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Final Tract Map No 15838 - Portion of Tentative Tract Map No
RECEIVED BY ` CITY CLERK RECEIPT COPY Return DUPUCATEto (Named �— C sign ng/datm (Date) e hz- TOCITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Shari Freldennnric�yhC�rPty Treasurer FROM C t I ��s N k s r� i✓`- DATE bs- SUBJECT Bond Acceptance have received the bonds for C'j'o"s S'c 'Y'�� �� (�'�eQ.aFo s c�� 1 )--LC (Company Name) Faithful Performance Bond No en s Sol %0 2- 00 Labor and Material Bond No 3 SrY1 9 �0 y 00 Monument Bond No �5 m 960 10 00 Maintenance Bond No 3 S n) q 6D � Q U O Re Tract No I �a 3 (�� t o �y0 CC No MSC No Approved 5 �' -03 Agenda Item No t D (Council Approval Date) City Clerk Vault No 1s tt 9 g/iah/bondietter doc 1! • City of Huntlna on 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 American Motorists Insurance Company 1 Kemper Drive Long Grove IL 60049-0001 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# 15838 Faithful Performance Bond No 3SM96018200 Labor& Material Bond No 3SM96018200 Monument Bond No 3SM96018300 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 William Lyon Homes Inc 4490 Von Karmen Ave Newport Beach CA 92660 Robert F Beardsley Director of Public Works (no attachments) Connie Brockway City Clerk (no attachments) G\Joyce\SHARI\LETTERS\Bond Release Letters\Bond release TR15838 DOC 1 • • �, CITY OF HUNTINGTON BEACH IJ, 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 16 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 CMC City Clerk Enclosures 1 Original Agreement 2 Copy to be conformed Re William Lyon Homes Inc Acceptance of Public Improvements Tract 15838—approved by Council May 5 2003 (Telephone 714 536 5227) LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTL4GTON BEACH DATE S - TO k 1 l l k C-^N" �40'SJ H )1e-g e, ATTENTION Name 4 go vo-rg DEPARTMENT Street C{ 9 -,1- 6LO - REGARDING -(Y'exu" City State ZIP See Attached Action Agenda Item l Date of Approval - S- r,3 Remarks / TKA S I n S tc, �0 ('20 -n Connie Brockway f City Clerk 1'�C,�•�1T f�'� CIA �� f`�✓` Attachments Action Agenda Page Agreement _ Bonds �_ Insurance 4- RCA Deed Other cc 46c--� 3" -)) (eLt w A I,/ Name rl -- ej Q� I J Department RCA Agreement Insurance Other 11 You I hC c.-c.—OL V"t Y'{ OC 0�_ cL N e Department RCA Agreement Insurance Othe^r Name Depa ent RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Insurance g/followupAetters/coverltr doc • RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to (Name) after signing/dating (Date) A CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shan Freidenrich Crty Treasurer FROM �� (s,✓Ic—S ��T� �— DATE f1 S� — _ C 3 SUBJECT Bond Acceptance I have received the bonds for r (Company Name) Faithful Performance Bond No 3 sm C1ls0 1 0t7 C Labor and Material Bond No 3 Sm 9 �0 IDS 1- 00 Monument Bond No �5 M 9 Lo 010 C or Maintenance Bond No 3 S m 1 6 0 � �l aC I pvl o r.rr Re Tract No �� 3 CC No MSC No Approved 5 S —D 3 Agenda Item No 0 (Council Approval Date) City Clerk Vault No 1+)-D g rjah/bondietter doc 160 Council/Agency Meeting Held Deferred/Continued to pproved ❑ Conditionally Approved ❑ Denied City Clerk s Signature Council Meeting Date May 5 2003 Department ID Number PW 03-026 N CITY OF HUNTINGTON BEACH _ REQUEST FOR ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administratorp�J PREPARED BY ROBERT F BEARDSLEY Director of Public Works ' SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 15838 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue William Lyon Homes Inc a California Corporation the developer of Tract No 15838 located north of Warner Avenue east 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 Funding Source Not applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 15838 and 2 _Release the Faithful Performance/Labor and Material Bond No '3SM96018200 and Monument Bond No�SM96018300 pursuant to California Government Code Section No 66499 7(b), and 3 Acce t the Guarantee and Warranty Bond No-/3SM96018200-A the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer and 4 Instruct the City Clerk to notify the developer William Lyon Homes Inc a California Corporation of this action and the City Treasurer to notify the Surety American Motorists Insurance Company of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Alternative Action(s) Deny the recommended action IREQUEST FOR ACTION • MEETING DATE May 5, 2003 DEPARTMENT ID NUMBER PW 03-026 Analysis On January 3 2000 the City Council approved Final Map No 15838 and accepted bonds from William Lyon Homes Inc a California Corporation the securities furnished for faithful performance labor and material and monuments The developer William Lyon Homes Inc a California Corporation 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 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 developer has provided Guarantee and Warranty Bond No 3SM96018200-A as security Following is a list of project data Subdivider William Lyon Homes Inc a California Corporation 4490 Von Karman Avenue Newport Beach CA 92660-2008 Engineer MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92614 Title Co First American Title Insurance Co 114 E 51h Street Santa Ana CA 92702 Surety American Motorists Insurance Company 1 Kemper Drive Long Grove IL 60049-0001 Location North of Warner Avenue east of Plaza Lane Lots 113 numbered lots 12 lettered lots Acreage 13 253 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) Attachment(s) NumberCity Clerk's Page 1 Location Map 2 Guarantee and Warranty Bond No 3SM96018200-A 3 Acceptance of Public Improvement Form RCA Author J Claudio 03 026 May 5 Claudio(Tr 15838 Bond Release) 2 4/15/2003 1 25 PM ATTACHMENT 1 • • LOCATION MAP TRACT 15838 LANE HEX AVE U 2 �o.Fcr X arm WARNER AYE W a SLATER AVE Mtm ! - HTS ATTACHMENT 3 - DPW-Ch.-kU1.9.I Recoiding requested by and when recorded return to Connie Brockway City Clerk Recorded in Official Records County of Orange Otfice of the City Clerk Tom Daly Clerk Recorder PCITY OF HUNTINGTON O Box 90—2 00 Man�Eeet H !IIIIII VII!ilill lllll lllll llll!illll lllil lilll llll�lllll l!II�IilII NO FE E Huntington Beach Ca 92648 200300061434109 00am 05128103 110 79 A04 1 0 (10 0 00 0 00 0 00 0 00 0 00 0 00 0 00 (Space above this line toi Recoider s use only) I ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance 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 s itisfactory and accepted as limited by Huntington Beach Zoning and Subdimsion Ordinance Section 255 2 2(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 15838 Public improvements constructed consist of the domestic water system and appurtenances within the private sueets-- -- — -- - -- - - --- - -- The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at the May 5"' 2003 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest 20 o3 City Clerk and Ex officio Clerk of the City Council Ot the -ity of Hui ington Beach California I By Deputy This document is solely for the offlclal business of the City CIT OF UN ING N BEACH of Huntington Beach as contem- plated under Government Code - - — _ free 6103 and of chargeshould be recorded by ity E meet AJ In H\Bonds\Tract 15838\Tract acceptance form doc ATTACHMENT 2 • 10-7n—c 3SM 960182 00—A n Perf Bond GUARANM AND WARRANTY BOND William Lyon Homes, Inc , WHEpEA9, a California corporation Ls alit and American Motorists Insurance Companyg carporakm wgwmd render Me Iaa of tt Stah of Illinois and duly aa$wr>zed to do bL a In the Stabs of CaQfrsrsts,as Surety,are held and tiR*t> tMb3 the CrtynfHwogton Bach Ca0w*as pb%e ht fhepermla�rr of One Hundred Thirty Five Thousand Five Hundred & No/100ths ($135,500 00) .,._:rta�rttng 10 peroertt of the pr1� ert�d inia between the Prtrrdpal and Ob9ges,to which payment wed and tialyto be cneda ire do bald mmelves,and each of our netra,m wW%admashhus,strrremm and eaatgn9 jol*and metadtr YVtiE M4 the said prtrrcrpal entered info a corrtraotwitir so ONVM dated 12/9 9 for wodc desu ed as fo0cxrs Tract #15 8 3 8 Avalon WHEREAS,said cmbad pmvMw Stet the Pritdpal wlil famtah a band tamed b guarantee and warrarit for he pwad of one year alter metple8on of the work end a=eptarm thereat by the Obimee aprmt all defeds rn worimarrsh p and matermb it*g saki one year 1ubi WHEREAS,said work ho been wmp W.and&=ep%d by Cbligw on 4/0 3 NOW THEREFOM Ere Prindpal and 5uretjr,jointly and aevmral[SI AW hdemi*fie Obiigee for A km that the Obligee may s mWm by reason of any defective trob tak or workmutstnp wnteh becwrns apparent dung the period of one year ire and alter date of comple6on of work mud acceptance thereof by Obirges In witness whemof ft rrabrrment has been duly executed by to prrn gd and wraty etsamnamed,on, January 17 N LO03_ William Lyon Homes, Inc , a Ca),t-_f.RrrLia corporation asFdrickiiiGary S W3nsier APPROVED AS TO FORNJ Vice Pre l e n t 1E IFER McGRA11j,C*AjkSMV Carl S Morabito B.v Paul Ct Assistant Secretary AmdwAmerican Motorists Insurance CompAnff, as Surety By V ctoria R Campbe 1 Att rney—In—Fact 1 �CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT t - - - - - - - - - - - - - - - - - - - - - - -cl I I State of California � ss i �rhd County of Oria u (O �t On �ebr�0.r 2003--before me V S R 1J RL> N me T11e 19V g Ja e Do Lary P bl � personally appeared Gl�(' S WQa S a bl },I f�hf N m (s) ISgn ) I Zi personally known to me ❑ proved to me on the basis of satisfactory evidence ,J to be the person(s) whose name(s) is/are i subscribed to the within instrument and acknowledged to me that he/she/they executed f the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or i OFFICIAL SEAL the entity upon behalf of which the person(s) fj SUSAN E.MENAAD acted executed the instrument @,My NOTARY PUBLIC CALIFORNIACOORANGENCOUN34 t6 CWITNESS my hand and official seal Commission Exp Sept.5,2003 I S g ature f 1 ry P bl c OPTIONAL Though the Information below Is not required by law It may prove valuable to persons relying on the document and could prevent ) f(5 fraudulent removal and reattachment of this form to another document ,I Description of Attached Document Title or Type of Document QCQ 6—'e- ofu) Q_I I Document Date -So. 0.C V Irl,7D0 Number of Pages 2I� Signer(s)Other Than Named Above �S �9 Capacity(ies) Claimed by Signer Signer s Name 5a me Q S a�OY s ❑ Individual ((''� Top of thumb here R�Corporate Officer—Title(s) I C S t S JCS ) ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee 11h El Guardian or Conservator I ❑ Other Signer Is Representing W 11 1 VY1��{DIJ Si �-IJe i 0 1999 N t at N t ry A cat 9350 D E�-t A e PO B 2402 Chatsw rth CA 91313-2402 www at alnotary g P oa N 5907 R rd C 11 T[IF 1 800-87,M27 ST-%TE OF California SS COUNTY OF Orange On Ju l 7 013 before me Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl. edged to me that he/she/they executed the same in his/ he,/the r 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 J.at�l 1V�ROE Co the instrument mnlssian 1302485 N z •,� Notary Public Califamia Zz z Orange County WITNESS my hand and official seal hiyCounm f�qires ,ur 25�20W Signature Thcs area for Ofjirzal Notarial Seal 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 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 ENTn(IES) SIGNER(S) OTHER THAN N,+MED ABOVE ID 081 Rev 6/94 A T T Pr Tr Pnq P A C'TKN(1WT FT)C;FMFNT 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 15838 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 Clty Attorney) Not Applicable Subleases Third Party Agreements etc Approved as to form by City Attome 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 a2,�� City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author J Claudio • 1- 2; / 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 � l � 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 request is suf icient Thank you Connie Brockway City Clerk P bl >ear 255 Improvement 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 drain 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 Supply 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 Murucipal 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 Administrator, may at its discretion require a fee in lieu of the undergrounding If the undergrounding requirement along frontage streets is waives' the City Engineer may require the developer to install a service panel or ot; r acceptable 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 undergrounding project attributable to the subdivision The requirement for undergrounding 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 undergrounding of existing and proposed utilities impractical and c Overhead utilities will have no significant visual impact 4 If the undergrounding requirement is waived as allowed in subsection 255 04(G)(3) above an in-lieu 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 in a special account to be used as approved by the City Council for future undergrounding 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 tlus 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 i • Chapter 255 255-3 10/3/94 (7) J 3 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 admimstrators 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 J 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 Administrator 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 iB Supplementary Plans and Calculations Hydrology, hydraulic plans and calculations, i 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 • i Chapter 255 255 5 10/3/94 (7) 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 B�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 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 Chapter 2�5 255-6 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 tlus 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 Chapter 255 255 7 10/3/94 C Amount of Secunty 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 Iess 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 Security 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 applic2tion by the subdivider but in no case shall the security be reduced to less than 10 per,-nt 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 Secunty 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 Map 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 0 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) J \ i development of the surrounding area This findingshall be made b the City Engineer Y Y g 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 unit 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 subrruttal 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, J 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 • 0 Chapter 255 255 11 10/3/9.1 77 City Clerk Receipt Copy Return to Jeffrey Hughes (ext 5260) after signing I have received Faithful Performance Bond No 3SM 960 182 00—American Motorists Insurance Company Labor and Material Bond No 3SM 960 182 00—American Motorists Insurance Company Monument Bond No 3SM 960 183 00 —American Motorists Insurance Company Re Tract 15838—William Lyon Homes Inc Approved by Council on 01-03-00 City Clerk Vault File 420 60 J- G Dated-3 'L 0 - �- 9 co By ✓� �- v RECEIVED MAR 0 3 2000 Treasurer's Dept g/followup/bondietter doc 0 CITY OF HUNTINGTON BEACH I-jr 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 4�90" ow,0i'Ot/ Connie Brockway CIVIC City Clerk CB jh Enclosure Received by Date o G' 1 O g[jah/escrow pick up doc (Telephone 714-536-5227) i • L-A-bib CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE 03-03-00 TO William Lyon Homes , Inc ATTENTION Name 4490 Von Karman Ave DEPARTi\I[ENT Street Newport Beach, CA 92660 REGARDING Tract 15838 City State Zip See Attached Action Agenda Item E -7 Date of Approval 1—3—0 0 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks Connie Brockway City Clerk Attachments Action Agenda Page 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/coveritr (Telephone 714-536-5227) (8) 0 01/03/2000 Council/Agency 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 FROM COMMUNITY DEVELOPMENT Howard Zelefsky TRACT 1`TO 1'4 tom / PARCEL MAP INTO k y — �' 7pr�4 �O PARK AND RECREATION FEES PAID NYES � �i 4 85 I ODD ❑ NO OTHER P4 CAI—.l fa MnA S --��� ? #r-r., ps5cat— pt.�rJK for Ho,Aard Zelefsky Plarmng Director �• CITY OF HUNTI •red NGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Janelle Case Deputy City Clerk FROM Bruce P Crosby Civil Engineer Assistant SUBJECT Tract No 15838 (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-9933699 LOCATION N/O Warner E/O Bolsa Chica PHONE NO (714) 558-3211 J.�t,�2 P Crosby 37039 TR 15469 auth to record • 3 /tom�lOs-��Z��!Th i Council/Agency Meeting Held / safe ao 6o 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 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//r --406 ( 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 " J R�QUEST FOR COUNCIL ACTIR 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 ROQUEST FOR COUNCIL ACTION 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 REQUEST FOR COUNCIL ACTIR 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 � �` _ t gill FI � ��a 4a���L �` � � tY M • I yy��-'/��S\������{� ^lam/P'T� t d 1 Y • 1 M 1 � � N �y µ I Yia7L��F+l1�y'�iS�(I� 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 Offei 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 Treasurei (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 Faithful 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 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 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 0 • 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 fot the project f�. �M � {i�N'� Y �� r i� el i • , rt'1) 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T� JIL._�•� »{ SI�[[I Ili t in— — fie If1 Ife I Ile 111 111 I11 Ifl 117 Ilf 111 Ife If1 IH 111 111 111 7111 11 111 711 111 711 111 ,My ® m ani mm ®Q ®te7i © try O m© q t O �xD © Q at. / 1 1 "Iejfll�."r yM yw ^4'1 �lw� !SgM.rp`lV eSY Y• Y V yr+ '�� 1i v 1 —r1 ~ r ��"".7t 1 1`�'~ ►,a �)� a% �—C Y�--� 01r[ML�DD1Nt MEADOWLARK It I t R41J 119 ILNIiY Iq ua ro9►al to PLANNING AREAS 1-4 i I 1 u""11T "III", �ddd' =11011111 rJOYpro TENTATIVE TRACT NO 15469 _ TENTATIVE TRACT NO. 15469 '1 py�y�� irtyriur a ntvnern� 11lDV ..e"."I^e r1 r1� 1N_ •�M uetre eae i�1.wel.. CATELLUS t �--- �►r CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA SHFFT S OF n I wr.r.�r.Yu wrr Y r w w 1.1 arrwll W/rrN { fly ,I 1 IF If W IFI >.W I1Yr_ 12n 1 Kam' 3% 1 • �� — I W 1Rylwr•' 2 r -r�t-� Mi r A Q v ( p J ! r --+p '- PRIVATE STRC_ __ _-p c- _ � IVATC STREET) ►uxvnsj Y (r/►Jlnrin) I[ 1 •� � " t yl"NF' r IIYPIGALI}QT]H0.lA I��N.`.�/rsw�rwwrrr IYPICALPL017TiQPA2 AM AN q�.J 1 + / + + + I rr I�Y.. 1 {' rt rtl►M wpz " �! 1~� � 1 1 !` 1 + J I 1 �I N 1 r .Irr ■1 w 211 ]R IlR ` t ••� a�� - w`!" IS _`PRIVATE STREET) __ fw"•nn• w+lYl (W/o ruxrlts) p R (PRIVATE STREET -- (r/o rxlxrils)� - �- 7YPICALPLOTTHO PA_i SIILSUMRY IA 11u i Y Y Y+ /.lur n n Y.w1 .,rr >!4 R ,,.��1_ TYt7CALROUHUA_4 " Y-4 ti+1 1 0Y 'fi LY I♦ wr Y M lJ — 9�yy 1 w w 1 Irf. u w Yr{r'rr�w IbIll h —- ... • is irixttt MLtA 1 MJJ J. F 1' O11TiLd row wrr wrr rrw r rl /.. rw.r r�r r y A /V IL I rrw..r 1 w �, Y{1"1 .• _T'"-•. 11 r ervrinrrr� NMM -• �-•• • 1 1 N W s1! • �i.-•rNr � `-.-.rr..� .� AP LIt:A1IL.tt- + wJ./r ■ ('� � w..r p�Iwl 1wIM 1�.�'1}.�rr'Y�"' �.-�."' .� ''' ..^:YY{..auo. wr1 �/ _ '�....�.r..N r..... N /1�}1 ifn h Fi. CATLLLUS ��r_ M i ��/f�c ' 1 1 11 � I -!+� C .ter. /Ir///V ~Jr�r�1rlri J rJ �' f w /. J N N ly J) - - Y"y�++ .'Nr •r.r Ya I ._.. .-�. ..... ._IYw r �, 1r,'III 1 C, I ..� ...=1 � 1 n r u{ I_n�� " bl MEADOWLARK w+ V N \ Y I J I J 1 1• I �`.. r "-.0: w l-� .{1 w-�.... � PLANNING AREAS 1-4 TENTATIVE TRACT NO 15469 TECHNICAL SITE PLAN CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA I SHEET 1 OF 9 wal It fujill Ulll i 111Y 010 IHEIL - - tiNrM ti+MM Y Y t.1 + + + + ■ L'y � r t s y l wl l rw Y CIIIK I • 1 + I � 1 Y 1_�.. Y 1V.T t r, I,► N)41 r n. ....� + Y IVy c y 7 w sllftt—� {� I yl Z _1..4 1 r t Y�l I 1 gyp+, Il\F0121- I, I �I JJ t `r -1 - --v.L"M 1 1 'r 02 ' \ sinTlill �� ww� l roanI/1KV : l, IYICII 1 �a t l LX WN PAAK !{Sail,• r ' r Y • l tl 17 AC Iuloesl • I r Y Y Y „ 1fa 14 ACL Y f) Y111911R IMllr 1 „ — r YlflY llx! elder 1 `�°' ' • I . \� "' Y Le lx 7 ann IYLIrflr WrAd III vonval — .• Lt!]111JeYpN _,-- ., MEADOWLARK y r / sit r Y 3 1 PLANNING AREAS 1-4 unr i uYy m , TENTATIVE TRACT NO 15469 UncuLk °'� _ TECHNICAL SITE PLAN w`.. urlr+iYM►�ervnnHr /I/DV �•.�. r�•rlCl: II1 .� �1....... CITY OF HUNTINQTON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA •� CATCLLUS "-' F—~ f SHEET 2 OF 3 "r.+ ra. r 4 f Ou nleeu�a�a� �t , r ) ) J it ENITfld MUM �� ' to e � 1 17 AG I 0MI DUE FAI.�Y elo rI _ I • u • — — r w 1 1j ml1lXI111RMN l l r� �. � ~�10 � ' / • l w J � I 1 A� � � � i Meidl twit e IMI lNT ..�.. ITA W Y Y W a I Y Iwr e •r Cu[I�f 'L • J ✓ j 1 T 1 ► 41 , s)Ql r*vAan r D)T r Flu r Y ON �1k�p wa Y; Y ,1 L y t w • �31f(it v� r 11� 08 • 35 38 II ant FANYUIU -- t111 FEW - DINE I— 1 / .-....� i W �-Serf/ 0 ^ 51T �0, i � 1 _ u O�� II I l I ��� slllll — — �— — ' �w _ " N`""r—� 1.11,) • —. I t t [ 1 — t l - l 1 ✓I 111 15/ Iz. 1A 441�15 'A all I I,l l _ _ - 1 - r 1 T ► r r "WIa EI�r,I1.1,Y(IU � I w � ZW) vueml nett[ Y+� rlilth 1 1 r.1t v, r , a �tt i l 1 � • r r r r s I Y. — I Y �er�- �1 r. �'..f II W 20 41-48 I s►en.. 111 Q¢�6d t:r. t , I I I I - - OY►MIND DRIVEr TfJO L41 n F/Jd.Y U14) _[ I �,w. � ► MEADOWLARK l y - Wu IN I Inony •I I I "�r' In — 1 uxuaa ,ti' f nlmn I I '+ I PLANNING AREAS 1-4 IT TENTATIVE TRACT NO 15469 �'" TECHNICAL SITE PLAN Ipas�et 17rx7 ltllRl[! 1!llMlrrrwr.�nrn r�1 •�^�I{J•�r r...... MD`s �,:. CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE[ STATE OF CALIFORNIA •� PATrr T TTa, - v ��' `� � ,4 ��� � k # I ►` h t •� tE , � '�}, t �� � '��� - l� '1YY�� r 7 � �� �� �� Afh�'�.�� t �` �� � 1 ��'�t � „ • (- Or 0 , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK C ti CO CImBC CLERK f`�Y 3 �959 May 13, 1999 Mr Bruce D'Eliscu Catellus Residential Group 5 Park Plaza, Ste 300 Irvine CA 92614 Dear Mr D'Elnscu 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, andZoning 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 for judicial review If you have any questions regarding this matter,please contact our office at 714/536-5227 Snnc 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 g-Jfollowvp\le tters\9Qdayltr (Telephone 714-536-5227) ! § 1094 5 SPFCIAi PROCEEDIN( S Part a Mote 378 it tat 1 d for a u trail tit no+t I n xt ai l . mint 1 i it, t-lout r hnd ttu run%It lien t olt(nnun I it utl 1 .tnt tit lu. %I tit talk. It I tan I tlt 1 not tit it rntlur nu rite \1 eateru Atr 11 )-tl) 1-7 ( ail ftptr C.I(t 't7 ( 1 Id -t) I lutx lnt % ',obleaki 01161) 3.1 Calltptr l ritil t ourt m jmli,m tat it to ml, o rlt all 719 191 ( '%--AI 3l)0 ntntuhtre to coutprl duct for t f nt,ri tilt tire Vital. that letter dtmchitrgttig mentor tyls to met otile hi,, tittt,ton rrtol,utt, pttlltnn ist it rl, to offitt of aunt. it rk stated or It lit t nxt ux turcr tfr p11 it tit bai-tinesx t t Mutt Nit U tx 911111.3 of uu t unduct in re peat ctutrol wax rt%rrmtd anti enmt rt mo%in;, lubltc returclx from lho files and mnn(Iul to tri it ")isrt wtlh Itr c th mm to tunttl tying nail mecrtting them on vnrious rt ut'uul c u,t, to dirt rtur fur pure sk t if dates wltercn_g to Ite-inng before county i rt<ronxiticnug tha petutlt-, l r %ioualy tut chil I. nuc eoutmxxton e.ulenre wtot In posed where it waa fotind that some of trn luced only nit to what took place on rht. charges tat,unit petitions r wern not ant. of the tinter chat it it rt quire the dux mail ported by evidence %%ingfield % tact toairt t f illprail on it p nl from iudl; Direct)r of Atriculture (1072) 105 (.,ail went srnardtni; mt.mor tips t clerk wnt of I lttr 619 20 C A M 200 nlandntc after' reverting tl o Judgment of I rocoedrog for review of do ntnl lit tom the superior vourt to rcillvul the nhntter to the c mnsrtson for r,oasideration mustoner of rnrpnrd t of permit to where thtrc wmc a euntl+tritt of facts sur t hall c votutt ny,ht of xr court rx rounding rentn%-tl of tit, tl xvnicnls on all Kou1d lie mm�ncrd too suet nor court for dcternunsition whether them ttla muliettli if ti,e dnttx I rxtt % 1a,., kngelem Coun t} Civil t rnt r Cohnmiusiuu (1952) =8 nul evidence w xupport l kUtln181tIO11l.T b I.2d 3 lOS G.A>d 11.1 ftudingm where court Improperly deter § 1094 6 Judicial review, decisions of local Rgenelt:S, petition, filing, time, record, decision and party defined, or- dinance,or resolution (a) Judicial review of any decision of a Iocal agcmc% other than school district, as the term local agency is defined in Section 54951 of the Government Code of of arty commission board, officer or agent tht. ^eof m-iy be had pursuant to Section 1094) of this code only if the petition for writ of mandate pursuant to such section is filed ithin 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 provi- sion of any statute char ter or rule, for the purposes of this section, the decisiCT, is final on the date it Is made If there is such provision for reconsideration the decision is final for the puiposea of this sec- tion upon the expiration of the per rod dui Ing which sucll reconsidera- tion can be sought, pt ovided that if I.econmidei-ation is sought pursu- arit to any such provision the decision is final for the purposes of this tiection on the date that reconsideration is rejected (c) The eomple{f I et of d of the lit of cedings sh111 ix prepared by l tat. I(x 11 then(y of it-, t oninw, ton Ix) it d offit et fit it Lnt wlut h i)1 ide the deu,,lon -ind %Mll bc, tit 1(veicd to the peLitlont.I within 90 ti lys tIfLLL he h-ts filect 1 writhed IC(Jue%t tlu.iefor Tht. IocaI agency may recover from the petitioner its actual costs for ti ascribing or otherwise preparing the record Such record shall include the tian- Script of iht_ proceedings, all pleadings, all Notices and orders, any pi oposed decision by a heating officer, the final decision, all admitted 674 l t t Title 1 0 NRIT OF MANDATE 1' )4 6 exhibits all rejected exhibits in the possession of the local agency or its commission board officer, or agent, all written evidence and any other pipers in the case - (d) If tht_ petitioilLI flies a tetiuL`t fol thu iecord its Specified in stih(livivnn (c) within 10 (1 iy�, iftet tho d the the decision becomes [I- wil as pioNidtxl in ,u1xltvvion (b), Ili( lltnL within which t I)Llition pumu int to Sutton 1094 5 may he filed shall 1'L extended to not Iater than the 30th day following the date on whlLh 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 adJudicatory adrain- ist:rative decision made, after hearing, suspending, demoting, or dis- missing an officer or employee, revoking or denying an apphcahon for a permit or a license, or denying an application for any retae- 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 within 1 vt 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 v,hose permit or license has been revoked or whose application for a pei 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 - pi o,,isions of this section shall prevail over any conflicting provision i in any otherwise applicable law relating to the subject matter (Added by Stats 1976,c 276 p 581, § 1 ) Forms See %%est is Cahforula Code 1 orma Civil Procedure Library References Admtnuttrntht. TAX% and I rocetlurt C T S Publie Administrative Bodies and 0-7 2 Procedure § 19J Notes of Dedslons In general 1 Mutt public. emplonnent relatlona i+onnl Exhaustion of administrative remedies 2 bast rain,ono Jurisdiction to ticternitne %liethi r tim unfair practice cbnrses were Jaetiried and in rlew of teachers failure to cdinwit their ndinisnatr hive remedies I In general tinder the ttotidit Ad trial court erred in 14 Itnol Ixianl a vntlat nil fret rmy, or xrnnthik writ of tnandate to Compel Hagar It no it r< wtiint V sifter isejoa niul, of new untmitl tit or dixtn te ct and othrn to rar xt hool year %Lila mutt rat l nexotinUunti s dart of rertnm trodicrr Amadnr Val %crt pendin6 arYtiulih wits nit utnfuir It r "� t nubtry Eilutatnn A.r to � ♦rwhn pracluc ui ciutattuu or tit, nodda slrt so (10701 i51 LaLRptr 724 83 (.A..isi zl - 676 - _ i •r • r Z£ FINDINGS AND CONDITIONS OF APPROVAL P��y � 31999 CONDITIONAL USE PERMIT NO 97-80/ TENTATIVE TRACT MAP NO 15469/ V ` NTEGATIVE DECLARATION 97-21 OME AD O`VLARK) March 10 1999 FINDINGS 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 tv,ent,, (20) daS 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 TTM/CUP 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 I 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 perrrutted 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 m compliance with the amended Specific Plan 3 The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat The 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 (;wolfeV 8cm) l 0 FINDINGS FOR AP, - ON - CO\DITIO\AL USE P ZIT NO 97-80 1 Conditional Use Permit'To 97-80 for the establishment of the 313 dwelling unit planned cornmunity and reduced front y and setbacks in PA (pursuant to section 4 5 A PA1 7 a of the Meadowlark Specific Plan) and PA2 (pursuant to Section 4 5 A PA2 7 a of the Meadowlark Specific Plan) « w ill not be detrimental to the general elfare of persons v.orkIng es din or ring in the N icinit-, or detrimental to the N alue of the propert-, and impro,.ements in the neiszhborhood There are 62 single family residence detached units in PA-1 31 single family 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-street Guest spaces «ill be provided as «ell as an additional number of parking spaces pro-,ided on the spine road The proposed project as conditioned%gill provide the necessary infrastructure and site impro-,ements to accommodate the needs of project residents and the adjoining commuruty PA1 and PA2 represent innovative de,,elopment concepts and result in an improved street scene 2 The conditional use permit request, as conditioned, will be compatible with 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, drivewa%s and other adjacent structure and uses in a harmonious manner 3 The proposed residential development, as conditioned,will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance 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 PA1 and PA2 provide a creative layout and include innovati,%a architecture and design 4 The granting of the conditional use permit will 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 follovang goals and policies of the General Plan A L U 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 LU 9 3 2 Require that the design of new residential subdivisions consider the following b Integrate public squares, mini-parks, or other landscape elements (g wolfed 3 8tm) 2 i ConsO duced street width, to achte%e an* (-timate relationship between structure, co the extent fea,ible and to accordance Lh Huntington Beach Fire Department regulations CO\DITI0IS OF APPROVAL -TE\TATIVE IIAP 1O 15469 1 The tentative tract map recen ed and dated October 19, 1998, shall be the approN ed map as revised or amended by the Meadowlark Specific Plan provisions and del.elopment standards and the conditions of project approval Lc��1C �± J 2 The project shall comph % -ith parkland dedication requirements Del eloper_shall dedicate minimum of 2 4 acres of park land and shall pa% parkland dedication in-lieu fees to satisf _ y the remaining project par'-land dedication obligation The developer shall improve 2 4 acres of park land and an adjoining 8 acre, of Gibbs Park to Cit-, specifications The cost of the 3 2 acre park improiements will be credited to the payment of in-lieu fees (This would not include any related improz ements associated with the detention basin) In-lieu fees shall be assessed at a land value rate equal to S500,000 per acre The balance of parl,land in-lieu fees shall be deposited into the Park Acquisition and DeN elopment Fund The proposed neighborhood_public par s a a at an s a I prop i e at a mirumum three (3) acres of dry, usable park space (Community Services) 3 Retaining walls shall be setback a minimum of four(4) ft from the back of sidev,alks No retaining «ails shall be permitted within the'Spine Road street ROW N 4 Lot `N shall be reconfigured to pro%idea minimum often (10) ft landscape buffer along v Airport Circle and pedestrian access onlr between Roose-,elt Lane and Airport Circle The ,� 17 k=,� remaining portion of the subject lot shall be incorporated w ithin the adjoining residential lots V `Nall and fence plans shall be submitted and appro�ed by the Planning Building and Public `Yorks Department Prior to construction of an,, new walls, a plan shall be submitted identify ing the removal of any existing walls next to new «ails, and shall include approval by property owners of adjacent properties The plans shall include section dralvings, 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 Planning Department and appro,,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 obstruction 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) include enforcement of'no-parking' areas and include language similar to the letter from F Scott (g wolfeV arm) 3 40 Jackson dated De e' er 2 1998 The CC&Rs shall belk ordable form prior to recordation of the map CStreet lighting shall be designed and constructed to comply Xvith Meadowlark Specific Plan provisions pertaining to decorate-,a street lighting Street lighting levels along street A' shall be increased to pro%ide pedestrian isibility per Public N%orks Department (P«7 I',9 -, Fire hydrant locations shall be approved bi the Fire Department (FD) 10 Tentative Tract Nlap No 15^-69 shall comply «ith all mitigation measures of Negati-,e Declaration No 97-21 (attached hereto and becoming a part thereon) unless mitigation measure(s) are superceded b,, more restrictive conditions of project approval Qti�TentatLN 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«Zth the provisions of the Huntington Beach Zoning and Subdi-%ision Ordinance a An affordable housing plan shall be submitted to the City of Huntington Beach, in accordance«ith Meado-,tilark Specific Plan pros 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 to'.ti and moderate income le,,el households (maximum 100% of the Orange Counts 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 earrung between 50%-80% of the Orange County Median Income b All,%ehicular access nghts to all public and prig ate streets tivithin 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 (P`V) `-c ')A final sewer study shall be submitted for Public Works approval The development shall design the sewer system required to serve the development (PNV) dA letter of acceptance for additional sewer flo,z s shall be required from the Orange County Sanitation District (PVV) 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 Developer 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 pipeline sy stem to meet the demands at no cost to the City The City of (g wolfev 8tm) 4 Huntington o '%%ater Division shall appro%e all -e, or additions to pipeline infrastructure - ity ne« infrastructure constructed!!t' _ public right of-way shall be dedica,ed to the City upon successful completion of the project and shall conform with all bacLenological testing requirement, (PNti`) f -,The applicam«ill work with 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 w ill be responsible for any modification to existing signage due to name changes (P«� 0 1 Final h�drolop and by draulic studies for both on and off site facilities shall be submitted for Public Works rep iew and appro-,al Drainage easements and lots designated as detention areas shall also be showvn on the Final Mi ap 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 approved method Runoff from the site shall be restricted as directed bti the Department of Public Works to minimize impacts to do-vristream facilities Drainage flows from adjacent properties will be accepted and nuti crated as part of the onsite drainage improi ements If the detention facilities are proposed within park areas, all storm flows up to and including the 10 }ear e,.ent shall be contained below grade Any surface w ater detention above the 10 ear event shall not be allow 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 with active park use (PvV) (fin ?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 flow s to deficient downstream drainage systems Design of all necessary drainage improvements shall provide mitigation for all rainfall eN ent frequencies up to a 100-N ear frequency All storm inlets shall be grated (PW) OStreets B through` H ', ` J" and`L shall be designed per modified Standard Draining 104-with 50 ft of right-of-way, and with a 32 ft curb to curb width Sidewalks shall be 4 ft «zde minimum with a 5 ft wide parkway adjacent to curb Parking shall be restricted to one side (PNV) (23 Street I" and`K" shall be designed per modified Standard Drawing 104 with 50 ft of right of way, and vvith a 40 ft curb to curb width Sidewalks shall be 5 ft wide rrunimum adjacent to the curb Parking shall be permitted on both sides of the street ok All street grades shall be a minimum of 0 50% (PW) 1 Streets INT through`Z' and`AA' through`BB"shall be designed per Standard Draw ing 104(42 /32') The side«alk shall be 5 ft wide minimum with 'pop-out' sections outside the street nght of w ay around street furniture to comply with ADA requirements Parking shall be restricted to one side (PSV) (g wolfe\3 Stri) 5 ni A final on parking layout plan shall be subn&,4 as part of the street impro%ement r, any for all pn,�ate and public street?'I parking and road«a,, layout shall be anal}zed b% a registered traffic engineer for sight-distance pedestrian safety and all-way stop sign warrants at key intersections prior to acceptance by the Public Works Department The parking lay out plan shall conform to City standards and the City s Subdo ision Ordinance and Municipal Code requirements including Municipal Ordinance No 10 40 050 No on street parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Specifications 401 and -i 15 This plan shall be used for parking control by the HOA Streets where parking is permitted on one side only shall have the no parking side painted with a red stripe N isible to the dn-,er, and 'no parking— fire lane signs 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 pro%ided on Street' A" (Spine Rd) shall be pro ided, 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) (P«'/Planning) The dei eloper shall design and construct a traffic signal at the intersection of Heil Avenue, Street A' and Del Mar Lane (PNN� (c 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«alk shall be 4 ft .N ide minimum with a 5 ft wide parkway adjacent to the curb (P`ND 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%vidth Additional parking on Street`A"shall only be permitted per the approti 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 (PSV) _q J Those portions of the sewer and storm drain system which are in private streets shall be maintained by the HOA (PW) All street intersections shall intersect at 90 degrees or radialy to curved streets The developer shall perform sight distance analysis (using a design of 35 mph) for all intersections along Street'A" (PtiV) The developer shall design signing, stnping 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 public utility purposes (PSN) (s%�olfev 8tm) 6 �u Heil ANenii 'l be designated per the Cit) s Sta*rrDlan\o 102 modified (100 /70 ) inc, ,ang a 7 ft bike lane on the south side L_ Aeil Avenue The developer shall design protected left turn pockets (150 ft in length) in both directions on Heil Avenue, (design speed 50 MPH) The de%eloper shall dedicate additional right-of-«a), if necessar), on Heil AN enue to permit installation of the protected left turn pockets as directed b) the Department of Public `Forks (PNN� An additional 12 ft of landscaping shall be required adjacent to the Heil Avenue rleht- of-dra) Landscaping improvements shall be designed and installed per Public Works Standards This landscaped area shall be contained«ithin an easement for maintenance b) the HOA (PNV) («' A reproducible m)lar cop) and a print of the recorded final map, along «ith digital graphic files of the recorded map per the CitZ of Huntington Beach' CAD Standards Manual for Consultants , shall be submitted to the Department of Public `Yorks (PIVV) fix The following shall be shown as a dedication to the Cit, of Huntington Beach on the Final Map 1) An easement o%er the pnN 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 s)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, servicing, cleaning, and replacing the water system 5) The easements for sewer and storm drain purposes as shown on said map, with maintenance b) the HOA 6) All perimeter, streetscape, communit) 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) -y� The developer shall provide a 10 ft(minimum) wide decorati�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 decoratiN a pavement section shall end at the curb returns in the private street portion (PNV) z A phasing map shall be submitted for approval to the Public ZVorks Department showing improvements to be constructed and right of w a) 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 (PNV) aal The engineer or surveyor preparing the final map shall comply with sections 7-9 3030 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 Sur%e)or 2) Provide a digital-graphics file of said map (PNN) (�wo[fe\3 3cm) 7 �,b b All impro securities (Faithful Performance o- &. Material and tlonument Bondz,) an t. 1i%ision Agreement shall be poste i ie Public V,orks Department and approved a� to form by the City Attorneti (PNN7 cc A Certificate of Insurance shall be filed with the Public Works Department and approved as to toms b} the Cit) Attorne% (P%V) All Public N%orks fees shall be paid (PNN) ee A cash pas ment in the amount of S35 000 00, in addition to any traffic impact fee due, snail be made to the City, for the deg eloper's share of the future traffic signal at the inter.,ection of Bolsa Chica Street and Pearce Street as specified in the Meado%Nlark Specific Plan (PNN) 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 Department of Public Works for review and appro-,al The CC&R's shall provide as a minimum 1) The HO k shall be responsible for performing regular maintenance and monitoring of the storm water system m conformance with the Storm Water Quality Management Plan for the development 2) All public fire hydrants within the development shall be kept clear of landscaping and improvements 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 and parking not permitted by the approved parking plan for the project 4) Red curb for`-to Parking" zones shall be maintained yearl} by the HOA 5) Pro,,isions shall be made in the CC&R's to prescribe street sweeping guidelines performed by the HOA Guidelines shall be in conformance with City requirements (PNV) Rolled curbs shall be provided on all private streets ii Emergenc< ehicle access shall be provided at the end of the cul-de-sacs as deemed necessary by the Fire Department (FD) JJ Fire access roads shall be provided in compliance frith the Huntington Beach Fire Code and City Specification 0401 (FD) 'kJlc 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 (PNV) (,Woif\3 Sim) 8 13 The follow Inge bons shall be comple,ed prior to ce o erading permits A Grading Plan, prepared b,, a registered Cis it Engineer, shalt be submitted for revie« and approval The Grading Plan shall include design of the detention ba,in area within _ the proposed part, site This plan shall al,o include an erosion and silt control plan for all «ater runoff during construction and site preparation v orl. Final grades and ele%ations on the Grading Plan shall not,%a_-) b,, more than 1 fr from the grades and elevations on the approved Tentatt-,e Map (P«) b A detailed soils analysis shall be prepared by a registered Cic it Engineer This analysts shall include on-site soils samoltng and laboraton, te,ting of mal-erials to provide detailed recommendations for Grading, chemical and fill properies retaining walls, streets, and utilities (PNV) c A Landscape and Imgation Plan, prepared by a Licensed Landscape Architect,shall be submitted to the Department of Public «orl.s for reviev, and appro,,al by the Park,Tree and Landscape Division The DeN eloper shall submit imgation demand,to ensure proper irrigation service sizing (PNV) d , In accordance.vith NPDES requirements, a``Vater Quality Management Plan"shall be prepared by a CiN it or EnN uor mental Engineer `Vater qualit,, B%SIP and education information shall be included in the CC&R's (P%vD e The Developer shall coordinate with the City of Huntington Beach Traffic Engineering l Division in developing a truct,and construction vehicle routing plan This plan shall specify the hours m,,hich transport acts.hues can occur and methods to minunize construction related impacts to adjacent residents These plans must be approved by the Department of Public Works (PtiV) ZThe Developer shall submit to the Fire Department proof that the abandoned oil well located on the site has been re-abandoned in accordance with current California Department of Conservation Do,ision of Oil, Gas and Geotechrucal Resources (DOGGR) standards, subject to the approval of the Public Works Department and Fire Department Qvlitigation Measure) g The Developer shall ensure that donna demolition of existing structures or the removal of potentially asbestos-containing materials,these materials shall be tested for the presence of asbestos If it is determined that the materials are asbestos-containing,the materials 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-contatnina materials existing building debris (i e ,paint) shall be handled in accordance with current regulatory standards,subject to the approval of the Public Works Department and Fire Department (Mitigation Measure) (g wolfe\3 8tm) 9 The Developer Snall ensure that during demolition of em- ng structures or the removal of potentially hazardous chemical containing materials, these materials shall be handled b% licensed contractors in accordance -,Nith current regulator} standards subject to the appro-%al of the Public Works 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 «a,.er s-,s,em has been installed b The «ater sy stem shall be located w ithin N ehicle tray el«a,,s dedicated to the Cit) where possible Ground coN er,hardscape and/or softscape o,%er water lines shall be approved by the Water Division The deg eloper or any other subsequent HOA shall enter into a Special Utility Easement Agreement with the Cits, «loch shall address repairs to any enhanced pavement,w ally, fencing, curb, gutter, landscaping, etc by other than City forces (at no cost to the City), 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 impro'%ements shall provide mitigation of all rainfall event frequencies up to 100-year frequency d The Developer shall submit a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to muurmze noise impacts e The Developer shall provide an interior 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 mecharucal 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 to Hell Avenue through implementation of six-foot barriers along Heil Avenue 'This wall height is relative to the pad elevation Location of this wall shall be in conformance with 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 bamer that maybe necessary maybe constructed o 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 Departments (i`Iitigation Measure) (g .sotfe\3-sim) 10 g The Deielopec� 11 ensure p-oper no :e a'terua io-10' - p-opo�ed alo-ig the southerly boundary of Planning Area—' adjacent to Lne comme-ciai Le-iie- (Ileado«lark Plaza) and Planning Area 1 adjacent to Heil -kx e throug-t cons--uctio- of a noise attenuation«all The height of the v alls (as measured from the highe,t adja:enL grade) shall be 8 in height, portions of the viall adjacent to the commercial cen er along the southerly property line may be up to 12 in heigrt The trick loadin:dock areas on the commercial center site shall be enclosed (as agreed to at tae Planning Co-n-nis,ton meeang) The Developer shall ensure imolernentaLior of the noise miuga on measures aopro-,ed by the City to reduce extenor noise impacts on affect--,-- areas to leeels of less than significant and in compliance Frith the Cio, s Noise Ordnance Final olaa, for proposed noise barriers shall be in accord«ith noise stuns and app-ol.ed b% tr e Planning and Building Departments (Nlitigation Measure) 15 During grading/construction if a sump pit is ercoun*ered, drillin?_mud present must be sampled and tested to ensure tna- the maLenal are non-hazardo is subject to the approval of the Public Works Department and Fire Depa-Lment 16 The following conditions shall be co�-nple,ed prior to final occ Tpancy (PINY) a Backflow protection is required and shall be installed per tee Huntington Beach Water Division Standard Plans for irrigation and fire suppressior ira-er services b Each proposed dwelling unit shall require a separa a dome,ttc meLer and service All domestic water meters shall be sized in accordance with t:e L-PC and the requirements of the City of Huntington Beach Building Deparisrent anc the Fire Department c All existing overhead uttlities shall be installed undergrot�-td in accordance with the City's Underground Utility Ordinance In additio:, all electrical transformers shall be in stalled underground d The entire public park, including the extension on o'Norma Gibbs park,shall be improved to Public Works Standards The de%eloper shall p-ovide for a minimum 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 impror ements,perimeter,streetscape, community open space and greenbelt areas, public par:and Norma Gibbs park extension and other required landscaping improvements shall be completed prior to the first move in. Pnvate infrastructure shall be constructed per the a2Prored phasing plan f Soil tests for agricultural suitability,fertility and appraisal,L-om the site to be landscaped, shall be submitted for review and approval bi. Park,Tree and Landscaping Division of Public Works Test results and correctiN a recommendations by the Testing Lab shall be included in the Landscape Plan Specifications for construction (g wolfel3 8tm) 11 s Existing mag rees that are to be remo,,ed must be -ed at a 2 1 ratio with a 36 box tree or palm equivalent The De,,eloper shall have a consulting Arborist quantifz idenuf%, size and analyze the health of the existing trees The report shall also recommend ho« the existing treez) that are to remain (if anN) shall be protected and how _ far conz,tructton/grading shall be kept from the trunk h All landscaping irrigation and planting installation shall be certified to be in compliance with the City approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final landscape inspection and appro%al i All streetb shall be fully improved per the conditions of appro,.al 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 m accordance«zth City Standards and vleadowlark Specific Plan requirements pertinent to provision of decorative lighting fixtures m The De,.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 prior to issuance of certificate of occupancy i 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`Yorks Directors ensure that all conditions of approval are complied«zth If any changes to the Tentative Map occur,these two Directors shall be notified in writing The final map shall not be recorded until these Directors have reviewed and approved the proposed changes for conformance with the intent of the City 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 REQUIREMENTS - TENTATIVE TRACT MAP NO 15469 1 The Final Map shall not be accepted by the City Council until ZMA Ito 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 xith the Orange County Recorder and a copy filed with the Planning Department (,wolfe\3 8tm) 12 2 Park and Recrea* Fees shall be paid prior to acceptaoof the Final Map b,. the City Council 3' State Mandated school impact fees shall be paid prior to issua-ice of building permits 4 k1l applicable Public Works fees shall be paid prior to map recordation _6 Tentati%e Tract Map No 16 r69 shall become mill and i oid unless exercised within t«o N ears from the date of final appro%al An extension of time may be granLed b� the Director of Planning pursuant to«7itten request submitted to the Planning Deparcm-ent a minimum of 30 days prior to the expiration date 6 -The applicant shall submit a check in the amoum of S38 00 for the posting of the Notice of Determination at the County of Orange Clerk s Office The check shall be made out to the County of Orange and submitted to the Department of Commuruty Development within two day s of the City Council action CONDITIONS OF APPROVAL- CONDITIONAL USE PER:MIIT NO 97-80 1 The Conditional Use Permit plans/documents receiN ed and dated October 19 -21, 1998,shall be the conceptually approved plans with the following modifications a The Conditional Use Permit plans/docunems shall be revised to comply with the Meadowlark Specific Plan pro,.isions and deg elopment standards and any other applicable provisions of the HBZSO and HBOC,inclusiNe of public park dedication, building setbacks,building height,parking and storage requirements b Garage driveway widths shall be designed in accordance .%Zth 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 hydrants,back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public rights of-way 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 view (Code Requirement) d Depict all gas meters,«ater 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 .ith 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 tw o (2) inches f The southwest portion of Planrung Area 4 shall be redesigned to provide at a minimum a ten (10) ft wide landscape buffer along Airport Circle, the remaining portion of Lot`N" shall be incorporated within the adjoining pn,,ate residential lots (�uoIfe\3 aim) 13 Q The Nall aP!! L- ce plan dated October 19, 199S shale - %ised as follo«s 1 Incorporate theme wall debign treatment along Lot'L' , 2 Incorporate front)and fence deign option 3 Identify block ivalls in accordance«ith condition 14 g of the Tentatie e Tract Map, 4 Wrought iron fencing along rear propert) lineb of lots adjacent to the public park, 5 Location of wood fenceb for interior and rear)ards not abutting a street, 6 Block«ails along exterior side)ards and rear)ards abutting a street, and for all project perimeter property line-,abutting existing properties h If outdoor lighting is included, energy saving lamps shall be used All outside li_Qhting shall be directed to pre�,ent 'spillage' onto adjacent properties and shall be sho«n on the site plan and elevations i Product mix modifications shall be subject to re%ie«, and approval by the Planning Department j Planning Area 1, Floor Plan 2 and associated conditional use permit and tentative tract map documents shall be revised to comply witn the approved Meadowlark Specific Plan parking requirements Redesign parlor so as not t6 constitute a bedroom by defirution of the Huntington Beach Zoning and Subdivision Ordinance k Planning Area 1, Floor Plan 3 includes a master retreat adjacent to a master bedroom «hich 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 dwelling,or balcom/deck shall be permitted 1 The architectural plans for all dwelling units vathln 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 with the minimum 10 feet exterior side yard setback n Plan 2 and 2X(PA-2) shall be revised to compl) with the?rur rnum 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 submittal for building permits,the following shall be completed a Zorung 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.ti01fe\3 8tm) 14 • 0- b Points of interest larchitectural, landscaping, recreational and sculptural) seating areas and functional pavilions shall be incorporated within the o,.e, ll pedestrian promenade, Spine Road design theme A detailed plan specifying the proposed design elements shall be submitted to the Planning Department for re-,iev and appro-,al by the Design Re%le« Board c Decorative street furniture and light fixtures shall be incorporated wnthin the Meado«larl. Specific Plan area(PA 1- PA 4) Street furniture and light fixture specifications and locations shall be submitted to the Planning and Public Workb Departments for revie%% and approval by the Design Review Board d Names of streets shall be submitted to and appro-,ed by the Huntington Beach Fire Department in accordance with City Specification No 409 (FD) e Submit thzee (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 appro%a the follovarig a 1) Enhanced architectural treatment for building facades visiole from public right-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 Q. 1) Fire lanes will be designated and posted to comply with Cim Specification No 415 (FD) 2) Address numbers N;zll be installed to comply with City Specification No 428 The size of the numbers Ntizll 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) (;wolfei3-3tm) 15 0 • h Residential types .,Lructure�on the ioject property «hetn-, attached or detached shall be constructed in compliance with the S ate acouzucal standards set forth for units that lie within the 60 CNEL contours of tie propert, E-,tdance of compliance shall consist of submittal of an acoustical anal)sip report and plans, prepared under the supervision of a person experienced in the field of acoustical engineering with the application for building permit(s) (Code Requirement) i A detailed soils anah sis shall be p-eoared by a registered Soils Engineer and submitted with the building permit application This anahbis shall include on-site soil sampling and laboratory testing of matenals to p,oe ide detailed recommendations regarding grading, foundations, retaining wall, streeu utilities and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) j An engineering geologist shall be engaged 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 w itn 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 re%iew pnor 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 units 3 Prior to issuance of grading permits,blocky all/fencuig plans shall be submitted to and approved by the Planning and Building Department Double v alls shall be discouraged If double w alls are proposed, evidence tna the adjacent property owner does not agree to have their existing wall remoi ed shall be submitted In addition,the double walls shall be designed with the narrowest separation possible and shall include lightv'eight fill into the gap to reduce crevice areas Prior to the construction of any new w alls, a plan must be submitted identifying the removal of an) existing walls next to the new `calls, and shall include approN al by property owners of adjacem properties 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 w all along the southerly project boundary, adjacent to the Meadowlarl.Plaza,shall be measured from the highest adjacent grade 4 Prior to issuance of building permits,the followirig shall be completed a Submit copy of the revised site plan floor plans and elevations pursuant to Condition No 1 for review and approval and inclusion in the entitlement file to the Planning Department b A Landscape Construction Set must be submitted to the Department of Public Works and appro%ed by the Departments of Public Wor',s and Planning The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type size and quantity of all existing (g«01fe3-3tm) 16 plant ma,.er to remain emSting plant materials esemo%ed and proposed plant materials, a�PTz lion plan a �radtn� plan an ap �r ,ite plan and a copy of the ertitlement conditions of aopro-,al c The landscape plans shall be in conformance w ith Chapter 232 of the Zoning and Subdt%ision Ordinance and applicable Design Guidelines Any existing mature trees that must be remo,,ed shall be replaced at a two to one ratio (2 1) with minimum 36 inch bo\ treeb and shall be incorpo-ated into the projects landscape plan (Code Requirement) d The Final Map shall be accepted by the City Council, recorded w ith the Orange County Recorder and a copy filed with the Planning Department (Code Requirement) e The property ow-ner shall sign, notarize, and record with the County Recorder a covenant assuring that the single fa_rnil,, residences gill be maintained as one(1) dwelling unit f The developer shall submit a separate utility plan showing w ater s"stem improvements, including service connections to each building, fire hydrant, valves,backflow devices and other appurtenances in accordance with applicable U P C , City Ordinances, Public Works Standards and V,aLer Division design cntena These plans shall be approved by the Public Works Water Di,.ision and the Huntington Beach Fire Department prior to any construction (PW) s An interim parluig and/or building matenals storage plan shall be submitted to the Planrung Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent propentes will not be impacted by their location The applicant shall obtain any nece.,sary encroachment permits from the Department of Public'Works h Submit a letter of map re%ision from FERIA declanng the lot(s) exempt from floodplain requirements or submit a copy of completed FEvLA Elevation Certificate(s)for each unit to the Planning Department i Public park impro`,ement plans for the 3 2 acres must be reN iew ed and approved by Public Works and Community Services Staff, and Community Services Commission_ j Affordable Housing Plan shall be approved 5_ During construction,the applicant shall a Use water trucks or spnn'_der systems in all areas where,.ehicles travel to keep damp enough to pre-Yent dust raised when leaving the site b Vet down areas in the late morrung and after w ork is completed for the day, c Use low sulfur fuel( 05%) by weight for construction equipment, d Attempt to phase and schedule construction activities to a,%oid high ozone days (first stage smog alerts), c«olfeN3 3rn) 17 i e Discontinue -action dunnQ second stage smog 6 Prior to final building permit inspection and approval of the first residential unit, the follow-inc, shall be completed a The applicant shall obtain the necessary permits from the South Coast -fir Quality Manacrement District and submit a copy to the Planning Department b All improvements to the propel t shall be completed in accordance with the approved plans and conditions of approt al specified herein including 1) Fire lanes «ill be designated and posted to comply%vith City Specification No 415 (FD) 2) Address numbers will 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 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 (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 twill comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil ttiells and site restoration (FD) f 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) 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 improt ements,perimeter,streetscape, community 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 restnctit a conditions of approval (g«01fe%3-San) is 8 The P annin_ DPs tor en�ure� that all conditions of appal herein are complied with The Plann nQ Direct be notified in writing if any changes the site plan, elev ations and floor vlans are propozed as a result of the plan check process Building permits shall not be issue`until tie Planning Director has rex,ie«ed and appro,.ed the proposed changes for confo-mance witn the intent of the Planning Commissions action and the conditions herein _ If the proposed chaneeb are of a substantial nature, an amendment to the original entitlement re,.iewed b5 the Planning Commission may be required pursuant to the HBZSO 9 Appro%al of Conditional Use Permit No 97-80 is contingent upon approval of Zorung Text Amendment\ro 97-"A and Zoning Map Amendment No 97-1 b� the Cit) Council, and shall become effecti-v e 30 day s after the adoption of the Ordinance adopting the Meadowlark Specific Plan amendments and following the ten day project appeal penod ni TORMI-,TIO\ ON SPECIFIC CODE REQUIREMENTS 1 Condiaonal Use Permit No 97-80 shall become null and void unless exercised within one )ear of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a m,mn,um 30 da-,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 Works fees shall be paid (PNV) 4 Traffic Impact Fees shall be paid prior to issuance of a Certificate of Occupancy (PVV) 5 An encroachaient permit shall be required for all work within the right-of-way (P'V� 6 A Cezaficate of Occupancy must be issued by the Building Department prior to occupy of building on the project site 7 Park a-rid Recreation fees shall be paid prior to approval of the Final Map by the City 8 State-rnandaLed 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 Cons7uction shall be Iimited to Monday- Saturday 7 00 AlMd to 8 00 PM Construction shall ce prohibited Sundays and Federal holidays (.0 woke 3 8irn) 19 t�Y~ � t� p�} '� r t' , � � ,� }� V • 11.' � f l"` �����`�� ''��� � 11 � � � 1 I � � �, ��� 1 � � ;.��;��� Subdivision Agreement Final Map No 15838 • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLIAM LYON HOMES, INC FOR TRACT NO 15838 TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Arterial Highway Improvement 2 3 Guarantee 3 4 Plant Establishment Work 3 5 Improvement Plan Warranty 3 6 No Waiver by City 4 7 Costs 4 8 Surveys 4 9 Improvement Security 4 10 Indemnification Defense Hold Harmless 6 11 Insurance 6 12 Nonperformance and Costs 8 13 Record Map 8 i • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLIAM LYON HOMES INC FOR TRACT NO 15838 y 'Lovo This Agreement ( Agreement ) is entered into this 3c day of N AN'Y�1 TH9� by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California hereinafter referred to as "CITY and WILLIAM LYON HOMES INC a California corporation 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 tract of land known as Tract No 15838 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 JSUBDIVIDER 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 in 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 Government Code of the State of California and Chapter 225 of CITY's Zoning and Subdivision Ordinance NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 adl/agree/SUBDV Lyonl5838 12/06/99 • • 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 engineering 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 perimeter walls and landscaping required by conditions of the tract map or provide bonding of prior 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 same 2 adl/agree/SUBDV Lyonl5838 12/06/99 0 • 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 period 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 during the one (1) year guarantee period said improvement plans prove to be inadequate 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 statement(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 apd relocating existing utilities required thereby 3 adl/agree/SUBLV L,on]5838 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 Cit} Council 9 IMPROVEMENT SECURITY Upon executing this Agreement SUBDIVIDER shall pursuant to CalifoiIlia Government Code Section 66499 and the Huntington Beach Zoning and Subdivision Ordinance provide as security to City A Faithful Performance For performance security in the amount of One Million Three Hundred Fifty-Five Thousand Dollars ($1,355 000 00) which is one hundred percent (100%) of the estimated cost of the work Such additional secunty is presented in the form of Cash certified check or cashier s check 24 ptable 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 Six Hundred Seventy Seven Thousand Five Hundred Dollars ($677 500 00) which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of 4 adl/agree/SUBDV Lyonl5838 12/06/99 ash certified check, or cashier s check c table 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 apse 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 adl/agree/SUBDV Lyon15838 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 N ehicle coverage Said policy shall indemnify CITY, its officers agents and employees while acting within the scope of their duties against any and all claims ansing out of or in connection «ith this Agreement, and shall provide coverage in not less than the following amount combined single limit bodily injilry 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 adl/agree/SUBDV Lyon15838 12/06/99 0 • 4 and shall state as follows The above detailed coverage is not subject to am 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 fully 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 CITY 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 under 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 adl/agree/SUBW Lyonl5838 12/06/99 • 0 13 RECORD MAP In consideration hereof CITY shall alloA 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 daN and year first above written WILLIAM LYON HOMES, INC a California CITY OF HUNTINGTON BEACH a corporation municipal corporation of the State of California By &A— Richar S Robinson Senior Vice President Mayor AND ATTEST By M,.c.ho+e.\ City Clerk print name r ITS (circle tar /Chief Financial Officer/Asst Secretary Treasurer V% �r-es�da�h APPROVED AS TO FORM REVIEWED AND APPROVED City Attorney City A\dministrator INITIATED AND APPROVED City Engineer /pL 8 adl/agree/SUBDV Lyonl5838 12/06/99 ACORDM CERTIFICWE OF LIABILITY INSURONCE DATE(MM/DD/YYI 9/14/99 PRODUCER L, t, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Aon Risk Services Inc of QTM Cui,` rbT ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT �U HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND O Southern California ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVI 95 Town Center Drive Ste 500 COMPANIES AFFORDING COVERAGE Costa Mesa CA 92626 COMPANY 714-641-8355 A Evanston Insurance Co INS}(R�D nUS �oW ' TTn' +� � D-_.7� COMPANY Grp. �ru 1�GYLlt B Insurance Co of State of PA GIIOtip, C3teullS 1?�aLaHlt131 C�iLS1='ribCtlOII, Ti]C JamboreeCenter COMPANY �- 5 Park Plaza, Sw to 400 C TTvine, C& 92614 COMPANY I //'f Is?M- D COVERAGES 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 $ 2000001 A X COMMERCIAL GENERAL LIABILITY 99GLP1003258 3/01/99 3/01/00 PRODUCTS COMP/OPAGG $ 100000( CLAIMS MADE a OCCUR PERSONAL&ADV INJURY $ 10 0 0 0 0( OWNER S&CONTRACTOR S PROT EACH OCCURRENCE $ 10 00 0 0( FIRE DAMAGE(Any one f e) $ 5 0 0 0( MED EXP(Any one pe so 1 S AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS APPROVED AS TO FO 7� (Per pe so ) $ HIRED AUTOS GA IL HUTTON, City Attorney BODILY INJURY S NON OWNED AUTOS Deputy City Attorney (Per act den[) N Z O PROPERTY DAMAGE 5 GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S 30000000 B NUMBRELLA FORM 42996083 3/01/99 3/01/00 AGGREGATE $ 30000000 OTHER THAN UMBRELLA FORM etention $ 25000 ATU WORKERS COMPENSATION AND WIC TOCRY LIMIT OER EMPLOYERS LIABILITY EL EACH ACCIDENT S THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/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 &M@j&M&UNjp MAIL P Q BOX 190 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Huntington Beach CA 92648 AUTHORIZED R S • 000027000 1 ACORD 25 S 01951 QACORD CORPORATION 19SE e1Ty CL hlc V/)�4 ,,, �,M / 40 6o `�" POLICY NUMBER 99GLP1003258 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (Including"Prunary" Wordmg) 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 In is amended to include as an insured the person or organization 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-contnbutory with the insurance provided hereunder APPROVED kS TO FORI G4IL hUTTOT1 City Attornay Bj Depu `l C:-cy 1ttorney I ' >12-o AI-pay CG2010p(11-8�) Bonds Final Map No 15838 IJUNU NU 3SM 960 182 00 • PREMIUM 11 n,a4e_nn/2 yr FIRST TERM PREMIUM FULLY EARNED FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and WILLIAM LYON HOMES, INC , A CALIFORNIA CORPORATION (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 Tr 15838 , 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 AMERICAN MOTORISTS INSURANCE COMPANY as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City",the penal sum of ONE MILLION THREE HUNDRED FIFTY-FIVE THOUSAND dollars ($_ 1,355,000 t 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 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 fees incurred by" City in successfully enforcing such obligation all to be taxed as costs and included in any judgment rendered f�y'I1 am S TO FOR4 (,ILII 1110'''J"' cit, Attorftbt uy Dop"tj City Lt1,01ney 1 i 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 9, 19 99 WILLIAM LYON HOMES, , A CALIFORNIA CORP , as Principal By II By AMERICAN MOTORISTS INSURANCE COM ANY as Sure )(Pipi 1AV , ( By V C OR IA M CAMPBAL By ATTORNEY—IN—FACT 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON `�i -I ( /BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONAA 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 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 PRINC1DAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES $075 01 3 • STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) On December 10, 1999 before me Kathy Sampson, Notary Public personally appeared Richard S Robinson & Michael D Grubbs personally known to me to be the persons whose names are subscribed to the within Instrument and acknowledged 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 and official seal o�ictAt.s� KATHY SAMPSON NOTARY PUBLIC CAI I NIA COMMISSION# 1210339 .C. Signature 4ORANGE COUNTY Kathy Samp on, Nota y r ubllc Mycamm�ssbnE� Feb 9 2003 FFState Of California • • County of Orange On December 9, 1999 before me Janina Monroe, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC' personally appeared Victoria M Campbell *********** NAME(S) OF SIGNER(S) personally known to me - OR- ❑ to be the person(s) whose name Is/ara subscribed to the within Instrument and acknowledged to me that te/she/tx executed the same In /her/MW authorized capaclty(IR) and that byxbm/her/tom slgnature(r4 on the Instrument the person(4 or the entity upon behalf of which the personal �r--� acted executed the Instrument c- WIT S y hand and official seal SIGNATURE bF 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL LXATTORNEY-IN FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARD IAN/CONSERVATOR ❑OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) ICOmPER 0 • Insurance Companies Commercial Lines Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the American Motorists Insurance Company a corporation organized and existing under the laws of the State of Illinois and having its principal office in Long Grove Illinois does hereby appoint VICTORIA M CAMPBELL, JANINA MONROE, PATRICIA M WHITE, THOMAS G MC CALL its true and lawful agent(s) and attomey(s)-in-fact to make execute seal and deliver during the period beginning with the date of issuance of this power and ending December 31 2001 unless sooner revoked for and on its behalf as surety and as its act and deed Name of Principal WILLIAM LYON HOMES, INC A CALIFORNIA CORPOPATTON Bond No 3SM 960 182 00 Penal Sum $ 1,355.000 Perf Name of Obligee CITY OF HUNTINGTON BEACH 677,500 L&M Description TR #15838 Improvements EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as sef forth herein This appointment may be revoked at any time by the American Motorists Insurance Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Amencan Motonsts insurance Company on February 23, 1988 at Long Grove Illinois a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in-fact, and to authorize 1her to execute on behalf of the Compan ,and attach the seal of the Company thereto bonds and undertakings rncognizances contracts of indemnity andyotherwritings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President, any Vice President or their appointees designated in wnting and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company ' In Testimony Whereof the Amencan Motonsts Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authonzed officers this 26th day of July 1993 Attested and Certified AMERICAN MOTORISTS INSURANCE COMPANY 1pz�,t S X-m•� J S Kemper III Exec Vice President Robert P Harries Secretary -- `' l II l /1111 11)i im • • PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California and WILLIAM LYON HOMES, INC , A CALIFORNIA CORPORATION / (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 protect Tr 15838 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 file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made In Title 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 SIX HUNDRED SEVENTY-SEVEN THOUSAND FIVE HUNDRED dollars ($ 677,500 ),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 15 (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 fully 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 specifications accompanying the same shall In any manner ��'fICti"D A' To pn� � � _ � g 1 t 1 Ito r i Ly 111 1 orner 8090 DUJ Ll L,, CI.Ly Aztox ne.1 affect its obligation on this bond it does hereby waive notice of any such c►�, nge, extension, alteration or addition In witness whereof, this instrument has been fully executed by the principal and surety above named on December 9 . 19 99 WILLIAM LYON OMES, A CALIFORNIA CORPORATION , as Principal By y B � Y AMERICAN MOTORISTS INSURANCE COMPANY urety By U bt�01 �A f M VICTORIA M CAMPBELL By ATTORNEY-IN-FACT 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 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 809001 2 8090 0 i STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 10, 1999 before me Kathy Sampson, Notary Public personally appeared Richard S Robinson & Michael D Grubbs personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged 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 and official seal OFFICIAL SEAL Signature )1L KATHYINMAY PUBUC CAUFORNIA Kathy Sams n,p Notary Public FA COMMISSION COUNTY My Commwion Exp Feb 9 2003 State of California County of Orange On December 9, 1999 before me, Janina Monroe, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Victoria M Campbell *****A***** NAME(S) OF SIGNER(S) 0 personally known to me - OR- ❑ to be the person(s) whose name( Is/am subscribed to the within Instrument and acknowledged to me that be/sheAbW executed the same In /her/ILK authorized capaclty(IPR), and that by)±m/her/tf=signature g on the Instrument the person(4, or the entity upon behalf of which the personal CO— --5 acted executed the Instrument Cc ��r a r - rC ` N3O 2W2 WIT SS y hand and official seal 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL CIATTORNEY-IN FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CO N S E RVATO R ❑OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) OD NO 3SM 960 183 00 PREMIUM $200.00/2 yr FIRST TERM PREMIUM FULLY EARNED MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT WILLIAM LYON HOMES. TNC_ - A CALIFORNIA CORPORATION as Subdivider of Tract No 15838 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 WILLIAM LYON HOMES, INC , A CALIFORNIA CORPORATION (Subdivider) as principal, and AMERICAN MOTORISTS INSURANCE COMPANY , 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 $ 25,000 , 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 9th day of December . 19 99 WILLI ON HOMES, INC A CALIFORNIA CORP asPnn,ipa' E�/ '�L By AMERI AN MOTORISTS INSU ANCF rnMPANYS rety By VICTORIA M CAMPBELL By ATTORNEY-IN-FACT D rPP07-"n �S TO POW 10 1 -J Ly A t t ornay t�J v�j 'L�., C 1 t,y Attorno,/ 809201 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 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 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On December 10, 1999 before me Kathy Sampson, Notary Public personally appeared, Richard S Robinson & Michael D Grubbs personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged 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 and official seal S ig natu r OFFiC1AL SEAL PSON 4KathySaon, Not ry Public ��� WrARYPUBUCKATW MCAUFORNIA COMMISSION COUNTY 39 s my Comrnrwn Exp Feb 9 2003 State of California • County of Orange On December 9 1999 before me Janina Monroe, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC' personally appeared Victoria M Campbell *********** �� NAME(S) OF SIGNER(S) Fx] personally known to me - OR- D to be the person(s) whose name( Is/aNx subscribed to the within Instrument and acknowledged to me that :be/she/thW executed the same In /her/MW authorized capaaty(R), and that byxxs/her/t�=signature g on the Instrument the persong or the entity upon behalf of which the person*) ' ^ ' acted executed the Instrument WITNESS y hand and official seal TNR nLm2- - 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 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 SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) MOWER Insurance Companies Commercial Lines Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the American Motonsts Insurance Company a corporation organized and existing under the laws of the State of Illinois and having Its principal office in Long Grove Illinois does hereby appoint VICTORIA M. CAMPBELL, JANINA MONROE, PATRICIA M WHITE, THOMAS G MC CALL Its true and lawful agent(s) and attomey(s)-in-fact to make execute seal and deliver dunng the penod beginning with the date of issuance of this power and ending December 31 2001 unless sooner revoked for and on its behalf as surety and as its act and deed Name of Principal WILLIAM LYON HOMES, INC A CALIFORNIA CORPORATION Bond No 3SM 960 182 00 Penal Sum $ 1,355,000 Perf Name of Obligee CITY OF HUNTINGTON BEACH 677 500 L&M Description TR #15838 Improvements EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as sef forth herein This appointment may be revoked at any time by the Amencan Motorists Insurance Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Amencan Motorists Insurance Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists insurance Company on February 23, 1988 at Long Grove Illinois a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attomeys in-fact, and to authorize fherri to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognmances contracts of indemnity and'other wnbngs obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process" This Power of Attomey is signed sealed and certified by facsimile under and by authonty of the followin resolution adopted by the Executive Committee of the board of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President, any Vice Presiden or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company' in Testimony Whereof the American Motonsts Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authonzed officers this 26th day of July 1993 Attested and Certified AMERICAN MOTORISTS INSURANCE COMPANY jj�� 0 *.,, 9 �L zy_r, Robert P Harries Secretary J S Kemper III Exec Vice President I r\TC A KIN/ co A ci IOCc nn IAMITF r)I IT V0I L VOID THIS POWER OF ATTORNEY NOEMPER Insurance Companies Commercial Lines Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the American Motorists Insurance Company a corporation organized and existing under the laws of the State of Illinois and having its principal office in Long Grove Illinois does hereby appoint VICTORIA M CAMPBELL, JANINA MONROE, PATRICIA M WHITE, THOMAS G MC CALL its true and lawful agent(s) and attomey(s) in fact to make execute seal and deliver during the penod beginning with the date of issuance of this power and ending December 31 2001 unless sooner revoked for and on its behalf as surety and as its act and deed Name of Principal WILLIAM LYON HOMES, INC A CALIFORNIA CORPORATION Bond No 3SM 960 183 00 Penal Sum $ 25,000 Name of Obligee CITY OF HUNTINGTON BEACH I Description MONUMENT TR #15838 EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as se forth herein This appointment may be revoked at any time by the American Motorists Insurance Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes as If the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists insurance Company on February 23, 1988 at Long Grove Illinois a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect. VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize itiem to execute on behalf of the Compan , and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity andyother writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed sealed and certified b_y facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President, any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company" In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers this 26th day of July 1993 Attested and Certified AMERICAN MOTORISTS INSURANCE COMPANY Robert P Harries Secretary J S Kemper III Exec Vice President --- -- -- -- - „m 1#k1L'1T=nl rr W1 I vnin THiS POWER OF ATTORNEY