of this subsection, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic environmental, social and technological factors Compliance with this provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed C Cable Television Service A subdivider for a residential project excluding conversions is required to provide one or more franchised or licensed operators serving the area an opportunity to construct install and maintain, on land dedicated or to be dedicated to public utility use any equipment necessary to extend cable television services to each residential lot in the subdivision Chapter 255 255-4 10/3/94 • • D Water Conservation All applicable requirements of the Regional Water Conservation Plan adopted by the City shall be incorporated into the design of a subdivision for which a tentative map is required, excluding subdivisions 25510 Access All parcels created shall have access to a public street improved to City standards Private streets shall not normally be permitted However, if the Planning Commission or Zoning Admimstrator determines that the most logical development of the land requires that parcels be created with access to private streets, such a development may be approved The subdivider shall submit a development plan showing the alignment width, grade, and material specifications of any proposed private street, the topography and means of access to each parcel, and the drainage and sewerage of the parcels served by such private street Construction of the private street, as approved by the City Engineer, shall be completed prior to the completion of the construction and/or occupancy of the parcels The subdivider shall be required to provide a feasible method for the maitenance of such private streets 25512 Improvement Plans A General Improvement plans shall be prepared under the direction of and signed by a California-registered civil engineer, and shall conform to the standard engineering specifications of the City Improvement plans shall include, but not be limited to, grading, storm drains landscaping, streets and related facilities • B Supplementary Plans and Calculations Hydrology, hydraulic plans and calculations bond or other security estimates and any structural calculations, as may be required, shall be submitted with the improvement plans to the City Engineer All calculations shall be legible, systematic and signed and dated by a California-registered civil engineer in a form approved by the City Engineer C Review by the City Engineer The subdivider shall submit the improvement plans and all computations to the City Engineer for review Within 60 working days of submittal the City Engineer shall complete this review and return to the subdivider one set of the preliminary improvement plans, with any required revisions indicated The 60-working- day period shall not include any days during which the improvement plan has been returned to the subdivider for correction has been subject to review by other than the City Engineer, or following that review, has been returned to the subdivider for correction D Approval by the City Engineer After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the City Engineer for signature and retention Upon finding that any required revisions have been made and that the plans conform to all applicable City ordinances and plans design requirements and conditions of approval of the tentative map, the City Engineer shall sign and date the plans Approval of the improvement plans shall not be construed as approval of the gas electric, telephone and cable television service construction plans Chapter 255 255 5 10/3/94 Approval by the City Engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map E Revision to Approved Plans 1 By Subdivider Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision If the revision is acceptable to the City Engineer and consistent with the tentative map the originals shall be revised and returned to the City Engineer's office for initialing and retention Construction of any proposed revision will not be permitted to commence until the revised plans have been approved by the City Engineer 2 By City Engineer When revisions are deemed necessary by the City Engineer to protect the public health and safety, or as field conditions may require a request in writing shall be made to the subdivider The subdivider shall revise the plans and transmit the originals to the City Engineer for initialing within the time specified by the City Engineer Upon receipt of the initialized originals, the subdivider shall immediately transmit revised drawings to the City Engineer Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted ` J The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within seven working days following receipt of the request to revise the plans 3 Plan Checking and Inspection Costs for Revisions Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider in accord with the schedule of fees adopted by the City A deposit, when required shall be submitted with the revised plans and applied toward the actual costs 25514 Improvement Agreement The improvement agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney The agreement shall provide for A Construction of all improvements including any required off-site improvements according to the approved plans and specifications on file with the City Engineer B Completion of improvements within the time specified by Section 255 20 C Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties Chapter235 255-6 10/3/94 • • D Payment of inspection fees in accordance with the City's resolution E Payment of in-lieu fees for undergrounding of utilities on frontage streets F Improvement security as required by this chapter G Maintenance and repair of any defects or failures and their causes H Release and indemnification of the City from all liability incurred in connection with the development and payment of all reasonable attorneys' fees that the City may incur because of any legal action or other proceeding ansing from the development I Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer J Right of the City to withhold occupancy permits until completion of improvements K Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code 25516 Improvement Security A General Any improvement agreement, contract or act required or authorized by the • • Subdivision Map Act or this Chapter, for which security is required, shall be secured in accord with Section 66499 et seq of the Subdivision Map Act and as provided below No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved B Form of Security The form of security shall be one or a combination of the following at the option and subject to the approval of the City 1 Bond or bonds by one or more duly authorized corporate sureties The form of the bond or bonds shall be in accordance with Sections 66499 1 and 66499 2 of the Subdivision Map Act 2 A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies 3 An irrevocable instrument of credit or letter of credit from one or more financial institutions regulated by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will only be released upon receipt of written instructions from the City 4 Any other form of security, acceptable to the City as provided in Section 66499 of the Subdivision Map Act • Is Chapter 255 255 7 10/3/94 r C Amount of Secuntv A performance bond or other security in the amount of 100 percent of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions An additional amount of 50 percent of the estimated construction cost shall be required to guarantee payment to subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements As a part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees including attorneys' fees, incurred by the City in enforcing the obligations secured The estimate of improvement costs shall be as approved by the City Engineer and shall provide for 1 Not less than 5 percent nor more than 10 percent of the total construction cost for contingencies 2 Increase for projected inflation computed to the estimated midpoint of construction 3 All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation D Cash Bond The subdivider shall deposit with the City not less than $1 000 cash for subdivisions by parcel map, and $3,000 for other subdivisions or an additional amount as required by the City Engineer, not to exceed 1 percent of the total estimated construction cost The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may anse during or after the construction of the subdivision Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released E Warranty SecuntX Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period which shall be the period of one year following completion and acceptance of the improvements The amount of the warranty security shall not be less than 10 percent of the cost of the construction of the improvements including the cash bond which shall be retained for the one-year warranty period F Reduction in Performance Security The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider but in no case shall the security be reduced to less than 10 per,-znt of the total improvement security given for faithful performance The amount of reduction of the security shall be determined by the City Engineer however in no event shall the City Engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act this Title or the improvement agreement Chapter 255 255 8 10/3/94 • • G Release of Improvement Secunty 1 Performance Security The performance security shall be released only upon acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer 2 Material and Labor Secunty Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the City, be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the City Council The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given 3 Warranty Security The warranty security shall be released upon satisfactory completion of the warranty period, provided a All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected b Not less than 12 months have elapsed since the acceptance of the improvements by the City 25518 Construction and Inspection • The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the City Construction shall not commence until all required improvement plans have been approved by the City Engineer All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the City's approved specifications 25520 Completion of Improvements A Subdivisions by Final Map The improvements for subdivisions by Final Map shall be completed by the subdivider within 24 months or a time as approved by the City Engineer, not to exceed 36 months, from the recording of the final map unless an extension is granted by the City Council Improvements shall be completed prior to final building inspection or the issuance of an occupancy permit for any unit within the subdivision Should the subdivider fail to complete the improvements within the specified time, the City may, by resolution of the City Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs B Subdivisions by Parcel Man The completion of improvements for subdivisions by parcel map shall not be required until application for a permit or other grant of approval • for the development of any parcel within the subdivision The completion of the improvements may be required by a specified date by the City when the completion of the improvements are found to be necessary for public health or safety or for the orderly Chapter 255 255 9 10/3/94 (7 development of the surrounding area This finding shall be made by the City Engineer or authorized representative The specified date, when required, shall be stated in the subdivision improvement agreement Improvements shall be completed prior to final building inspection or the issuance of an occupancy permit for any urut within the subdivision C Extensions The completion date may be extended by the City Council, for subdivisions by final map, upon written request by the subdivider and the submittal of adequate evidence to justify the extension The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement The subdivider shall enter into a subdivision improvement agreement extension with the City For subdivisions by final map, the agreement shall be prepared and signed by the City Engineer approved as to form by the City Attorney, executed by the subdivider and surety and transmitted to the City Council for its consideration If approved by the City Council the Mayor shall execute the agreement on behalf of the City In consideration of a subdivision improvement agreement extension, the following may be required 1 Revision of improvement plans to provide for current design and construction standards when required by the City Engineer 2 Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer, 3 Increase of improvement securities in accordance with revised construction estimates, 4 Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund The City Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements The costs incurred by the City in processing the agreement shall be paid by the subdivider 25522 Acceptance of Improvements A General When all improvement deficiencies have been corrected and record drawings of the improvements submitted the subdivision improvements shall be considered by the City for acceptance The completed improvements for subdivisions by final map or subdivisions by parcel map shall be considered and, if acceptable, accepted by the City Engineer Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use Chapter 255 255-10 10/3/94 B Acceptance If the subdivision improvements have been accepted by the City and public improvements have been dedicated on the final map or parcel map the City Clerk shall file an Acceptance of Public Improvements with the County Recorder C Acceptance of a Portion of the Improvements When requested by the subdivider in writing the City may consider acceptance of a portion of the improvements as recommended by the City Engineer The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter • Chapter 255 255 11 10/3/94 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 1� 2003 Tom Daly County Clerk-Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find the Acceptance of Public Improvements to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 We are enclosing a copy of this document to be conformed Please return the conformed copy of the Acceptance of Public Improvements when recorded to this office in the enclosed self-addressed stamped envelope Thank you Connie Brockway CIVIC City Clerk Enclosures 1 Original Agreement 2 Copy to be conformed Re Catellus Residential Group Inc Acceptance of Public Improvements located n/o Warner Avenue w/o Plaza Lane — approved by Council May 5 2003 (Telephone 714536 5227) Zobt•�' 3 e�r�5'�-y - `J�,r��P W Council/Agency Meeting Held. Deferred/Continued to 2��proved ❑ Conditionally Approved ❑ Denied City Clerk s Signa e Council Meeting Date May 5 2003 Department ID Number PW 03-025 ti c CITY OF HUNTINGTON BEACH c REQUEST FOR ACTION J m'� r SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City AdministratorOtz3 PREPARED BY ROBERT F BEARDSLEY Director of Public Works SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 15469 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachments) Statement of Issue Catellus Residential Group Inc the developer of Tract No 15469 located north of Warner Avenue west of Plaza Lane has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act Fundinq Source Not applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 15469 and 2 jRelea—so the Faithf�l> Performance/Labor and Material Bond No -929128422 and onument Bond No-;-929128423 pursuant to California Government Code Section No 66499 7(b), and 3 AcQgpt the Guarantee and Warranty Bond No 929128422 the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City r and 4 Instruct the, t�k to notify the developer Catellus Residential Gip Inc of this action and the City Treasurer to notify the Surety National Fire Insurance Company of Hartford of this action and 5 Instruct the City Clerk-to record the Notice of Acceptance of Public Improvements (attached) with the Or County Recorder Alternative Action(s) Deny the recommended action I • • REQUEST FOR ACTION MEETING DATE May 5, 2003 DEPARTMENT ID NUMBER PW 03-025 Analysis On January 3 2000 the City Council approved Final Map No 15469 and accepted bonds from Catellus Residential Group Inc the securities furnished for faithful performance labor and material and monuments The builder BHC Residential LLC has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to California Government Code Section 66499 79(a) Public improvements constructed consist of the domestic water system and appurtenances within the private streets and the storm drain system and appurtenance within the dedicated easement The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements California Government Code Section 66499 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements The builder has provided Guarantee and Warranty Bond No 929128422 as security Following is a list of project data Subdivider BHC Residential LLC 3090 Bristol Street Suite 200 Costa Mesa CA 92626 Engineer MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92614 Title Co First American Title Insurance Co 114E 5ih Street Santa Ana CA 92702 Surety National Fire Insurance Company of Hartford CNA Plaza 333 S Wabash Chicago IL 60685 Location North of Warner Avenue west of Plaza Lane Lots 88 numbered lots 9 lettered lots Acreage 9 946 Acres Zone Meadowlark Specific Plan Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Cal Admin Code, Title 14, Chapter 3, Section 15268(b) Attachments) City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No 929128422 3 Acceptance of Public Improvement Form RCA Author J Claudio 03 025 May 5 Claudio(Tr 15469 Bond Release) 2 4/15/2003 2 25 PM ATTACHMENT 1 LOCATION MAP TRACT 15469 LANEHEIL AVE 171 U U O U 2 ; g a O N w PROWL-CT2000 WE 14 WARNER AYE w a SLATER AVE tl K;F 1 i1f- NTS ATTACHMENT 2 • ODNO 929128422 PREMIUM included in performance bond GUARANTEE AND WARRANTY BOND WHER94S BHC Residential LLC t99 apunerpal,end National Fire Insurance Company of Hartford a3 corporthonar wa md tinder the fewoof the Stateof Connecticut and duty au,thor=d to do business In lira State of CatlfartriG,as Surety are held and Rrmly bound unto the City ofHuriftlinBeach Caltfomle,esOblljoe lnthepenalsumof_ Eighty Thousand Three Hundred Thirty and no/100---- ($80,330 00) represanbnp 10 Percent of the confind pike entered Inbo between the Nridpel and 0611pee,to which payment w0 and truly to b s made we do bind ourselves and each of our heirs,executors aedminlshators salecettt=and assigns joln0y and loveraRy WHEREAS,the sold prinelpal entered Inlo a canine)vAth card Obllpee,doted November 1999 for work deacrtW as follows Tract 15469 Meadowlark-SummerLane Acorn Drive & Primrose Lane Public Improvements WHEREAS,said conhact ptovldes that the Pdndpal will kmish a bond mndrtfoned to guarantm and warrant for the penod of one yeaor afttir completlon of the work end accaptatrm thereof by the Oblioes aganst ail defects Iri wortvnanship and rrimo v during maid one year period WHEREAS,sold waork has bemn compkled,and accepbad by Oblipe on November 2002 NOW,THEREFORE,the Nndpal fid surety,Jointly aarnd severaRty Shall Indam"the ob%es for all loss(hart me CUpa may sustain by ration of any debdfwe rnaalartala orwoftwiship \) which bcoma appalarlt durng the peafod of one yet fmm and ar date of aompfetbn or work mood p EE-- acoptance thereof by Ot?bQee In wk sa whareof,fttam instrument has been duly executed by the prinrdpat Grid WMIY 4 Q x abave n=qd,on March_19. 2�03 0 A U BHC Residential, LL z r o ,sat!Phflr�lpaaal po.¢ NatioI Fire Insurance Company of Hartford, as Surety B� Posema ie uanill Attorney-in-Fact 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco On March 19, 2003 before me A Anthony, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Rosemarie Guanill NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(sr) Is/are subscribed to the within Instrument and ac- knowledged to me that #e/sheA*er executed the same In -hts/her/-thm authorized capaclty(te7sj, and that by -hts/her/then signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(a) acted, executed the Instrument A ANTHONY COMM 91346410 Cl) WITNESS my ha n and offI I I seal 7 NOTARY PUBLIC CALIFORNIA J) SAN FRANCISCO COUNTY —• My Comm Expires April 10 200b SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond #929128422 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance SIGNER(S)OTHER THAN NAMED ABOVE Company of Hartford 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents That Continental Casualty Company an Illinois corporation National Fire Insurance Company of Hartford a Connecticut corporation and American Casualty Company of Reading Pennsylvania a Pennsylvania corporation(herein called the CNA Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signatures and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Mark M Munekawa Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature —In Unlimited Amounts— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given is hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Law and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 14th day of May 2002 G'.sw�T INSUR4 o, Continental Casualty Company �k Ws+Po'urE ` o9ratat�o National Fire Insurance Company of Hartford > a S wLY 11 American Casualty Company of Reading Pennsylvania �U SEAL 1897 � NAPr1�� • � _�(Ma� �� Michael Gengler Group Vice President State of Illinois County of Cook ss On this 14th day of May 2002 before me personally came Michael Gengler to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of Continental Casualty Company an Illinois corporation National Fire Insurance Company of Hartford a Connecticut corporation and Amencan Casualty Company of Reading Pennsylvania a Pennsylvania corporation described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations "OFFICIAL SEAL' s DIANE FAULKNER Notary Public State of Illinois �Q� My Commission Expires 9/17/05 VCLj My Commission Expires September 17 2005 Diane Faulkner Notary Public CERTIFICATE Mary A Ribikawskis Assistant Secretary of Continental Casualty Company an Illinois corporation National Fire Insurance Company of Hartford a Connecticut corporation and American Casualty Company of Reading Pennsylvania a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 19th day of March 2003 GAS 114SUR4 a� Continental Casualty Company oonPowvE far` p National Fire Insurance Company of Hartford F �� American Casualty Company of Reading Pennsylvania IULY 11 v SEAL �c � � < ISG2 1897 kaa�°� • Mary A Ribikawskis Assistant Secretary (Rev 10/11/01) NOTICE In accordance with the Terrorism Risk Insurance Act of 2002 we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer Western Surety Company Universal Surety of America Surety Bonding Company of America Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading PA The Firemen's Insurance Company of Newark NJ and The Continental Insurance Company DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0 00) DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible Fo m F7310 0 ! CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT f ( S1ate of Caliromra ( Count/of 0 rare o, e_ ss On M1l,IrA- o7-O T. Z61D3 before-e -zj ka, �-ualA t t�o-4a. rU Pelf ( o" / 4—, o r ( ; an -4amy T aue� ( perscrail/ appeared ( g::e-ana(I/ known to me ( C ,r-led to me an the bass of sadsfac cry � e ttce-ce ( to -e he personN Nhose nameNQra-�- s,c_,-iced to the within instrument and ( ZILI(A AYALA act cNledged to me spagAey exec-ed ( Commission 0135OW the same in his authanzed f Notary Public California caps ty�s) and that b/ hr hei:'11=-:�;. ( orange CountY s gra-reN on the instrument the persorN or MY ^ Expires Jun 4 2006 tie -minty upon behalf of Nrncn the perscr'(� ( ac-c eYecuted the instrument ( V^, / hand c al seal ( f OPTIONAL Thougn re ntcrmaoen below s not mqu red by law t ay pre a alua-e t ersens rely nq on Me document and could pre ert fraudulent reme al and-em=cement el r1s-c:— a another doc iment_ l Description of Attached Document Tide or Type of Document C u GlY e IICCy -B>DVU (77#1 R.)-9 Document Date 1"l �" l� }a-b b 3 Number of Pages Sigrerjs) Otter Than Named Above IV �- ( Capacity(ies) Claimed by Signer Signer's dame ❑ Individual Top or mume ere ( ❑ Corporate Officer —Title(s) Partrer—❑ l-imited ❑ General t ❑ ACcme/ in Fact Trus ee C Guarciar or Conservator C Otter ( Signe Is Representing l .=.C,.—v.,���c.=...— —4..�.�.�v..=.+�..—+G.�a.�='�.z..�C._ w�4=�4—r.._.�.�—c.�G.=•.,=c.`t..�v.�-n..-c._c.=1.�-c,�`U�.K..� 4 999 anal 14atvy •••• 9350❑ WA P a 9 Q2 --Iacv.or^t -A 3 212 W2 PMXL 4 9U Realtle C" ad-- dU0d76-od2' Company Profile S • Page 1 of 2 am Cal"rn,a Department of Company Profile nsu mnce AMERICAN MOTORISTS INSURANCE COMPANY 1 KEMPER DRIVE LONG GROVE, IL 60049-0001 800-833-0355 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process Reference Information NAIC # 22918 NAIC Group # 0108 California Company ID # 0860-7 Date authorized in California July 08, 1926 License Status UNLIMITED-NORMAL Company Type Property & Casualty State of Domicile ILLINOIS Lines of Insurance Authorized to Transact The company is authorized to transact business within these Imes of insurance For an explanation of any of these terms, please refer to the glossary AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS htto //www4 insurance ca gov/wu/idb_co_prof utl get_co�rof'�p_EID=3028 8/7/2002 ATTACHMENT 3 Rei-oiding requested by and when recorded rclurn to Recorded in Official Records County of Orange Connie Brockway City Clerk Tom Daly Clerk Recorder Office of the City c,►er k � I IIIII IIIII Illil IIIII IIIL'IIII!Ilh IIIII IIIII III'.lilll illi!IIIII NO F�E� CITY OF HUNTINGTON BEACH P O Box 190-2000 Main Str,,et 2003000614126 08 26am 05/28103 Huntington Beach Ca 92648 110 /9 A04 1 000 000 000 000 000 000 000 000 - � L (Space above this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS -� (Huntington Beach Zoninb and Subdii ision Orchnancc Section 255 22) PLEASE TAKE NOTICE THAT on April 14 2003, the City Engineer considered the subdivision improvements described below and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No 15469 Public improvements constructed consist of the domestic water system and appurtenances within the private streets and the storm drain system and appurtenance within the dedicated easement The Foregoing instrument is the City Clerk s Oiiginal Document Reflecting City Council Action Taken at the May 5`i' 2003 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest � G�L �Y 20o3 City Clerk and Ex officio Clerk of the City Council Of the City of Huntengton Beach California By Deputy This document is solely for the official business of the City of Huntington.,Beach as contem- plated utrider-Government Code CITY O HUNTiN T N BEACH Sec_6103 and should be recorded — - free of ciisarg f -- -- - — -` ` y City Enb eer N H\Bonds\Tract 15469\Tract acceptance form doc i • RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 15469 and Accept the Public Improvements COUNCIL MEETING DATE May 5, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached 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 Clty Attomeyj Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds If applicable Attached Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial a,7 City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author J Claudio RECEIVED BY CITY CLERK RECEIPT COPY 1 ( [ Return DUPLICATE to (Na e) J —"� �`�-� � after signing/dating (D te) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shan Freldenrlch City Treasurer ���� � FROM �r V a 71+ I � S 1� DATE D S - 1 1+ -J 3 �/ SUBJECT Bond Acceptance 1 have received the bonds for (Company Name) Faithful Performance Bond No 9 D-°1 1 )L ' &rj�) Labor and Material Bond No Monument Bond No Maintenance Bond No c yf �- Re Tract No t (Cl CC No MSC No Approved 5 - S - 0 ' Agenda Item No (Council Approval Date) City Clerk Vault No -f g,jahlbondletter doc t R E C E I V City Cleric Receipt Copy Return to Jeffrey Hughes U S 2000 (ext 5260) after signing Treasurer's Dept I have received Faithful Performance Bond No 929128422 — National Fire Insurance Company of Hartford Labor and Material Bond No 929128422 — National Fire Insurance Company of Hartford Monument Bond No 92St262-3, National Fire Insurance Company of Hartford 0111 12 b L,Z3 Re Tract 15469—Catellus Residential Group—Approved by Council on 01-03-00 City Clerk Vault File 420 60 Dated By l� � 1 r� C > g/followup/bondletter doc • A •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 6 2000 First American Title Company 114 East Fifth Street Santa Ana CA 92701 Attention Ronald J Gomez 714-558-3211 Re Escrow Pick Up No OR 9738164— Final Tract Map No 15469 No OR-9738166 — Final Tract Map No 15471 No OR-9738167 — Final Tract Map No 15472 No OR 9933699 — Final Tract Map No 15838 The City Clerk s Office has prepared Final Tract Maps Nos 15469 15471 15472 and 15838 to be recorded Your office will be picking up these documents to be recorded with the County Please have a copy of each of the recorded maps returned to Bruce Crosby Public Works Department City of Huntington Beach 2000 Main Street Huntington Beach California 92648 dx,,VZ ow,0 dwv Connie Brockway CIVIC City Clerk CB jh Enclosure Received by Date g flah/escrow pick up doc \/ (Telephone 714-536-5227) CITY OF HUNTING`T'ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNHTTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE 03-03-00 TO Catellus Residential Group ATTENTION Name 5 Park Plaza, Suite 400 DEPARTMENT Street Irvine, CA 92714 REGARDING Tracts 15469 & 15471 City State Zip Meadowlark See Attached Action Agenda Item r 7 Date of Approval 1-3-0 0 ,Y Enclosed-For-Your-Records Is M Executed Copy Of The Above-Referenced Agenda Item d�VOZ6 Remarl�s Connie Brockway City Clerk Attachments Action Agenda Page X Agreement x Bonds x Insurance x RCA Deed Other CC Zelefsky Planning x x x bonds Name Department RCA Agreement Insurance Other Ramos Planning x x x bonds Name Department RCA Agreement Insurance Other Freidenrich Treasurer bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C Mendoza x Risk Management Dept_ Insurance G Followup/Letters/coverltr (Telephone 714-536 5227) (8) 01/03/2000 Counci gency Agenda - Page 8 E 7 (City Council) Approve Final Tract Maps Nos of Tentative Tract Maps (Tracts 15469, 15471 Catellus Residential Group) (Tract 15472 W L Homes, LLC) (Tract 15838 William Lyon Homes, Inc ) with Bonds and Agreements (Meadowlark) —600 North and East of the Intersection of Bolsa Chica Street & Warner Avenue, s/o Heil — Approve Subdivision Agreements (420 60) 1 Approve Final Tract Map Nos 15469 15471 15472 and 15838 and accept the offer of dedication improvements and bonds pursuant to findings and requirements (Attachment No 1) to the Request for Council Action dated January 3 2000 2 Approve the Subdivision Agreements between the City and Catellus Residential Group (Tracts 15469 and 15471) W L Homes LLC (Tract 15472) and William Lyon Homes Inc (Tract 15838) and authorize execution by the Mayor and City Clerk Findings for Acceptance of Final Map 1 Final Tract Map Nos 15469 15471 15472 and 15838 are in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15469 Conditions of Approval as approved by the City Council Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer (Attachment No 6) (National Fire Insurance Company of Hartford) Final Map No 15469 Faithful Performance Bond No 929128422 Labor and Material Bond No 929128422 Monument Bond No 929128423 (National Fire Insurance Company of Hartford) Final Map No 15471 Faithful Performance Bond No 929128420 Labor and Material Bond No 929128420 Monument Bond No 929128421 (Seabord Surety Company) Final Map No 15472 Faithful Performance Bond No 392484 Labor and Material Bond No 392484 Monument Bond No 392485 (American Motorists Insurance Company) Final Map No 15838 Faithful Performance Bond No 3SM 960 182 00 Labor and Material Bond No 3SM 960 182 00 Monument Bond No 3SM 960 183 00 3 Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer drainage engineering and inspections shall be provided b A Certificate of Insurance shall be submitted c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d An approved Subdivision Agreement shall be submitted (Attachment No 5) a Payment of Park and Recreation In-Lieu Fees f The City Attorney approves the CC&R s for the project Submitted by the Director of Planning [Approved 6-1 (Sullivan No)] NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE �'' 00 FROM COMMUNITY DEVELOPMENT Howard Zelefsky 1 l -1 Z. 15 83� TRACT NO I'� Loeh / (S y' 1 15� ' I PARCEL MAP NO C�tr,7 YVf --� NO 1 94a0) PARK AND RECREATION FEES PAID MYES S 1► ���o00 ❑ NO OTHER -�ZA—. ( (/ for Hove and Zelefsky Plammng Director '�• red CIA OF HUNTINGTO BEACH INTERDEPARTMENTAL COMMUNICATION TO Janelle Case Deputy City Clerk FROM Bruce P Crosby Civil Engineer Assistant SUBJECT Tract No 15469 (Authorization to Record) DATE January 11 2000 Please release subject tract to the Title Company for recordation All requirements have been met per the Subdivision Map Act TITLE CO First American Title Insurance Co TITLE OFFICER Ronald Gomez ORDER NO OR-9738164 LOCATION N/O Warner E/O Bolsa Chica PHONE NO (714) 558 3211 Bruce P Crosby 37039 TR 15469 auth to record 3 3) "% Council/Agency Meeting Held / `� Smote ao`ks 7Ap rred/Continued to pro ed o itionally roved ❑ Denied it lerk s Signature Council Meeting Date January 3 2000 Department ID Number PL 00-02 5 CITY OF HUNTINGTON BEACH =- REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS I _ SUBMITTED BY RAY SILVER City Administrator PREPARED BY HOWARD ZELEFSKY Planning Director/A --4z..."-� SUBJECT APPROVE FINAL TRACT MAP NOS 15469, 15471, 15472, AND 15838 OF TENTATIVE TRACT MAP NO 15469, WITH BONDS AND AGREEMENTS (Meadowlark) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map Nos 15469 15471 15472 and 15838 (Meadowlark Development) located six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue are being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to 1 Approve Final Tract Map Nos 15469 15471 15472 and 15838 and accept the offer of dedication improvements and bonds pursuant to findings and requirements (Attachment No 1) and 2 Approve the Subdivision Agreement between the City and Catellus Residential Group (Tracts 15469 and 15471) W L Homes LLC (Tract 15472) and William Lyon Homes Inc (Tract 15838) and authorize execution by the Mayor and City Clerk Alternative Action(s) The City Council may make the following motion "Deny Final Tract Map Nos 15469 15471 15472 and 15838 and reject the offer of dedication improvements and bonds ' R QUEST FOR COUNCIL AM IN MEETING DATE January 3, 2000 DEPARTMENT ID NUMBER PL. 00-02 Analysis A PROJECT PROPOSAL SUBDIVIDER Tracts 15469 and 15471 Catellus Residential Group 5 Park Plaza Suite 400 Irvine CA 92714 Tract 15472 W L Homes LLC (dba as John Laing Homes) 19600 Fairchild Suite 150 Irvine CA 92612 Tract 15838 William Lyon Homes Inc 4490 Von Karman Ave Newport Beach CA 92660 ENGINEER MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92714 LOCATION Six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue ZONE Specific Plan 8 (Meadowlark Specific Plan) GENERAL PLAN M-sp (Mixed Use-specific plan overlay) NO OF ACRES 48 4 gross acres NO OF NUMBERED LOTS Tract 15469 — 88 Tract 15471 — 51 Tract 15472 — 62 Tract 15838 — 113 NO OF LETTERED LOTS Tract 15469 — 9 Tract 15471 — 7 Tract 15472 — 5 Tract 15838 — 12 PL00 02 2 12/27/99 9 33 AM O QUEST FOR COUNCIL AC AN MEETING DATE January 3, 2000 DEPARTMENT ID NUMBER PL 00-02 NO OF UNITS Tract 15469 — 87 Tract 15471 — 51 Tract 15472 — 62 Tract 15838 — 113 Total 313 DATE OF COMPLETE APPLICATION December 22 1999 MANDATORY PROCESSING DATE January 18 1999 DISCUSSION On March 15 1999 the City Council approved Zoning Text Amendment No 97-04 Zoning Map Amendment No 97-1 Tentative Tract Map No 15469 Conditional Use Permit No 97- 80 and Negative Declaration No 97-21 to subdivide 48 4 gross acres for the construction of 313 single family residences Final Tract Map Nos 15469 15471 15472 and 15838 represent all four planning areas of the project and include 314 numbered lots and 33 lettered lots The subdivider has satisfied the Park and Recreation requirement for this project through the payment of $1 485 000 in fees (per tentative tract map condition of approval and based upon a land value rate equal to $500 000 per acre ) The subdivider will satisfy the affordable housing requirement for this project by providing 32 off-site units An Affordable Housing Agreement Plan for this project has been submitted and approved by the Planning Department The final maps have been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with amended and approved by the City Council Environmental Status This action to accept Final Tract Map Nos 15469 15471 15472 and 15838 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b) PL00 02 3 12/27/99 9 33 AM *QUEST FOR COUNCIL ACT N MEETING DATE January 3, 2000 DEPARTMENT ID NUMBER PL 00-02 Attachment(s) City Clerk's Page Number 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 15469 with site plan 4 Tentative Tract Map No 15469 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument Labor and Materials Faithful Performance) RCA Author R Ramos PL00 02 -4 12/27/99 9 27 AM 1 � i k '{� 1 �� �`a ti�y� L �i _ � � lr N �' ��pp�,,,,�� la+1v �� �1w�YN�IY 1 M 1 � i p !L�� ~ i,�.�`�k�1 ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map 1 Final Tract Map Nos 15469, 15471, 15472, and 15838 are in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15469 conditions of approval as approved by the City Council Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer (Attachment No 6) Final Map No 15469 Faithful Performance Bond No 929128422 Labor and Material Bond No 929128422 Monument Bond No 929128423 Final Map No 15471 Faithfiil Performance Bond No 929128420 Labor and Material Bond No 929128420 Monument Bond No 929128421 Final Map No 15472 Faithful Performance Bond No 392484 Labor and Material Bond No 392484 Monument Bond No 392485 Final Map No 15838 Faithful Performance Bond No 3SM-960 182-00 Labor and Matenal Bond No 3SM-960 182-00 Monument Bond No 3SM-960-183-00 3 Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer drainage engineering and inspections shall be provided b A Certificate of Insurance shall be submitted • • c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d An approved Subdivision Agreement shall be submitted (Attachment No 5) e Payment of Park and Recreation In Lieu Fees f The City Attorney approves the CC&Rs for the project f ... 1�1y ' �- • 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Ts T, TT T. r 1 rxr,> ,i a CD p (R) o (ZD To x �1h s .. �, G,7 .� t � ,or n, I L. CED me is J ffD © C © © GD p n 7 I r .will, qD +- �sw„T s ,rarer, I u Q ( n a of it ,w,rr s .. p © crD © m / ,.T M ,o. sib ,11 T1T sus a I.lt ITx1 tl r ty 11 �� C•J / 4D t n © © ten © © cam CDs�7�1 I'�ilYbl� — — ----- f ' � — -��— Y ,_®— ,=. ;. -J MEADOWLARK r I,... Bill .% riT u/ ,ol ses sa se, es ,.r ,.e s„ C "'OLD Film uwr PLANNING AREAS 1-4 TENTATIVE TRACT NO 15469 -rCKIT A TIX IM TD A nT rain 1rM Aa SI4U011 11 • : rwwl.w1.1 t, ?t r 111 A!)1f110 I�5-�E cu l QD n u u n t1 n n Ia111AOM 1 S/ ' ff,D sD m Cu-1 o b ® n !t r E)MTIbbLTAUrb o • 1 Int su DOE MAY D11 t rn i �+ i 1i U 1' `11 I I ,r)1 , u u u It It 11 [oeiuna'" J I t 1 I .. � - ► It Sol 11 _ � ... w IMlllt ? �.�Tr tr-'J P y'wdl�� r. �"I.i `•1 I I' ) ,, t, 1 I y Illlll) 11 , I �u11w1c"f! 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'0)$) IU 44111J I j 1 to 1tt ue ul w 1 1GD nl to tla to to let I >Zu Drum 1 Q Q c,, t Cel7 a ro Cep �n f I III —lt.)� JY L IIILYatj UrS."ntn[ U.W I I11 '� "�—� 11[IL�--^• '�— .... _� a J1��1—_ », _ tl'[[I IK l � �_ � J n1 nr lu w t11 lu us 01 Its 1]I 13/ m ul w u1 u/ en (;i1 1e ti1 to m ns to 1 I mew ® ®� ®Q ®Q �CD ��Cf7 0 GD f O G� D (E) V V -IfY� Kw� !1 �4 V YLV Y• Y V 1Y1 1tr 1 =»IT+L~ Y ..� N �I ' !Lr•...srr'.--n n��N tt100'!1,0 t r,,.••J"��2 �" 1 I 1/ ��r- I ov[nw DINE _ ' MEADOWLARK ua *0314t 40 --PL-ANNING AREAS 1-4— --- i ' I "►II►1T °1'01r r r =Y3311 t 11 M e Y Df 4 TENTATIVE TRACT NO 15469 as� pairsr TEATIVENT TRACT NO, 15469 ^rry Ant:N INW[KM- fw1�■s.l+awr nIINTV OF OPANAF STATE OF CALUMMA 1 r n.a w.r.w wrr M w \ wrr y I y1.1 ( y 1•W OrN alra/a W/Y/M 1. 1 1 / ( I 1 3 7x to `aW'v� (� r • 1 7 .t r S_ 1 '~ `w�t r t, j � J� M �rvv 1 • r ( r ( ( E I, PRIVATE STRCCT)_ (�RIVATC STREET) _ QI � I —p�'—— (r%►urvxrsj r (r j rulw,rs) � ' t rl• nylalLMinf"A Ilam r bd r.a w r.a w� IY rjj_Pt0mm EA 7 Ilr — IA" �..rrr.rl ....__ ._... w W ww yr 1►rlrw rr rr ■ � , , _ W_i- �� r•• , 1 1 I I � 1 I w 1 r elrr al w rZo • �� 11 1 M 1 7R w.IR SR 1 — f IR )R rl.l H 1 111 Q� rr I� I 1 • ]R r IR • • • • • 'oaw-rwa \•... rwl 1 ••�� OrjfCf — ` / w R�r • _PRIVATE STREET) low"111n. I ' r • (W/O►A WAYS) , 4 S ___(PRIVATE STREET�� J ► _ r(MALMOnM I'M �' • • • • i • - � SIILSVWIARI' IA 11.rr..w1 •ru.r /"""Il lymcALPloA wL4 .�i yxi ..rN Yn.N Yrl wr YS1�-u1' '1t JJLr 1♦ - 6il _- 1 / MIII a _ rrr A 1 11 �• ry 111 T11trll 11i rr_Ise1Rr k epfLiOtSd ♦♦ It t w Mill r IrM l u�w A.._f' F' M ii CATSLLUS f .Ir•��M -� _ r- N iv ri N! / w 1J J ti N 11 11 I — Wr rC'�. w.... .r.t r_...r ... /7IDS=`—!`-r' r -J�rillr Ii c, : -_�� . _ 4 MEADOWLARK- PLANNING AREAS 1-4 TENTATIVE TRACT NO 15469 TECHNICAL SITE PLAN riodam lf1.1.1m d1lA OkiI I lid y010 PON 1 .1 w..rM y E � It1 01 r I ,a kw .:...� '^ " 1 � Mix 1 � 1 I Y a (�Y t ( 4 � f 1 • . 1L'✓� 1. '1 r q I 1 1 ' �.�.. t vt ! N1rr 111K�� • ti �^ r - - - -- - t ! ! a Ia (As 1cJ I too 1 PAW � J J M1. it • r Y r Y r r r i 'I tpE1El11b11 t1+1a �t r YSICM IIYI YHill r l r• IHICl, LCmn ly IN]WfAM111 - 12111 I11tlYQ1+) Y vorxua 1 r / III r MEADOWLARK PLANNING—AREAS 1 Z )xmxil Yeatl>It — , TENTATIVE TRACT NO 15469 ,�fls=•����:� r� TECHNICAL SITE PLAN ��rr - ---- - - CITY OF HUNTM TON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA r Yl l m UI 13 1 3s-34 CtLLL'A '■ { a i m�nrafIETAarn I LL' {�1 t AM 17AGIUOMI LlIdF FAJ�YD14 ■ - - ■ ■ aivaitiwmrLA km WIVAcin Y r 1+ W '�' cu 'L - I r I ►_ Y MT),FAJ t Y ON � IY r L mi b 135 90 DMITI0 WrAarD I I .AU k FAW Y(111) rMAC(—' — DIfYL Iti. I— � rr11 � / ; 4�� �ttlr/ Oto Ic 1 W. 1 � + �. � t t t w r r --� � •••••`�11l�Pl�l �1d!ll 15 19 II1.911X)VLT atD h+� r• — urmw LSILtt rn s�- a 3 � 1 1 MI-, I �v { aa,s.■ 11104 _r l , f 1/ - OWKM omt rmzTyj0 I n FALY Olq -- ------MEADOWLARK -- 1 -- Ma4NIC1 I - InHlt4 I " I - - ll' I I PLANNING AREAS 14 1 (III r UAII►ff it ( I 0111Y1 f rcm,r TENTATIVE TRACT NO 15469 , ����.� �,r�. - ��n�=•���=•�{��=_ � ' a TECHNICAL SITE PLAN 1SYhL�„ r �� v�'�! '�S���`� r � ,►� � � � # I ►` k � tf • � � 4 �� �C �� - 1� �h� y � �� • P s � �`' � � r� � �U Ash �a�'y �+ � 1 t� � - � - �� l CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Z C�' � �, CONNIE BROCKWAY CITY CLERK 13 1999 May 13, 1999 Mr Bruce D'Eliscu l - Catellus Residential Group 5 Park Plaza, Ste 300 Irvine CA 92614 Dear Mr D'Eliscu The City Council of the City of Huntington Beach at its regular meeting held Monday,March 15, 1999, approved Findings and Conditions for Tentative Tract Map No 15469 and Conditional Use Permit No 97-80,Negative Declaration No 97-21,Zoning Text Amendment No 97-04, andZonnng Map Amendment No 97-1 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 May 13, 1999 to apply to the courts forludicial review If you have any questions regarding this matter,please contact our office at 714/536-5227 Smc ely, Connie Brockway, CMC City Clerk CB cc Enclosure Findings for Approval Government Code 1094 6 Cc City Administrator City Attorney Howard Zelefsky,Planning Director Amy Wolfe,Planner Scott Hess,Principle Planner 3-Jfollowup\la tters\90dayltt (Telephone 714536-5227) § 1094 5 SPFCIAT PROCEEDIM S Pal t 3 Note 378 at tit i it for it to t ri it it not I ri xt t 1 a tntita I , nu t— ion r had uu jury th [inn t ultCnrn,n I it uii It tuirut li \I I( ON It l nn I tit l not it It rnilur mi rti,t \1 cittrrn Air Ii MI) 1-7 ( tit Rptr fi-M , ( % Id -i I Intx lot % tohletki (11161) 3.1 Calltptr 1rinl courts judy,ui uI tl utniy, nr[t it i 10 1111 ( %_-Al 3t)i) timmlitte to crompel thrct t it i r n„rit itltitro Fat( that letter dixclittrgin;z senior tyl, to met a4i it Iii,i tit i inn rrt il.uiy tit Blinn Ixt it rl, tit offiti of t ittitt tl rk Anted era ltt i nxt uit turcr tfr 1 it it it, 1 it inexx i t dint 3,11 at tx FutlO of tit, onduct in rc prat control wax rt t rrq ti and t nx r utotuiy, public ret urtb, from tho files and iiinnilut in to d vourt with hr t ti nix to unitil trim; nit l xrcratinc them on various rt ni-tnd t tt�t. t) dirt rtor for rurl„nt t f dutex whercn_t to licaring before county i nt-onxiderutg tha petitiltt i r %tously tin rMI x rauc vommixxion ctulenee Knit in prised where it was foiird that some of tro luced only nit to zvlint took place on rlit. charges ny tinxt l en font r wern not nnt. of the ti ttCA slid a it rittuire the dix xnl ported by cvi Icnce \\ingfirlil a t ni t t oort t r .ilippal on it It at front Ii]Uh Directs of Atriculture (10-12) V(3 t,at ntcnt ntturd,ns: xcnior Chpi i clerk wnt of 1 litr (519 213 C A 3,1 200 mandate after rever,iai; it o judgment of I rocced,ng for rrvlcw or (It matba t ont the xuperior a-ourt to ruuand the niatter tion mn.sioner of mrporntloi t or permtr to to tltr c tiiwnc it for r of fact sus t I iin{.e vottnl, rty,hta of xltarehold rx roi ifl flit rt n%-i n f t hr dit t of nLu our ,could he rtninnded to x tti rior court for 4 f th (I scmmal of the dotttngelem on all dcterintnntion whether ther, tt-,t ituhwrin t f the ilnt,x i rxtt 1 i�sii. \ns(195 Coun rtul evidence to support v"nitnissiontr& I.2d 31M0 eAd?d 1liir tmiasiuu (1952)' 238 ftudings whtre court improperly deter § 1094 6 Judicial review, decisions of local ttgen(.1t:s, pets ion, filing, time, record, decaslon.and}tarty defined, or- dinance, or resolution (a) Judicial review of any decision of a lout agent:\ other than school district, as the team Iocal agency is definer[ in Section 54951 of the Government Code of of arty commission board, officer or agent tilt-cof m-iy be had pursuant to Section 1094 5 of this code only if the petition for urlt of mandate pursuant to such section is filed a ithln the time limits specified In this section. (b) An5 such petition shall be filed not later than the 90th day following the date on which the decision becomes final It there is no provision for reconsideration of the decision in any applicable prjovi- sion of any statute chat ter, or rule, foi the purposes of this section the decisiOl, is final on the date it is made If there is such provision for reconsideration the decision is final for the purposes of this sec- tion upon the expiration of the pet iod dui Ing which such reconsidera- tion can be sought, piovided that if reconsideration is sought pursu- drit to any such provision the decision is final for the purposes of Ithis section on the date that reconsideration is rejected ((-) The complete I ec of d of the In of eedings shill ix prepared by lnc hx tl tj,e[tty of its tortoni-, tort ixlu(i off itet of tli,cnt which ill ide the decision and %trill I)v fleliveied to the peUtlonLI within t)0 d ►ys t1ftct he lvis file([ t wtittett te(jueSt therefor ThiL local agency may recover from the petitioner its actual costs foi tI anscribing or otherwise preparing the record Such record shall include the tran- Script of thL proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision all admitted 674 t t ' Title 1 a ( NRIT OF MANDATE 44 346 exhibits, all rejected exhibits In the possession of the local agency or its commlcsion board officer, or agent, all written evidence and any other pipers in the case _ (d) If the. petiUOIILI files a le<lut.,,t for Iht record as specified In c1lio,vltitctn (t.) within 10 (i iy,, tflcl tho d Ile the decision becomes ft- wtl -ts pto\tdLxl to IAIWIvitiloln (b), lilt 11111L within which a I)Llitiott purbu int to St_.-t.lton 109-1 5 may 1)c filed shell lx extended to not Iater than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of rec- ord, If he has one (e) As used in this section, decision means ad judicatory ] ry admen- � istrative decision made, after hearing, suspending, demoting or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment benefit or allowance (f) In making a final decision as defined in subdivision (e), the local agency shall pi ovide notice to the party that the time withul I v hich judicial review must be sought is governed by this section As used in this subdivision, "party" means an officer or em- ployee who has been suspended, demoted or dismissed, a person ,.hose permit or license has been revoked or whose application for a pet mit or license has been denied, or a person whose application for a retirement benefit of allowance has been denied (g) This section shall be applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable If such ordinance or resolution is adopted, the pt o-,tsio-is of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter (Added by Stats 1976,c 276 p 681, § 1 ) Forms See %%est it Califoruta Code 1 arms Civil Procedure Library References Adnuntrtrntirt. I.ea and I roretlurt C T R Public Administrative Bodies and Pi= Procedure 119J Notes of Declsiotts to general I thitt public. entplovtncnt relations 1-onnl Exhaustion of administrative remedies 2 bait exrin4na Jummlictlon to deterntine wlirtht r ,lit. unfair prucuce charges were Justifit-11 autl, in view of teachers fiu-lure tin exhniitit their ndtninistrative remedies I In general tinder the ltaildii Art trial court erred in i lilinul Wartl it vitilat rul fretvim of Krantini, writ of ninndate to compel xmiter trnrht rr milarit-t after I rionnim, of slew uttas,d nt of distnct and othen to miler xt ht,ol Year while mint rnt t nexotinnowt rtilart^i of rertitin tradiertt Antadnr Val. %crt i rmliu. argnuhit wits nit unfuir It c 4- nmtlary hiluratarn Amt it s NewGn practut iii viuluttuu of thi itudda Art ro (10701 131 GaLRptr 724 83 (.AZI Z4 _ 67s - _ t c z o FINDINGS AND COtiDITIONS OF APPROVAL 7 319c CONDITIO\AL USE PERMIT NO 97-80/ ,- TENTATI T TRACT MAP NO 15469/ V ` NEGATIVE DECLARATION 97-21 GNIE AD ONVLARKI March 10 1999 FT\DINGS FOR APPROVAL- NEGATIVE DECLARATION NO 97-21 1 The Negative Declaration No 97-21 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines It was advertised and available for a public comment period of tw entN (20) da5 s No comments were received during the comment period 2 Mitigation measures for Negative Declaration No 97-21 attached hereto shall become part of the project conditions of approval, (unless superseded by more restrictive TTWCUP conditions), and will avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur Mitigation measures address a number of potential impacts including affordable housing requirements, land use compatibility,noise impacts and hazardous materials There is no substantial evidence in light of the whole record before the City Council that the project, as mitigated will have a significant effect on the environment FINDINGS FOR APPROVAL -TENTATIVE MAP NO 15469 1 Tentative Tract Map No 15469 for subdivision of 48 4 gross acres for the purpose of developing a 313 unit residential community is consistent with the General Plan Land Use Element designation of M-sp (Mixed Use- Specific Plan)on the subject property and the amended Meadowlark Specific Plan, as approi ed by the Planning Commission The number of units in each planning area areas follows PA1-62,PA2-51, PA3-113, and PA4-87 Detached single family homes on small-lots are a permitted use The site is physically suitable for the type and density of development at 9 8 units per net acre (6 5 units per gross acre) The site was previously approved for a higher intensity of land use (12 4 units per gross acre) The size,lot frontage,street sections and other design features of the proposed subdivision, as proposed or conditioned, are in compliance with the amended Specific Plan 3 The design of the subdivision or the proposed improvements wall not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat The project was evaluated in Negative Declaration No 97-21 and will comply with appropriate mitigation measures The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements,for access or for use, will be provided The subdivision, as conditioned,will provide all necessary easements and will not affect any existing easements (a wolfe\3 Ban) l •, 0 FINDINGS FOR AP, - OVAL - CONDITI01 AL USE PE 1IT NO 97-80 1 Conditional Use Permit INTO 97-80 for the establishment of the 313 d«ellinq unit planned community and reduced front y and setbacks in PAI (pursuant to section 4 5 A PAI 7 a of the Meado«lark Specific Plan) and PA2 (pursuant to Section 4 5 A PA2 7 a of the Meado«lark Specific Plan) «ill not be detrimental to the general «elfare of persons v orking or residing in the NicinitN or detrimental to the tialue of the proper, and impro%ements in the neighborhood There are 62 single family residence detached uruts in PA-1, 61 single famll,, residence detached in PA-2, 113 single family residence detached units in PA-3, and 87 single family residence detached units in PA-4 A total of 244 on streeL Quest spaces gill be prop ided as «ell as an additional number of parking spaces pro-,ided on the spine road The proposed project as conditioned will provide the necessary infrastructure and site impro-%ements to accommodate the needs of project residents and the adjoining community PAI and PA2 represent innovativ e de,,elopment concepts and re,ult in an impro,,ed street scene 2 The conditional use permit request, as conditioned, will be compatible v ith surrounding residential and commercial uses The proposed buffer areas bet«een the existing easterly adjacent properties and PA3, project grading, site design and subdivision la)out, and numbers on on-street guest spaces will properly adapt the proposed structures to streets, drivev,atis and other adjacent structure and uses in a harmonious manner 3 The proposed residential development, as conditioned, will comply oath the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zorung and Subdivision Ordinance and any specific condition required for the proposed use The proposed use will meet the approved Meadowlark Specific Plan HBZSO and HBOC provisions, including, lot size, setbacks, density and parking PAI and PA2 provide a creative layout and include innovati%a architecture and design 4 The granting of the conditional use permit Nvill not adversely affect the General Plan It is consistent with the Land Use Element designation of M-sp (Mixed Use-Specific Plan)on the subject property In addition, it is consistent with the follovnng goals and pohctes of the General Plan A LU 91 2 Require that single-family residential units be designed to convey a high level of quality by considering the following guidelines a Modulate and articulate building elevation, facades and masses (avoiding undifferentiated "box-like" structures) d Encouraging innovative and creative design concepts B LU9 3 2 Require that the design of ne« residential subdivisions consider the following b Integrate public squares, mint-parks, or other landscape elements (go wolfe%3 Sim) i Come -duced street v idthz to achtete ale ; -ttmate relationship bet«een structure Lo tn_ extent fea�tble and in accordance h Huntington Beach Fire Department regulations CO\DITIO\S OF APPRON74L - TE\T4TIVE MU 10 15469 1 The tentative tract map recei%ed and dated October 19, 199S shalt be the approN ed map as revised or amended y the MeadwMark. Specific Plan pro%isions and de-selopment standards and the conditions of project appro,,al -�� r-� t- J �,� 5.e>� 2 The project shall compl, < -ith parkland dedication requirements Del.eloper shall dedicate_a minimum of 2 4 acres of part. land and shall pa% parkland dedication in-lieu fees to satisfy the remaining project parr land dedication obligation The de,,eloper shall improve 2 4 acres of part,land and an adjoining 8 acres of Gibbs Part.to CitN specifications The cost of the 3 2 acre park impro,%emeats %gilt be credited to the payment of in-lieu fees (This would not include any related improN ements associated«zLh the detention basin) In-lieu fees shall be assessed at a land value rate equal to S500,000 per acre The balance of part.land M-lieu fees shall be deposited into the Park Acquisition and De%elopment Fund The proposed neighborhoodpublic par s a e at an s a I prop i eat a minimum three (3) acres of dry, usable part.space (Communit} Seri ices) (jp Retaining walls shall be setback a minimum of four(4) ft from the back.of sidev alks No retaining w alls shall be permitted%v&un the' Spine Road street ROW 4 Lot `N shall be reconfigured to provide a minimum often(10)ft landscape buffer along v ! Airport Circle and pedestrian access oniti betv,een Roosevelt Lane and Airport Circle The � 'ITdL ,J remaining portion of the subject lot shall be incorporated within the adjoining residential lots `Nall and fence plans shall be submitted and appro-.ed by the Planning Building and Public `Yorks Department Prior to construction of any ne« wails, a plan shall be submitted identify ing the removal of any existing«ails next to nev% «alls, and shall include approval b) property owners of adjacent properties The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and drainage 6 Decorative paving shall be provided at main project entrances(Heil Ave/Spine Road and Plaza Lane/Spine Road) and at all entry points to each of the Planning Areas The type of enhanced paving materials to be provided shall be subject to review and approval by the Public Works and Planning, Department 7 At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Planrung Department and appror ed by the City Attorney The CC&Rs shall a)reflect and address the common driveway access easements,use easements, landscape easements, maintenance easements as well as maintenance of all walls and common landscape areas by the Homeowner's Association b)require use of the garages for automobile storage, a minimum of eighteen(18)ft by nineteen(19) ft shall be maintained clear of any obstructic for automobile parking, c) limit additions to and exterior modification of dwelling units within all planning areas in accordance with Meadowlark Specific Plan provisions, d)inclu enforcement of`no-parking"areas and include language similar to the letter from F Scott (S wolfe\3 scm) Jackson dated fpee' er 2 1998 The CC&Rs shall bw r- ordable form prior to recordation of the mdp CStreet lighting shall be designed and constructed to comply with Meadowlark Specific Plan _ provisions pertaining to decorative stree, lighting Street lighting levels along street A' shall be increased to provide pedestnan,,isibiliq per Public '%%orks Department (P«7 `9 -, Fire h)drant locations shall be appro,�ed bi the Fire Department (FD) 10 Tentative Tract iNlap No 15-69 shall comply with all mitigation measures of Negatiie Declaration No 97-21 (attached hereto and becoming a part thereon) unless mitigation measure(s) are superceded b-, more restrictive conditions of project approval (,1�Tentat«e Tract Map No 15469 shall comply with American Disability Act (ADA) Standard 12 Prior to recordation of the final map and unless otherwise stated, the following conditions shall be completed Bonding may be substituted for construction in accordance-vtZth the provisions of the Huntington Beach Zoning and Subdit ision Ordinance a An affordable housing plan shall be submitted to the Cit-, of Huntington Beach, in accordance w ith Meadow lark Specific Plan pro-,isions The plan shall provide for affordable housing on-site or off-site The contents of the affordable housing plan shall include the following 1) Ten percent(10%) of the total units proposed shall be affordable to low and moderate income level households (maximum 100% of the Orange County Median Income) for a period of thirty (30) years 2) A detailed description of the type, size, location and phasing of the units being built 3) If rental units are used to satisfy this condition, then the units shall be for households earning between 50%-80% of the Orange County Median Income b All ehicular access rights to all public and priN ate streets -within the proposed subdivision including Hell Avenue and Street 'A"' shall be released and relinquished to the City of Huntington Beach except at locations approved by the City (PNV) '-c >A final sewer study shall be submitted for Public Works approval The development shall design the sewer system required to serve the development (PtiV) mod) A letter of acceptance for additional sewer flow s shall be required from the Orange County Sanitation District (P`N) The water improvements shall be designed as shown on the approved Tentative Tract Map,and per the City of Huntington Beach Water Division's Standard Plan, Specifications and Design Criteria_ The Det eloper shall submit a final water system analysis with calculations with the project's first plan check to confirm appropriate sizing and layout If the analysis sho�rs that fire flow demands cannot be met with the City's current water pipeline infrastructure, the developer will be required to upgrade the City's pipelines)stem to meet the demands at no cost to the City The City of (g wolfeU 8(m) 4 HuntingtoW « ater Di%ision shall appro%e•chr -e, or additions to pipeline infrastructure r iy ne« infrastructure constructed in tL _ public right of-v ay shall be dedica,.ed to the City upon successful completion of the project and shall conform«ith all bact.enological testing requirements f;The applicanL«ill «ork v.ith the Fire Department to assure that the street name of 'A' Street «ill be consistent from south of Warner through the north side of Heil A-,enue The applicant«ill be responsible for any modification to existing signage due to name changes (P«� Q1 Final h%drolop and hydraulic studies for both on and off site facilities shall be submit-red for Public Works reN iew and appro,.al Drainage easements and lots designated as detention areas shall also be shown on the Final Map as directed and appro-,ed by the Department of Public Works On-site drainage shall not be directed to adjacent properties but shall be handled by a Public Works approted method Runoff from the site shall be restricted as directed bs the Department of Public Works to mirumize impacts to downstream facilities Drainage flo«s from adjacent properties will be accepted and rrutigated as part of the on-site drainage impro-%ements If the detention facilities are proposed Ntithiri park areas, all storm floes up to and uicludmg the 10 year eN ent shall be contained below grade Any surface «ater detention above the 10 ti ear event shall not be allo«ed to pond above grade for more than 2 hours Porous soil and an underdrain sy stem will be incorporated in the park and field areas at the direction of the Public Works Department to insure these areas maintain the required drainage associated«ith active park use (P`V) (Fi The De%eloper shall design off-site drainage improvements as required by the Department of Public Works to mitigate the impact of increased runoff due to development,and pass through flov,s, to deficient downstream drainage systems Design of all necessary drainage improvements shall provide mitigation for all rainfall e�ent frequencies up to a 100-y ear frequency All storm inlets shall be grated (P`V) OStree,s B through`H ', ` J ' and `L' shall be designed per modified Standard Drawing 104«with 50 ft of right-of-`va), and�s-ith a 3? ft curb to curb width Sidewalks shall be 4 ft «vide minimum with a 5 ft wide parkv ay adjacent to curb Parking shall be restricted to one side (PZV) Street I" and`K" shall be designed per modified Standard Drav ing 104 with 50 ft of right of way,and «Zth a 40 ft curb to curb width Sidewalks shall be 5 ft wide rrummurn adjacent to the curb Parking shall be permitted on both sides of the street. (PtiI7 ok All street grades shall be a minimum of 0 50% (PVV) 1 Streets M' through`Z' and`AA' through`BB 'shall be designed per Standard Drav,ing 104 (42'/32') The side«alk shall be 5 ft wide minimum with `pop-out" sections outside the street.right of«ay around street furniture to comply with ADA requirements Parking shall be restricted to one side (PNV) (C wolfed 8rn) 5 ni A final o* parking layout plan shall be sub��ri cLs part of the street impro%ement r, ans for all pro.ate and public stree l parking and road«aN layout shall be analy zed b,. a registered traffic engineer for sight-distance pedestrian safety and all-waN stop sign warrants at key intersections prior, to acceptance by the Public Works Department The parking lay out plan shall conform to Civ, standards and the City s Subdo ision Ordinance and Municipal Code requirements including Municipal Ordinance No 1040050 NTo on street parking shall be permitted adjacent to emergency access areas in compliance w ith Fire Department Specifications 401 and —'1 5 This plan shall be used for parking control by the HOA Streets where parking is permitted on one side onlN shall have the no parking' side painted with a red stripe -%isible to the dm er, and no parking—fire lane suns shall be posted prior to any mo,e-ins Fire lanes shall also be designated in compliance with City Fire Department Specifications 401 and 415 A total of 244 on street guest parking spaces, e\clusive of guest and park parking prop ided on Street`A' (Spine Rd), shall be provided, each planning area shall maintain at least a 5 space per unit(based upon the exhibits presented by the applicant and attached to the staff report) (PNV/Plannina) The deb eloper shall design and construct a traffic signal at the intersection of Heil Avenue, Street A' and Del Mar Lane (PNN') (cam The southerly 29 ft of existing Pearce Street and all of the new proposed Pearce Street to the intersection of' K" Street shall be dedicated to the public for street and public utility purposes per modified Standard Plan No 104 (29'/20' half section) The side"all,shall be 4 ft w ide minimum w ith a 5 ft br ide parkw ay adjacent to the curb (PNND Street`A' shall be dedicated to the public for street and public utility purposes The street section shall be designed per modified Standard Plan 104 with 60 ft of right of w ay and a 32 ft curb to curb width Additional parking on Street'A" shall only be permitted per the appro-%ed parking layout plan in pockets located within the parkway The pockets shall include curb radius transitions A meandenng 6' wide sidewalk shall be incorporated in the parkway on each side of the street The intersection of'A!' Street and Heil Avenue shall align with Del Mar Lane A queue length analysis shall be performed to provide adequate stacking for left turn movements from`A' Street to Heil Avenue (PNN� ,_q_Those portions of the sewer and storm drain system which are in pnvate streets shall be mamtained by the HOA (PW) `r All street intersections shall intersect at 90 decrees or radialy to curved streets The developer shall perform sight distance analysis (using a design of 35 mph) for all intersections along Street`A" (PIVV) The developer shall design signing, striping and street lighting in accordance with Public Works Standards and the Specific Plan The southerly 18 ft of Heil Avenue shall be dedicated to the public for street and publr utility purposes (PNV) (Q «olfeV 8tm) 6 Heil ANe*si' 'l be designated per the City s S*ar(Dlan\o 102 modified (100 /70 ), inc, .iina a 7 ft bile lane on the south side L rleil 4-yenue The de%eloper shall design protected left turn pockets, (150 ft in length) in both directions on Heil A%enue, (design speed 50 MPH) The de%eloper shall dedicate additional right-of-«ay, if necessary, on Heil A,,enue to permit installation of the protected left turn pockets as directed by the Department of Public Works (P%N� An additional 12 ft of landscaping shall be required adjacent to the Heil A'%enue right- of-way Landscaping improvements shall be designed and installed per Public Works Standards This landscaped area shall be contained within an easement for maintenance by the HOA (PLAY) (<i) A reproducible my lar copy and a print of the recorded final map, along w ith digital graphic files of the recorded map per the Citri of Huntington Beach' CAD Standards Manual for Consultants , shall be submitted to the Department of Public Works (PN'V) fix The following shall be shown as a dedication to the Citt of Huntington Beach on the Final Map 1) An easement o,%er the pn,,ate streets for Police, Fire Department, and utility maintenance access purposes 2) A 2 ft public utility easement adjacent to the street right of-way, as shown on said map (7 ft parkway s or less) 3) The water sy stem and appurtenances as shown on the improvement plans 4) Access rights in, over, across,upon and through the pnvate streets for the purpose of maintaining, sen icing, cleaning, and replacing the water system 5) The easements for sewer and storm drain purposes as shotivn on said map, Nvith maintenance by the HOA 6) All perimeter, streetscape, community open space and greenbelt areas,Norma Gibbs Park extension and other required landscape improvements shall be dedicated w ith the first phase of development (PNV) 'y1 The developer shall provide a 10 ft(minimum) wide decorate%a pavement section at the J joint points of the public streets, excluding Pearce Street east of Street'K'per the City's direction The decorates a pavement section shall end at the curb returns m the pnvate street portion (PNV) A phasing map shall be submitted for approval to the Public Works Department showing improvements to be constructed and nght of way to be dedicated with each phase All required infrastructure, including all public streets and Street'I"and"K' shall be designed and constructed with the first phase (PN31) as The engineer or surveyor preparing the final map shall comply with sections 7-9 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub-article 18 for the following items, 1) Tie the boundary of the map in the Horizontal Control System established by the County Surveyor 2) Provide a digital-graphics file of said map (PN3) (a.wolfed Ran) 7 �bb All impr Securities (Faithful Performanc bo, &- Material and Monument Bondb) an SL 1t%ision Agreement shall be porte «icy ie Public V. orks Department and appro,.ed at. to form by the City Attometi (PNN) CC A Certificate of Insurance shall be filed v ith the Public NVorks Department and - appro,,ed as to form by the City Atto meN (PtiV) dd)all Public N%ork. , fees shall be paid (PNN) ee A cash pay ment in the amount of S35 000 00, in addition to any traffic impact fee due, snall be made to the City, for the developer s share of the future traffic signal at the intersection of Bolsa Chica Street and Pearce Street as specified in the ivleado,.tilark Specific Plan (PNS) ff Tentative Tract Map No 15469 (PA 4) shall be revised to accommodate the proposed architectural design and comply with minimum setbacks, inclusi,%e of side yard setbacks gg A copy of the CC&R's shall be submitted to the Dartment of Public Works for revievr and appro'�al The CC&R's shall provide as a mi umum 1) The HO A.shall be responsible for performing regular maintenance and monitonng of the storm water system in conformance with the Storm'Water Qualiti 'Management Plan for the development 2) All public fire hydrants within the development shall be kept clear of landscaping and impro-Y ements per City requirements and standards and painted as required 3) The Huntington Beach Police Department shall not be restricted from enforcing all parking regulations and the citation of violations for any parking not permitted by the approved parking plan for the project 4) Red curb for'-No Parking" zones shall be maintained yearlt by the HOA 5) ProN istons shall be made in the CC&R's to prescribe street sweeping guidelines performed by the HOA Guidelines shall be in conformance with Cit3 requirements (Pti ) Rolled curbs shall be provided on all private streets u Emergencti .ehicle access shall be provided at the end of the cul-de-sacs as deemed necessary by the Fire Department (FD) �1 Fire access roads shall be provided in compliance N th the Huntington Beach Fire Code and City Specification-9401 (FD) /k✓k)The developer shall pay a proportional share for the signalization of the Heil/Graham intersection as determined by a traffic impact analysis approved b-, the Department of Public Works (PSV) (a wolf 3 Sim) 8 1; The follo«ir3!cc bons shall be comple,.ed prio- ties ce o`grading permits v A Grading Plan, prepared b% a registered CiN it Engineer, shalt be submitted for reviev, and appro'%al The Grading Plan shall include design of the detention ba_,in area«,,thin the proposed part, site This plan shall also include an erosion and silt control plan for all «ater runoff during construction and site preparation «ork Final grades and ele%ations on the Grading Plan shall not-,a_-y bi more than 1 fr from the grades and elevations on the approved TentatiNe Map (PNN) b A detailed soils analysis shall be prepared by a registered Ci-,it Engineer This analysis shall include on-site soils sampling and laboratory testing of maiertals to provide detailed recommendations for grading chemical and fill properties reLairung walls, streets, and utilities (PNY) c A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be subrrutted to the Department of Public «orbs for revie« and appro-v at by the Park, Tree and Landscape Division The Developer shall submit irrigation demands to ensure proper imgation service sizing (PNV) ,d , In accordance «Zth NPDES requirements, a` Water Quality Management Plan"shall be prepared by a Cv,it or Environrnental Engineer Water qualit" BLIP and education information shall be included in the CCRR's (PNN) e" The Developer shall coordinate with the City of Huntington Beach Traffic Engineering Division in developing a trucL and construction N ehicle routing plan This plan shall specify the hours in Nzhich transport actiN sties can occur and methods to minimize construction related impacts to adjacent residents These plans must be approved by the Department of Public Worts (PNV) �fJ The Developer shall submit to the Fire Department proof that trie abandoned oil well located on the site has been re-abandoned in accordance with current California Department of Conservation Dig ision of Oil, Gas and Geotechrucal Resources (DOGGR) standards, subject to the approval of the Public Worts Department and Fire Department (Mitigation Measure) g�The Developer shall ensure that during demolition of existing structures or the removal of potentially asbestos-containing materials,these materials shall be tested for the presence of asbestos it is determined that the materials are asbestos-contammgr,the matenals shall be removed from the site and disposed of by licensed contractors m accordance with current regulatory standards,subject to approval of the Public Works Department and Fire Department (Mitigation Measure) h' The Developer shall ensure that during demolition of existing structures or the removal of potentially lead-containina materials existing-building debris (i e ,paint) shall be w handled in accordance ith current regulatory standards,subject to the approval of the Public Works Department and Fire Department (IMitigation Measure) (a wotfe\i 8cm) 9 ,i ) The De%eloper mall ensure that during demolition of exu_ ng structures or the remo"al of potentially hazardous chemical containing materials, these materials shall be handled b,. licensed contractors in accordance «ith current regulatory standards subject to the appro,.at of the Public `Yorks Department and Fire Department (Mitigation Measure) 14 The following conditions shall be completed prior to issuance of building permits a No combustible construction shall occur until the appro,.ed w aLer sN seem has been installed b The water sy stem shall be located within-,ehicle tray elw aN s dedicated to the Cit) -,,.here possible Ground co%er, hardscape and/or softscape o-,er water lines shall be appro-,ed by the Water Division The deN eloper or any other subsequent HOA shall enter into a Special Utility Easement Agreement with the Cits, wluch shall address repairs to any enhanced pavement,walls, fencing curb, gutter, landscaping, etc by other than City forces (at no cost to the Cit3), if City water mains require maintenance or repair c Construct off-site drainage improvements as required by the Department of Public Works to mitigate impact of increased run-off, due to development, or deficient, downstream drainage systems Design all necessary drainage irnprw ements shall provide mitigation of all rainfall e,,ent frequencies up to 100-year frequency d The Developer shall subrrut a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to mini maze noise impacts e The Developer shall provide an intenor noise study prepared by a qualified acoustical consultant, which identifies building upgrades that will attenuate interior noise levels by at least 30 dba in order to achieve consistency with the City's interior noise ordinance These upgrades could include upgraded windows and mechanical ventilation so that the windows could remain closed This noise study shall be subject to the approval of the Planning and Building Department f The Developer shall ensure proper noise attenuation for lots proposed directly adjacent t Heil Avenue through implementation of six-foot bamers along Heil Avenue This wall height is relative to the pad elevation Location of this wall shall be in conformance wit] the location recommended in the Noise assessment Noise barriers shall consist of a surface density of at least 3 5 pounds per square foot, and shall not have openings or cracks The noise barriers for rear yard areas may be a wall,berm, or a combination of the two The sound wall or any patio barrier that maybe necessary maybe constructed 5/8-inch Plexiglas, any masonry material, or a combination of these materials Plans for the proposed noise barriers shall be approved by the Planning and Building Department (Mitigation'Measure) (g «o1feV-8rm) 10 g The Developer0 11 ensure p-oper no -e a-terua iok p-opo:,ed alo-ig the southerl) boundary of Planning Area' adjacent to t-ie cornet: ctai (\feado«lark Plaza) and Planning Area 1 adjacent to Heil -%%e throug-i cony=uctio- of a noise attenuation«all The height of the «alls (as measured from the highe,t adjazenL grade) shall be 8 in height, portions of the -,,.all adjacem to the commercial cen er along the southerl) property line may be up to 12 in height The trucl,loadin:doc',areas on the commercial center site shall be enclosed (as agreed to at tle Plea nina Co-n=ni»ton meeang) The Developer shall ensure imolernenta�ior o=the noise miuga on meazure, aopro�ed b) the City to reduce extenor noise imoacLs on affectea a-,-as to le,.els of less than significant and in compliance with the Cio, s Ord-nance Final olaz_-, for proposed noise barriers shall be in accord v ith noise stuck and app o%ed b% tre Planning and Building Departments (Mitigation Measure) 15 Dunng grading/construction if a sump pit is ercounre ed dr'ling mud present must be sampled and tested to ensure tna-the inaLenal are non-hzzardo js subject to the approval of the Public Works Department and Fire Depa}.ment 16 The following conditions shall be comple�ed pnor to final occ Tpanc) (PNN) a Backflow protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for imeauon and fire suppressior -,ti a er services b Each proposed dwelling unit shall require a separa a dome.,ttc me►er and service All domestic water meters shall be sized in accordance with tae L-PC and the requirements of the City of Huntington Beach Building Depar rent anc the Fire Depar•ment c All existing overhead utilities snall be installed un'ergrot_-id in accordance .vith the City's Underground Utilit-, Ordinance In addition, all eleca-cal transformers shall be in stalled underground d The entire public park, including the extension on o Norma Gibbs park,shall be improved to Public `Voris Standards The deg eloper shall p-ovide for a mmiTr►utn of 20 parking stalls on Street A' One space snall be ADA compliant, and shall be located along the public park frontage e All public infrastructure improti ements,perimeter,streetscape, community open space and greenbelt areas, public par%and Norma Gibbs park exteasion and other required landscaping improvements shall be completed prior to the first move in. Pnvate infrastructure shall be constructed per toe appro,,ed phasing plan. f Soil tests for agncultural suitability,fertility and appraisal,£-omthe site to be landscaped, shall be submitted for review and approve b-, Park,Tree and Landscaping Division of Public Works Test results and corrects,a recommendations by the Testing Lab shall be included in the Landscape Plan Specifications for construction (;wolfe\3 8cm) 11 s Extstina A rees that are to be remo%ed must A -ed at a 2 1 ratio with a 36 boY tree or palm equivalent The De,,eloper shall have a 1-onsultina Arborist quanttft identify, size and analyze the health of the existing trees The report shall also recommend hov, the existing treez. that are to remain (if an,,) shall be protected and how far conztruction/grading shall be kept from the trunk h All landscaping irrigation and planting installation shall be certified to be in compliance with the CaN approved landscape plans by the landscape architect of record in Nvritten form to the Cit) Landscape Architect prior to the final landscape inspection and appro,�at i All streeL� shall be fully impro,,ed per the conditions of appro-,at j A block wall (solid grouted) shall be constructed along the southerly boundary as required per Condition No 16 g herein (Mitigation Measure) k A`Landscape Maintenance License Agreement' is required for the continuing landscaping maintenance along Street`A' and Heil Avenue by the Homeowners Association 1 Street lighting for Heil Avenue and all other streets shall be owned by Southern California Edison Co Street lighting shall be constructed in accordance-*ti7th City Standards and Meadowlark Specific Plan requirements pertinent to provision of decorative lighting fixtures m The Deg eloper shall install 150 ft left turn pockets at the intersection of Heil Avenue, Street A' and Del Mar Lane n The Traffic Impact Fee shall be paid pnor to issuance of certificate of occupancy 17 The project shall comply with Negative Declaration No 97-21 mitigation measures unless superseded by more restrictive conditions of approval contained herein 18 The Planning and Public Works Directors ensure that all conditions of approval are complied with If any changes to the Tentative Map occur,these two Directors shall be notified in tinting The final map shall not be recorded until these Directors have reviewed and approved the proposed changes for conformance with the intent of the Cit} Council's action and the conditions herein If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO INFORMATION ON SPECIFIC CODE REOMREDENTS -TENI'ATrVE TRACT MAW NO 15469 1 The Final Map shall not be accepted by the City Council until ZMA No 97-1 and ZTA No 97-4 are approved and in effect Once complete,the Final Map shall be accepted by the City Council ,recorded with the Orange County Recorder and a copy filed with the Planning Department (g wolfe i 8tm) 12 2 Park and Recromp n Fees shall be paid prior to accep*e of En-- Final 1%1ap b,, the City Council i State Mandated school impact fees shall be paid prior to issua-ice of building permits 4 ill applicable Public Works fees shall be paid prior to map recordation Tentati.e Tract Map No 15469 shall become null and-.old u_-iless exercis:d wZthin t«o ears from the date of final appro-,al An e%tension of time may be granted b� the Director of Planning pursuant to written request sLbmitted to the Planning Deparzmeat a minimum of 30 days prior to the expiration date The applicant shall submit a check in the atnon of S38 00 for the posting of the Noti u. ce of Determination at the County of Orange Cler-I s Office The check shall be made out to the County of Orange and submitted to the Department of Commuruty Development within trio days of the City Council action CONDITIONS OF APPROVAL- CONDITIONAL LSE PERAHT NO 97-80 1 The Conditional Use Permit plans/documents recei,.ed and dated October 19 -21, 1998,shall be the conceptually approved plans with the follo«zng modifications a The Conditional Use Permit plans/documens shall be revised to comply with the Meadowlark Specific Plan provisions and deg elopment standards and any other applicable provisions of the HBZSO and RBOC,inclusi,.e of public part dedication, building setbacks,building height,parking and storage requirements b Garage driveway widths shall be designed in accordance with HBZSO Section 231 18 D 4 and Municipal Ordinance 17 20 010 and 17 20 030 Turning radius' on angled driveways shall be adequate to alto« turns in one movement to enter garage entry areas c Depict all utility apparatus, such as,but not limited to, fire by,drants, back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public rights of-,.vay Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults Back-flow prevention devices shall be prohibited in the front yard setback and shall be screened from vied (Code Requirement) d Depict all gas meters, water meters, electrical panels, air conditioning units,mailbox facilities and similar items on the site plan and elevations If located on a building,they shall be architecturally designed into the building to appear as part of the building They shall be architecturally compatible with the building and non-obtrusive,not interfere with sidewalk areas and comply with required setbacks e For zero lot-line construction,the maximum separation between building wall and property line shall not exceed t-.ti o (2) inches f The southwest portion of Planning Area 4 shall be redesigned to provide at a minirintim a ten (10) ft wide landscape buffer along Airport Circle, the remaining portion of Lot`'N" shall be incorporated within the adjouiing pm ate residential lots (go «olfel3 8im) 13 o The Wald i- ce plan dated October 19, 199S A bt �ised as follows 1 Incorporate ' theme wall deign treatment along Lot' L'1.7 , 2 Incorporate front y and fence dezagn option - 3 Identify block walls in accordance with condition 14 g of the Tentatry e Tract Map, 4 Wrought iron fencing along rear property lines of lots adjacent to the public park, 5 Location of wood fence, for interior and rear y ards not abutting a street, 6 Black w alls along exterior side y ards, and rear y ards abutting a street, and for all project perimeter property line., abutting emsttng properties h If outdoor lighting is included ene,gy saving larnp� shall be used All outside li_-hting shall be directed to pre,,,ent 'spillage onto adjacent properties and shall be shown on the site plan and elevations i Product mix modifications shall be subject to rev iew and approval by the Planning Department J Planning Area 1, Floor Plan 2 and a.,soctated conditional use permit and tentative tract map documents shall be revised to comply with the approved Meadowlark Specific Plan parking requirements Redesign parlor so as not to constitute a bedroom by definition of the Huntington Beach Zorung and Subdivision Ordinance k Planning, Area 1, Floor Plan 3 includes a master retreat adjacent to a master bedroom which shall not constitute a separate bedroom provided there is a wall opening of minimum six(6)feet or that it is accessed through a master bathroom No exterior stairways accessing either a dvtielling, or balcom/deck shall be permitted 1 The architectural plans for all dwelling units v atlim PA-2 shall be revised to comply with Meadowlark Specific Plan maximum building height requirements (30 ft maximum) m The dwelling unit on Lot 39 (PA-2)shall be re-plotted to comply wath the m r mum 10 feet extenor side yard setback n Plan 2 and 2X(PA-2)shall be revised to comply with the minimum 20 feet (width)by 20 feet (depth) interior garage dimensions Plan 2X and 3X(PA-2) shall be revised to eliminate the excess substandard compact and tandem parking Excess tandem/compact parking areas shall be allocated to alternate uses and shall comply with the Meadowlark Specific Plan parking requirements o Interior garage dimensions for PA-3 and PA-4 shall be pursuant to the plans presented to the Planning Commission at their December 3, 1998 meeting 2 Prior to subrruttal for building permits,the followzmg shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the second page of all working drawing sets used for issuance of building permits (architectural, structural, electrical,mechanical and plumbing) (g «olfe\3 8tm) I4 ! W- b Points of interest architectural, landscaping recreational and sculptural),seating areas and functional pavilions shall be incorporated within the overall pedestrian promenade, Spine Road design theme A detailed plan specify ing the proposed design elements shall _ be submitted to the Planning Department for reN ie« and appro,.at by the Design Re,.ie« Board c Decorative street furniture and light fixtures shall be incorpora�ed vvzthin the i adov%larl. Specific Plan area(PA 1- PA 4) Street furnuture and ligh- fixture specifications and locations shall be submitted to the Planning and Public «orls Departments for review and approval by the Design Review Board d Names of streets shall be submitted to and approv ed by the HunUngton Beach Fire Department in accordance with City Specification No 409 (FD) e Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department f The Planning Department shall review and approv a the following 1) Enhanced architectural treatment for building facades visiole from public nght-of- way, open space areas and parks sites 2) Revised site plan and elevations as modified pursuant to Condition No 1 g The following Fire Department requirements shall be noted on the building plans 1) Fire lanes will be designated and posted to comply vvitli City Specification No 415 (FD) 2) Address numbers zvill be installed to comply with City Specification No 428 The size of the numbers will be sized a minimum of six(6)inches with a brush stroke of one and one-half(1-1/2) inches (FD) 3) On-site fire hydrants shall be provided in number and at locations specified by the Fire Department (FD) 4) Automatic sprinkler systems shall be installed in all units throughout Planning Area 3 and Planning Area 4 to comply with Huntington Beach Fire Department and Uniform Building Code Standards Shop drawings shall be submitted to and approved by the Fire Department prior to installation (FD) 5) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) 6) The project will comply will all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay districts (FD) (;�volfev 3tm) 15 h Residential types .,Lructure� on the .icject prop:r< attached or detached, shall be constructed in compliance«ith tr,e S ate acou-ILical standards set forth for units that lie «ithin the 60 Cl\'H contosrs of t1e p,opert-, E, id,rice of compliance shall consist of submittal of an acouz-tical anal)sip report and plans prepared under the supervision of a person experienced in the field ofa,oastical engineering «-ith the application for building permit(s) (Code Requirement) i A detailed soils analtisis shall be p e:)a,ed by a registered Soils Engineer and submitted v,ith the building permit applicatio-i This ariahais shall include on site soil sampling and laboratory testing of matenals to pros ide deviled recommendations regarding grading, foundations retaining '"alL, streeu utilities and chemical and fill properties of underground items including btiriea pipe and concrete and the protection thereof (Code Requirement) J An engineering geologist shall be err=aged to submit a report indicating the ground surface acceleration from earth mo%ement for the subject property All structures within this development shall be constructed in compliance vats the g-factors as indicated by the geologist's report Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for rep iew prior to the issuance of building permits (Code Requirement) k Floor plans shall depict natural gaz a-id 220% electrical shall be stubbed in at the location of clothes dryers, natural gas shall be stubbed in at the locations of cooking' facilities, water heaters and central heating u.-uts 3 Prior to issuance of grading permits,biockv all/fencing plans shall be submitted to and approved by the Planning and Building Department Double v alls shall be discouraged If double «ails are proposed, evidence tna the adjacent property owner does not agree to have their existing wail remoi ed shall be swbrzitted In addition,the double walls shall be designed kith the narro«ebt separation possible and shall include lighm eight fill into the gap to reduce crevice areas Prior to the construction of any ne%N %alls, a plan must be submitted identifying the removal of any existing% alls next to the necN ctialls, and shall include approN al by property owners of adjacent proper-ties The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and drainage The height of the required noise attenuation«all along the southerly project boundary, adjacent to the Meadowlar,,Plaza,shall be measured from the highest adjacent grade 4 Prior to issuance of building permits,tree followZng shall be completed a Submit copy of the revised site plan floor plans and elegy ations pursuant to Condition No 1 for review and approval and inclusion in the entitlement file to the Planning Department b A Landscape Construction Set mu�L be submitted to the Department of Public`Yorks and approN ed by the Departments of Public tiVor',s and Planning The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect«hich identifies the location, type size and quantity of all existing (, «otfev-3cm) 16 plant may , t- remain existing plant material be Semov ed and propo,ed plant materials in tion pl?-i a grading plan, an aov( ,ate plan and a copy of the entitlement conditions of aoproval c The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdiv ision Ordinance and applicable Design Guidelines Any etisting mature trees tha must be removed shall be replaced at a tvvo to one ratio (2 1) with minimum 36 inch boy tree, and shall be incorpo-ated into the projects landscape plan (Code Requirement) d The Final Map shall be accepted by the City Council recorded with the Oranee County Recorder and a copy filed vv-ith the Planning Department (Code Requirement) e T'ne property owner shall sign, notanze, and record vv-ith the County Recorder a covenant assuring that the single fa_ruly residences -will be maintained as one(1) dwelling unit f The developer shall submit a separate utility plan showing vv ater sv stem improvements, including service connections to each building, fire hydrant, vales backflovv, devices anc other appurtenances in accordance with applicable U P C , City Ordinances, Public `Yorks Standards and Nti aver Division design cntena These plans shall be approved by the Public Works Water Div ision and the Huntington Beach Fire Department prior to any construction (P W) An intenm Parkin-and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent proper-Lies will not be impacted by their location The applicant shall obtain any necessary encroachment permits from the Department of Public'Works h Submit a letter of map rev ision from FEMA declaring the lot(s) exempt from floodplain requirements or submit a copy of completed FENLk Elevation Certificates)for each unit to the Planning Department i Public park improvement plans for the 3 2 acres must be rev ievved and approved by Public NVorl s and Community Services Staff, and Commuruty, Services Commission- j Affordable Housing Plan shall be approved 5_ During construction,the applicant shall a Use vtiater trucks or sprinkler systems in all areas where v ehicles travel to keep damp enough to prey ent dust raised-hen leaving the site b Vet down areas in the late morrung and after vv ork is completed for the day, c Use love sulfur fuel( 05%) by weight for construction equipment, d Attempt to phase and schedule construction activities to av oid high ozone days (first stage smog alerts), (_«olfe\3 sc-,) 17 e Discontinu,n- -uction during second stage smoeer-V 6 Prior to final building permit inspection and approval of the first residential unit, the follo%ving shall be completed a The applicant shall obtain the necessar} permits from the South Coast Air Quality Management District and submit a copy to the Planning Department b All improvements to the p-opera shall be completed in accordance with the approved plans and conditions of appro,.at specified herein including 1) Fire lanes w ill be designated and posted to comply with City Specification No 415 (FD) 2) Address numbers Nall be installed to comply with City Specification No 428 (FD) 3) On-site fire hydrants shall be provided in number and at locations specified by the Fire Department (FD) 4) Automatic sprinkler sy stems shall be installed in all units throushc ut Planning Area 3 and Planning Area 4 to comply with Huntington Beach Fire Department and Uniform Building Code Standards (FD) c Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department d All building spoils, such as unusable lumber, wire pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them e The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil yells and site restoration (FD) f The project wall comply-till all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for nesr construction within the methane gas overlay districts (FD) g If the lots are not considered exempt by FEMA,a second elevation certificate shall be submitted to the Planning Division for each unit'as built." h All public infrastructure improN ements,perimeter,streetscape,commuruty open space and greenbelt areas,public park and Norma Gibbs park extension and other required landscaping improvements shall be completed prior to the first move in Private infrastructure shall be constructed per the approved phasing plan- 7 The project shall comply with Negative Declaration No 97-21 mitigation measures unless superseded by more restnctil-e conditions of approval (�«01feV-3tm) 13 8 The P anninE ector en:>ure-� that all conditions of ap %al herein are complied v ah The Plann rig Dtre s be notified in«-riting if any cha Qes the site plan elegy ations and floor Z)lans are proposed as a result of the plan check process Building permits shall not be issuee until tie Planning Director has rep,ie«ed and appro-,ed the proposed changes for confo-mance%vitn the intent of the Planning Commissions action and the conditions herein _ If the proposed changeb are of a subztantial nature an amendment to the original entitlement re,.ie«ed b) the Planning Commission may be required pursuant to the HBZSO 9 Appro, at of Conditional Use Permit No 97-80 is continent upon approval of Zorung Text Amendment\ro 97 A and Zoning Map Amendment No 97-1 bs the Cit} Council, and shall become effective 30 da)s after the adoption of the Ordinance adopting the Meado«lark Speci:ic Plan amendments and following the ten day project appeal period IN-FOR%I-kTIO\ ON SPECIFIC CODE REOUIREIVIENTS 1 Conditional Use Permit No 97-80 shall become null and void unless exercised within one )ear of the date of final appro,,al or such extension of time as ma" be granted by the Director pursuant to a«Titter request submitted to the Planning Department a minimum 30 day s prior to the expiration date 2 The Planning Commission reserves the right to revoke Conditional Use Permit No 97-80, pursuant to a public hearing for re,,ocation, if any violation of these conditions, Meadowlark Specific Plan,or applicable sections of the Huntington Beach Ordinance Code,Zoning and Subdivision Ordinance, or Municipal Code occurs 3 All applicable Public`Yorks fees shall be paid (PNV) 4 Traffic Impact Fees shall be paid prior to issuance of a Certificate of Occupancy (PNV) 5 An encroachment permit shall be required for all work within the right-of-way (PNV) 6 A Cea ficate of Occupancy must be issued by the Building Department prior to occupy of building on tree project site 7 Park a-rid Recreation fees shall be paid prior to approval of the Final Map by the City 8 State-mandated school impact fees shall be paid prior to issuance of building permits 9 The development shall comply with all applicable provisions of the Municipal Code, Building Division,and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances,and standards, except as noted herein 10 Development shall meet all Iocal and State regulations regarding installation and operation of all underground storage tanks (FD) 11 Constuction shall be limited to Monday- Saturday 7 00 Aim to 8 00 PM Construction shall ce prohibited Sundays and Federal holidays (�wolfe3 8cri) 19 t+�ae � S+tr + tl ( ` + r r �}� ' • p�� ��y , f �k4;}[�y` � �1 � �r+,+x '� � ���' ' ' , , r �► �.���E . Subdivision Agreement Final Map No 15469 • 4 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC, FOR TRACT NO 15469 TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Arterial Highway Improvement 2 3 Guarantee 2 4 Plant Establishment Work 3 5 Improvement Plan Warranty 3 6 No Waiver by City 3 7 Costs 3 8 Surveys 4 9 Improvement Security 4 10 Indemnification Defense Hold Harmless 5 11 Insurance 6 12 Nonperformance and Costs 7 13 Record Map 8 r • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC FOR TRACT NO 15469 t,d ��a This Agreement ( Agreement ) is entered into this 3 day of 44" by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of Delaware hereinafter referred to as "CITY, and CATELLUS RESIDENTIAL MEADOWLARK LLC, a Delaware limited liability company owner, by CATELLUS RESIDENTIAL GROUP INC a California corporation its member, hereinafter referred to as 'SUBDIVIDER " RECITALS WHEREAS SUBDIVIDER is the owner of a tract of land in CITY which it is seeking to subdivide into lots and to dedicate certain streets alleys and other improvements therein to public use, and is about to file with CITY a map of the tracts of land known as Tract No 15469 and Tract No 15469 and As a condition of the approval of and prior to the recordation of said subdivision map SUBDIVIDER is required to improve and dedicate the streets and alleys and to perform certain other improvements in said subdivision, and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work, to agree to perform said work as herein provided, and to execute and deliver to CITY bonds for the faithful performance of said agreement for the payment of all labor and material i i connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done or defective materials furnished as required by Sections 66499 and 66499 3 of the California Govef nntent Code of the State of California and Chapter 225 of CITY's Zoning and Subdivision Ordinance 1 g/agree/subd% Catellus15469 12/06/99 • s NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows 1 GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do perform and pay for the following work in said tract - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to the construction of streets including excavation paving curbs gutters sidewalks, trees and landscaping, sewers, including construction of main lines and lot laterals and structures, street lights street signs, construction of domestic water systems including the construction of water mains, services and installation of meters engineenng costs and any other deposits fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer All of said work shall be done and performed in accordance with plans specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets alleys and other improvements and said work shall be completed on or before two (2) years from the date hereof unless the tract map conditions require an earlier completion date and all labor and material bills therefor shall have been paid by SUBDIVIDER CITY may withhold all occupancy permits until completion of improvements 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements including penmeter walls and landscaping required by conditions of the tract map or provide bonding of pnor to release or connection of utilities for occupancy for any lot in the Tract 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of saine 2 g/agree/subdv CatellusID469 12/06/99 • • 4 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants replacing unsuitable plants performing weed rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants Said plant establishment work shall be performed for a penod of one (1) year from and after the date of City Council acceptance of the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or dunng the one (1) year guarantee period said improvement plans prove to be ii adequate in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or materials or statemert(s) by any officer agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials, or payments therefor or any combination or all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed nor shall CITY thereby be stopped from bringing any action for damages ansing from the failure to comply with any of the terms and conditions hereof 7 COSTS SUBDIVIDER shall pay when due all the costs of the work including inspections thereof and relocating existing utilities required thereby 3 g/agree/subdv Catel1us15469 12/06/99 8 SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement SUBDIVIDER shall pursuant to California Governnient Code Section 66499 and the Huntington Beach Zoning and Subdivision Ordinance provide as security to City A Faithful Pei formance For performance security in the amount of Eight Hundred Three Thousand Three Hundred Dollars ($803,300) which is one hundred percent (100%) of the estimated cost of the work Such additional security is presented in the forin of ash certified check or cashier s check c table corporate surety bond, or Acceptable irrevocable letter of credit With this security SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two (2) years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance B For Labor and Material Security in the amount of Four Hundred One Thousand Six Hundred Fifty Dollars ($401 650), which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of Cash certified check or cashier s check 4 o/atree/subdv Catellusl�469 12/06/99 • • ✓/r�"�ceptable corporate surety bond or Acceptable irrevocable letter of credit With this security SUBDIVIDER guarantees payment to the contractor to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER SUBDIVIDER may during the term of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney, however any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time 10 INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend hold harmless and indemnify CITY and its elective and appointive boards commissions, officials, officers agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury death property damage inverse condemnation or any combination of these and resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement,but save and except those that arise from the sole active negligence or willful misconduct of CITY The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision or has insurance or other indemnification covering any of these matters 5 q/agree/subdv Catellus15469 12/06/99 • 0 11 INSURANCE In addition to SUBDIVIDER s covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage Said policy shall indemnify CITY its officers agents and employees while acting within the scope of their duties against any and all claims arising out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of$1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1 000 000 for this project Said policy shall name City of Huntington Beach its agents officers employees and volunteers as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER s insurance shall be primary Under no circumstances shall said above mentioned insurance contain a self insured retention, or a deductible or any other similar form of limitation on the required coverage Prior to commencing performance of the work hereunder SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carrier and policy 2 shall state that the policy is currently in force, 3 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY 6 g/agree/subdv Catellusl5469 12/06/99 • 0 4 and shall state as follows The above detailed coverage is not subject to any deductible or self insured retention, or any other form of similar type limitation SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is frilly completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement CITY shall at all times have the right to demand the original or a copy of all said policies of insurance SUBDIVIDER shall pay in a prompt and timely manner the premiums on all insurance hereinabove required 12 NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement and subsequent extensions or fails to maintain the work C11 Y may proceed to complete and/or maintain the work by contract or otherwise and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including but not limited to engineering inspection surveys contract overhead, etc ) immediately upon demand SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces including contractors in the event CITY proceeds to complete and/or maintain the work Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY even if SUBDIVIDER subsequently completes the work Should CITY sue to compel performance tinder this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney s fees and all other expenses of litigation incurred by CITY in connection therewith even if SUBDIVIDER subsequently proceeds to complete the work 7 g/agreL/subdv Catellus15469 12/06/99 13 RECORD MAP In consideration hereof CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and and year first above written CATELLUS RESIDENTIAL MEADOWLARK, CITY OF HUNTINGTON BEACH, a LLC a Delaware limited liability company Owner municipal corporation of the State of BY CATELLUS RESIDENTIAL GROUP California INC a California Corporation Its Member By Mayor Bruce T Lehman-Executive Vice President AND ATTEST By & /?�� Kenneth R enson, Assistant Secretary City Clerk REVIEWED AND APPROVED APPROVED AS TO FORM City Administrator C"yttorney INITIATED AND APPROVED City Engineer 8 g/agree/subdv Catellus15469 12/06/99 ACO DM CERTIFICAWE F LIABILITY INSV CE DATEIMM/OD— OFD/YY) 9/14/99 PRODUCER G\ �� V�� _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services Inc of FZwe y-to 60 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OF Southern California ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 95 Town Center Drive, Ste 500 COMPANIES AFFORDING COVERAGE Costa Mesa CA 92626 COMPANY 714-641-8355 TT/+ D--, A Evanston Insurance Co INSI.a.P1-�W geMdent IAl �QW�, 1 a�., Cate 1�L LlL� COMPANY l.� B Insurance Co of State of PA GrCxlp, Catellus Residentsal �LStrLFCti0i1, Inc Jamboree Center COMPANY C 5 Park Plaza, &nte 400 �m, A 92614 ��a� COMPPANY COVEFIAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 0 0 0 0 0 C A X COMM ERCIAL GENERAL LIABILITY 99GLP1003258 3/01/99 3/01/00 PRODUCTS COMP/OPAGG $ 100000C CLAIMS MADE a OCCUR PERSONAL&ADV INJURY $ 1000000 OWNER S&CONTRACTOR S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one I re) $ 50000 MED EXP(Any one pe son) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS APPROVED AS TO FO /t (Per pe so ) S HIRED AUTOS GAIL HUTTON, City Attorney BODILY INJURY S NON OWNED AUTOS Dep-qty City Attorney (Pe acc dent) PROPERTY DAMAGE S GARAGE LIABILITY / AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 30000000 B N UMBRELLA FORM 42996083 3/01/99 3/01/00 AGGREGATE $ 30000000 OTHER THAN UMBRELLA FORM Retention $ 25000 WC STATU OTH WORKERS COMPENSATION AND TORY LIMITS E EMPLOYERS LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE 1 S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL p MAIL P O BOX 190 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Huntington Beach, CA 92648 - 9 rim AUTHORIZED R S • 000027000 I 75 ACORD 25 S (1/951 ©ACORD CORPORATION 1988 4OL;t� �-Zo 40 POLICY NUMBER 99GLP1003258 CONENIERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (Including"Primary"Wording) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Huntington Beach and its elective and appointive boards, commissions, officers, agents and employees P O Box 190 Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organisation shown in the Schedule, but only with respect to liability ansmg out of or related to 'your work or its supervision for that insured by or for you PRIMARY INSURANCE It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss or liability ansing directly or indirectly from the insured's operations and any other insurance maintained by the additional insured shall be non-contributory with the insurance provided hereunder APPROVED 4S TO FOR,d QTUL ITT TOIN City Attorney Dy DepuFy Citi Attornei f12-0 AI-Pnnary CG2010p(11-83) E p Bonds Final Map No 15469 BOND NO 929128422 PREMIUM $4,418 00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California,and Catellus Residential Group, Inc (hereinafter designated as"principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated , 19 , and identified as project Tract 15469 ,is hereby referred to and made a part hereof, and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. ` Now,therefor,we,the principal and National Fire Insurance Company of Hartford as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal SUM of Eight Hundred Three thousand Three Hundred------dollars ($803,300 00------- lawful money of the United States for the payment of which sum well and truly to be made,we bind ourselves, our heirs successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation Is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify r and save harmless"City", its officers agents and employees,as therein stipulated then this obligation shall become null and void,otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's tees incurred by' City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered �O TO r'()r rpl }' AtIorno. 1 Ltoznoy, 0 0 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change,extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named on December 2 1g 99 C:atPl I111R RPSi nYi al C;rniip, Tnf-_ , as Principal BV )�—. -11c-,,'OtaA -&q- Sct-('La4l� B � Jb' as Surety of Ha tford By Nancy L Ha 1ton.1 Attorney-in-Fact By Three Embarcadero Center, Suite 450 San Francisco, CA 94111 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ONs C GP� � BEFORE ME, LA A NOTARY PUBLIC D IC IN AND FOR SAID STATE,PERSONALLY APPEARE PERSONALLY KNOWN TO ME ( Y€VIDEMCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATUR MY PRINCIPAL PLACE OF BUSINESS IS NOTARY P BLIC IN AND FOR SAID STATE IN OCR- COUNTY b ,--,IBC- o� 1 a-�-�►� �y (NAME PRINTED) MY COMMISSION EXPIRES UNDA M FLANNELLY Commission# 1164891 Notary Public Califamb Orange County MyComm Expxes Dec a 2001 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS iS NOTARY PUBLIC IN AND FOR SAID STATE IN I COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 807501 3 BOND NO 929128422 PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and Catellus Residential Group, Inc (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 19 . and identified as project Tract 15469 is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work,to fife a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Tide 15 (commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now,therefore,said principal and the undersigned as corporate surety are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,matenalmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Four Hundred One Thousand Six Hundred Fifty dollars ($ 401,650 00--------------------- ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, In addition to the face amount thereof costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by"City'in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 1S (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be MIN performed then this obligation shall become null and void otherwise It shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specificabons accompanying the Same shall in any manner h �c - � 9090 f' V 1 OI nAv. 0 0 affect its obligation on this bond, and it does hereby waive notice of any such change,extension,alteration or addition In witness whereof,this Instrument has been fully executed by the principal and surety above named,on December 2 , 19 99 Catellus Residential Group, Inc .asPnneipal BY Af zM By -g; VP Natio al Fire Insuran e Company of Ha d aS SUrety By 11ancy L Ham lton, Attorney-in-Fact By Three Embarcadero Center, Suite 450 STATE OF CALIFORNIA ) San rrancisco, CA 94111 SS COUNTY OF ORANGE ) ON c (0, 1 Of a 9 . BEFORE ME, A NOTARY PUBLIC INAND FOR SAID STATE, PERSONALLY APPEARED IL(/Yl 1� c )(' Sn'1 AND S�lc� ��►rnG�� , PERSONALLY KNOWN TO ME -EVDEN E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT WITNESS MY HAND !�f SIGNATURI MY PRINCIPAL PLACE OF BUSINESS IS NOTARY P BLIC IN AND FOR SAID STATE IN l c _ COUNTY LA 0, (NAME PRINTED) MY COMMISSION EXPIRES 1 ate_ I UNDA A&FLANNELLY STATE OF CALIFORNIA ) commission# 1164MI ) SS Notary Public Califarnh COUNTY OF ORANGE ) Orcnge county AAy Comm Expires Dec 9�Ql ON . BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES mot 2 8090 • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco On December 2, 1999 before me, Ann Anthony, Notary Public DATE NAME TITL=OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument AN'A; WITNESS my hand and official seal 9myCOMM #1179094 NOTARY PUBLIC CALIFORNIA .`. SAN FRANCISCO COUNTY Comm Expires Apr 10 2002 SIGNATURE OF NOTARY ----_1 / - OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond No 929128422 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER December 2, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSONS)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation (herein collectively called the CCC Surety Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 24th day of September 1999 GASU CONTINENTAL CASUALTY COMPANY ��Ty 1MSUgq�c v0�"0ty' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA g CppPORATE Qv Cl `N('OINCR4jlD .�) SEAL Ap^ ,/LSt JULY 71V 1897 NAf11F 6 • Marvin J Cashion Group Vice President State of Illinois County of Cook ss On this 24th day of September 1999 before me personally came Marvin J Cashion to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corpo ations "OFFICIAL SEAL' • • DIANE FAULKNER � Notary pLtac. guts of Illinois • • My ConwWsswn 6c k"9/17/01 My Commission Expires September 17 2001 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2nd day of December 1999 AkSCONTINENTAL CASUALTY COMPANY G war IMSUR4,�,, y`o�,vaWat NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 1 o .r�a,zrcaar� AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA GpgPOAA7E Q ( //� Y ; ¢ w IULY 71 L) SEAL < = 1902 s ca,.� 1897 MARZF b • Mary A Ribikawskis Assistant Secre ary (Rev 10/1/97) • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco On December 2, 1999 before me Ann Anthony, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument ANN ANTHONY WITNESS my hand and official seal COMM #1179094 - NOTARY PUBLIC CALIFORNIA .`. SAN FRANCISCO COUNTY of; My Comm Expires Apr 10 2002 SIGNATURE OF NOTARY 7 OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond No 929128422 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER December 2, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave PO Box 7184 Canoga Park CA 91309 7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL AORNEY-IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation(herein collectively called the CCC Surety Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 24th day of September 1999 CONTINENTAL CASUALTY COMPANY 4 a01 } *SUR y� ` vAN+oe NATIONAL FIRE INSURANCE COMPANY OF HARTFORD l C% `� g AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA A ti y Apot, V JULY 11 v SEAL �r f � < 1902 � a 1897 kARli d� Marvin J Cashion Group Vice President State of Illinois County of Cook ss On this 24th day of September 1999 before me personally came Marvin J Cashion to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations 'OFFICIAL SEAL' DIANE FAULKNER � Notary Pubic. Outs of 1,1Ilnols • My Cwnim1ssyon Ewpirss 9117101 My Commission Expires September 17 2001 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2nd day of December 1999 GAS *SUR M o� CONTINENTAL CASUALTY COMPANY �ty� ,Hcf y' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD GopPOAAYp �r� Q AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA �oagTF6 � ///r�/ 2 n JULY 71 �/�v SEAL `i� i I9o2 — C paij—ae,� 1897 HARZF Mary A Ribikawskis Assistant Secretary (Rev 10/1197) BOND NO 929128423 PREMIUM $110 00 MONUMENT BOND KNOW ALL MEN 8Y THESE PRESENTS THAT Catellus Residential Group, Inc as Subdivider of Tract No 15469 in the City of Huntington Beach,County of Orange,State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate That said Catellus Residential Group, Inc (Subdivider) as principal and National Fire Insurance Company of Hartford as surety hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map in accordance with said map and said certificate up to but not in excess of the sum of Twenty Thousand $ 20,000 00------- in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms conditions and provisions of Article 9 Chapter 4 of the Government Code of the State of California IN WITNESS WHEREOF,we have executed this instrument this end day of December . 19 99 Catellus Residential Group, Inc , as Principal By By Natio al Fire Insurance Company of Hartford , as Surety BV &'t�n )�e HMV4&' ancy L HAilton, Attorney-in-Fact By Three Dmbarcadero Center, Suite 450 San Francisco, CA 94111 � f r�rneg �toznoy 809201 r � • STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON QecE H.RER h, lT 9 9 9 , BEFORE ME TOA AJI E rI AI R 1 p CA?T�RSo A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED- End REA)so, ) AND Aaoc F Et/mil Al PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PU IC IN AND OR SAID STATE IN 09AA)&.6 COUNTY / (NAME PRINTED) MY COMMISSION EXPIRES /J-8-O/ JOANIE MADRID CATTERSON COMMission# 1164873 Notary Public California y Orange County emycomm Expires Dec 8 2001 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 809201 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT No o907 State of California County of San Francisco On December 2, 1999 before me, Ann Anthony, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument ANN ANTHONY WITNESS m and and official seal COMM #1179094 c s NOTARY PUBLIC CALIFORNIA SAN FRANCISCO COUNTY or My Comm Expires Apr lO ZOO2 SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond No 929128423 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER December 2, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 01309 7184 r 0 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation (herein collectively called the CCC Surety Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed nereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and autnority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 24th day of September 1999 CONTINENTAL CASUALTY COMPANY �P�G/�Su�CJy U1SUR4 �od`°I'�"0`9r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA OOgPORAre O G� c / Z D � n u JULY 71 AP,441 /V/// � SEAL � .-s � < � 1902 a _ \ 1897 HAR1F 6 • Marvin J Cashion Group Vice President State of Illinois County of Cook ss On this 24th day of September 1999 before me personally came Marvin J Cashion to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations 'OFFICIAL SEAL' DIANE FAULKNER � Notary pupfb, &ats of tNnois • My Coerrisaion Exom 9117/O1 My Commission Expires September 17 2001 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2nd day of December 1999 CONTINENTAL CASUALTY COMPANY �P�G WET` SNSUR4yc �o ►'+�� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA OORPORArF Z D /ULY ]I �U SEAL 2 19C2 a 1897 MAR1F b • �' Mary A Ribikawskis Assistant Secretary (Rev 10/1/97)