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HomeMy WebLinkAboutFinal Tract Map No. 17930 and accept the offer of easements Dept. ID PW 17-034 Page 1 of 2 Meeting Date:7/17/2017 _ CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 7/17/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and accept the public improvements, release the securities for Tract 17930 (Monarch Walk Subdivision, south of Slater Avenue, west of Newland Street) and accept Guarantee &Warranty Bond Statement of Issue: The Olson Company, the subdivider of Tract 17930 (south of Slater Avenue, west of Newland Street) has completed construction of all required public improvements and is now eligible to receive a release of securities and bonds, pursuant to the provisions of the Subdivision Map Act. Financial Impact: Not Applicable. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 17930 and instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (Attachment 1) with the Orange County Recorder; and, B) Release Faithful Performance Bond No. PB03010402994, Labor and Materials Bond No. PB03010402994 and Monument Bond No. PB03010402995, pursuant to the California Government Code Section No. 66499.7(a); and, C) Accept Guarantee and Warranty Bond No. PB03010402994-A (Attachment 2); the security furnished for guarantee and warranty of public improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, D) Instruct the City Clerk to notify The Olson Company, the subdivider of Tract No. 17930, and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of these actions. Alternative Action(s): Deny the recommended action. Denying the recommended action may violate the Subdivision Map Act whereby: 1. Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing the public improvements shall be released upon acceptance of the work. Item 9. - 1 HB -62- Dept. ID PW 17-034 Page 2 of 2 Meeting Date: 7/17/2017 2. Section 66499.9 of the Government Code, requires the Guarantee and Warranty of the work for a period of one year following completion and acceptance of the improvement, against any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and Warranty bond may place undue burden and cost upon the city for correcting any defective work, labor and material provided by the subdivider. Analysis: On January 12, 2016, the Planning Commission approved Tentative Tract Map 17930 to allow the consolidation of two parcels into one lot for condominium subdivision of the subject 0.829 acres site. On August 1, 2016, City Council approved Final Tract Map No. 17930 and the Subdivision Agreement between the City of Huntington Beach and The Olson Company, and also accepted the project's required bonds as follows: Faithful Performance Bond No. PB03010402994; Labor and Materials Bond No. PB03010402994 and Monument Bond No. PB03010402995. The subdivider has completed all required public improvements and is now requesting release of the aforementioned securities, pursuant to California Government Code Section 66499.7(a). The constructed improvements include: curb, gutter, sidewalk, signing/striping and paving along Newland Street, and the domestic water, sewer and storm drain connections within Newland Street. The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of these improvements. TRI Pointe Homes, Inc. has provided Guarantee and Warranty Bond No. PB03010402994-A as security for the one-year warranty period, and is now requesting acceptance of this bond. Following is a list of the project data: DEVELOPER: The Olson Company, 2010 Old Ranch Parkway, Suite 100, Seal Beach, CA 90740 ENGINEER: IDS Civil Engineers, 1 Peters Canyon Road, Suite 130, Irvine CA 92606 LOCATION: 17541 & 17561 Newland Street (south of Slater Avenue, west of Newland Street) ZONE: RM (Residential Medium Density) GENERAL PLAN: RM-15 (Residential Medium Density— 15 dwelling units per acre) NO. OF ACRES: 0.829 acres 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, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Strategic Plan Goal: Non-Applicable —Administrative Item Attachment(s): 1. Notice of Acceptance of Public Improvements 2. Guarantee and Warranty Bond No. PB03010402994-A xB -63- Item 9. - 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder Recording requested by, II I I II II 111 I 111111111111 II NO F E E and when recorded return to: * $ R 0 0 0 9 4 2 2 6 3 3 $ * Robin Estanislau, City Clerk 2017000295702 3:12 pm 07118/17 Office of the City Clerk 105 406 A04 2 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on June 7, 2017, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and .Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements of the subdivision have been dedicated to the City of Huntington Beach, as described on Final Map No. 17930 (Monarch Walk Subdivision). Public improvements constructed consist of curb, gutter, sidewalk, paving, signing/striping and utility connections on Newland Street (domestic water, fire service and sewer system). The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the August 1, 2016 City Council Meeting Submitted for Recordation by the Orange County Recorder. _ �y Attest 2017 City Clerk and Ex-officio Clerk o e City Council of tl e City of Huntington Beach, California By dA- e9- - CITY OF HUNTINGTON BEACH by: eity Engi er 716 dewww*it wiwy for tm WCW bu*tat of"CRY of Fitxrtirgton Bach I*°wftnVk ed wider Garemment Code Sec.273=end t 11w recorded free of ehwpe. Recording requested by, and when recorded return to: Robin Estanislau,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190—2000 Main Street Huntington Beach, Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on June 7, 2017, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements of the subdivision have been dedicated to the City of Huntington Beach, as described on Final Map No. 17930 (Monarch Walk Subdivision). Public improvements constructed consist of curb, gutter, sidewalk, paving, signing/striping and utility connections on Newland Street (domestic water, fire service and sewer system). The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the August 1, 2016 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest �J "e / 2017 City Clerk and Ex-officio Clerk of e City Council of the City of Huntington Beach, California By ate- CITY OF HUNTINGTON BEACH by: eity Engi er Thk doconar*Is solely for the offkisl buskan of do aty of Huntirvton Beach, under GovwmWjt Code Sec.27383 and shouktU recorded free Of charge. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California ) ss County of Orange ) On June 7, 2017 before me, P.L. Esparza, Notary Public for the State of California, personally appeared Robin Estanislau and Thomas Herbel who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. P. L. ESPARZA Commission #2032750 Notary Public-California Z z Orange County D ! My Comm. Expires Au 4,2017 (Notary Signature) BOND NO. PB03010402994-A PREMIUM Included with Performance Bond. GUARANTEE AND WARRANTY BOND WHEREAS, Olson—Huntington Beach 3, LLC as a Principal, and Philadelphia Indemnity Insurance Company a corporation organized under the laws of the State of Pennsylvania _ and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach, California,as Obligee, in the penal sum of Eight Thousand Seven Hundred and Thirty Dollars($8,730) , representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves, and each of our heirs,executors,administrators,successors and assigns jointly and severally. WHEREAS,the said Principal entered into a contract with said Obligee, dated August 1, 2016 for work described as follows: Public improvements constructed consist of curb,gutter,sidewalk, paving,signing/striping, domestic/fire water system and sewer system services on Newland Street(Tract 17930, L#16-122) WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one-year period. WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship,which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on June 7 20 17 Olson—HuntingtonBeach3,LLC as Principal By See attached signature page Philadelphia Indemnity Insu nce Company By Michelle Haase,Attorney-In-Fact THE Signature Block - Olson Urban Housing o Specific Purpose Entity o1V cot�4 For use with Olson Urban Housing SPE limited liability company affiliates OFFICIAL SIGNATURE BLOCK FORMAT: OLSON — HUNTINGTON BEACH 3, LLC a California limited liability company By: IN TOWN COMMUNITIES, LLC a California limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Member By: IN To IVING, INC. a Delza r corpor on Managi g emb r By: Name: C0 e Title: 121 By: am—eA: - rip WHY Title: AP VED!�S to O By. U Q1 14ICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH S:\SURETY\IRVINE CLIENTS\Olson Company\Signature Blocks\Signature Block-Olson-Huntington Beach 3 LLC.docx ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } JUN 0 7 2011 M. Barreras Notary On before me, Public , i (I-We insert name an h e 0 e o leer) personally appeared Michelle Haase who proved to me on the basis of satisfactory evidence to be the personal whose name(s) is/m subscribed to the within instrument and acknowledged to me that he/she/tAW executed the same in kis/her/their authorized capacity0axX and that by tWherAhak signature(* on the instrument the person6Q, or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M.BARRERAS Commission#2048208 z WITNESS my hand and official seal. Z -. Notary Public-California Z Orange County /� /� nn A n ,r Niittary Pr Signature /I ���{� My Comm.Expires Nov S.2017 "`/"` (Notary Public Sea]) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notai tv wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed andattached to the document.Acknolwedgems front other states may he completed far documents being sent to that state so long as the wording does not require the California notary to violate California notary lair. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lee/shc/dtey-is/am)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. impression trust not cover text or lines. if seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. i Attomey-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a •• corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version ,^.dv;.NetaryCl6sses.ccrn 800 873-9865 • Securely attach this document to the signed document with a staple. 5448 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed S25.000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"of November,2016. RESOLVED: That the Board of Directors hereby authorizes the the President or any Vice President of the Company: (1)Appoint Attomey(s)in Fact and authorize the Attomey(s)in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future Huth respect to any bond or. undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14T"DAY OF NOVEMBER,2016. 27 (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 14t'day of November,2016,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company,that the said Corporate Seal and his signature were duly affixed. COMMON W LrN R YEMNMV MotarUl Sol Mara Howard,Notary PYWIC Lower 140.rwp.,Moatpomtry County My COmralubn bores Jan.6,2010 rr.,u♦rusn.ru uree�-re.a w:ucn Y`^' -T �"t-J 0�� Notary Public: residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: January 8,2018 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14t'day of November,2016 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, JU N 0 7 2017 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 20 7(12 7 Edward Sayago,Corporate Secretary PHILADELPHiA INDEMNITY INSURANCE COMPANY s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On June 14, 2017 before me, N. Steinkellner,Notary Public, personally appeared Scott Laurie & Mario Urzua who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N. STEINKELLNER Notary Public • California z ,=: Orange County z Notary Public z � Commission #r 2177-395 ' State of California (SEAL) My Comm. Expires Jan 26,2021 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City�7� k / 7 DATE: SUBJECT: Bond Acceptance have received the bonds for _ ��L.saj 00 _ r7`VJ 3 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. l� �99 ?" TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other //7Re: Tract No. Approved 7 (Coun it Approval Dat ) CC No. Agenda Item No. MSC No. City Clerk Vault No. �® Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FB. 199 : Office of the City Clerk I7, 9� Robin Estanislau, City Clerk July 18, 2017 The Olson Company 2010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740 To Whom It May Concern: Re: Accept public improvements, release securities for Tract 17930 (Monarch Walk Subdivision, south of Slater Avenue, west of Newland Street) and accept Guarantee &Warranty Bonds Please be advised that on Monday, July 17, 2017, the City Council of the City of Huntington Beach took the following action: Approved and accepted the public improvements, released the securities for Tract 17930 (Monarch Walk Subdivision, south of Slater Avenue, west of Newland Street) and accepted Guarantee &Warranty Bonds 1) Accepted the improvements constructed and dedicated for public use with Tract 17930 and instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder; and, 2) Released Faithful Performance Bond No. PB03010402994, Labor and Materials Bond No. PB03010402994 and Monument Bond No. PB03010402995, pursuant to the California Government Code Section No. 66499.7(a); and, 3) Accepted Guarantee and Warranty Bond No. PB03010402994-A; the security furnished for guarantee and warranty of public improvements, and instructed the City Clerk to file the bond with the City Treasurer; and, 4) Instructed the City Clerk to notify The Olson Company, the subdivider of Tract No. 17930, and the City Treasurer to notify Philadelphia Indemnity Insurance Company, of these actions. Sincerely, Robin Estanislau City Clerk RE: pe Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID CD 16-010 Page 1 of 2 Meeting Date: 8/1/2016 Approved 6-0-1 (Peterson Absent) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/1/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development SUBJECT: Approve Final Tract Map No. 17930 and accept the offer of easements for the Newland Condominium Subdivision by The Olson Company located on the west side of Newland Street, approximately 220 feet south of Slater Avenue Statement of Issue: Transmitted for consideration is Final Tract Map No. 17930 for the Newland Condominium Subdivision by The Olson Company located on the west side of Newland Street, approximately 220 feet south of Slater Avenue. This subdivision consolidates two parcels into one lot for condominium purposes in order to develop an approximately 0.829 acre site with 13 for-sale townhome units. Financial Impact: Not applicable. Recommended Action: Approve Final Tract Map No. 17930 and accept the offer of easements pursuant to findings and requirements (ATTACHMENT NO. 1). Alternative Action(s): The City Council may make the following alternative motions: 1. Deny Final Tract Map No. 17930 and reject the offer of easements. 2. Continue Final Tract Map No. 17930 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: Aaron Orenstein, The Olson Company, 3010 Old Ranch Parkway, Suite 100, Seal Beach, CA 90740 Property Owner: Pastor Richard Winter, Coast Community Church, 16061 Burgess Circle, Westminster, CA 92683 Surveyor: Pietro Gambino, IDS Group Location: 17541 & 17561 Newland Street, 92647 (west side of Newland Street, approximately 220 feet south of Slater Avenue) General Plan: RM-15 (Residential Medium Density— 15 du/ac) Dept. ID CD 16-010 Page 2 of 2 Meeting Date: 8/1/2016 Zoning: RM (Residential Medium Density) No. of Acres: 0.829 acres No. of Numbered Lots: 1 No. of Lettered Lots: 0 B. BACKGROUND: On January 12, 2016, the Planning Commission approved Tentative Tract Map No. 17930 to consolidate two parcels into one lot for condominium purposes in order to develop an approximately 0.829 acre site consisting of 13 for-sale townhome units with associated open space, infrastructure, landscaping, and utility/fire access. A motion made by Kalmick, seconded by Semeta, to approve Tentative Tract Map No. 17930 with suggested findings and conditions of approval, carried by the following vote: AYES: Crowe, Semeta, Pinchiff, Kalmick, Mandic, Brenden, Hoskinson NOES: None ABSTAIN: None ABSENT: None The developer has satisfied affordable housing requirements by agreeing to build two affordable units onsite. Additionally, the subdivider will satisfy park and recreation requirements by paying Quimby Act Park Land In-Lieu Fees prior to final building permit approval. C. ANALYSIS: The final map has been examined and certified by the Departments of Public Works and Community Development and the City Engineer on July 14, 2016, as being in conformance with the conditions of approval of the tentative map, as approved by the Planning Commission on January 12, 2016. Staff recommends approval of Final Tract Map No. 17930. Environmental Status: This action to accept Final Tract Map No. 17930 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Strengthen economic and financial sustainability Attachmentfs): 1. Findings and Requirements for Acceptance of the Final Tract Map No. 17930 2. Vicinity Map 3. Final Tract Map No. 17930 4. Tentative Tract Map No. 17930 Findings and Conditions of Approval SH:JJ:KB:KDC FINDINGS FOR ACCEPTANCE OF FINAL TRACT MAP NO. 17930 Findings for Acceptance of Final Tract Map No. 17930: 1. Final Tract Map No. 17930 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 17930 conditions of approval, as approved by the Planning Commission. Requirements: 1. Acceptance of offer of dedication for a easement over the private streets for Police and Fire Department emergency access and an easement for street and public utility purposes, and acceptance of offer of dedication in fee, for the half width of Newland Street along the project frontage shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. Attachment No. 1 ■■■■OEM ■■■■■■■1610 ■■■■■■■■! 1■■■ ■ MEMONOME titer Avenue J r— — � ■■■■ a ' I ;&4 ■■ -i �itrof Fou' 3 I i :.-dilect J1tC M A CA E VICINITY MAP FINAL TRACT MAP NO. 17930 (NEWLAND 1O 1STREET) ACCEPTED AND FILED AT THE SHEET 1 OF 3 SHEETS REQUETU CT 1793 O FIRST AMERICANSTITLE COMPANY 1 NUMBERED LOT 0.977 ACRES (42537 SQFT) GROSS 0.830 ACRES (36137 SQFT) NET IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE: ALL OF TENTATIVE BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF THE TRACT MAP 17930 SOUTHWEST QUARTER OF SECTION 25 OF TOWNSHIP 5 SOUTH, RANGE 11 WEST TIME: FEE: DATE OF SURVEY OCTOBER 2015 IN THE RANCHO LAS BOLSAS, RECORDED IN BOOK 51 PAGE 13 OF INSTRUMENT No. MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER. BOOK PAGE _ FOR CONDOMINIUM PURPOSES HUGH NGUYEN THE IDS GROUP PIETRO GAMBINO, P.L.S. 7687 DATE OCTOBER 2015 COUNTY CLERK — RECORDER BY: OWNERSHIP CERTIFICATE: SURVEYOR'S STATEMENT: DEPUTY WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. ACT AND LOCAL ORDINANCES AT THE REQUEST OF OLSON HUNTINGTON BEACH 3, LLC, OCTOBER, 2015. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE WE HEREBY DEDICATE TO THE PUBLIC IN FEE SIMPLE TO THE CITY OF HUNTINGTON CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN BEACH FOR STREET AND PUBLIC UTILITY PURPOSES: NEWLAND STREET SUCH POSITIONS WITHIN 90 DAYS AFTER THE ACCEPTANCE OF SITE IMPROVEMENTS; THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. WE ALSO HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH: I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. AN EASEMENT DEDICATED TO THE CITY OF HUNTINGTON BEACH OVER PRIVATE STREETS FOR POLICE, FIRE AND EMERGENCY SERVICES AND FOR THE PURPOSE OF 1ANDg� MONITORING AND INSPECTING GROSS POLLUTANT REMOVAL DEVICES. �fJ J o 9y v � �f ��� WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH lz 1IIb ALL VEHICULAR ACCESS RIGHTS TO NEWLAND STREET EXCEPT AT APPROVED PIETRO GAMBINO i4 rt ACCESS LOCATIONS. PLS 7687 — EXP 12/31/16 L.S.7687 1 OLSON - HUNTINGTON BEACH 3, LLC p �cA� A CALIFORNIA LIMITED LIABILITY COMPANY BY: IN TOWN COMMUNITIES, LLC CITY ENGINEER'S STATEMENT: A CALIFORNIA LIMITED LIABILITY COMPANY I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SOLE MEMBER SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION: THAT ALL PROVISIONS OF THE BY: OLSON URBAN HOUSING, LLC SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED A DELAWARE LIMITED LIABILITY COMPANY WITH. MEMBER ®FREESSt(��y�J' DATED THIS 14 DAY OF 7fV 2016 4� C M 7f� BY: IN TOWN LIVING, INC. A D WARE CORPORATION M AG NG MEMBER Na.53 UP THO S M. CITY, NGINEER NAME: COTT LAU RCE 53300 — EXPIRES 6/30/17 �Or TITLE: PRESIDENT & CEO COUNTY SURVEYOR'S STATEMENT: BY: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL NAME: RIO U A MAPPINC- PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND TITLE: S NIOR VP & CFO I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. BENEFICIARY DATED THIS DAY OF DAY OF 2016 WELLS FARGO BANK, NATIONAL ASSOCIATION, BENEFICIARY UNDER DEED OF TRUST RECORDED ON MARCH 29, 2016 AS INSTRUMENT NO. 2016000130889, OF OFFICIAL RECORDS. KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617 BY: NAM Fee JC404 u00vE•NM'sM TIT E: SENIOR VICE PREE!p6N* BY: JON C. HORNECKER, DEPUTY COUNTY SURVEYOR L.S. 7212 CITY CLERK'S CERTIFICATE: NOTARY ACKNOWLEDGMENT: STATE OF I CITY OF HUNTNTINGTONNGTON BEACH SS FOR NOTARY ACKNOWLEDGEMENTS SEE SHEET 2 OF 3 COUNTY OF ORANGE HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 2016 AND THAT THEREUPON SAID COUNCIL DID, SIGNATURE OMISSIONS: BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP. PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A)&(C) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: I HEREBY ACCEPT THE DEDICATION IN FEE SIMPLE FOR STREET AND PUBLIC UTILITY PURPOSES: NEWLAND STREET. THE CITY OF HUNTINGTON BEACH, HOLDER OF AN EASEMENT FOR PUBLIC STREET, UTILITIES, AND INCIDENTAL PURPOSES RECORDED SEPTEMBER 21 , 1988 AS INSTRUMENT NO. 88-479742, ALSO HEREBY ACCEPT THE VEHICULAR ACCESS RIGHTS TO NEWLAND STREET AS OFFICIAL RECORDS (PLOTTED HEREON). RELEASED AND RELINQUISHED. A.A. STUART, ET AL, PER RESERVATION MADE FOR PUBLIC STREET PURPOSES PER DEED I ALSO HEREBY ACCEPT THE EASEMENT OVER PRIVATE STREETS FOR POLICE, FIRE, RECORDED NOVEMBER 12, 1941 IN BOOK 116, PAGE 354 OFFICIAL RECORDS (PLOTTED EMERGENCY SERVICES, AND FOR THE PURPOSE OF MONITORING AND INSPECTING HEREON). GROSS POLLUTANT REMOVAL DEVICES. ROSA WATERS PER RESERVATION MADE FOR OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES AND DID APPROVE THE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION BELOW A DEPTH OF 500 FEET, BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT. A DEED RECORDED FEBRUARY 28, 1964 IN BOOK 6938 PAGE 101 OF OFFICIAL RECORDS. THIS STATEMENT WILL TAKE EFFECT UPON THE DATE UPON WHICH THE COUNTY OF ORANGE APPROVED THE MAP AS TECHNICALLY CORRECT. DATED THIS DAY OF 2016 COUNTY TREASURER - TAX COLLECTOR'S CERTIFICATE: JOAN L. FLYNN, CITY CLERK STATE OF CALIFORNIA )3 CITY PLANNING COMMISSION CERTIFICATE:SS COUNTY OF ORANGE I SCOTT HESS, SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID FILED WITH, AMENDED, AND APPROVED BY THE HUNTINGTON BEACH CITY PLANNING STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED COMMISSION. AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF DATED THIS�fL DAY OF 2016 THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE _ LAND COVERED BY THIS MAP. SCOTT ES DATED THIS DAY OF 2016 SECRETARY TO THE PLANNING COMMISSION SHARI L. FREIDENRICH BY: COUNTY TREASURER—TAX COLLECTOR TREASURER—TAX COL_ECTOR CONDOMINIUM NOTE: THE SUDDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 13 UNITS WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEIv,ENTS FOR THE UNITS. SHEE 2 OF SHEETS 0 977T ACRES3(42537 SQFT) GROSS T]" CT T/ 'y 0 1 NUMBERED LOT 0.830 ACRES (36137 SOFT) NET IN THE CITY OF HL'NTINGTONBEACII, COUTTYOF ORANGE, STATE OFCALIFORNIA ALL OF TENTATIVE TRACT MAP 17930 FOR CONDOMINIUM PURPOSES DATE OF SURVEY: OCTOBER 2015 THE IDS GROUP PIETRO GAMBINO, P.L.S. 7687 DATE OCTOBER 2015 NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF ORANGE SS ON MAY 31, 2ol 6 BEFORE ME, PI 5TCINIGF-L 1 EfL A NOTARY PUBLIC, PERSONALLY APPEARED 5GOTT LAUKIE ac MA210 UPZUA WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT W HEY EXECUTED THE SAME IN .t+/t#€.R HEI AUTHORIZED CAPACITY(IES), AND THAT BY HEI SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IS IN L0-6 ANCtE.LG5 COUNTY N STEINkEI n1E1Z MY COMMISSION EXPIRESJAN Z Zo/:� NAME PRINTED �mmrss<on � Zoo2cFsa NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA S'aft IX 4eq+ SS COUNTY OF GRAND ON I-ti Nf I, 2 0/� BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED -j-o A n Id rP Af C y h i 5v- y WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME(;e IS/AFK SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SFie/TF}EY EXECUTED THE SAME IN HIS/H&i/TKIR AUTHORIZED CAPACITY(.,r ), AND THAT BY HIS/1-A/T&R SIGNATURE(9'j ON THE INSTRUMENT THE PERSON(8�, OR ENTITY UPON BEHALF OF WHICH THE PERSON(51 ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE �2 � MY PRINCIPAL PI ACE OF BUSINESS NgWY PUBLIC IN AND FOR SAID STATE IS IN Sp p h 'D,t y-o COUNTY -� � ' I�xQ h ��✓ MY COMMISSION EXPIRES )AK4ft/Zl, 2 d/ 7 NAME PRINTED C Q yy,) Sti a r1 40- 2-1 0 l( U NOTARY ACKNOWLEDGMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA SS COUNTY OF ORANGE ON BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE IS IN COUNTY MY COMMISSION EXPIRES NAME PRINTED SHEET 3 OF 3 SHEETS 1 NUMBERED LOT T" CT 1793 0 0.977 ACRES (42,537 SQFT) GROSS 0.830 ACRES (36,137 SQFT) NET ALL OF TENTATIVE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA TRACT MAP 17930 DATE OF SURVEY: OCTOBER 2015 FOR CONDOMINIUM PURPOSES MONUMENT NOTES: THE IDS GROUP PIETRO GAMBINO, P.L.S. 7687 DATE OCTOBER 2015 INDICATES FOUND MONUMENT AS NOTED. BASIS OF BEARINGS: - INDICATES FOUND O.C.S. HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN OCS THE OFFICE OF THE ORANGE COUNTY SURVEYOR. HORIZONTAL CONTROL STATION GPS NO. 5070 AND THE STATION GPS NO. 5085 BEING A INDICATES SET SPIKE AND WASHER STAMPED "LS 7687", FLUSH. N00'16'07"E PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. Q INDICATES SPIKE AND WASHER STAMPED "LS 7687" OR 2" I.P. TAGGED "LS 7687" TO BE SET AT DATUM STATEMENT: ALL DISTINCTIVE BOUNDARY CORNERS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS. COORDINATES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, (CCS83) ZONE VI, MONUMENT NOTES: 1983 NAD, (2007.00 EPOCH OCS GPS ADJUSTMENT.) Oj FOUND GEAR SPIKE AND WASHER STAMPED "LS 5023", FLUSH, PER CORNER RECORD 2011-2912. ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TO OBTAIN GRID ACCEPTED AS THE WEST 1/4 CORNER OF SEC. 25, T5S, R11W, RANCHO LAS BOLSAS. DISTANCE MULTIPLY GROUND DISTANCE BY 0.99997875 (MEAN OF GPS 5085 & 5070) EASEMENT AND DEDICATION NOTES: O2 OC "GPS 5085" FOUND PUNCHED SPIKE AND WASHER STAMPED "RCE 20435", FLUSH, PER TRACT OA A RESERVATION FOR PUBLIC ROAD PURPOSES RECORDED NOVEMBER 12, 1941 IN BOOK NO. 11140 MM 582/1-2. ACCEPTED AS THE CENTER OF SEC. 25, T5S, R11W, RANCHO LAS 1116 PAGE 354, OFFICIAL RECORDS BOLSAS, OB AN EASEMENT FOR PUBLIC STREET, PUBLIC UTILITIES, AND INCIDENTAL PURPOSES O OC "GPS 5070" FOUND 2" BRASS DISK (NO STAMPING) IN WELL MONUMENT PER TRACT N0. RECORDED SEPTEMBER 21, 1988 AS INSTRUMENT No. 88-479742 OF OFFICIAL RECORDS 11140 MM 582/1-2, DOWN 1.0'. ACCEPTED AS THE SOUTH 1/4 CORNER OF SEC. 25, T5S, R11W, RANCHO LAS BOLSAS. AN OFFER OF DEDICATION IN FEE SIMPLE TO THE CITY OF HUNTINGTON BEACH FOR O FOUND 3/8" IRON ROD, NO REF., DOWN 0.1', FITS CITY TIE SHEETS 6411 AND 6412. SET SPIKE & O STREET AND PUBLIC UTILITY PURPOSES WASHER STAMPED "LS 7687", FLUSH. AN EASEMENT DEDICATED TO THE CITY OF HUNTINGTON BEACH OVER PRIVATE STREETS O5 SEARCHED, FOUND NOTHING. ESTABLISHED RADIUS OF CUL DE SAC PER CITY TIE SHEET 6411. SET OD FOR POLICE, FIRE AND EMERGENCY SERVICES, AND FOR THE PURPOSE OF MONITORING SPIKE & WASHER STAMPED "LS 7687", FLUSH. AND INSPECTING GROSS POLLUTANT REMOVAL DEVICES RECORD MAPS 6O SEARCHED, FOUND NOTHING. SET SPIKE & WASHER STAMPED "LS 7687, FLUSH. ( ) INDICATES RECORD DATA PER TRACT 5039, MM 180/30-31 O7 SEARCHED, FOUND NOTHING, ESTABLISHED SOUTH EAST CORNER OF THE NORTHEAST 1/4, NORTH [ ] INDICATES RECORD DATA PER TRACT 11140, MM 582/1-2 EAST 1/4, SOUTHWEST 1/4, SECTION 25 T5S, R11W, RANCHO LAS BOLSAS AT RECORD DISTANCE INDICATES RECORD DATA PER PARCEL MAP 87-113, PMB 234/43-44 FROM THE CENTERLINE OF INTERSECTION OF SLATER STREET AND NEWLAND STREET, PER TRACT < > INDICATES RECORD DATA PER RECORD OF SURVEY 2003-1111 RSB 200/30 NO. 5039 MM 180/30-31. (( )} INDICATES RECORD DATA PER DEED RECORDED AS INSTRUMENT NO, 19970279882,0.R. [[ ]] INDICATES RECORD DATA PER DEED RECORDED AS INSTRUMENT NO. 201 6 0001 30888, O.R. ® SEARCHED, FOUND NOTHING, SET NOTHING. INDICATES RECORD DATA PER CITY OF HUNTINGTON BEACH TIE SHEET 6411 O A CORNER RECORD PERPETUATING THE MONUMENT'S POSITION SHALL BE FILED WITH THE ORANGE «>> INDICATES RECORD DATA PER CITY OF HUNTINGTON BEACH TIE SHEET 6412GPS 5085 COUNTY SURVEYOR'S OFFICE WITHIN 90 DAYS OF ACCEPTANCE OF SITE IMPROVEMENTS. N 220578815 SEC 25, ;Rl LINE SW1 /4 SEC 25 T5S. SLATER AVENUE RANCHO BOLSAS 2 E 6035423.87 R11W RANCHO LAS BOLSAS N89'30'29"W 2637.85' <2637.85'> J2637.75} FD PUNCHED SPIKE AND 2371.99' - CL 265.86' 265.70'j - CLWASHER STAMPED "RCE SEC 25, T5S, R11W, o o [� ] g�]o�J b20435" FLUSH. STATION IS SEARCHED, SEARCHEDo LOCATED AT THE CENTERLINE RANCHO LAS BOLSAS FOUND NOTHING � 00 0o0 N56.1g 1� �E'p ]C3 �34/4 ��4} FOUNDo Y0' INTERSECTION OF NEWLAND SURVEY OF 320.48 NOTHINGSO I STREET AND SLATER AVENUE. BEACH BLVD N89'30'29"W 146 12'�146.23') N 89 30 29 W 265.86' 265.7067,17' 25.00'' 133.69 0' rESTABLISHED PER BEARING co " I mBEARING INTERSECTION INIQ w ESTABLISHED BY DEED RECORDEDo U = I� � AS INSTRUMENT NO. 2016000130888 N w o M of r W 4b' p to 0 m 1n D m I a0 O x w < . D o v1 ri I v uo 0r a fzW co � �Ni C 20 o / 00 m c0 Cr w C6 zoo � N89'43'53W 94 ' o C-4 C _ o 00 / o ~ M o 'o ( } o6 0 20_00' 1 20.00' w QC'4 g oui 0 0 0 W , o� PRIVATE STREET ry F -cn J z W O m > -'fir C2 N89'4T3'S3TW 194.64 o0 0 cN /� C3 LO 1 1 C B Z o o 04 o N w oz ZI a cs, �^ 9\gym &e 42,537 SF GRO S a I 'o o�_ '' 0 0 36,137 SF NET w I o0oz w LolVEHICULAR ACCESS RIGHTS TO NEWLAND nz o ¢ 0 z w STREET ARE RELEASED AND RELINQUISHED- 20' 120' z z o TO THE CITY OF HUNTINGTON BEACH, 40, 00 0 EXCEPT AT APPROVED ACCESS LOCATIONS8 A 00_ 0225.86' 0 - 67.17' _25.00' 133.69' pp SEARCHED, N 89'30'29" W 265.86' ((265.86' CALC'D)) M FOUND NOTHING SEARCHED,to FOUND NOTHINGo N W� w WoSOUTHERLY LINE OF THE DEED RECORDED AS'Td I INSTRUMENT NO. 2016000130888, O.R. ALSO THE �0 NORTHERLY LINE OF PARCEL 2 OF THE DEED (nN g I RECORDED AS INSTRUMENT NO. 19970279882, O.R.0 t - - - THERE IS NO GAP OR OVERLAP BETWEEN DEEDS. I (oOI � Z m °, M W : LINE TABLE v� Q w w Z I No. BEARING DISTANCE M Z I �J L0 � 2 L1 N01'26'17"E 40.59' <<40.35'>> O Q 3 p rn Ir w 0 ^I L2 N59'22'38"W 39,62' <<39.62'>> m LLI NSN I 0 o Z z M r- L3 N71'56'55"E 19.30' <<19.24'>> WZ w J Z w 0 I L4 N88'11'32"W 18.23' <<18.18'>> O n u M L5 N22'26'19"E 54.21' €154.25.11 N o - N L6 N24'22'19"E 54.99' 1£55.01'II N - L7 N86'.43'45"W 18.18' 1118.18')} 8 w0)SEE DETAIL A L8 N1737'40"W - 8'55"W Z io cn L9 N255 LiQ N13'47'14 Mp M I 20' rl co L11 N13'14'59"W - w 00 ROSANNA L12 N26'31'10"E - rn m:C „DRIVE I I L13 N18'09'55"E - a I Ur - -/ - - -I 3o I 10 61. o m Lj _ Z ` o I y 0 f-- / 0 Q o z�a _ ` w 't - I 1=fZ w 0 z \ � W g z cv \ =FL n 1 " Z 8 225.86' [225.86 ] _0 � w �i71 Z - - - - - - - - � - - - 40' l`w M _ I Z O o "X L �J Q o $ CURVE TABLE \ or 9 4 z 04 00 X - O)^ No. DELTA RADIUS LENGTH I- ROSANNA w O o Cl 55'46'46" 17.00' 16.55' \ g U [� DRIVE Lo WI ri C2 31'24'54" 45.00' 24.67' LLJ 4 ^ C3 17'S3'48" 17.00' S.31' ��� cv Q g o 0 C4 55'46'46" 17.00" 16.55' o �4 �c�o n � SEC 25, T5S, Rl 1 W, w z 30' i o C5 31'24'54" 45.00' 24.67' 4��n g o�B RANCHO LAS BOLSAS cJizz zl PO C6 1T53'48" 17.00' 5.31' W� OQ Q aD 30.00' 95_91' (96.00') 8 v 249.86' [249.86'� - - - - \ 40.00' 7 GPS 5070 DETAIL A 289.66' (289.86') [[ 289.8611 NTS 9 6 ESTABLISHED BY BEARING N 89'31'14" W 415.77' (415.86' CALC'D) kul aN 2203155.15 BEARING INTERSECTION SEARCHED, E 60354/1.52 ESTABLISHED BY TURNING RECORD ANGLE FROM NEWLAND FOUND NOTHING GRAPHIC SCALE STREET AND AT RECORD DISTANCE PER TRACT NO. 5039 \ FD 2" BRASS DISK, NO 40 0 20 40 80 120 MM 180/30-31, AND PER DEED RECORDED AS STAMPING, IN CONCRETE, DOWNINSTRUMENT NO. 2016000130888, O.R. TALBERT AVENUE1.0' IN WELL MONUMENT. STATION IS LOCATED AT THE ( IN FEET ) CENTERLINE OF NEWLAND 1 inch = 40 ft. STREET AND TALBERT AVENUE. -13Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92646 NOTICE OF ACTION January 13, 2016 Aaron Orenstein The Olson Company 3010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740 SUBJECT: TENTATIVE TRACT MAP NO. 17930/CONDITIONAL USE PERMIT NO. 15-030 (NEWLA ID CONDOMINIUMS) APPLICANT: Aaron Orenstein, The Olson Company, 3010 Old Ranch Parkway, Suite 100, PROPERTY Seal Beach, CA 90740 OWNER: Pastor Richard Winter, Coast Community Church, 16061 Burgess Circle, Westminster CA 92683 REQUEST: TTM: To consolidate two parcels into one lot for condominium purposes in order to develop 13 attached townhome units. CUP: To develop an approximately 0.829 net acre site with 13 for-sale townhome units and associated infrastructure consisting of: a) a density bonus of one unit with one incentive for reduced parking, b) a multiple family development that abuts an arterial highway, c) a multiple family development that includes dwelling units more than 150 feet from a public street; and, d) a multiple family development that includes buildings exceeding 25 feet in height. LOCATION: 17541 & 17561 Newland Street, 92647 (west side of Newland Street, approximately 220 feet south of Slater Avenue) DATE OF ACTION: January 12, 2016 On Tuesday, January 12, 2016, the Huntington Beach Planning Commission took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the a person desiring to appeal the decision shall file a written notice of a appeal period. A ti ten 00) calendar days of the date of the Planning Commission's action. The notice of ce of lap within shall include the name and address of the a peal grounds for the a appellant the decision being appealed, and the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Phone 714-536-5271 Fax 714-374-1540 www,surfcity-hb.org Notice of Action:TfM 17930\CUP 15-030 January 13, 2016 Page 2 Hundred Eighty-Three Dollars ($3,383.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is January 22, 2016 at 5:00 PM. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact John Ramirez, the project planner, at john.ramirez@surfcity-hb.org or(714) 374-1684 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, AICP, Secretary Planning Commission By: F k Jane Jam s, Planning Manager SH:JJ:JR:kdc Attachment: Finding and Conditions of Approval—TTM 17930\CUP No. 15-030 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Community Development Bill Reardon, Division Chief/Fire Marshal Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Inspection Manager John Ramirez, Contract Planner Property Owner Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 17930 CONDITIONAL USE PERMIT NO. 15-030 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332, Class 32 of the California Environmental Quality Act, which exempts from environmental review projects characterized as in-fill development that are: a) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c) the project site has no value as habitat for endangered, rare or threatened species; d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and; e) the site can be adequately served by all required utilities and public services. Staff has prepared an expanded and detailed Notice of Exemption (Attachment No. 10) demonstrating the project is exempt from CEQA pursuant to Section 15332, Class 32 (In-Fill Development) since the project is meets the requirements set forth in a) through e) above. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 17930: 1. Tentative Tract Map No. 17930 for a one lot condominium subdivision on approximately 0.829 acres for development of 13 attached townhome units is consistent with the intent of the General Plan Land Use Element designation of Residential Medium Density, and other applicable provisions of the HBZSO code. 2. The site is physically suitable for the type and density of development. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the HBZSO code. The project site is able to accommodate the type of development proposed. The proposed subdivision will result in a density of 15.68 units per acre, which is allowed in accordance with State Density Bonus Law and as part of the request for this property designated Residential Medium Density land use designation. The proposed density would be compatible with surrounding multi-family developments. 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 site is surrounded by residential development, a religious assembly and paved roads. The site does not contain any natural open space or any significant biological resources. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed G:\PC\NOA\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.1 subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 15-030: 1. Conditional Use Permit No. 15-030 for the development of 13 attached for-sale residential units and associated infrastructure and site improvements, including: a) a density bonus of one unit with one incentive for reduced parking; b) a multiple family development that abuts an arterial highway; c) a multiple family development that includes dwelling units more than 150 feet from a public street; and, d) a multiple family development that includes buildings exceeding 25 feet in height, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will improve the existing underutilized parcels of land with a development consistent with the underlying General Plan land use and zoning designations. The proposed residential use is similar to those existing uses in the vicinity. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials. The project will have adequate setback buffers from adjacent residential uses and have two-story massing along the street edge to maintain proportion with the pedestrian scale. Proposed improvements include enhanced landscaping, decorative paving, and quality architectural design throughout the site. Furthermore, the layout of the site improves the visual surroundings by providing efficient drive aisles for vehicular access, safe pedestrian access with decorative paving, and minimizing the visibility of parking garages and parking spaces from the street. 2. The conditional use permit will be compatible with surrounding residential and religious assembly uses in terms of setbacks, onsite parking, lot coverage, and allowable building height. Architectural design is composed of the traditional Spanish style consisting of stucco exterior, the roof, varied offsets and rooflines, and decorative balcony railings. Enhanced landscaping along the site perimeter and within the common open space courtyards will create visual interest and improve the visual image of the community. The project includes two-story buildings that are compatible with surrounding developments and proportionally relate to the overall mass and scale of the neighborhood. The proposed project is in conformance with applicable code requirements and has been designed to be compatible with existing uses in the vicinity. The project's building scale, architecture, site layout and color palette will complement the surrounding developments. 3. The proposed project 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. The project complies with the development standards in terms of minimum onsite parking, height, setbacks, and lot coverage. Adequate vehicular and pedestrian circulation is provided for convenient access throughout the project. 4. The proposed project, which includes a density bonus and a request for a parking concession, complies with all provisions of the Code. Given the minimal nature of the density bonus and reduction in parking being requested, the project will not be detrimental the welfare of persons working or residing in the vicinity. Additionally, the project, inclusive of the density bonus, can be adequately served by local utility systems (water, sewer, storm drain) and will not have a significant or adverse impact on traffic volume, school enrollment or recreational resources in the area. As designed, the project is compatible with the physical character of the surrounding area and the intent of the General Plan. GAPC\N0A\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.2 5. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the intent of General Plan Land Use Element designation of Residential Medium Density. In addition, it is consistent with the following goals, objectives, and policies of the General Plan: A. Land Use Element Obiective LU 1.1: Provide for the timing of residential, commercial, and industrial development coincident with the availability of adequate market demand to ensure economic vitality. Obiective LU 8.1: Maintain the pattern of existing land uses while providing opportunities for the evolution, including intensification and re-use, of selected subareas in order to improve their character and identity. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Obiective LU 9.3: Provide for the development of new residential subdivisions and projects that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood and identity. Policy LU 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. The proposed project will improve an underutilized and partially vacant property by allowing the development of residential uses within close proximity to compatible uses. The residential project will implement the residential land use category appropriate for the site's General Plan land use designation and establish a development consistent with the size, scale, mass and pattern of existing development in the area. The introduction of newly constructed three-bedroom ownership units into the area provides for home ownership opportunities in an area that contains primarily multiple family rental units. The surrounding residential uses will benefit with the introduction of newly constructed housing in the neighborhood as the existing aging structures on site will be removed. The development will provide new housing stock in the area and will potentially attract first-time homebuyers by providing an expanded opportunity for ownership in the area. B. Urban Design Element Goal UD 1: Enhance the visual image of the City of Huntington Beach. Objective UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. The project will enhance the character of the neighborhood and improve property values. The proposed buildings will be compatible with existing development at similar heights and massing and incorporate a Spanish-themed architectural palette into the area, providing interest and high-quality design to the streetscape. Common open space central and to the G:\PC\NOA\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.3 rear of the project combined with enhanced landscaping will create visual interest from the frontage along Newland Street. Garages and open parking spaces are primarily located facing away from the street frontages. A decorative paving treatment frames the drive aisle entry to the site and creates visual interest while also serving as pedestrian access into the site. C. Housinq Element Policy 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 3.2: Utilize the City's Inclusionary Housing Ordinance as a tool to integrate affordable units within market rate developments. Continue to prioritize the construction of affordable units on- site, with provision of units off-site or payment of an in-lieu housing fee as a less preferred alternative. Policy 3.3: Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance, with funding priority to projects that include extremely low income units. Proactively seek out new models and approaches in the provision of affordable housing. Policy 4.1: Support the use of density bonuses and other incentives, such as fee deferrals/waivers and parking reductions, to offset or reduce the costs of developing affordable housing while ensuring that potential impacts are addressed. Policy 6.1: Implement the City's Green Building Program to ensure new development is energy and water efficient. The project consists of 13 residential units, which contributes to the City's housing stock. The project includes a request for a density bonus for one additional unit and one incentive for reduction in parking standards in exchange for affordable housing as allowed by State Law and the HBZSO. As part of the request for a density bonus and associated incentive, the applicant is entering into an Affordable Housing Agreement with the City to establish two of the 13 units as affordable units for persons/families of moderate income for a period of 45 years. The development request as proposed is consistent with the intent of the policies identified above. As such, the project will contribute to the City's overall housing goals. Additionally, sustainable features and construction practices will be incorporated in the project including energy-efficient lighting, water efficient plumbing fixtures, recycling of construction waste, and tankless water heaters. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 17930: 1. The Tentative Tract Map No. 17930 for consolidation of two existing parcels and the subdivision of the resultant parcel into a 13 unit airspace subdivision for a multiple family residential development received and dated September 18, 2015, with the following modifications, shall be the approved layout: G:\PC\NOA\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.4 a) Each utility easement shall be recorded per a separate instrument from the Final Map and referenced as such on the Final Map. b) Remove Note "C" on Sheet C1.0 from the Final Map. c) A dedication, in fee, for the full width of Newland Street shall be reflected on the Final Map. 2. The Final Map for Tentative Tract Map No. 17930 shall not be approved by the City Council until Conditional Use Permit No. 15-030 is approved and in effect. 3. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 4. The draft Affordable Agreement received and dated October 26, 2015, identifying two on- site units for-sale as affordable for persons and families of moderate income, which includes a density bonus of one unit pursuant to Section 230.14 of the ZSO; and one incentive which includes a request for a reduction in parking spaces serving the project shall be the conceptually approved agreement. The Affordable Housing Agreement shall be reviewed and approved by the City Council and shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Sections 230.14 and 230.26 and include: i. A detailed description of the type, size and location of the two affordable housing for- sale units on-site. There shall be two unit(s) with three bedrooms each and dispersed throughout the project. ii. There shall be two units affordable to persons and families of moderate income (up to 120% of the Orange County median income). The Orange County median income is adjusted for appropriate household size. iii. Continuous affordability provisions for a period of 45 years. Any required for-sale affordable units shall be owner-occupied (not rented or leased). The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first market rate residential unit(s) shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion of the affordable units. 5. Prior to submittal of the final tract and at least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Community Development Department and approved by the City Attorney. The CC&Rs shall identify the common driveway access easements, and maintenance of all walls, common landscape areas by the Homeowners' Association, as well as a parking management plan described in the December 29, 2015 letter from the G:\PC\NOA\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.5 Olson Company, to ensure the ongoing control and availability of on-site parking. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H) 6. The proposed hammer head turn around does not comply with the HBFD's approved turn around details. The hammerhead lane proposed is only 25 feet wide and the specification requires a 28 foot width. Prior to issuance of the grading permit, the developer shall obtain approval from the HBFD of an Alternative Means and Methods request (AM&M) to enhance access in lieu of providing the three extra feet for the access lane. 7. Tentative Tract Map No. 17930 and Conditional Use Permit No. 15-030 shall not be deemed approved until the Affordable Housing Agreement referenced in Condition No. 4 has been approved by the City Council 8. Comply with all applicable Conditional Use Permit No. 15-030 conditions of approval. 9. Incorporation of sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification ) or Build It Green's Green Building Guidelines and Rating Systems w.builditc�reen.t�rc�/index.cfm?fuseaction=�uideiines). 10. The development services departments (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. 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 provisions of HBZSO Section 241.18. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 15-030: 1. The site plans, floor plans, and elevations received and dated November 2, 2015, shall be the conceptually approved design with the following modifications: a. The site plan shall be updated to reflect the four code-required bicycle parking spaces. b. Utilities and above ground backflow devices shall be setback five feet or greater from the right-of-way and fully screened with landscaping. c. The addition of three, 36-inch box trees planted within the common open space areas of the site. G:\PC\NOA\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.6 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the approved site plan and the processing fee to the Community Development Department for addressing of the new buildings/units. 3. Prior to issuance of building permits, the following shall be completed: a. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property line wall. If coordination between property owners cannot be accomplished, the applicant shall construct up to an eight (8') foot tall wall located entirely within the subject property and with a two (2) inch maximum separation from the property line. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox Iocation(s). c. Submit a 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 Community Development Department; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board to the Community Development Department for inclusion in the entitlement file. d. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. 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. G:\PC\NOA\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.7 d. Parkland dedication in-lieu fees (Quimby Fees) shall be paid to the Community Development Department. 5. Signage shall be reviewed under separate permits and applicable processing. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:\PC\NOA\2015\1-12-2016 TTM 17930 CUP 15-030 Newland Condominiums Attachment 1.8