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Public Hearing-Appeal Planning Commission approval TT 15531-
Vg • �gw '. City of Huntin ton Beach 'j P G Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 to SHARI L.FREIDENRICH CITY TREASURER CERTIFIED MAIL June 4, 2007 Seaboard Surety Co. 385 Washington Street, 102F St. Paul, MN 55102-1396 To Whom it May Concern: This is to inform you the City of Huntington Beach City Council approved the release of the following bond on April 16, 2007: Tract# 15531 Guarantee and Warranty Bond No. 361549 We are releasing this bond and have enclosed a copy of it for your files. We have also enclosed a copy of the City Council Action approving the release of the above-referenced bond. If you have any questions regarding this matter,please contact me at(714) 536-5200. Sincerely, , Shari L. Freidenrich, CPA, CCMT, CFMA City Treasurer Enclosures cc: John Laing Homes 19600 Fairchild, Suite 150 Irvine, CA 92612 Terri Elliott,Principal Civil Engineer(no attachments) Joan Flynn, City.Clerk (no attachments) Joyce Zacks,Deputy City Treasurer(no attachments) I S. �xrc'l Council/Agency Meeting Held: G1D Deferred/Continued to: �(Appr ved ❑ C tional y over ❑ Denied i e 's gnatur Council Meeting Date: April 16, 2007 Departmen Number: PW 07-016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR I�COUNCIL MEMBERS SUBMITTED BY: PEN FLOP'�LBRETH-GRAFT DP Y ADMINISTRATOR PREPARED BY:4ROBERT F. BEARDSLEY, PE, [DIRECTOR QIF PUBLIC WOR SUBJECT: Approve The Release Of The Guarantee And Warranty Bond For Tract No. 15531 (Cape Ann) IHEo Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract 15531 (Cape Ann) located north of Garfield Avenue and south of Sea Gate Drive. The Guarantee and Warranty Bond provided by the developer, John Laing Homes, as the security furnished for guarantee and warranty of improvements is eligible for release. Fundinq Source: No funds required for this action. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond No. 361549, the security furnished for guarantee and warranty of improvements for Tract 15531 (Cape Ann); and, 2. Instruct the City Clerk to notify the developer, John Laing Homes, of this action, and the City Treasurer to notify the Surety, Seaboard Surety Company, of this action. Alternative Action(s): Deny the recommended action. REQUEST. FOR CITY COUNCIL ACTION MEETING DATE: April 16, 2007 DEPARTMENT ID NUMBER: PW 07-016 Analysis: On November 18, 2002, the City Council accepted the improvements constructed and dedicated for public use within Tract No, 15531 (Cape Ann) and accepted Guarantee and Warranty Bond No. 361549; the security for the guarantee and warranty of the improvements. The required time period has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. California Government Code Section No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and that the security remain in effect for a period of one year. Public improvements constructed consist of the domestic water system and appurtenances within the public and private streets. Following is a list of project data: Subdivider: John Laing Homes, 19600 Fairchild, Suite 150, Irvine, CA 92612 Engineer: Wagner Pacific, 201 E. Yorba Linda Blvd., Placentia, CA 92870-3418 Title Co.: First American Title Insurance Co., 114 E. 5th Street, Santa Ana, CA 92702 Surety: Seaboard Surety Company, 385 Washington Street, 102F, St. Paul, MN 55102-1396 Location: North of Garfield Avenue, south of Sea Gate Drive Lots: 2 numbered lots, 5 lettered lots Acreage: 12.972 acres Zone: HSSP-RM (Holly Seacliff Specific Plan-Medium Density Residential) Public Works Commission Action: Not required. 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). Attachment(s): NumberCity Clerk's Page • Description 1. Location Map —Tract 15531 -2- 3/26/2007 4:29 PM *, l& CITY OF HUNTINGTON BEACH �' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 18, 2007 John Laing Homes 19600 Fairchild, Suite 150 Irvine, CA 92612 Re: Release of the Guarantee and Warranty Bond for Tract No. 15531 (Cape Ann) Please be advised that on Monday, April 16, 2007 the City Council of the City of Huntington Beach took the following action: Approved Release of the Guarantee and Warranty Bond Provided as Security by John Laing Homes, Developer of Cape Ann Tract 15531 Located North of Garfield Avenue and South of Sea Gate Drive — 1) Release Guarantee and Warranty Bond No. 361549, the security furnished for guarantee and warranty of improvements for Tract 15531 (Cape Ann); and 2) Instructed the City Clerk to notify the developer, John Laing Homes, of this action, and the City Treasurer to notify the Surety, Seaboard Surety Company, of this action. Sincerely, Joan L. Flynn City Clerk JF:pe gJfollowup/tract/release bonds for tract-letter.doc (Telephone:714-536-5227) ATTACHMENT 1 10/212002 4:32:21 PM s wa ti+�,+\�iys\ I `•,.-! ..:' i, '' i a.sa KQlse uas s. `r- �, t lean W loon 1e15s d loon loon �+e,3� Dr. '°J ,(L,/,erg+: '. /, _ells i'?•`,�" :�'ig S ;I� ^ ' ,KS f•r+ha , 'yf r ,ti! � II F;alsf� I ld � � �,'r y 'ark Field —t"i" idge #5.63A7! Q � 3 11 , ,,,6•,� V r' ``�, /�. ae,as �3�,a 1374 3e712 10704 1e79S 1631 t y. dark th.;<. =' - le,a Pa 6 m.,, N \ lea/a. Pro eat D 1sa1a. i i i ?%,?.S?�'`.�3s'•yi �aef m aewi Y Q Lena la><z I I Upper B Dr. ' i I•-; Ocean Point Dr. Si«I; Garfield Ave. 113 1 --_—190a1 I 19eeT 18051 ( /•'r � I ttl9 19DC1 390a7 190,1 � ,' IIr► LOCATION MAP TRACT 15531 N S City of Huntington Beach Scale:1'= 294' RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Guarantee and Warranty Bond for Tract No. 15531 Cape Ann COUNCIL MEETING DATE: April 16, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached El t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable 'EXPLANATION FOR MISSING ATTACHMENTS-, REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( &LLt) Deputy City Administrator (Initial) YE ) City Administrator (Initial) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below - Only) RCA Author: J.Wagner: cs f Council/Agency Meeting Held /�/$-02_ Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied City Clerk s Signature Council Meeting Date November 18 2002 Department ID`Number PW 02-100 CITY OF HUNTINGTON BEACH o o REQUEST FOR ACTION o SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS <c> r- SUBMITTED BY RAY SILVER City Administrator4V z i�REPARED BY OBERT F BEARDSLEY Director of Public Worksle�pl i SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 15531 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue John Laing Homes the developer of Tract 15531 located north of Garfield Avenue and south of Sea Gate Drive 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 15531 and 2 Release Faithful Performance/Labor and Material Bond No 361549 and Monument Bond No 361550 pursuant to California Government Code Section No 66499 7(b) and 3 Accept the Guarantee and Warranty Bond No 361549 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 John Laing Homes of this action and the City Treasurer to notify the Surety Seaboard Surety 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 — �� REQUEST FOR ACTION 0 MEETING DATE November 18, 2002 DEPARTMENT ID NUMBER PW 02-100 Analysis On June 1 1998 the City Council approved Final Map No 15531 and accepted bonds from John Laing Homes the securities furnished for faithful performance labor and material and monuments The developer John Laing Homes 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 public and 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 361549 as security Following is a list of project data Subdivider John Laing Homes 19600 Fairchild Suite 150 Irvine CA 92612 Engineer Wagner Pacific 201 E Yorba Linda Blvd Placentia CA 92870-3418 Title Co First American Title Insurance Co 114 E 5th Street Santa Ana CA 92702 Surety Seaboard Surety Company 385 Washington Street 102F St Paul MN 55102-1396 Location North of Garfield Avenue south of Sea Gate Drive Lots 2 numbered lots 5 lettered lots Acreage 12 972 acres Zone HSSP-RM (Holly Seacliff Specific Plan-Medium Density Residential) 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) Attachment(s) City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No 361549 3 Acceptance of Public Improvement Form RCA Author J Claudio jm 02 100 Nov 6 Claudio(Tr 15531 Bond Release)doc 2 11/4/2002 12 38 PM ATTACHMENT 1 ATTACHMENT 2 i r 3 Recorded in Official Records County of Orange Recording requested by Tom Daly Clerk Recorder and wh(n tccoi dcd r(turn to !IIIIiI IIIII I(III IIIII IIII!IIIII IIilI IIIII IIIiI IIIII iIIII IIIII IIIII INO FEE Connie Brockway City Clerk 110 s9 A04 002001174160 09 20am 12/23/02 Othce of the City Clei 6 CITY OF HUNTINGTON BEACH 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 P O Box 190-2000 Main Street Huntington Beach Ca 92648 J (Space above this line for Recorder s use only) I ACCEPTANCE OF PUBLIC IMPROVEMENTS C� (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on October 21, 2002 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach as described on Final Map No 15531 Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at the November 18 2002 City Council Meeting Submitted for Recordation by the Orange County -Recordei - Attest 2005Z City Clerk and Ex officio Clerk of the City Council Of the City of Huntington Beach California By Lod- Yeputy C,&k- C CITY OF H NTiN T EACH by City Engineer -f fir ��S�l fp f 0rp0 cAM, u LJc Tax Exempt Government Agency c.f Funti-Oroia 3,-aah c: CITY OF HUNTINGTON BEACH plated inner Cover'n—e-t Coda Serf 6103 `'t9'leor'R T'9[01�AfCFGRrAP4tance form doc free of charge t By �ee� I +*y Cit C1 y erk CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 22 2002 County Clerk-Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No 15531 to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope Connie Brockway CIVIC City Clerk Enclosures Tract No 15531 —john Laing Homes —s/w corner of Promenade Parkway and Seagate Drive g/followup/tract/acceptpubliamp recorder doc (Telephone 714 536 5227) O� �o n j e 0(2- t 5 � Recording requested by and when recorded return to I a / ao Connie Brockway 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 October 21, 2002, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No 15531 Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at the November 18, 2002 City Council Meeting Submitted for Recordation by the Orange County Recorder ,�/ Attest /V&V.4j-e)z 200o2 City Clerk and Ex officio Clerk of the City Council Of the City of Huntington Beach California By L��� duty C,&k- CITY OF H VTEACH by City Engineer 0111U a ^S 0 1 , L Tax Exempt Government Agency of t,unt n:,, or ��Zw�; a. z -,,mL- -i CITY OF HUNTINGTON BEACH plated r.rdcr Co for,—c-' Coda Svc 6103 y^y�BotrdrTat1`J�33f\�f��rtance form doc free of cl a cgo By6epw ��o J Cit Cler Y k I J - 1 � r l f # � � 1 1 �► � � �t 1 JO H S I I I I I I 89 Do a tr et Suite �110 I I I Negporlt Each CA 726610 At n I Jo Richert I ! I I i i I I I I I t I � I ( I I I I I RECEIVED BY • • CITY CLERK RECEIPT COPY Return DUPLICATE to (Name) L�I<y � after signing/dating (Date) IL'o j Me CITY OF HUNTINGTON BEACH I7- Lj INTERDEPARTMENTAL COMMUNICATION N TO Shari Freidenrich City Treasurer ATTN Jim Slobojan Deputy City Treasurer FROM C!14 DATE I I SUBJECT Bond Acceptance I have received the bonds for �f�hr. �C% 170mQ--s (CompanyName) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No GtiQ Tp"r yell GrLL,rr,E �b I S 4I Kr 0%YYGyM 7_e9 `,,t" Re Tract No i SS 3 I CC No MSC No Approved I I- i�_ �� Agenda Item No ' I O (Council Approval Date) City Clerk Vault No g fjah/bondietter doc i iNU NU 361549 SMIUM CHARGED IS INCLUDED IN THE PERFORMANCE BOND GUARANTEE AND WARRANTY BOND WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY WHERE DBA JOHN LAING HOMES-CALIFORNIA ay a Pr typal,and SEABOARD SURETY COMPANY coryoraWri organized under the laws of the State of NEW YORK and duly authorized to do business m the State of CaCifawJa,as Surely,=held and firmly bound unto the Cky of Huntirom Seach CaAtarn�a as ObOgee,In the penal sum et SIXTY-SEVEN THOUSAND ONE HUNDRED & NO/100----($67,100 00)------ repment�ng10 Percent of the contmttprice entered Into between the Principal and Obligee to Whudn payment well and truly to be made We do bmd ourselves and each of our heirs,exn culm 840ilrmtrator9 successors and assigns loiritty and severalty WHEREAS,the sad prinapal entered into a=4ract with said Obligee dated MAY 6, 1998 for work desceed as follvms SUBDIVISION IMPROVEMENT FOR TRACT 15531 WHEREAS,said contr2ct provides that the Ptmcipal W1 fumish a bond condrboned to guarantee and warrant for the period of one year after complehm of the work and acceptance thereof by Me ObWa,against all defeats in workmanship and materials during said one year period WHEREAS,said work has been completed,and accepted by Obligee on NOW THER.EFOR5,the Principal and Surety plrilly and severally shall indemnify tha Obligee far all toss that tho Obligee may sustain by reason of any delective materials orrvarkmansflip wh)ch become apparent during the period of one year from arid after date of completion of work and Kceptariue thereof by Obligee In witness whereof this mdtrument has been duly executed by tine pnnapal and surety above named on SEPTEMBER 30 _ 20 2002 WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA J OHN LA I NG HOMES-CALIFORNIA as pdmpal By By APF^O 'DD AS TO FORM G 1 I1i1tTON City Attorney B DeP1tJ City Attorney 1 SEABOARD SURETY P NY 9$Six By By D J PICARD, ATTORNEY-IN-FACT STATE OF CALIFOR%% ) ) SS COUNTY OF ORANGE ) BEFORE ME � A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND PERSONALLY I4r MN TO ME(OR PROVES]TO MF-ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WrHN INSTRUWzE IT AND #�334131,I,_ ACKNOWLEDGES TO ME THAT THEY I:.XECUTED THE SAME IN THEIR AUTHORIZES CAPACm9S asy PU,9, I 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 V14 0 91�'Awf,�Ale%0/� SIGNATURE I S SAY PRINCIPAL PLACE OF SUSINESS IS SD NOTARY P AND FOR SAATE COUNTY (NAW PRINTED) MY COMMISSION EXPIRES / /4 STATE OF CALIFORNIA ) ) S5 COUNTY OF ORANG15 ) ON BEFORE ME, A NOTARY PUI3l1C IN AND FOR SAID STAIR,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO SE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WIT O INSTRUMENT ANA ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THM AUTHORIZE CAPACITEES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUT EI)THE INSTRUMENT WITNESS PAY HAND SIGNATURE MY PRINCIPAL PLASH OF BUSINESS IS NOTARY PUBIC IN AND FOR SAID STATE W . COUNTY (NAME PRINTED) NIA'COMMISSION FIRES 2 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 09-30-2002 before me, SEJAL P LANGE, NOTARY PUBLIC DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared D J PICARD NAME(S)OF SIGNER(S) M personally known to me - OR - ❑ to be the personal whose name(a) is/ara subscribed to the within instrument and ac- knowledged to me that he/ e/ y executed the same in hiskbaxkbax authorized capacity(m), and that by his/harAtma SEJAL F LANG [ si nature on the instrument the erso CoMM M128S183 m g P N "aryPublk-Catlfornta cA or the entity upon behalf of which the W ORANGE COUNTY MyCon=Exp Nov23,2004 Perso n(o acted, executed the instrument WITNESS my hand and official seal SIGNATURE OF WARY 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 MAINTENANCE BOND TmE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO X❑ ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER SEPTEMBER 30, 2002 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSONS)OR ENTRY(IES) N/A SEABOARD SURETY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE Ci6eS, I POWER OF ATTORNEY �l PSI Seuboard Surety Company United States Fidelity and Guaranty Companv St Paul Fire and Marine Insurance Comp-in) Fidelity and Guaranty Insurance Company St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Under%%riters Inc St Paul Mercury Insurance Company Poy%er of Attorney No 23292 Certificate No 1268424 KNONN ALL MEN Bl THESE PRESENTS That Seaboard Surety Company is a corporation duly or-anized under the la%%s of the State of New York and that St Paul Fire and Manne Insurance Company St Paul Guardian Insurance Companv and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Io%%a and that Fidelity and Guaranty Insurance Unden%nters Inc is a corporation duly or anized under the laws of the State of�Nisconsm(herein collecn%eA called rite Companies ) and that the Companies do hereby make constitute and appoint Todd M Rohm D J Picard Beata A Sensi Cathy S Kennedy Sejal P Lange and Cynthia S Wozney of the City of Orange State California their true and la%%ful Attomey(s) in Fact each in their separate capacity if more than one is named above to si-n its name as surety to and to execute seal and acknowled.e any and all bonds undertakin s contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteem_ the fidelity of persons ouar-inteein, the performance of contracts and executin-or to iranteein,,bonds and undertakings required or permitted in any actions or proceedings allowed by law IN AlITNESS WHEREOF the Companies have caused this instrument to be signed and seated this 23rd di% of Apnl 2002 Seaboard Surety Company United States Fidelity and Guaranty Company St Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Companv St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Undery%riters Inc St Paul Mercury Insurance Company St7+Ery� � N'192 vx +aril �--- '� 1977 g I JOHN F PHINNEY Vice President C EN 8SEA A!N d 1>� e -X/ State of Maryland �y City of Baltimore THOMAS E HUIBREGTSE Assistant Secretary On this 23rd day of April 2002 before me the undersi.ned officer personally appeared John F Phinney and Thomas E Huibregtse %%ho acknowledged themselves to be the Vice President and Assistant Secretary respectively of Seaboard Surety Company St Paul Fire and Marine Insurance Compan% St Piul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guarant% Company Fidelitv and Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc and that the seals affixed to the fore�om-instrument are the corporate seals of said Companies and that they as such bein authorized so to do executed the foreeoin,instrument for the purposes therein contained by si_mn,the names of the corporations by themsel%es as duly authorized officers NOTARy In NN fitness Whereof ]hereunto set my hand and official seal UC My Commission expires the 13th day of July ?002 �pqE C-11 o REBECCA EASLEI ONOKALA Notary Public 86203 Rev 7 2000 Printed in U S A ATTACHMENT 3 November 25 2002 John Laing Homes 19600 Fairchild Suite 150 Irvine CA 92612 Re Release of the Faithful Performance Bond, Labor & Material Bond and Monument Bond for Tract No 15531 [Acceptance of Public Improvements] Please be advised that on Monday November 25 2002 the City Council of the City of Huntington Beach took the following action E 10 (City Council) Approved the Release of Securities for Tract No 15531 and Accepted the Public Improvements — John Laing Homes, Developer— n/o Garfield Avenue s/o Sea Gate Drive—Accepted Guarantee and Warranty Bond (Seaboard Surety Company) (420 60) — 1 Accepted the improvements constructed and dedicated for public use with Tract No 15531 and 2 Released Faithful Performance/Labor and Material Bond No 361549 and Monument Bond No 3361550 pursuant to California Government Code Section No 66499 7 and 3 Accepted Guarantee and Warranty Bond No 361549 the security furnished for guarantee and warranty of improvements and instructed the City Clerk to file the bond with the City Treasurer and 4 Instructed the City Clerk to notify the developer John Laing Homes of this action and the City Treasurer to notify the Surety Seaboard Surety Company of this action and 5 Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Submitted by the Public Works Director Funding Source Not Applicable Sincerely Connie Brockway CIVIC City Clerk Cc City Treasurer CB jh g/followup/tract/acceptpublicimp notice doc LJJJ CITY OF HUNTINGTON BEACH io. 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 22 2002 County Clerk-Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No 15531 to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope Connie Brockway CIVIC City Clerk Enclosures Tract No 15531 —john Laing Homes —s/w corner of Promenade Parkway and Seagate Drive g/followup/tract/acceptpubllamp recorder doc (Teleohnne 71G-I;IR 9;7771 4 Recording requested by and when recorded return to r la Connie Brockway City Clerk �o Office of the City Clerk CITY OF HUNTINGTON BEACH P O Box 190—2000 Main Street Huntington Beach Ca 92648 i (Space above this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision O,dinance Section 255 22) PLEASE TAKE NOTICE THAT on October 21, 2002, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No 15531 Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at the November 18 2002 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest as 200o2, City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach California By duty C&,Vk— CITY OF H 7JI EACH by City Engineer ofTtc u1 bl--M^_s o-Y C Tax Exempt Government Agency of t,unti.„+ or as hj i,Drq- CITY OF HUNTINGTON EEACH plated und.r Co,si--~c-- Coda S£C 6103 `Yt1BoR�f�FT1A't13��?FaPrctance form doc free of otha.go ByDepbg o y City Clerk � � � G�/���5 Orin-►h�L Council/Agency Meeting Held Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied City Clerks Signa e Council Meeting Date November 18 2002 TDepartment ID Number PW 02-100 CITY OF HUNTINGTON BEACH o _C REQUEST FOR ACTION CS SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS _- SUBMITTED BY RAY SILVER City Administrator,-eW =, - IVREPARED BY OBERT F BEARDSLEY Director of Public Works SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 15531 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue John Laing Homes the developer of Tract 15531 located north of Garfield Avenue and south of Sea Gate Drive 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 15531 and 2 Release Faithful Performance/Labor and Material Bond No 361549 and Monument Bond No 361550 pursuant to California Government Code Section No 66499 7(b) and 3 Accept the Guarantee and Warranty Bond No 361549, 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 John Laing Homes of this action and the City Treasurer to notify the Surety Seaboard Surety 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 — �� REQUEST FOR ACTION MEETING DATE November 18, 2002 DEPARTMENT ID NUMBER PW 02-100 - ri), Analysis On June 1 1998 the City Council approved Final Map No 15531 and accepted bonds from John Laing Homes the securities furnished for faithful performance labor and material and monuments The developer John Laing Homes 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 public and 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 361549 as security Following is a list of project data Subdivider John Laing Homes 19600 Fairchild Suite 150 Irvine CA 92612 Engineer Wagner Pacific 201 E Yorba Linda Blvd Placentia CA 92870-3418 Title Co First American Title Insurance Co 114 E 5th Street Santa Ana CA 92702 Surety Seaboard Surety Company 385 Washington Street 102F St Paul MN 55102-1396 Location North of Garfield Avenue south of Sea Gate Drive Lots 2 numbered lots 5 lettered lots Acreage 12 972 acres Zone HSSP-RM (Holly Seacliff Specific Plan-Medium Density Residential) 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) Attachments) City Clerk's. Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No 361549 -OM FILE FCP PUSUG lzf�v►gW I J fl,Ik OFFlce of '(NE ry eI_GP-41- 3 Acceptance of Public Improvement Form RCA Author J Claudio jm E_ � 0 J-,) / 02 100 Nov 6 Claudio(Tr 15531 Bond Release)doc 2 11/4/2002 12 38 PM • • ATTACHMENT 1 • ^ 10/21/2002 4 32 21 PM I I I EL _ a tD 14 \ 4 1 �� � s / e°'V �= �� PackBa Dr °Park Field C`` t idge �t —1 I rk Path ram` I-r-i i I t u I � \® n O \ \ Pro ect CD co i I Upper B Dr L I 0 a Ocen Point Dr Garfield Ave � I obbanQ� v I I r, I-� LOCATION MAP TRACT 15531 N W +�BE S City of Huntington Beach Scale 1 = 294 On File for Public . Review in the Office of the City Clerk AT, TACHMENT 2 • • • ATTACHMENT 3 Recording requested by and when recorded return to Connie Brockway 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 October 21, 2002, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No 15531 Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at the November 18 2002 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest 20 City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach, California By Deputy =CITYOFDTEACH by City Engineer � 10 H\Bonds\Tract 15531\Tract acceptance form doc �/9S Council/Agency Meeting Held �-11 19 o- 4 a Deferred/Continued to IdApproved ❑ Conditionally Approved ❑ Denied �bc o,7 City Clerk s Signature Council Meeting Date June 1 1998 Department ID Number CD 98 20 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator6g4J PREPARED BY MELANIE S FALLON Community Development Director ` SUBJECT FINAL TRACT MAP NO 15531 OF TENTATIVE TRACT MAP NO 15531, WITH BONDS AND AGREEMENTS (CAPE ANN) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachments) Statement of Issue Final Tract Map No 15531 located on the southeast corner of Promenade Parkway and Seagate Drive is being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to � >�x� 1 Approve Final Tract Map No 15531 and accept the offer of dedication K) improvements and bonds pursuant to findings and requirements (AttachmApt 1) and 2 Approve Subdivision Agreement between the City and John Laing Homes and authorize execution by the Mayor and City Clerk Alternative Action(s) The City Council may make the following motion Deny Final Tract Map No 15531 and reject the offer of dedication improvements and bonds " *r QUEST FOR COUNCIL ACTION MEETING DATE June 1, 1998 DEPARTMENT ID NUMBER CD 98-20 Analysis A PROJECT PROPOSAL SUBDIVIDER John Laing Homes 19600 Fairchild Suite 150 Irvine CA 92612 ENGINEER Wagner Pacific Inc 201 E Yorba Linda Blvd Placentia CA 92870 LOCATION Southeast corner of Promenade Parkway and Seagate Drive ZONE HSSP-RM (Holly Seacliff Specific Plan-Medium Density Residential) GENERAL PLAN RM-15 0-sp (Residential Medium Density-Specific Plan Overlay) NO OF ACRES 13 acres NO OF NUMBERED LOTS 2 NO OF LETTERED LOTS 5 NO OF UNITS 146 condominium units DATE OF COMPLETE APPLICATION May 20 1998 MANDATORY PROCESSING DATE June 1 1998 DISCUSSION On January 13 1998 the Planning Commission approved Tentative Map No 15531/ Conditional Use Permit No 97-65/Variance No 97-22 to construct 146 detached condominium units on one lot Final Tract Map No 15531 represents the only phase of the project On February 17 1998 the City Council on appeal upheld the Planning Commission s approval of the project The subdivider has satisfied the Park and Recreation requirement through the use of land dedication credits for 1 93 acres in the future Harriett M Wieder Regional Park The entire project consists of affordable units available to moderate income households for 30 years CD98 20 2 05/19/98 1 31 PM *QUEST FOR COUNCIL ACT•N MEETING DATE June 1, 1998 DEPARTMENT ID NUMBER CD 98-20 The final map has 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 No 15531 is exempt from the requirements of the California Environmental Quality Act Section 15268(b) Environmental Impact Report No 89-1 was approved by the City Council in 1990 Attachments) City Clerk's Page Number 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 15531 with site plan 4 Tentative Tract Map No 15531 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument Labor and Materials Faithful Performance) CD98 20 3 05/19/98 1 28 PM \ƒJ�f� w ® � © TT / » • M E T-,,- A .; ~ :, < , iv, \ ,^ ' ~ ` ® ` ~ ON, \ %,\ ` 4 \ ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Man 1 Final Tract Map No 15531 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15531 conditions of approval as approved by the Planning Commission and upheld 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 a Faithful Performance Bond No 361549 as presented in Attachment No 6 (So-p-�ati"`�� .0 b Labor and Material Bond No 361549 as presented in Attachment No 6 c Monument Bond No 361550 as presented in Attachment No 6 3 Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer, drainage engineering and inspections shall be provided, b A Certificate of Insurance shall be submitted, c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map, d An approved Subdivision Agreement shall be submitted (Attachment No 5) e Payment of Park and Recreation In Lieu Fees � ¥ �» ; %\� ^©* % ! % 2� /^ ! � , !»v, 9 + � : � � �* � � ; a, +a»4 �® • } ! ` » %©- , !, w » � � � ! . v > / ~ . , $6 ! $ 4` « /� �> \/ ��� � � ,/a , ` ` ` !¥ 17 y , 7 \y2e %\/}y , v Z� �! �/ \\2y d4 � } � , * ; � e � a vC CAM I YG — — =DIG= J t VA11= 1 NDLO"m ` SLQ14 s PROJECT 1. ol r� 1 I / I G ` a J, VICIN[TY MAP TT 15531 , CUP 97-65, VAR 97-22 HUNT CT BEACH HUNTTNGTON BEACH PLAN"1WG DIVLSIOH I - 7SA � "'AL f W �t uj tc TRACT NO 15531 FOR CONDOMINIUM PURPOSES _f -_ _ CAPE ANN ""�°°""■ Filma -'_ \ HOLLY SEACLIFF PLANNING UNIT 11 3 CITY OF HUNTINCTON BEACH )YY 7 7/1/m71 7 /t/x I t��D I (�� tI o O 4? �v LD l�D 4 �.� \ l • COUNTY OF ORMIGE CALIFORNIA •� �1 /• ' r QI� I� Y I �V9G' 10'11tlA �wwo 11 y t�D try 4D It�y tll ttD I t� �T �D \ Y / t t K 11 hy•a �)) 40 ` ,/ I 1✓ y M m n Y m 0 Itl M I. d m m - 1 o / v �.� !��y ��1 !� o_Da y! n /f 1 � lu Y 1 t u� r 4 t� • 6// 11 I �S �D tJ)�1 1 — 4,:Y n o n Wel m v m m 1 asto d m _% k D D� q-S1 CS C-30 4:3.ALL — \ Mum" 9 — ru —'-- _ ■ 4 Yq IS,IY YtY C� Y d i St7 iS v■1 -�r �1 1■{I 1 � �� ♦ ��� °J t,I 1 7 T U cDmu �T CPn I aacHculvol_ + • yy I wm..v ,,r� { / 1 I ' 1 ■ ■ I 1 Y ■ I ■ I Y ■ IY �. _ Wit Id41 ,- \ •4 cy G5 i�X �� I ■ cy f�D ,r� j� �D t nc 1IL D I I ..... v, 1 I D ��4■ )+D �Ja■� 1 ��� I I I III 'I I I 11 1 1 \,�� 4 /+' Qy t !y ■ (� t t D P I � t� � �I I � OHWLIUTASWU111(K 4 D ■ • ■ A--?. mrcelolnm \ t D ,,.y Q D 4 w KW "r ■our.Is■n rmm� ucr K:�na mn Ins un wv �7R y rr� it o IIO nil - K■O�a�asl NrOW dvuc�K"■b -" '- .. CAPE MIN M" nl.■(.>'I c..■.■u wan p Ica rw■.• an a raingMl r,a S IIa10T you■Ll01 F»>u tOY ■[o1 NL t[Inl � � r «...,...�. auma a.rt�cw.w w"onW � TRACT NO 15531 M�____ E1..1TSS� tlruuaalw■m ���� _— .---- \\ �/ ' 10tCOFDOMMA4"KMIf ' __� _ _ CAPE ANN FEIy � - '(=_— �• J Tllnrontroi memli / -="_ \\ HOMY SFACLIFF PLANNING UNIT If 3 • TNAC1 NO II0r7 / / \ '►� Olr Of IUNI■ICION■I<" Mx I11/1511 / \ \ COUN IY Of OwIC1,Cx101NIA — /� Rt*WT WO vw VA WdT O/ % mm �Llt�0 m f _ ° -L� I� � 7 „ M u1 tipO I Y SUM St.Tv16 MIA / r ■ ° I _ IQ W w to I Y OVA Now,1 A Snl 1 ^' Is r LOTIf 1 t I it QIAM - _ - - -- --- o is a "An ma 11111 •1O`�'""r" c.....0 —am ■orolor .w "mt - CAPE.ANN w"vnu Ina a wnnoma2no lal] w u a I 0..w4 u.o1.w 1 NN' �° �'�� '` " f s � � ws A, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 24, 1998 John Laing Homes - 19600 Fairchild Street Suite 150 F E 3 J , Irvine, California 92612 J r- Dear Sir Y The City Council of the City of Huntington Beach at its regular meeting held Monday, February 17, 1998 denied the appeal filed by Councilmember Tom Harman and sustained the decision of the Planning Commission approving Tentative Tract No 15531, Conditional Use Permit No 97-65, Variance No 97- 22 (Cape Ann) with the attached Findings and Conditions of Approval Sincerely Comae Brockway, CMC City Clerk CB mh Enclosure Findings and Conditions of Approval cc City Administrator City Attorney Community Development Director Mary Beth Broeren, Community Development Department Bruce Crosby Public Works Department g/fo11owup\1etters\90day1tr (Telephone 714-536 5227) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 155311 CONDITIONAL USE PER UT NO 97-651 VARIANCE NO 97-22 FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO 15531 1 Tentative Tract Map No 15531 for subdivision of 13 gross acres for the purpose of a one lot subdivision for condominium purposes (146 detached residential units) is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, or any applicable specific plan, or other applicable provisions of tlus Code Condominiums are a permitted use 2 The site is physically suitable for the type and density of development at 11 units per acre The site was previously studied for a greater intensity of land use (15 units per acre) at the time the General Plan land use designation and the Holly Seacliff Specific Plan zoning were adopted for the property The size, depth,frontage, street width and other design features of the proposed subdivision are in compliance with the 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 site was previously evaluated in Environmental Impact Report No 89-1 and will comply with appropriate mitigation measures There are no environmental impediments to the project. 4 The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements, for access or for use, will be provided The subdivision will provide all necessary easements and will not affect any existing easements FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO, 97-59 1 Conditional Use Permit No 97-65 for the establishment, maintenance and operation of the 146 unit condominium project(2 and 3 story, detached residential units) and the model home sales complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood The proposed grading, site layout and design of the project properly adapts the proposed structures to street, driveways, and other adjacent structures and uses m a harmonious manner Due to site characteristics, such as landscape areas and unit orientation, there is adequate setback from sidewalks and streets Adequate parking and directional signage shall be provided for the model home use (98CLO113 3) 'C 2 The conditional use permit will be compatible with surrounding uses most of which are residential The project will be directly adjacent to one future residential property It is bounded on all other sides by established streets and the Transportation Corridor Compliance with the mitigation measures of Environmental Impact Report No 89-1 and code provisions ensure that the project will be compatible with other area developments The model home complex will be compatible with the area as it is similar in nature to the residential uses in the area 3 The proposed 146 urut condominium project(2 and 3 story, detached residential units) will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located The proposed residential units meet all code provisions, including setbacks, density, open space and parking, with the exception of the variance request for reduced side separation between buildings The project will also contribute to the affordable housing requirements of the Holly Seacliff Specific Plan The model home complex will comply with all code provisions 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 Residential Medium High Density on the subject property In addition, it is consistent with the following goals and policies of the General Plan LU9.1.3 Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below a. Design building elevations treatment to convey the visual character of individual units rather than a smglular building mass and volumes c Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas d Site and design parking areas and facilities that are integrated with but do not dominate the architectural character of the structure e Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood LU9.1.4 Require that recreational and open space amenities be incorporated in new multi- family developments Housin Encourage the provision and continued availability of a range of housing types throughout the community (98CL0113-4) FINDINGS FOR APPROVAL-VARIANCE NO 97-22, 1 The granting of Variance No 97-22 for a minimum nine foot side separation between buildings on the same lot in lieu of 15 feet between two story buildings and 20 feet between three story buildings will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification 2 Because of special circumstances applicable to the subject property, including shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification The subject property is oddly configured having six sides, with the northern portion of the property being relatively narrow This constrains placement of units given requirements for turnaround areas, street widths, etc The property is also bound on all but one side by rights-of-way and the Transportation Corridor and is considered a through-lot Required rear setbacks for through lots and exterior side setbacks are 10 feet greater than that required for interior properties and non-through lots Setbacks from the Transportation Corridor are five feet greater than that required for interior properties 3 The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights Reduced building separation enables the site to be developed with detached homes at a moderate income price Thus,residents will have an affordable living opportunity and be able to enjoy private yards 4 The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification The project design is comparable to small lot single family projects in terms of side building separation providing adequate light and ventilation between units The project exceeds minimum private and common open space requirements,providing informal and formal recreation areas for the residents 5 The granting of the variance will not adversely affect the General Plan It is consistent with the Land Use Element designation of Medium Density Residential on the subject property because it offers a creative design solution that provides moderate cost housing consistent with the City's goals for affordable housing and attractive project design (98CL0113 5) CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO, 15531 1 The tentative map received and dated December 2, 1997 shall be the approved layout 2 Prior to submittal of the final map for approval by the City Council, the following shall be required a. At least 60 days before City Council action on the final map, CC&Rs shall be subrrutted to the Department of Community Development and approved by the City Attorney The CC&Rs shall reflect the common property and maintenance of all walls and common landscape area by the Homeowners'Association The CC&R's shall indicate that the Homeowners Association shall have the right to maintain building walls, private fences and open space if they are not adequately maintained by their respective owners The CC&Rs shall also include notice on possible future uses of the Transportation Corridor The CC&Rs must be in recordable form prior to recordation of the map The CC&Rs shall include language that indicates the design of this development intentionally omitted the installation of security gates and associated turnaround areas and space to provide these facilities in the future The language shall also indicate that any application for the installation of security devices for the site submitted to the City of Huntington Beach shall include evidence that the Homeowners Association will provide the necessary property for construction of the required facilities and street improvements, and bear the cost for the same (PW) 3 The following conditions shall be completed prior to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (PW) a. The following shall be dedicated to the City of Huntington Beach 1 An easement over the private streets for Police, Fire and Public Works Department access purposes 2 The water system and appurtenances as shown on the improvement plans for this tract 3 Access rights in,over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system b All vehicular access rights to Garfield Avenue, Seagate Drive and Promenade Parkway shall be released and relinquished to the City of Huntington Beach except at locations of street intersections c A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval (98CL0113-6) d A sewer study for the entire site shall be submitted for Public Works approval e The sewer system within the private streets shall be owned and maintained by the Homeowners Association f The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each structure This plan shall be approved by the Public Works Water Division prior to any construction g The developer shall be required to extend the waterline in Seagate Drive from the point of connection with the waterline in Promenade Parkway to the western boundary of the project h All dwelling units shall require separate domestic water meters and services All three story structures shall require a RPP backflow prevention device The domestic meters and services shall be sized per the Uniform Building Code, Building Department and Fire Department Standards i The developer(and any subsequent homeowners association) shall enter into a Special Utility Easement Agreement with the City, which shall address repairs to any enhanced pavement,wall, fencing, etc by other than City forces, if the City water mains require repair or maintenance j Hydrology and hydraulic studies for the entire site shall be submitted for Public Works review and approval The developer shall design and construct the drainage system required to serve the development On-site drainage shall not be directed to adjacent properties,but shall be handled by a Public Works approved method k The storm drain system within the private streets shall be owned and maintained by the Homeowners Association 1 All on-site catch basins shall be grate type in order to prevent paper and debris from entering the storm drain system (NPDES) m The developer shall install storm drain clarifiers or fossil filters at each catch basin to the satisfaction of the Department of Public Works (NPDES) n All private sidewalk widths shall meet ADA requirements o The developer shall install street lighting per Public Works Standard Plan No 411 on Seagate Drive p The developer shall install "STOP" signs on` E" Street at Seagate Drive, and on Seagate Drive at Promenade Parkway (98CL0113 7) i • q All exterior landscaping improvements shall be installed and inspected r The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 s The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 4 Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer (PW ) 5 The tentative map shall be an affordable housing development pursuant to the affordable housing requirements of the Holly Seacliff Specific Plan 6 A reproducible mylar copy and a print of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE MAP NO 1.5531 1 All applicable Public Works fees shall be paid prior to map recordation (PW ) 2 The final map shall not be approved by the City Engineer until all securities have been posted with the Department of Public Works (PW ) 3 Park and Recreation Fees shall be paid, or accrued credits assigned,prior to acceptance of the final map by City Council 4 Tentative Map No 15531, Conditional Use Permit No 97-65 and Variance No 97-22 shall become null and void unless exercised within two (2)years of the date of final approval An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date 5 The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption 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 Community Development within two (2) days of the Planning Commission's action (98CL0113 8) ' !COMTIONS OF APPROVAL- CONDITIONAL USE PERMIT NO 97-65 1 The site plan and model site plan received and dated December 2, 1997 and floor plans and elevations received and dated January 8, 1998 shall be the conceptually approved layout with the following modifications a The third story floor plans shall comply with Uniform Building Code requirements, including exiting pursuant to 94 UBC Section 1003 1 b Garage doors shall be of the automatic roll-up variety c Additional architectural treatment shall be provided on side elevations visible from the street subject to review and approval of the Community Development Department d Materials and colors shall be provided on the elevations e The model site plan shall be revised to show the van accessible handicapped space in the location of parking stall nos 1 and 2 f Parking lot striping detail shall comply with the Huntington Beach Ordinance Code and Title 24, California Administrative Code (Code Requirement) g Depict all utility apparatus, such as but not limited to 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 Backflow prevention devices shall be prohibited m the front yard setback and shall be screened from view (Code Requirement) h All exterior mechanical equipment shall be screened from view on all sides Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building Equipment to be screened includes, but is not limited to,heating, air conditioning, refrigeration equipment,plumbing lines, ductwork and transformers Said screening shall be archutecturally compatible with the building in terms of materials and colors If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s) (Code Requirement) 1 Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan or grading plan and elevations If located on a building, they shall be architecturally designed into the building to appear as part of the building They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks (98CL0113 9) 0 j If outdoor lighting is included, energy saving lamps shall be used All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations 2 Prior to subiruttal for building permits for model homes or production units, the following shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building pernuts (architectural, structural, electrical, mecharucal and plumbing) b Names of streets shall be submitted to and approved by the Huntington Beach Fire Department m accordance with City Specification No 429 (FD) c Submit three (3) copies of the site plan and the processing fee to the Planning Division for addressing purposes after street name approval by the Fire Department d All Fire Department requirements shall be noted on the building plans (FD) e Residential type structures on the subject property,whether attached or detached, shall be corstructed in compliance with the State acoustical standards set forth for units that he within the 60 CNEL contours of the property Evidence of compliance shall consist of submittal of an acoustical analysis 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) f A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, foundations, retaining walls, streets,utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) g Floor plans shall depict natural gas stubbed in at the locations of cooking facilities,water heaters and central heating units 3 Prior to issuance of grading permits, the following shall be completed a. A grading plan, prepared by a Registered Civil Engineer, shall be subirutted to the Department of Public Works for review and approval b Blockwall/fencing plans shall be submitted to and approved by the Department of Community Development Double walls shall be prolubited The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and drainage (98CL0113 10) 4 Prior to issuance of building permits for model homes or production units, the following 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 Department of Community Development b The Final Map No 15531 shall be accepted by the City Council, recorded with the Orange County Recorder and a recorded copy filed with-the Department of Community Development (Code Requirement) c In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer and submitted to Public Works Grates shall be used in lieu of side opening catch basins to collect debris (PW) d A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development 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 plant materials to remain, existing plant materials to be removed and proposed plant materials, an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval (PW) (Code Requirement) e A grading permit shall be issued by the Department of Public Works f A$5,000 cash bond shall be posted with the City for the model home complex to guarantee compliance with conditions of approval g The temporary sales trailer shall be State Certified and be provided with handicapped access Evidence of such shall be provided to the Community Development Department 5 Prior to construction of the model homes,the following shall be completed (FD) a. Provide one fire hydrant within 150 feet of the model buildings b Provide an all weather surface fire road to the model buildings 6 Pnor to combustible construction of the production homes,the following shall be completed (FD) a Ten(10) fire hydrants shall be installed in locations approved by the Fire Department Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation b All roadways shall be completed to the base course of asphalt (98CL0113 11) VP 7 During construction, the applicant shall a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site b Wet down areas in the late morning and after work 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 avoid high ozone days (first stage smog alerts), e Discontinue construction during second stage smog alerts 8 Prior to final building permit inspection and approval of the first residential unit, the following shall be completed a. The developer shall submit an affordable housing covenant for the entire project designating the project as affordable for 30 years per the Affordable Housing Plan for Holly Seacliff The covenants shall be approved by the City Council and recorded with the County of Orange All sales prices and buyers shall be pre-approved by the Community Development Department b All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including 1) Two vehicle access points will be required as shown on the site plan Emergency Access gates will be designed to comply with City Specification No 403 The Emergency Access gate shall be electrically controlled and equipped with an Opticom strobe opener for emergency vehicle entry (FD) 2) Fire lanes will be designated and posted to comply with City Specification No 415 (FD) 3) Address numbers will be installed to comply with City Specification No 428 Individual units will be sized a nu mum of four(4) inches with a brush stroke of one-half(1/2) inch (FD) 4) Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification#401 Include the circulation plan and dimensions of all access roads (FD) (98CLO 113 12) r 5) All units built on flag lots (buildings that are further than 150 feet from the nearest street to the back of the building) shall have automatic sprinklers installed throughout 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 (Unit Nos 1, 12, 13, 20, 21, 28, 29, 33, 40, 41, 48, 50, 51, 110, 114, 115, 124, 125, 132, 133, 140, 141, 142 ) (FD) c Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department d All building spoils, such as unusable lumber, wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them e The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) f The project will comply with all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay distracts (FD) g The 660 square feet of windrow planting shall be provided in the transportation coindor, prior to final inspection of the first production unit 9 The use shall comply with the following a Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) b Service roads and fire access lanes shall be maintained If fire lane violations occur and the services of the Fire Department are required,the applicant will be liable for expenses incurred (FD) 10 The sales office shall be discontinued within 30 days following the close of escrow of the last unit 11 The temporary sales trailer shall be removed upon completion of the model sales office 12 The sales office shall not be converted or expanded into a general business office for the contractor or developer 13 Temporary signs and flags shall be permitted as part of the model sales complex approval The signs and flags shall be immediately removed upon the close of escrow of the last unit The signs and flags shall comply with the maximum height and size provisions of the zoning code 14 The project shall comply with Conditions of Approval for Tentative Tract No 15531 (98CL0113 13) 15 The Community Development Director ensures that all conditions of approval herein are complied with The Commurty Development Director shall be notified in wnting if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Comnussion'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 INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 Conditional Use Permit No 97-65 and Variance No 97-22 shall not become effective until the ten day appeal period has elapsed 2 Conditional Use Permit No 97-65 and Variance No 97-22 shall become null and void unless exercised within one year 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 Department of Community Development a minimum 30 days pnor to the expiration date 3 The Planning Commission reserves the right to revoke Conditional Use Permit No 97-65 and Vanance No 97-22, pursuant to a public heanng for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs 4 All applicable Public Works fees shall be paid 5 All new and existing utilities shall be installed underground (PW) 6 Traffic Impact Fees shall be paid, or accrued credits assigned, at the time of final inspection or issuance (PW) 7 A construction permit shall be required for all work within the City right-of-way (PW) 8 State-mandated school impact fees, or such fees as have been agreed to by the applicant and the school distracts, 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 Construction shall be limited to Monday - Saturday 7 00 AM to 8 00 PM Construction shall be prohibited Sundays and Federal holidays (98CL0113 14) 11 The applicant shall submit a check in the amount of$38 00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office The check shall be made out to the County of Orange and subnutted to the Department of Community Development within two (2) days of the Planning Commission's action (98CL0113 15) AT'�,T, ACH S i � cas T w .At� R�- %11 • i SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WL HOMES LLC, dba JOHN LAINE HOMES - CALIFORNIA FOR TRACT NO 15531 TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Arterial Highway Improvement 3 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 Non-Performance and Costs 8 13 Record Map 9 i • 0 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WL HOMES LLC, dba JOHN LAINE HOMES - CALIFORNIA FOR TRACT NO 15531 THIS AGREEMENT is entered into this�day of 1998, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and WL HOMES LLC, a Delaware limited liability company, dba JOHN LAINgHOMES, 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 15531, and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision, and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work to agree to perform said work as herein provided, and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material 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 1 4/s PCD Laing RLS 98 244 • 0 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 GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do and perform 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 4/s PCD Laing RLS 98 244 • • 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements including perimeter walls and landscaping required by conditions of the tract map 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 obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same 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 doing 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 City Council accepts the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 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 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 3 4/s PCD Laing RLS 98 244 • • 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or materials or statement by any officer, agent or employee of the 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 the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed, nor shall the CITY by thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof 7 COSTS SUBDIVIDER shall pay when due, all the costs of the work including inspections thereof and relocating existing utilities required thereby 8 SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement the SUBDIVIDER shall, pursuant to Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance provide as security to the City A Faithful Performance For performance security, in the amount of Six Hundred Seventy-one Thousand Dollars ($671 000 00) which is one hundred percent (100%) of 4 4/s PCD Laing RLS 98 244 • 0 the estimated cost of the work Such additional security is presented in the form of Cash certified check, or cashier's check X Acceptable corporate surety bond Acceptable irrevocable letter of credit With this security the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one year 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 Three Hundred Thirty- five Thousand Five Hundred Dollars ($335,500 00) which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of Cash, certified check, or cashier's check X Acceptable corporate surety bond Acceptable irrevocable letter of credit With this security, the SUBDIVIDER guarantees payment to the contractor to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the 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 5 4/s PCD Laing RLS 98 244 • 0 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, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or non negligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY The promise and agreement in this Section are not conditioned or dependent on whether or not the 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 11 INSURANCE In addition to SUBDIVIDER'S covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage Said policy shall indemnify CITY its officers, agents and employees, while acting within the scope of their duties against any and all claims of arising out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability, of$1,000,000 per 6 4/s PCD Laing RLS 98 244 • • 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 Said policy shall name City of Huntington Beach its officers, and employees 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 abovementioned 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, 4 and shall state as follows "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation ' SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY 7 4/s PCD Laing RLS 98 244 s • 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 NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, or falls to maintain the work, the 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 the 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 the CITY and its forces, including contractors, in the event the 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 the 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 8 4/s PCD Lam, RI S 98 244 i • 13 RECORD MAP In consideration hereof CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written WL HOMES LLC a Delaware limited liability CITY OF HUNTINGTON BEACH, a company ohn Laing Homes - California municipal corporation of the State of California By LG�� L Ed c mb, Preside By Mayor 1,7 T G NealeUice ident ATTEST City Clerk APPROVED AS O FO City Attorney REVIEWED AND APPROVED INITIATED AND APPROVED ( Ile -c C Administrator i y City Engineer hp 9 4/s PCD Lamb RLS 98 244 i s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f State of County of f I On < before me ate , p Name and Title of Off cer(e g Jane Doe Notary P,01 c) ( personally appeared oT" �, lour �� r�_��— �n6L _ `Zf�r_Zel ) 47 Name(s)of Signer(s) f C►3 personally known to me— to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledged to me that F /they executed the ) same in her/their authorized capacfty(fes) and that by hw,44er/their signature(s) on the instrument the person(s) �� �A.HOY or the entity upon behalf of which the person(s) acted I � -+� � t�tgryPubl'��0�(itairrya � executed the instrument t Wcw"15PMAug15 XM WITNESS my hand and official seal S gnature of Notary Public 1,01 1 OPTIONAL ( Though the information below Is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document I I Description of Attached Document ( I Title or Type of Document I i Document Date d' Number of Pages /D I I Signer(s) Other Than Named Above ( Capacity(ies) Claimed by Signer(s) Signers Name Signer s Name i f ❑ 1 dividual ❑ 1 ividual i CCorporate Officer ❑ Cor rate Officer Title(s) ��fv I� Title(s) ( ❑ Partner—❑ Limited ❑ General ❑ Partner— Limited ❑ Ge eral ) ❑ Attorney in Fact ❑ Attorney, in F t ❑ Trustee ❑ Trustee ' ❑ Guardian or Conservator ❑ Guardian or Co for I ❑ Other Top of thumb here ❑ Other Top of thumb here ( f Signer Is Representing Signer Is R resenting -Zr)g zLr�rx e-', G Z- e- ( ( I O 1995 National Notary Association 8236 Remmet A e P 0 Box 7184 Ca oga Park CA 91309 7184 Prod No 5907 Reorder Call Toll Free 1 800 876 6827 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK I have received Faithful Performance Bond No 361549 Labor and Material Bond No 361549 and Monument Bond No 361550 from Seaboard Surety Company for WL Homes LLC DBA John Laing Homes-California Re Final Tract Map No 15531 of Tentative Tract Map No 15531 Dated By (Telephone 714 536 5227) BOND NO 361549 PREMIUM 4,026 00 FAITHFUL PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of California and WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY- DBA JOHN LAING HOMES-CALIFORNIA (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements which said agreement dated MAY 6 TRACT 19 98 and identified as project 15531 _, is hereby referred to and made apart 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 SEABOARD SURETY COMPANY as surety are held and firmly bound unto the City of Huntington Beach, hereinafter called "City" the penal SUM Of SIX HUNDRED SEVENTY-ONE THOUSAND & NO/100-- dollars ($ 671,000 00 lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves our heirs successors executors and administrators jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning, and shall indemnify 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 1 • 0OND NO 361549 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 MAY 7 , 1998 WI, HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA JOHN LAING HOMES-CALIFORNIA as Principal By Divi ion Pres en - Orange County By Vice resident SEABOARD SURETY CqqANY as Surety ti By QV-)41 ,— , D J PICARD, ttorney-in-Fact By � r C L 'lttornt,� 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON 9 9P BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED Z ✓- 4tfA 6621 ].B AND T' 4; /V EA L E PERSONALLY KNOWN TO METn 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 SIGNATU MY PRINCIPAL PLACE OF BUSINESS IS NOTAR PUBLIC IN AND FOR SAID STA IN 6f /GDP COUNTY LEE (NAME PRINTED) MY COMMISSION EXPIRES KATHLEEN A.HOYT Commission 0 1149428 Z zamycomn Notary Public-California Orange County STATE OF CALIFORNIA ) BOLSAU915 X01 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 807501 3 STATE OF CALIFORNIA SS COUNTY OF ORANGE On 5/7/98 before me BEATA A SENSI NOTARY PUBLIC PERSONALLY APPEARED D J PICARD personally known to me GbXk�t XXAXt4XXXyX0&4WM to be the person(Q whose name(K) is/AKK subscribed to the within instrument and acknowl edged to me that he/Xi7tt executed the same in his/ ;XDhk6k authorized capacity(R&) and that by h►s/lKXX XEM signature(X) on the instrument the person(lo or the BEATAA SENSI ORANGE COUNTY eltity upon behalf of which the person(X) acted executed y the COMM #1133739 0 NOTARY PUBLIC CALIFORNIA P, the instrument ' My Comm Exp Apr 14 2001 W1"INESS my hand and official seal ------ Signature A This ar 7 for Official Noranal 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 FAITHFUL PERFORMANCE BOND 1 ITLE OR TYPE OF DOCUMENT n pus) ❑ PARTNER(S) ❑ LIMII f D ❑ GENLf7AL 2 ❑� ATTORNEY IN FACT NUMbLR OI PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSLRVATOR ❑ 5/7/98 OTHER DAl E OF DOCUMENT SIGNER IS REPRESENTING NAMC Or PCRSO (S)Oil L 47 iY(1r�) SEABOARD SURETY COMPANY _ SIGNER(S) OTHER THAN NAMED ABOVE )D-08) Pete 6/94 ALL PURPOSE ACKNOWLEDGEMENT BOND NO 361549 • PREMIUM INCLUDED IN THE COST OF THE PERFORMANCE BOND LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY-DBA JOHN LAING HOMES-CALIFORNIA (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated MAY 6 TRACT 19 98 , and identified as project 15531 _, is hereby referred to and made apart 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 THREE HUNDRED THIRTY-FIVE THOUSAND Code of Civil Procedures in the sum of FIVE HUNDRED & N01100----- dollars ($ 335,500 00 ),for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount heremabo-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 voia, otherwise iL shall be and remain on fud 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 1 8090 BOND NO 361549 affect its obligation on thideid, and it does hereby waive notice of an*h change, extension, alteration or addition In witness whereof this instrument has been fully executed by the principal and surety above named, on MAY 7 , 19 98 WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA JOHN NG H MES-CALIFORNIA , as Principal By TT—iva.si6fial reside Orange County By , \ Vic President SEABO SURETY C ANY as Surety By D J PICARD, A torney-in-Fact By � STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 9,9.0 BEFORE ME, ftTHGEE"n✓ Ho yr , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED L ANDS. ��.g1.E , PERSONALLY KNOWN TO ME 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 HAN SIGNATU MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLI IN LAND FOR SAID SATE IN COUNTY T.yGEE/V A yovT (NAME PRINTED) Y M I SI N EXPIRES WiLEN A.HOW STATE OF CALIFORNIA ) Cbm ition 01749428 SS mn�gecoun f COUNTY OF ORANGE ) WC[Yrrn 150vsAM15 2001 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 STATE OF CALIFORNIA • SS COUNTY OF ORANGE On 5/7/98 before me BEATA A SENSI, NOTARY PUBLIC PERSONALLY APPEARED D J PICARD personally known to me �� � M�fX{ Xi to be the person(Q whose name(K) is/ARK subscribed to the within instrument and acknowl edged to me that he/XX9X134 executed the same in his/ VCMIK-k authorized capacity(f-€) and that by his/IBEX XDM signature(K) on the instrument the person(]Q or the entity upon behalf of which the person(K) acted executed BEATAA SENSI Comm it1133739 the instrument I NOTARY PUBLIC CALIFORNIA y ORANGE COUNTY WITNESS my hand and official se-il $ r' My Comm Exp Apr 14 2001 �ao�eaee� Stgnaturc A This area for Official Notarial Stal 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 LABOR AND MATERIAL BOND TITLE OR 1 YPF OF DOCUMENT r„Lr(S) ❑ PARTNER(S) u t IMITED 2 ❑ Gf NERAL ATTORNEY IN FACT NUf?,BFR OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER 5/7/98 DATE OF DOCUMEN t SIGNER IS REPRESENTING NAMC Of PCRSO J(S)Oia CN7 IY(ILS) SEABOARD SURETY COMPANY _ SIGNER(S) OTHER THAN NAMED ABOVE ID-031 Rev 6/94 ALL-PURPOSE ACKNOWLEDGEMENT Nb 15�38-=v= REMY DM_INfSfATIVEOFFICES BEDMINS R=NEWJERSEY -POWER KNOW ALL�MEN_BY THES�PRESENTSThaCSEABOAeD SURETY COMPANYfa coFporatlon df the State of New York=has__ - - - tmadetutdd an pp'ointed and_by these 15resents_doe�aPs make-constitute and a olnt=' a - - pP--- =Rohmor icard�_�\ � �� _ - =_ `ts tFue and la-wful Attorney_m:Fct=to make;execute and deliver on its behalf insurance pohctes surety bonds undertakings and _- other uistruments of similar_nature`as follows _= _ __J= - _�Such Insurance policies suety^bonds undertakings and instruments_for said purp"oses-wh__h duly_executed by the aforesaid__, Attorney_inFact=shall be'bindiog'upon-the Bald Company_as fully and to_the same extent as_if signed by_the duly authorized Doff cers of the_Company d s€aled w th its corporate seal andJthe acts of said_Attorney in-Fact=pursuant-to the authority- - -hereb iGen=are hereb ratlfiednd confirmed Y 9 _,_y ��_�-_ram ='s Thls ap`polntment istnade pursuant to fhe fallowing By_Laws which-were duly opted by_th Bard Directors of the-said emCompany_onDecr _ gJ a de dnnnua�_y15=1982_and are tell i ul I f o ce r and effect_ s - �ARTICLE VJI ��=Pohcles bonds recogn nces=shpuiations-consents of surety undervvrllmg u-nddrtakings and instruments relating thereto _ Insurance pol�cles-bonds-re- ces stipulations consents of surety and underwnhng undertakings of the Company and releases agreements and other writings relating in any wy thereto oto any claim_oLoss thereunder shall tie signed in the name and on behalf of the Company=J_� (a)_by the Chairma�f the Bba d th tlenl a Vice PTes�dent ova Resid!V_Ce Pre deht antl by theSeC�eta�y an Assistant Secretary a Resident Secretary of a ResidenfAssistan Secretary oc(b) 6yan At�tbmey mFactfo�the Company appointed and authorized by_the Chairmanbf the Board=the= r entaVice�esident to make such signature or(C)bysuch otheLoff_Cers of representativs�he Bo`a�d%nay�rom tit fief` == The seal of the Company shall if appropriate be affixed thereto by any such officer-Attorney m Fact or`epresentattive - - %;��_ - _ =ice SIN 11VI7NESS=WHEREOF SEABOARD=S E7Y-COMPANY_has caused:the se=presents=to be gned-b`y-_o_n"e=ofAts Vlce; �Presiden�=anand�its`corporate seal_to bel�reunto affixed and duly attested by one=oJts Assistant Secretaries=this= TF" -* `6� Aite_-lam -firms _ SEA OARD Y- COMP SURET ANY= �� s `USecretar ^�`—`� '$riari P_ � _ COUNTY__ OM e�arP_en thisIs� dayof= efore mepersoallap_p , ��- �= B_r_1aYi Dirty = — a_Vice-P-iesldent oSEABOARD SURETY COMPANY' ith whom I am personally acquainted-who_being by_me duly sJ said that hele"sides In the State of=1�l �%Jersey -_ that liesa VVice-Pres ddent of SEABOARD SURETY_COMP,ANY the coJporatioridescflbed n antl_wJilch executed the foregoing =� _ - - - nst�ument xhat�k�s th �porate�al ofthe s Comps ys�ti_he se�araff d`saidjns_trumentas suct�c orate s-ea l �hatii�so affixed b rd f the Bo rd o'Di�ectocs o�_sald Company ands t hgned hi`Eiamethereto Vice-P-reside f �aid_Go mpany b'-flke"duthorit :,t_ y— �SELINDATAYE=LEE ��—�_�,�-_, NOTARY PUBLIC OF NEW JERSEY = - NoraR - -; ,Comrnlssion Expirei _ Public 'PUBLIC'- 1_- z II the undersigned Assista`Secretary ofSEABOARD SURETY COMPANY do hereby certify thatthe original Powerof Attorney of which the foregoing is a full true artid corfect copy is m full force and eff cton the date 6f this CertihCate and I do further Certify that the Vice�Fesident who executed_the said Powerof_� - AttO-neywas on��itFae OtfiCe_duthor¢gd by the Board of Di�e'ctors to appoint ariattOrney,n tact as provided in Article VII=Section 1=of the By caws of?_�_, � �=- -_- =��_��-; �Th`Ce tificate may b-ssighed and-Baled by ficsimde_under and by homy oof the following r_esolufion of the orrimrttee of_the Board of, _`erectors of SEAEOA_RD SURE Y-COMP NY-aka meeting dulycalletl 9�d held on the 25th day of March'1970= _RESOLVED t?a Tt�t t`use of punted facsimile oFthe_corp�ate seal of the Company and of-the signature of an=Assistant Secretary o any_ zCertifi6aG6;:b the correctness of copy of an u5strumenLexeCuted by the-P��sident or a Vice=2reSident p_ursuantto Cfti if VJI_5ection P f the By Laws z —�_ -_ zappointmg 8nd uthoY�zing an 2ttorney_m factZ ign ir�the name'and on behal[of the Compar�ysure y-bonds=ur�de tliid'und-eEtakm'-gs or other, „uments 8escnbedansaid art�le ll-Sect n_1 wafi e�f`��f suohseal an_isuE ignatur�ad be`eri manuallyJixed and ade hereby is authorized and approved �=�_ �- MN WrrNESS_WHEF3 E-have hereunto set fny hand and affixed the corporate seal of the=Corripany-to these presents this= SUBETy s� dad/ —� b I S OF NEN4 /an—I=retar - NE'N tom— e For verification of the authenticity of this Power of Attorney you may call collect 908 658 3500 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number the above named individual(s) and details of the bond to which the power is attached In New York Dial 212 6275444 &ND NO 361550 PREMIUM $100 00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY THAT DBA JOHN LAING HOMES-CALIFORNIA as Subdivider of Tract No 15531 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 WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY That said DBA JOHN LAING HOMES-CALIFORNIA (Subdivider) as principal, and SEABOARD SURETY 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 $ 6,000 00 , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California IN WITNESS WHEREOF,we have executed this instrument this NTH day of MAY , 19 98 WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA JOHN L OMES-CALIFORNIA as Principal By__-4 'o Di isio 1Presiden Orange County By Vice Pre 1dent SEAB ARD SURET OMPANY as Surety By 1 L\4_1 D J CARD, Atto zey-in-Fact By r r809201 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTAR PUJJBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 7- 0. AV//W E E AND L .T PERSONALLY KNOWN TO ME 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 SIGNATU MY PRINC AL PLACE OF BUSINESS IS VARPUBL IN AND FOR SAID ST IN COUNTY h'�.C� (NAME PRINTED) MY COMMISSION EXPIRESKANUEN A.HOW Commission 0 1149428 90 Notary R,bac-carrornio f orange County STATE OF CALIFORNIA ) mA►carnm 6cpkesnug15 2001 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 I 809201 STATE OF CALIFORNIA S SS COUNTY OF ORANGE On 5/7/98 before me BEATA A SENSI NOTARY PUBLIC PERSONALLY APPEARED D J PICARD personally known to me XXRMXNX$X0N0&XM to be the person(Q whose name(1) islAkK subscribed to the within instrument and acknowl edged to me that he/XME executed the same in his/ ZXXXtkk authorized capacity(kX) and that by his/HW Xb=signature(K) on the instrument the erson BEATAA S3739 p (X) or the 01,14406�" COMM lt1133739 �e-itity upon behalf of which the person(1) acted executed NOTARY PUBLIC CALIFORNIAP4 the instrument ORANGE My Comm Exp Apr 14 2001 WFrT\FESS my hand and official seal Signature ' This area for Official Notarial Scal 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 MONUMENT BOND I ITLE OR TYPF OF DOCUrv[NT inLu ) ❑ PARTNER(S) ❑ 1 IMITI D GFNFRAL _ 1 ATTORNEY IN FACT NUML)CR OF PAGES ❑ TRUSI EL(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER 5/7/98 DATE OF DOCUMENT SIGNER IS REPRESENTING NAf 1C Or PCR„O q(S)OR C141 nY(IL S) SEABOARD SURETY COMPANY S16NER(S) OTHER THAN NAMED ABOVE ID-WI Rev 6/94 ALL-PURPOSE ACKNOWLEDGEMENT tCer IfIfied-Copy '•_ _ ' �= =- Mla - SEA��OIRD=SURETY C01�1NY- ti _ - -_ AINISTRATIVE=OFFICES_=BEDMINSTER=NEW=JERSEY— �__ P_OWER-OF ATTORNEY_ —z O AL M_BY7HESE-P_R ESE N7S�ha ABOA DR BOAR Y O NY Coa rp ration Of the S`of N W`e York-k s _made-`nstituted a d appoJlnted aid by-th�gresents does make-constitute and appoint d-M-_Rro�ti or J�- tD M`its true and_la_wful Atto"rney_m' act30 make execute and_dehver on its behalf insurance policies;surety bonds;undertakings and then instruments of similar nature as follows_���`-���-��—_����`fJ�`-`—= _Without=L-un�taionsv-z `J Such_-insurance poi cZS urety bona n�taking_s'and instruments for said pu poses,wh d ly execute`d_by the aforesaid Attomey_I��act=shall be binding upon"the sated C mpa'ny as fully and to_th�same extent as if signed bythe duly authorized office f=the Comply d e led whits cor"porat=seal�an a11the acts of said Att�oriey ` ohe�utionFtpuu ty f he�ebyglven,==_are hereby�tified antfconflrmed -� -zJ z�- f�- =ems`��� �� This§a ointment is made pursuant to the followin B -La_sw which-were_dul ado d b the Board of Di er cto�s of_the skid ---- pp —— - P— --- g y - l_Y P,�y- - Compqffy on Dece few 8_ tt=1927_w`h- A endments tof d inctudi Ja=u�ry��f 21ind ar`tom`full force a and ef,few PARTICLE Vii-SECTION_7 � -�. ✓-_� `�1z��- � �-�-% �Pohcies bo=s-r�l n`nc stipulations-consents of`rety underwnt rig undertakmrgs`d instruments thereto nsuran a poles bon_d�ecog_n¢aJnces st`pulatwn�ons�tsdf urety nand undue ritirig und`ertak`ogs of th�ompany and releases agreements and other= wnUn s CeI t!- in an wa the ee o or to arl Claim o�loss thereunder--all be si ned m the name and`on behalf of the Gom an =gig- g- -y ,Y y -g: - - _P ti y the Chairman of the Bow th`esidenY a Vice Pree dent or a Resident Vice Presidentand by the Secretary an Assistan` tary a Residenf` Secretary Or�Resident AssisttCt ecretaryror(b) by a`na4ttorney i�act for i�Comp ipy appointed and authonied by the Chairman of the Board the= resident o�r_a Vice Presitlen� ak`e"sucli sigrieture`or(c)bye tt othe�otf`ers o�representatwes es the Board may from l to time tleterme 7h seal of the C6mpa�Y shall if appro0ate be affixed thereto by any_sucti'ofhcei=Attorney_in Fact or'represen_tauve� res'ide n = _ TYC O PAN` - %��ii=�b�on -o�fisVi�cN WIWHE Mfa 4_h e= _ =efye 1 klfnd ulested bo f ItsAsitanSecek d ks, orpt es=tsi otkotoaflxed �-i� SEABOARD-SURETY-COMPANY==�^ nt SeC�eta mil)"i z UM� ��-i�-v��- h�s 215 duo Sanwa — '�_— _ ;�� �� 19 98before me personally appeased __�--a Vice P_resident_of`SEABO_ASURETYCOMPANY zth h t I am ersona y acacgu fnted�whd befg by'me dulysworn=said that he resides'i_n theState'of_=�le�tit-Jex5e ,- _�l �Yl k that hie`VIce=Press nwEAbOARD SlJ E—TT�COMPANY theme corporation-descl in and which executed he foregoing instrument-that=n{�the co�orate seal of the said Company that the seal affixed t_o_said instrumentis such corpo rate al �hatttwas so affixed by_order of the Board of Directors of said Company=and that signed his-am e thereto Vice�P_esident of_; said CoinJean=b' like authbrity_�s- —� �- -BELl1VDp FAY =LEES-_,�,_ NOTA�P_UBLiC=OF NEW RS_J� t l * _�,= M Lotnrnisslontz lres-5e t=9,1998 - -- V�v PUB[=G .� ✓-��_�� _.�_ - iV -_�-�'F — ti��i-�--� _�C=E=R%T=1=F�.1=C-AST-��J�—������_�--�J✓�-�% �_i�f NEB z l the undersigned As stant ecr ry df SEABOARD SURETY_COMPANY_ hereby ce tify that the original Power of Attorney of whichthe foregoing is— lull Irue�d correct py Ism I forte rid effec�on the dat�Of this Certify_-c_ate and l do further certify that the Vim Presdent who ex�=efth_e said P�erof�; Attorney_was oone of the Offro rs aut�nzed by the f3oard�Di�ect��s to appo—nt�.attorneffa �ded`i ticie VJ1=Section 7-oi the By Laws off SEABOARD SURETY_COMPANY J his CeFtrfGate may be signed and sealed by tics rmile und`erand by a_uthority'f the_followmgtesofution of the Executive Committee of the Board of,EE _r�tors ofSEABOARD SUR_EmCOMP a meeting duly ailed and he�on'the 25th�y_o_f March 19�`✓ �^z�=-�� V RESOLVED=(2)=That-II use of a pnntBd facsim�le_of the corporate—seal ot_itie_Company'and oLthe signature of an Assistant Secretary on any ertrfi cation of th'e o ler tries Of Copy of at��nsirti t e`xecuted by the President_'or a VG610r sident puns a t to=Articie VII Section a�of�he By Laws 3"-�� =� s =_ice-�— -�� i L% ppom`g and aut`n_zatt _ney`nt�th�nam don bJ ILoi_the Company�urefy nds�u rwnhng�dertaki�or-othe—, nstrumetit=scrib satd ALtide VJ►=S_e n 1 wi-t ke_eftect as rf such Seal and Sig a`ture had-b`ri anualty�fixed a`ndlnade-hereby ism authonz�d 11N;WITNESS_WHEREOF,'--have hereut5to;;e�mY�tand a_nd affixed th_e'corporate seaCof the Company to these presents this s� THE��J f%- 'c %� � day�f1� t�'�� -NM 9$ _ram=i _` MN ��,�� ssista�nt=`emery= For verification of the authenticity of this Power of Attorney you may call collect 908 658 3500 and ask for the Power of Attorney clerk Please refer to the Power _f Aft, - n mho tho ahnva named individual(s) and details of the bond to which the power is attached In New York Dial 212 6275444 0 • RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT SUBJECT Final Tract Map No 15531 COUNCIL MEETING DATE June 1 , 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) 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 Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW ED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use DATE(MMIDDIYY) CE'RTIFI AkE OF INSURANCE 4/27/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ao n Risk Services I In c of HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR Southern California ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 695 Town Center Drive Ste 500 n COMPANIES AFFORDING COVERAGE Costa Mesa CA 92626 COMPANY 714-641-8355 A Legion Indemnity Co _ INSURED COMPANY W L HOMES LLC B Insurance Co of State of Penn 19600 Fairchild Rd #120 COMPANY Irvine CA 92715 C COMPANY D COVERAGES THISIS 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 TERMORCONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECT TO WHICHTHIS CERTIFICATE MAYBE 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(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 5000000 A 7X COMMERCIAL GENERAL LIABILITY GL2-0551697 4/ 15/98 4/ 15/00 PRODUCTS COMP/OP AGG $ 5000000 CLAIMS MADE a OCCUR & EL2-0551698 4/ 15/98 4/ 15/00 PERSONAL & ADV INJURY $ 5000000 OWNER S&CONTRACTOR S PROT EACH OCCURRENCE $ 5000000 FIRE DAMAGE(Any one fire) $ 50000 MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ A ANY AUTO GL2-0551697 4/ 15/98 4/ 15/00 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY g X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE g GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY Ij EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 15000000 B X UMBRELLA FORM 4298-9699 4/15/98 4/ 15/00 AGGREGATE $ 15000000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL DISEASE EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATION SILO CATION S/VEHICLES/SPECIAL ITEMS Re Cape Ann Tract#15531 Additional Insured Endorsement Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL� MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 2000 Main St Huntington Beach CA 92648 AUTHORIZEDR� NTATIVE ��COROCORPQRATIQN 000945000 ACORD25 S(SISS) 1003 K/Ni LI l9 0- -I- L' POLICY NUMBER GL2-0551697 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insui-ince provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE N-ime of Person of O►ganivition The City of Huntington Beach, its Agents, Officers and Emplo)ees (If no entry appeals above information iequiied to complete this endorsement will be shown in the Declaiation as applicable to this endorsement ) WHO IS AN INSURED (Section II) is amended to include as an insured the person of oiganization shown in the Schedule but only with respect to liability aiising out of your work for that insured by of foi you CG 20 10 • • ;,",e CITY OF HUtVTItVGTOIV BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 3 1998 First American Title Insurance Company 114 E 5th Street Santa Ana California 92702 Attention Janis Okerlund Regarding Final Tract Map No 15531 - Order No 9738464 This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording please return two prints of the Tract Map to Bruce Crosby Department of Public Works P O Box 190 Huntington Beach CA 92648 Sincerely zoo &4"&WrA Connie Brockway CIVIC City Clerk CB cg Enclosure Received by 9Dated r S LIAz (Telephone 714-536 5227) II 10B 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 '7 b' TO ATTENTION /— s �y m Name r / DEPARTMENT 1` Y• i��.� L /"/`�s a/�t Street �,2✓��� G�9 9a2 i-Z REGARDING City State Zip See Attached Action Agenda Item E — Date of Approval F Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks Connie Brockway City Clerk Attachments Action Agenda Page Agreement Bonds v/ Insurance RCA Deed Other Name Department RCA Agreement Insurance Other A> N D�a�m/ent RCA Agreement Insurance Other / mac Mo L /��J! /lt!� ✓ �— �� _V" Name( Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other �O,��t✓Li Risk Management Dept Insurance Received by Name Company Name- Date G Follo,,Nup/coverltr (Telephone 714536 5227) 4 100 AUTHORIZATION OF MAP RELEASE TO TITLE CO TO Janelle Case Deputy City Clerk FROM Bruce Crosby Civil Engineer Assistant DATE June 2, 1998 TRACT NO 15531 TITLE CO First American Title Insurance Co , 114 E 5th St , Santa Ana Ca 92702 PHONE NO (714) 558-3211 TITLE OFFICER Janis Okerlund ORDER NO OR-9738464 I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with Bruce P Cros 31947 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE ` uW 2�1 lolls FROM COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO ��31 PARCEL MAP NO 1 °►3 low PARK AND RECREATION FEES PAID YES ❑ NO OTHER for Hoard Zelefsky Plarrune Director PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid, I am over the age or eighteen years, and not a PUBLIC NOTICE NOTICE—IS HEREBY GIVEN that Item#1 is cov party to or interested in the below NOTICE OF ered by Final Emnronmen- PUBLIC HEARING tal Impact Report No 89.1 entitled matter I am a principal clerk of BEFORE EFO ETHE NOTICE IS HEREBY CITY GIVEN that Item #2 is cat the HUNTINGTON BEACH INDEPENDENT a OF THE CITY OF egorically exempt from the provisions of the California HUNTINGTON BEACH Environmental Quality Act newspaper of NOTICE IS HEREBY general circulation, printed GIVEN that on Tuesday ON FILE A copy of the and published in the City of Huntington February 17 1998 at 7 00 Proposed request Is on flee PM In the City Council o the Community Deve1 2000 Chambers 2000 Main pment Department Huntington Beach, County of Orange, State of street Huntington Beach Bain St each CaliforniaCalfornia92648 the Council will hold a for Inspection b the pub California, and that attached Notice is a lowing City Iteemnng on the fol lic A copy of the staff re- true and complete copy as was printed 1 APPEAL OF TENTA port will be available to In- TIVE TRACT NO 155311 terested parties at City Hall CONDITIONAL USE PER or the Main City Library and published in the Huntington Beach MIT NO 9765NARIANCE (7111 Talbert Avenue)after NO 97 22 (CAPE ANN February 12 1998 and Fountain Valle Issues of said RESIDENTIAL PROJECT) ALL INTERESTED PER Y SONS are Invited to attend Applicant John Laing said hearing and express newspaper to wit the issue(s) of Homes Appellant Council opinions or submit avi member Tom Harman Re- quest To permit the subdi application as outlined vision of approximately 13 above If you challenge the gross acres Into a one 1) City Councils action In lot subdivision for con o- minlum purposes Tor devel opment of 146 detached court you may be limited February 5, 1998 single faintly homes The to raising only those issuesyou or someone else conditional use permit re-l raised at the public hearing quest Includes a model described in this notice or home sales complex A In written correspondence variance is requested for a delivered to the City at or minimum nine (9) feet side prior to the public hearing separation between build of there are any further ings on the same lot In lieu questions lease call the I declare, under snail` ofperjury, t at of 15 feet between two (2) q p P f Planning Division at 53s- story buildings and 20 feet 5271 and refer to the the foregoing is true and correct between three (3) story above item Direct your buildings Location South written communications to east comer of Promenade the City Clerk Parkway and Seagate Drive Connie Brockway, Project Planner Mary Beth y, Broeren City Clerk, City of Hun. Executed on February 5 1998 2 ANNUAL REVIEW OF tington Beach, 2000 THE HOLLY SEACLIFF DE Main Street,Znd Floor, at Costa Mesa, California MENO M PMENTAGREE Huntington Beach,Cal I+Y Ifornia 92848, (714) Huntington Beach Request 5365227 Review of the Holly Seacliff Published Huntln ton Development Agreement Beach Fountain Valle g In No 901 Annual Compp11 Y ance Report Location Ap- dependent February 5 proximately 450 acres lo. 1998 cated between Ellis Avenue 021 929 on the north Huntington Street on the east Ed wards Street on the west and tqe Seacliff Golf Course on the south Signature Protect Planner Mary Beth Broeren i Connie Brockway City Clerk City of Huntington Beach Office of the City Clerk ` PO Box 190 f Huntington Beach CA 92648 , H E r ro Sell Ya V / 11 1 lN6 Z j0,r 00 07 a �.w M+►,, B� PACIF C OAST HOMES PO sox 5 Houston T 77001 TY LEGAL NOTICE- PUBLIC HEARING ��vc►i �v-to Connie Brockway City Clerk City of Huntington Beach Office of the City Clerk - PO Box 190 `�� sy°s�'O� 9 � Huntington Beach CA 9 648 �'f�s°�!�"�gaO�Ps°�P� ' /aci 3 oasVl� � TIN6jp�, 285 X 77001coo TY � o LEGAL NOTICE- PUBLIC HEARING `= CITY OF HUNTINGTON BEACH V" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 24, 1998 John Laing Homes 19600 Fairchild Street, Suite 150 Irvine, California 92612 Dear Sir The City Council of the City of Huntington Beach at its regular meeting held Monday February 17, 1998 denied the appeal filed by Councilmember Tom Harman and sustained the decision of the Planning Commission approving Tentative Tract No 15531, Conditional Use Permit No 97-65, Variance No 97- 22 (Cape Ann) with the attached Findings and Conditions of Approval Sincerely Connie Brockway, CMC City Clerk CB mh Enclosure Findings and Conditions of Approval cc City Administrator City Attorney Community Development Director Mary Beth Broeren Community Development Department Bruce Crosby Public Works Department g/f611oN%up\1etters\90day1tr (Telephone 714 536-5227) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO, 15531/ CONDITIONAL USE PERMIT NO 97-65/ VARIANCE NO 97-22 FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO 15531 1 Tentative Tract Map No 15531 for subdivision of 13 gross acres for the purpose of a one lot subdivision for condominium purposes (146 detached residential units) is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, or any applicable specific plan, or other applicable provisions of this Code Condominiums are a permitted use 2 The site is physically suitable for the type and density of development at 11 units per acre The site was previously studied for a greater intensity of land use (15 units per acre) at the tune the General Plan land use designation and the Holly Seacliff Specific Plan zoning were adopted for the property The size, depth,frontage, street width and other design features of the proposed subdivision are in compliance with the 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 site was previously evaluated in Environmental Impact Report No 89-1 and will comply with appropriate mitigation measures There are no environmental impediments to the project 4 The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements,for access or for use,will be provided The subdivision will provide all necessary easements and will not affect any existing easements FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-59 1 Conditional Use Permit No 97-65 for the establishment,maintenance and operation of the 146 unit condominium project(2 and 3 story, detached residential units) and the model home sales complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood The proposed grading, site layout and design of the project properly adapts the proposed structures to street, driveways, and other adjacent structures and uses in a harmonious manner Due to site characteristics, such as landscape areas and unit orientation, there is adequate setback from sidewalks and streets Adequate parking and directional signage shall be provided for the model home use (98CL0113 3) 2 The conditional use permit will be compatible with surrounding uses most ofwhich are residential The project will be directly adjacent to one future residential property It is bounded on all other sides by established streets and the Transportation Corridor Compliance with the mitigation measures of Environmental Impact Report No 89-1 and code provisions ensure that the project will be compatible with other area developments The model home complex will be compatible with the area as it is similar in nature to the residential uses in the area 3 The proposed 146 unit condominium project(2 and 3 story, detached residential units) will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the distract in which it would be located The proposed residential units meet all code provisions, including setbacks, density, open space and parking, with the exception of the variance request for reduced side separation between buildings The project will also contribute to the affordable housing requirements of the Holly Seacliff Specific Plan The model home complex will comply with all code provisions 4 The granting of the conditional use pemut will not adversely affect the General Plan It is consistent with the Land Use Element designation of Residential Medium High Density on the subject property In addition, it is consistent with the following goals and policies of the General Plan LU 9.1.3 Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below a. Design building elevations treatment to convey the visual character of individual units rather than a singlular building mass and volumes c Include separate and well-defined entries to convey the visual character of individual identity for each residential unit,which may be accessed from exterior facades, interior courtyards,and/or common areas d Site and design parking areas and facilities that are integrated with but do not dominate the architectural character of the structure e Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood LU9 1.4 Require that recreational and open space amenities be incorporated in new multi- family developments Houses Encourage the provision and continued availability of a range of housing types throughout the community (98CL01134) FINDINGS FOR APPROVAL -VARIANCE NO 97-22, 1 The granting of Variance No 97-22 for a minimum nine foot side separation between buildings on the same lot in lieu of 15 feet between two story buildings and 20 feet between three story buildings will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification 2 Because of special circumstances applicable to the subject property, including shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification The subject property is oddly configured having six sides,with the northern portion of the property being relatively narrow This constrains placement of units given requirements for turnaround areas, street widths, etc The property is also bound on all but one side by nghts-of-way and the Transportation Corridor and is considered a through-lot Required rear setbacks for through lots and exterior side setbacks are 10 feet greater than that required for interior properties and non-through lots Setbacks from the Transportation Corridor are five feet greater than that required for interior properties 3 The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights Reduced building separation enables the site to be developed with detached homes at a moderate income price Thus,residents will have an affordable living opportunity and be able to enjoy private yards 4 The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification The project design is comparable to small lot single family projects in terms of side building separation providing adequate light and ventilation between units The project exceeds minimum private and common open space requirements, providing informal and formal recreation areas for the residents 5 The granting of the variance will not adversely affect the General Plan It is consistent with the Land Use Element designation of Medium Density Residential on the subject property because it offers a creative design solution that provides moderate cost housing consistent with the City's goals for affordable housing and attractive project design (98CL0113 5) ) �J ' CONDITIONS OF APPROVAL -TENTATIVE TRACT MAP NO 15531 1 The tentative map received and dated December 2, 1997 shall be the approved layout 2 Prior to subrruttal of the final map for approval by the City Council, the following shall be required a. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney The CC&Rs shall reflect the common property and maintenance of all walls and common landscape area by the Homeowners'Association The CC&R's shall indicate that the Homeowners Association shall have the right to maintain building walls, private fences and open space if they are not adequately maintained by their respective owners The CC&Rs shall also include notice on possible future uses of the Transportation Corridor The CC&Rs must be in recordable form prior to recordation of the map The CC&Rs shall include language that indicates the design of this development intentionally omitted the installation of security gates and associated turnaround areas and space to provide these facilities in the future The language shall also indicate that any application for the installation of security devices for the site submitted to the City of Huntington Beach shall include evidence that the Homeowners Association will provide the:necessary property for construction of the required facilities and street improvements, and bear the cost for the same (PW) 3 The following conditions shall be completed prior to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (PV) a. The following shall be dedicated to the City of Huntington Beach 1 An easement over the private streets for Police, Fire and Public Works Department access purposes 2 The water system and appurtenances as shown on the improvement plans for this tract 3 Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system b All vehicular access rights to Garfield Avenue, Seagate Drive and Promenade Parkway shall be released and relinquished to the City of Huntington Beach except at locations of street intersections c A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval (98CL0113-6) • • d A sewer study for the entire site shall be subnutted for Public Works approval e The sewer system within the private streets shall be owned and maintained by the Homeowners Association f The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each structure This plan shall be approved by the Public Works Water Division prior to any construction g The developer shall be required to extend the waterline in Seagate Drive from the point of connection with the waterline in Promenade Parkway to the western boundary of the project h All dwelling units shall require separate domestic water meters and services All three story structures shall require a RPP backflow prevention device The domestic meters and services shall be sized per the Uniform Building Code, Building Department and Fire Department Standards i The developer(and any subsequent homeowners association) shall enter into a Special Utility Easement Agreement with the City,which shall address repairs to any enhanced pavement,wall, fencing, etc by other than City forces, if the City water mauls require repair or maintenance j Hydrology and hydraulic studies for the entire site shall be submitted for Public Works review and approval The developer shall design and construct the drainage system required to serve the development On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method k The storm drain system within the private streets shall be owned and maintained by the Homeowners Association 1 All on-site catch basins shall be grate type in order to prevent paper and debris from entering the storm drain system (NPDES) m The developer shall install storm dram clarifiers or fossil filters at each catch basin to the satisfaction of the Department of Public Works (NPDES) n All private sidewalk widths shall meet ADA requirements o The developer shall install street lighting per Public Works Standard Plan No 411 on Seagate Drive p The developer shall install "STOP ' signs on E" Street at Seagate Drive, and on Seagate Drive at Promenade Parkway (98CL0113 7) ' q All exterior landscaping improvements shall be installed and inspected r The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 s The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of said map in a manner described m Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 4 Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer (PW) 5 The tentative map shall be an affordable housing development pursuant to the affordable housing requirements of the Holly Seacliff Specific Plan 6 A reproducible mylar copy and a print of the recorded final map, along with a digital graplucs file of the recorded map, shall be submitted to the Department of Public Works (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE MAP NO. 15531 1 All applicable Public Works fees shall be paid prior to map recordation (PW) 2 The final map shall not be approved by the City Engineer until all securities have been posted with the Department of Public Works (PW) 3 Park and Recreation Fees shall be paid, or accrued credits assigned, prior to acceptance of the final map by City Council 4 Tentative Map No 15531, Conditional Use Permit No 97-65 and Vanance No 97-22 shall become null and void unless exercised within two (2)years of the date of final approval An extension of tune may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date 5 The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption 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 Community Development within two (2) days of the Planning Commission's action (98CL0113 8) ' CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO 97-65 1 The site plan and model site plan received and dated December 2, 1997 and floor plans and elevations received and dated January 8, 1998 shall be the conceptually approved layout with the following modifications a The third story floor plans shall comply with Uniform Building Code requirements, including exiting pursuant to 94 UBC Section 1003 1 b Garage doors shall be of the automatic roll-up variety c Additional architectural treatment shall be provided on side elevations visible from the street subject to review and approval of the Community Development Department d Materials and colors shall be provided on the elevations e The model site plan shall be revised to show the van accessible handicapped space in the location of parking stall nos 1 and 2 f Parking lot stnpmg detail shall comply with the Huntington Beach Ordinance Code and Title 24, California Administrative Code (Code Requirement) g Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public nghts-of-way Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view (Code Requirement) h All exterior mechanical equipment shall be screened from view on all sides Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building Equipment to be screened includes,but is not limited to,heating, air conditioning, refrigeration equipment, plumbing lutes, ductwork and transformers Said screening shall be architecturally compatible with the building in terms of materials and colors If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s) (Code Requirement) i Depict all gas meters, water meters, electrical panels, air conditioning units,mailbox facilities and similar items on the site plan or grading plan and elevations If located on a building, they shall be architecturally designed into the building to appear as part of the building They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks (98CL0113 9) j If outdoor lighting is included, energy saving lamps shall be used All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations 2 Prior to submittal for building permits for model homes or production units, the following shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electncal, mechanical and plumbing) b Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No 429 (FD) c Submit three (3) copies of the site plan and the processing fee to the Planning Division for addressing purposes after street name approval by the Fire Department d All Fire Department requirements shall be noted on the building plans (FD) e Residential type structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that he within the 60 CNEL contours of the property Evidence of compliance shall consist of subrmttal of an acoustical analysis report and plans,prepared under the supervision of a person experienced m the field of acoustical engineering, with the application for building permit(s) (Code Requirement) f A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, foundations, retai ung walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) g Floor plans shall depict natural gas stubbed in at the locations of cooking facilities, water heaters and central heating units 3 Prior to issuance of grading pernuts, the following shall be completed a A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval b Blockwall/fencing plans shall be submitted to and approved by the Department of Community Development Double walls shall be prohibited The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and drainage (98CL0113 10) 4 Prior to issuance of building permits for model homes or production units, the following 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 Department of Community Development b The Final Map No 15531 shall be accepted by the City Council, recorded with the Orange County Recorder and a recorded copy filed with-the Department of Community Development (Code Requirement) c In accordance with NPDES requirements,a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer and submitted to Public Works Grates shall be used in lieu of side opening catch basins to collect debris (PW) d A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development 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 plant materials to remain, existing plant materials to be removed and proposed plant materials, an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval (PW ) (Code Requirement) e A gradmg permit shall be issued by the Department of Public Works f A$5,000 cash bond shall be posted with the City for the model home complex to guarantee compliance with conditions of approval g The temporary sales trailer shall be State Certified and be provided with handicapped access Evidence of such shall be provided to the Community Development Department 5 Prior to construction of the model homes, the following shall be completed (FD) a. Provide one fire hydrant within 150 feet of the model buildings b Provide an all weather surface fire road to the model buildings 6 Prior to combustible construction of the production homes,the following shall be completed (FD) a Ten(10) fire hydrants shall be installed in locations approved by the Fire Department Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation b All roadways shall be completed to the base course of asphalt (98CL0113 11) / �J 7 During construction, the applicant shall a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site b Wet down areas in the late morning and after work 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 avoid high ozone days (first stage smog alerts), e Discontinue construction during second stage smog alerts 8 Prior to final building permit inspection and approval of the first residential unit, the following shall be completed a. The developer shall subnut an affordable housing covenant for the entire project designating the project as affordable for 30 years per the Affordable Housing Plan for Holly Seacliff The covenants shall be approved by the City Council and recorded with the County of Orange All sales prices and buyers shall be pre-approved by the Community Development Department b All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including 1) Two vehicle access points will be required as shown on the site plan Emergency Access gates will be designed to comply with City Specification No 403 The Emergency Access gate shall be electrically controlled and equipped with an Opticom strobe opener for emergency vehicle entry (FD) 2) Fire lanes will be designated and posted to comply with City Specification No 415 (FD) 3) Address numbers will be installed to comply with City Specification No 428 Individual units will be sized a inu mum of four(4) inches with a brush stroke of one-half(1/2) inch (FD) 4) Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification#401 Include the circulation plan and dimensions of all access roads (FD) (98CL0113 12) r 5) All units built on flag lots (buildings that are further than 150 feet from the nearest street to the back of the building) shall have automatic sprinklers installed throughout 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 (Unit Nos 1, 12, 13, 20, 21, 28, 29, 33, 40, 41, 48, 50, 51, 110, 114, 115, 124, 125, 132, 133, 140, 141, 142 ) (FD) c Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department d All building spoils, such as unusable lumber, wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them e The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) f The project will comply with all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay distracts (FD) g The 660 square feet of windrow planting shall be provided in the transportation corridor, prior to final inspection of the first production unit 9 The use shall comply with the following a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked (FD) b Service roads and fire access lanes shall be maintained If fire lane violations occur and the services of the Fire Department are required,the applicant will be liable for expenses incurred (FD) 10 The sales office shall be discontinued within 30 days following the close of escrow of the last unit 11 The temporary sales trailer shall be removed upon completion of the model sales office 12 The sales office shall not be converted or expanded into a general business office for the contractor or developer 13 Temporary signs and flags shall be permitted as part of the model sales complex approval The signs and flags shall be immediately removed upon the close of escrow of the last unit The signs and flags shall comply with the maximum height and size provisions of the zoning code 14 The project shall comply with Conditions of Approval for Tentative Tract No 15531 (98CL0113 13) 15 The Community Development Director ensures that all conditions of approval herein are complied with The Community Development Director shall be notified in wnting if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission'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 INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 Conditional Use Permit No 97-65 and Variance No 97-22 shall not become effective until the ten day appeal period has elapsed 2 Conditional Use Permit No 97-65 and Variance No 97-22 shall become null and void unless exercised within one year 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 Department of Community Development a minimum 30 days prior to the expiration date 3 The Planning Commission reserves the right to revoke Conditional Use Permit No 97-65 and Vanance No 97-22, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs 4 All applicable Public Works fees shall be paid 5 All new and existing utilities shall be installed underground (PW) 6 Traffic Impact Fees shall be paid, or accrued credits assigned, at the time of final inspection or issuance (PV) 7 A construction permit shall be required for all work within the City right-of-way (PV) 8 State-mandated school impact fees, or such fees as have been agreed to by the applicant and the school districts, 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 Construction shall be limited to Monday - Saturday 7 00 AM to 8 00 PM Construction shall be prohibited Sundays and Federal holidays (98CL0113 14) • 0 11 The applicant shall submit a check in the amount of$38 00 for the posting of the Notice of Exemption 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 Community Development within two (2) days of the Planning Commission's action (98CL0113 15) i FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 15531/ CONDITIONAL USE PERMIT NO 97-65/ VARIANCE NO 97-22 FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO 15531 1 Tentative Tract Map No 15531 for subdivision of 13 gross acres for the purpose of a one lot subdivision for condominium purposes (146 detached residential units) is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, or any applicable specific plan, or other applicable provisions of this Code Condominiums are a permitted use 2 The site is physically suitable for the type and density of development at 11 units per acre The site was previously studied for a greater intensity of land use (15 units per acre) at the time the General Plan land use designation and the Holly Seacliff Specific Plan zoning were adopted for the property The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the 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 site was previously evaluated in Environmental Impact Report No 89-1 and will comply with appropriate mitigation measures There are no environmental impediments to the project 4 The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided The subdivision will provide all necessary easements and will not affect any existing easements FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-59 1 Conditional Use Permit No 97-65 for the establishment, maintenance and operation of the 146 unit condominium project(2 and 3 story, detached residential units) and the model home sales complex will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood The proposed grading, site layout and design of the project properly adapts the proposed structures to street driveways, and other adjacent structures and uses in a harmonious manner Due to site characteristics, such as landscape areas and unit orientation there is adequate setback from sidewalks and streets Adequate parking and directional signage shall be provided for the model home use (98CL0113 3) I • i 2 The conditional use permit will be compatible with surrounding uses most of which are residential The project will be directly adjacent to one future residential property It is bounded on all other sides by established streets and the Transportation Corridor Compliance with the nutigation measures of Environmental Impact Report No 89-1 and code provisions ensure that the project will be compatible with other area developments The model home complex will be compatible with the area as it is similar in nature to the residential uses in the area 3 The proposed 146 unit condominium project(2 and 3 story, detached residential units) will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located The proposed residential units meet all code provisions, including setbacks, density, open space and parking, with the exception of the variance request for reduced side separation between buildings The project will also contribute to the affordable housing requirements of the Holly Seacliff Specific Plan The model home complex will comply with all code provisions 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 Residential Medium High Density on the subject property In addition, it is consistent with the following goals and policies of the General Plan LU 9 1 3 Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below a Design building elevations treatment to convey the visual character of individual units rather than a singlular building mass and volumes c Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas d Site and design parking areas and facilities that are integrated with but do not dominate the architectural character of the structure e Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood L U 9 1 4 Require that recreational and open space amenities be incorporated in new multi- family developments Housing Encourage the provision and continued availability of a range of housing types throughout the community (98CL01134) i FINDINGS FOR APPROVAL -VARIANCE NO 97-22 1 The granting of Variance No 97-22 for a minimum nine foot side separation between buildings on the same lot in lieu of 15 feet between two story buildings and 20 feet between three story buildings will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification 2 Because of special circumstances applicable to the subject property, including shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification The subject property is oddly configured having six sides, with the northern portion of the property being relatively narrow This constrains placement of units given requirements for turnaround areas, street widths, etc The property is also bound on all but one side by rights-of-way and the Transportation Corridor and is considered a through-lot Required rear setbacks for through lots and exterior side setbacks are 10 feet greater than that required for interior properties and non-through lots Setbacks from the Transportation Corridor are five feet greater than that required for interior properties 3 The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights Reduced building separation enables the site to be developed with detached homes at a moderate income price Thus residents will have an affordable living opportunity and be able to enjoy private yards 4 The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification The project design is comparable to small lot single family projects in terms of side building separation providing adequate light and ventilation between units The project exceeds minimum private and common open space requirements providing informal and formal recreation areas for the residents 5 The granting of the variance will not adversely affect the General Plan It is consistent with the Land Use Element designation of Medium Density Residential on the subject property because it offers a creative design solution that provides moderate cost housing consistent with the City's goals for affordable housing and attractive project design (98CL0113 5) i CONDITIONS OF APPROVAL -TENTATIVE TRACT MAP NO 15531 1 The tentative map received and dated December 2, 1997 shall be the approved layout 2 Prior to submittal of the final map for approval by the City Council, the following shall be required a At least 60 days before City Council action on the final map CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney The CC&Rs shall reflect the common property and maintenance of all walls and common landscape area by the Homeowners' Association The CC&R's shall indicate that the Homeowners Association shall have the right to maintain building walls, private fences and open space if they are not adequately maintained by their respective owners The CC&Rs shall also include notice on possible future uses of the Transportation Corridor The CC&Rs must be in recordable form prior to recordation of the map The CC&Rs shall include language that indicates the design of this development intentionally omitted the installation of security gates and associated turnaround areas and space to provide these facilities in the future The language shall also indicate that any application for the installation of security devices for the site submitted to the City of Huntington Beach shall include evidence that the Homeowners Association will provide the necessary property for construction of the required facilities and street improvements, and bear the cost for the same (PW) 3 The following conditions shall be completed prior to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (PW) a The following shall be dedicated to the City of Huntington Beach 1 An easement over the private streets for Police, Fire and Public Works Department access purposes 2 The water system and appurtenances as shown on the improvement plans for this tract 3 Access rights in, over across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system b All vehicular access rights to Garfield Avenue, Seagate Drive and Promenade Parkway shall be released and relinquished to the City of Huntington Beach except at locations of street intersections c A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval (98CL0113 6) r d A sewer study for the entire site shall be submitted for Public Works approval e The sewer system within the private streets shall be owned and maintained by the Homeowners Association f The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each structure This plan shall be approved by the Public Works Water Division prior to any construction g The developer shall be required to extend the waterline in Seagate Drive from the point of connection with the waterline in Promenade Parkway to the western boundary of the project h All dwelling units shall require separate domestic water meters and services All three story structures shall require a RPP backflow prevention device The domestic meters and services shall be sized per the Uniform Building Code Building Department and Fire Department Standards 1 The developer(and any subsequent homeowners association) shall enter into a Special Utility Easement Agreement with the City, which shall address repairs to any enhanced pavement, wall, fencing, etc by other than City forces, if the City water mains require repair or maintenance J Hydrology and hydraulic studies for the entire site shall be submitted for Public Works review and approval The developer shall design and construct the drainage system required to serve the development On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method k The storm dram system within the private streets shall be owned and maintained by the Homeowners Association 1 All on-site catch basins shall be grate type in order to prevent paper and debris from entering the storm drain system (NPDES) in The developer shall install storm drain clarifiers or fossil filters at each catch basin to the satisfaction of the Department of Public Works (NPDES) n All private sidewalk widths shall meet ADA requirements o The developer shall install street lighting per Public Works Standard Plan No 411 on Seagate Drive p The developer shall install STOP signs on E" Street at Seagate Drive, and on Seagate Drive at Promenade Parkway (98CL0113 7) q All exterior landscaping improvements shall be installed and inspected r The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 s The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual Subarticle 18 4 Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer (PW) 5 The tentative map shall be an affordable housing development pursuant to the affordable housing requirements of the Holly Seacliff Specific Plan 6 A reproducible mylar copy and a print of the recorded final map, along with a digital graphics file of the recorded map shall be submitted to the Department of Public Works (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO 15531 1 All applicable Public Works fees shall be paid pnor to map recordation (PW) 2 The final map shall not be approved by the City Engineer until all securities have been posted with the Department of Public Works (PW) 3 Park and Recreation Fees shall be paid, or accrued credits assigned, prior to acceptance of the final map by City Council 4 Tentative Map No 15531, Conditional Use Permit No 97-65 and Vanance No 97-22 shall become null and void unless exercised within two (2) years of the date of final approval An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date 5 The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption 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 Community Development within two (2) days of the Planning Commission s action (98CL0113 8) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-65 1 The site plan and model site plan received and dated December 2, 1997 and floor plans and elevations received and dated January 8, 1998 shall be the conceptually approved layout with the following modifications a The third story floor plans shall comply with Uniform Building Code requirements including exiting pursuant to 94 UBC Section 1003 1 b Garage doors shall be of the automatic roll-up variety c Additional architectural treatment shall be provided on side elevations visible from the street subject to review and approval of the Community Development Department d Materials and colors shall be provided on the elevations e The model site plan shall be revised to show the van accessible handicapped space in the location of parking stall nos 1 and 2 f Parking lot striping detail shall comply with the Huntington Beach Ordinance Code and Title 24 California Administrative Code (Code Requirement) g Depict all utility apparatus such as but not limited to 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 Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view (Code Requirement) h All exterior mechanical equipment shall be screened from view on all sides Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers Said screening shall be architecturally compatible with the building in terms of materials and colors If screening is not designed specifically into the building a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s) (Code Requirement) i Depict all gas meters, water meters electrical panels, air conditioning units, mailbox facilities and similar items on the site plan or grading plan and elevations If located on a building they shall be architecturally designed into the building to appear as part of the building They shall be architecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks (98CL0113 9) J If outdoor lighting is included, energy saving lamps shall be used All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations 2 Prior to submittal for building permits for model homes or production units, the following shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural structural, electrical mechanical and plumbing) b Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No 429 (FD) c Submit three (3) copies of the site plan and the processing fee to the Planning Division for addressing purposes after street name approval by the Fire Department d All Fire Department requirements shall be noted on the building plans (FD) e Residential type structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property Evidence of compliance shall consist of submittal of an acoustical analysis 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) f A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, foundations, retaining walls streets utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) g Floor plans shall depict natural gas stubbed in at the locations of cooking facilities, water heaters and central heating units 3 Prior to issuance of grading permits the following shall be completed a A grading plan prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval b Blockwall/fencing plans shall be submitted to and approved by the Department of Community Development Double walls shall be prohibited The plans shall include section drawings a site plan and elevations The plans shall identify materials, seep holes and drainage (98CL0113 10) I • • 4 Prior to issuance of building permits for model homes or production units, the following 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 Department of Community Development b The Final Map No 15531 shall be accepted by the City Council, recorded with the Orange County Recorder and a recorded copy filed with-the Department of Community Development (Code Requirement) c In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer and submitted to Public Works Grates shall be used in lieu of side opening catch basins to collect debris (PW) d A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development 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 plant materials to remain, existing plant materials to be removed and proposed plant materials, an irrigation plan a grading plan an approved site plan and a copy of the entitlement conditions of approval (PVC (Code Requirement) e A grading permit shall be issued by the Department of Public Works f A $5,000 cash bond shall be posted with the City for the model home complex to guarantee compliance with conditions of approval g The temporary sales trailer shall be State Certified and be provided with handicapped access Evidence of such shall be provided to the Community Development Department 5 Prior to construction of the model homes the following shall be completed (FD) a Provide one fire hydrant within 150 feet of the model buildings b Provide an all weather surface fire road to the model buildings 6 Prior to combustible construction of the production homes, the following shall be completed (FD) a Ten (10) fire hydrants shall be installed in locations approved by the Fire Department Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation b All roadways shall be completed to the base course of asphalt (98CL0113 11) 7 During construction, the applicant shall a Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site b Wet down areas in the late morning and after work 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 avoid high ozone days (first stage smog alerts), e Discontinue construction during second stage smog alerts 8 Prior to final building pe=t inspection and approval of the first residential unit, the following shall be completed a The developer shall submit an affordable housing covenant for the entire project designating the project as affordable for 30 years per the Affordable Housing Plan for Holly Seacliff The covenants shall be approved by the City Council and recorded with the County of Orange All sales prices and buyers shall be pre-approved by the Community Development Department b All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including 1) Two vehicle access points will be required as shown on the site plan Emergency Access gates will be designed to comply with City Specification No 403 The Emergency Access gate shall be electrically controlled and equipped with an Opticom strobe opener for emergency vehicle entry (FD) 2) Fire lanes will be designated and posted to comply with City Specification No 415 (FD) 3) Address numbers will be installed to comply with City Specification No 428 Individual units will be sized a minimum of four(4) inches with a brush stroke of one-half(1/2) inch (FD) 4) Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification#401 Include the circulation plan and dimensions of all access roads (FD) (98CL0113 12) 0 • 5) All units built on flag lots (buildings that are further than 150 feet from the nearest street to the back of the building) shall have automatic sprinklers installed throughout 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 (Unit Nos 1, 12, 13, 20, 21, 28, 29, 33, 40, 41, 48, 50 51, 110, 114, 115, 124, 125, 132, 133, 140, 141, 142 ) (FD) c Compliance with all conditions of approval specified herein shall be accomplished and venfied by the Community Development Department d All building spoils such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them e The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) f The project will comply with 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 The 660 square feet of windrow planting shall be provided in the transportation corridor prior to final inspection of the first production unit 9 The use shall comply with the following a Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked (FD) b Service roads and fire access lanes shall be maintained If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred (FD) 10 The sales office shall be discontinued within 30 days following the close of escrow of the last unit 11 The temporary sales trailer shall be removed upon completion of the model sales office 12 The sales office shall not be converted or expanded into a general business office for the contractor or developer 13 Temporary signs and flags shall be permitted as part of the model sales complex approval The signs and flags shall be immediately removed upon the close of escrow of the last unit The signs and flags shall comply with the maximum height and size provisions of the zoning code 14 The project shall comply with Conditions of Approval for Tentative Tract No 15531 (98CL0113 13) i • 15 The Community Development Director ensures that all conditions of approval herein are complied with The Community Development Director shall be notified in writing if any changes to the site plan elevations and floor plans are proposed as a result of the plan check process Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission'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 INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 Conditional Use Permit No 97-65 and Variance No 97-22 shall not become effective until the ten day appeal period has elapsed 2 Conditional Use Permit No 97-65 and Variance No 97-22 shall become null and void unless exercised within one year 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 Department of Community Development a minimum 30 days prior to the expiration date 3 The Planning Commission reserves the right to revoke Conditional Use Permit No 97-65 and Variance No 97-22 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs 4 All applicable Public Works fees shall be paid 5 All new and existing utilities shall be installed underground (PW) 6 Traffic Impact Fees shall be paid or accrued credits assigned, at the time of final inspection or issuance (PW) 7 A construction permit shall be required for all work within the City right-of-way (PW) 8 State-mandated school impact fees or such fees as have been agreed to by the applicant and the school districts, 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 Construction shall be limited to Monday - Saturday 7 00 AM to 8 00 PM Construction shall be prohibited Sundays and Federal holidays (98CL0113 14) 11 The applicant shall submit a check In the amount of$38 00 for the posting of the Notice of Exemption 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 Community Development within two (2) days of the Planning Commission's action (98CLO113 15) Council/Agency Meeting Held al.,-7/9X Deferred/Continued to ❑Approved ❑ Conditio ally Approved ❑ De ied City Cle(k s Signature ,61�,,,.d,,, L��v. - _ YL) - Council Meeting Date February 17 1998 Department ID Number CD 98-6 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION IF 2 SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER Acting City Administratora7sy P �� PREPARED BY MELANIE S FALLON Community Development Director w� SUBJECT APPEAL OF TENTATIVE TRACT NO 15531/CONDITION& llSSE PERMIT NO 97-65/VARIANCE NO 97-22 (CAPE ANN) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Transmitted for your consideration is an appeal by Councilmember Tom Harman of the Planning Commissions approval of the Cape Ann residential project John Laing Homes the applicant received approval of Tentative Tract No 15531 Conditional Use Permit No 97-65 and Variance No 97-22 at the January 13 1998 Planning Commission meeting The project consists of a one lot subdivision of 13 acres and construction of 146 detached condominium units and would be located at the southeast corner of Promenade Parkway and Seagate Drive The appeal asserts that the project is extreme high density, lacks adequate light, air and open space has inadequate setbacks between buildings is a single family project built to condominium standards and that the project should be postponed until standards for this type of project are approved Funding Source Not applicable Recommended Action PLANNING COMMISSION AND STAFF RECOMMENDATION T max. Y1 2a- Motion to 1 Uphold the Planning Commissions action and approve Tentative Tract No 15531 Conditional Use Permit No 97-65 and Variance No 97-22 with findings and conditions of approval (ATTACHMENT NO 1) a "1 v I 1EQUEST FOR COUNCIL JPON MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-6 Planning Commisslon Action on January 13, 1998 THE MOTION MADE BY TILLOTSON SECONDED BY INGLEE TO APPROVE TENTATIVE TRACT NO 15531 CONDITIONAL USE PERMIT NO 97-65 AND VARIANCE NO 97-22 WITH FINDINGS AND CONDITIONS FOR APPROVAL (ATTACHMENT NO 1) CARRIED BY THE FOLLOWING VOTE AYES INGLEE LIVENGOOD TILLOTSON SPEAKER NOES BIDDLE CHAPMAN KERINS ABSENT NONE ABSTAIN NONE MOTION PASSED Alternative Action(s) The City Council may make the following alternative motion 1 Deny Tentative Tract No 15531/Conditional Use Permit No 97-65/Vanance No 97-22 with findings for denial 2 Continue Tentative Tract No 15531/Conditional Use Permit No 97-65/Vanance No 97-22 Analysis A PROJECT PROPOSAL Applicant John Laing Homes, 19600 Fairchild Ste 150 Irvine CA 92612 Location Southeast corner of Promenade Parkway and Seagate Drive (north of Garfield, between Gothard and Main) Tentative Tract Map No 15531 is a request for a one lot subdivision for condominium purposes pursuant to the Holly Seacliff Specific Plan (HSSP) and Article 989 of the Huntington Beach Ordinance Code (HBOC) Five lettered lots would also be created for landscape purposes for the project One additional numbered lot will be created that will be used for future park purposes separate from the residential project (Attachment No 5) Access will be taken from Seagate Drive with emergency access only on Garfield Avenue The project will not be gated however most infrastructure including streets and perimeter landscaping will be privately maintained CD98 6 DOC 2 02/04/98 7 56 AM 1EQUEST FOR COUNCIL ACION MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-6 Conditional Use Permit No 97-65 is a request to A Construct 146 detached condominium units pursuant to the HSSP Medium Density Residential standards (RM) The units will typically front on a common open space area called a paseo with garage access provided off of an alley In most cases the units are clustered around the paseos in groups of six or eight The applicants project includes three floor plans which range in size from 1 340 to 1 696 square feet Plans 1 and 2 are three stories high Plan 3 is two stories Each unit would have a two car garage (See Attachment No 4 for overall site plan and Attachment No 7 for larger scale view of a paseo cluster ) This project will be used to meet part of the affordable housing obligations for Holly Seacliff with all 146 units being available to moderate income households (120 percent of the County median) B Construct a model home sales complex pursuant to Section 9730 32 of the HBOC Three model homes and a sales office would be constructed A temporary sales trailer would be used until the models and office are complete Variance No 97-22 is a request for a minimum nine feet interior side building separation in lieu of 15 feet between two story buildings and 20 feet between three story buildings pursuant to Section III D 4 g 1 of the HSSP The applicant believes the variance request is necessary to achieve flexibility in project design such that detached units can be provided at sufficient density to support the affordable nature of the project Appeal On January 13 1998 the Planning Commission approved Tentative Tract No 15531 Conditional Use Permit No 97-65 and Variance No 97-22 as proposed by the applicant An appeal was filed by Councilmember Tom Harman on January 21 1998 (Attachment No 2) The appeal notes five concerns 1) the project is a single family project built to condominium standards 2) extreme high density 3) lack of adequate light air and open space, 4) inadequate setbacks between buildings and 5) project should be postponed until standards for this type of product are adopted by the City Council CD98 6 DOC 3 02/04/98 7 56 AM '9EQUEST FOR COUNCIL ACTION MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-6 B STAFF ANALYSIS AND RECOMMENDATION The project proposal is fully analyzed in the attached Planning Commission Staff Report dated January 13 1998 (Attachment No 3) The analysis in response to the appeal of the project is provided below and is organized by Councilmember Harman s five concerns 1 The project is a single family project built to condominium standards The project is a condominium built to the Medium Density standards of the Holly Seacliff Specific Plan It represents a hybrid of detached and attached design concepts It is similar to an attached product type in its density and courtyard (paseo) orientation Its single family characteristics are the detached units and two car garages Staff believes that this project allows for greater privacy than would be realized in an attached project and offers a workable design for moderate priced housing 2 Extreme high density The subject site is designated for medium density residential development with a maximum density of 15 units per gross acre (195 units) The proposed project is less than this at 11 units per gross acre (146 units) 3 Lack of adequate light, air and open space Light and Alr The typical medium density project is an attached apartment or condominium project Units in these projects share side and often rear walls and as such only have light and ventilation (air) from the front and maybe rear of the home Because the proposed project is detached, its units would have light and ventilation from all four sides Some of this light and ventilation will come from side exposures The units have a nine or 10 foot side to side separation which exceeds the separation between units in the downtown area (typically six feet) and in the case of the 10 foot separation is equivalent to standard single family lots which only require 10 feet (two five foot side yards) Staff believes that these conditions allow for adequate light and ventilation Open Space Staff believes that the applicant provides adequate useable open space for project residents Private open space is provided in side yard areas which will be enclosed by a fence and in balconies covered porches and in front yard areas enclosed with a 36 inch high picket fence Common open space is provided in the paseos in a recreation area with a pool and in smaller areas throughout the project As shown in the table below the project exceeds the open space requirements of the HSSP CD98 6 DOC -4 02/04/98 7 56 AM 'REQUEST FOR COUNCIL ACRON MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-6 Type of Open Space Minimum Space Minimum Space Open Standard Required (Sq Ft) Provided Space Private 75 sq ft/unit 378-502 sq ft /unit Consisting of Balcony 61-92 sq ft/unit Front Porch/Yard 82-218 sq ft/unit Side Yard 235 sq ft /unit Subtotal 10 950 64 900 sq ft Common 300 sq ft/2-bdrm 15 600 Recreation area 13 100 sq ft 350 sq ft/3&4-bdrm 32,900 Paseo area 76 100 Adj to Trans Corridor 8,700 Subtotal 48 500 1 97 900 Total na 59 450 1 162 800 sq ft The project will also benefit from its proximity to the Transportation Corridor which will be designed for recreational use with passive open areas and a walking trail/bike path per the HSSP In addition the HSSP calls for a four acre park north of Seagate Drive within walking distance from the proposed project Staff believes that these amenities and the open space provided in the project itself provide a full spectrum of recreational opportunities The Planning Commission Staff Report (Attachment No 3) provides additional open space analysis It evaluates the proposed project using three other sets of development standards Although these standards are not applicable to the subject project the analysis was completed at the request of one of the Planning Commissioners At the Planning Commission meeting staff also distributed a table comparing open space in the proposed project with that of recently approved projects that have similar characteristics (Attachment No 6) The Cape Ann project compares favorably with these projects 4 Inadequate setbacks between buildings Separation between the front of buildings (excluding patio or balcony area) ranges from approximately 22 to 30 feet in the paseo clusters Of the 146 units in the project 96 are in a cluster setting while the remaining 50 units face a street or a greenbelt Staff believes that sufficient separation is provided while creating informal open areas for residents Additionally most of the living area for Plans 1 and 2 is contained on the second and third floors Thus although most of the units are in a cluster setting greater privacy is achieved by separating the living area from the first floor (ground level) CD98 6 DOC 5 02/04/98 7 56 AM 'OEQUEST FOR COUNCIL AC10N MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-6 Separation between the sides of units is nine or 10 feet This area will serve as private side yard for the units as was itemized in the open space table above The applicant received approval of a variance for this separation in lieu of the HSSP requirement of a minimum 15 foot separation between two story buildings on the same lot and 20 feet between three story buildings The expectation of the code was that multi-family projects in the medium density district would be designed such that several units would be attached The 15 and 20 foot side separations were required to minimize the massing that such large buildings would create Staff does not believe the required separations are necessary for this particular project given its design characteristics With the separation shown the project has the look of a small lot single family subdivision with minimal massing and opportunity for adequate ventilation and light and the proposed separation is comparable to or exceeds the side separation between single family homes throughout the city as noted above The Planning Commission Staff Report (Attachment No 3) more fully describes staffs reasons for supporting the applicants variance request 5 Project should be postponed until such standards for this type of product are adopted by the City Council The HSSP allows for attached or detached units on the project site It provides development standards for this development but does not distinguish between an attached or detached product type Staff does not recommend postponing this project We believe that development standards are in place and that the applicant has designed an attractive option to an attached project - the likely alternative to what has been proposed Moreover the project site is subject to the Holly Seacliff Development Agreement which precludes the City from unilaterally changing the development standards In other words changes to the standards must be mutually acceptable to both the City and the Developer C PLANNING COMMISSION MEETING SUMMARY AND RECOMMENDATION During the January 13 1998 Planning Commission meeting seven individuals including the applicant and a PLC representative spoke in support of the project The three Planning Commissioners who voted against the project identified the following issues a) what the project would be like 30 years from now b) that there was an inadequate amount of useable open space c) that it was a blend of single family and condominium design and d) that the City did not have standards for this type of project The four Planning Commissioners who voted in favor of the project noted that the project was innovative and responsive to the demands of the market and that it would satisfy part of the affordable housing requirement for Holly Seacliff The Planning Commission approved the project with a 4-3 vote adding condition language which clarified that the homeowners association would be able to maintain the exterior of the homes if the owners failed to do so and other minor changes to the conditions of approval CD98 6 DOC 6 02/04/98 7 56 AM tQUEST FOR COUNCIL ACOON MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-6 D SUMMARY The proposed project will create a one lot subdivision and construct 146 detached condominiums in a medium density area The project was approved by the Planning Commission and is supported by staff because • It meets all code requirements of the Holly Seacliff Specific Plan including open space parking and building height with the exception of the requested variance • The project open space is augmented by the 1 1 acres of open space in the Transportation Corridor and the 4 0 acre park that will be developed across the street • The requested variance does not compromise the viability of the project nor result in detrimental impacts to project residents or the surrounding area • It provides moderate priced housing pursuant to the requirements of the Holly Seacliff Specific Plan • It is consistent with the City s General Plan and is below the allowed density for the site Staff recommends that the City Council deny the appeal and uphold the Planning Commissions approval of Tentative Tract No 15531 Conditional Use Permit No 97-65 and Variance No 97-22 Environmental Status The proposed project is covered by Final Environmental Impact Report No 89-1 which was certified by the City Council on January 8 1990 Pursuant to Section 15182 of the California Environmental Quality Act where a public agency has prepared an environmental impact report for a specific plan after January 1 1980 no environmental impact report or negative declaration need be prepared for a residential project undertaken pursuant to and conformance to the specific plan In addition Section 2 5 1 of Development Agreement No 90-1 for the Holly Seacliff area states City agrees that no subsequent or supplemental environmental impact report shall be required for any development approval unless the anticipated environmental impacts to any proposed project exceeds the level of impact indicated in Final Environmental Impact Report No 89-1 The proposed residential project is subject to compliance with the adopted mitigation measures contained in Final Environmental Impact Report No 89-1 Staff has reviewed the proposed residential project for compliance and has determined the project is consistent with the provisions of the Holly Seacliff Specific Plan and the adopted mitigation measures contained in Final Environmental Impact Report No 89-1 (See Attachment No 11 of the Planning Commission Staff Report for the Mitigation Measures Matrix ) A finding that the `CD98 6 DOC 7 02/04/98 7 56 AM 4kEQUEST FOR COUNCIL ACRON MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-6 project complies with the adopted mitigation measures has been included in the conditional use permit Findings for Approval The project will also mitigate any potential school impacts through the payment of school fees per agreements in place between the school districts and the property owner Attachment(s) City derk's Page Number 1 Findings and Conditions of Approval for TT 15531/CUP No 97-65/ VAR No 97-22 (Planning Commission and Staff Recommendation) 2 Letter of Appeal from Councilmember Tom Harman dated January 21 1998 3 Planning Commission Staff Report dated January 13 1998 4 Site Plan dated December 2 1997 and Floor Plans and Elevations dated January 8 1998 5 Tentative Tract Map No 15531 dated December 2 1997 6 Open Space Comparison Table 7 Cluster Plan 8 Letters in Support/Opposition CD98 6 DOC 8 02/04/98 7 56 AM AN \ ATTACHMENT 2 1 • J. ' HECEIVEO CITY OF HUNTINGTON BEAD clrr CLERK t 7- �c NUNTlNGTON BEACH CITY COUNCIL MEMO �++err ^ire' "F Jaa ZI 3 ss y� To Connie Brockway City Clerk From Tom Harman City Council Memberl� Date January 21 1998 Subject Appeal of Planning Commission Decision - PC Hearing Date 1113198- Project "Cape Ann" Residential Project- Project Description TTMNo 15531/CUP No 97-2 1 wish to appeal the decision of the Planning Commission concerning the above matter Please place this appeal on the City Council Agenda for the meeting of February 17 1998 This appeal is based on the following concerns of mine 1 The project is a single family residence project built to condominium standards 2 Extreme high density 3 Lack of adequate light air and open space 4 Inadequate set backs between buildings 5 The city has not adopted standards for this type of project The project should be postponed until such standards are approved and adopted by the City Council TH Ip xc Mayor and City Council Members Ray Silver Acting City Administrator Melanie Fallon Director of Community Development 9 ! + ^ � ! � < ® s , >» « ^ \ , ® \ � ® ` ® ! 4,01 % » 4 , 4! \ y. �a ! � ^ � ) \ \\» � � ; « + « ! * , # y\Z 4 9# Huntington Beach Department of Community Development T,FP REPORT TO Planning Commission FROM Howard Zelefsky Planning Director BY Mary Beth Broeren, Senior Planner DATE January 13, 1998 SUBJECT TENTATIVE TRACT NO 15531/CONDITIONAL USE PERMIT NO 97- 65/VARIANCE NO 97-22 (Continued From December 9, 1997 With Public Hearing Open) (Cape Ann Residential Project) LOCATION Southeast Corner of Promenade Parkway and Seagate Drive STATEMENT OF ISSUE Tentative Tract No 15531 Conditional Use Permit No 97-65 and Variance No 97-22 represent a request by John Laing Homes to subdivide approximately 13 gross acres for the construction of 146 detached condominium units on one lot The request includes a model home sales complex A variance is requested for minimum nine foot side building separation in lieu of 15 feet between two story buildings and 20 feet between three story buildings The request was continued from the December 9, 1997 Planning Commission meeting to further analyze certain aspects of the project Staff recommends approval of the project for the following reasons • The project is consistent with the goals and objectives of the General Plan, incorporating creative design that results in an attractive residential project • The project s design is compatible with surrounding land uses and the site is physically suitable for the proposed density of 11 units per gross acre • The project meets the residential standards of the Holly Seacliff Specific Plan including compliance with the Windrow Replacement Plan • The project will comply with the mitigation measures of Environmental Impact Report No 89-1 • The project will not be detrimental to the general health, welfare and safety nor detrimental to the value of property in the neighborhood or the City in general The project will be provided with necessary infrastructure In addition adequate parking will be provided for project residents • The variance request will not be detrimental to surrounding properties or the public welfare The design meets open space requirements and offers a creative solution for providing affordable detached homes • The project will provide 146 units of affordable housing which is consistent with the requirements of the Holly Seacliff Specific Plan and the City's goals of providing a range of housing types RECOMMENDATION Motion to Approve Tentative Tract No 15531 Conditional Use Permit No 97-65 and Variance No 97-22 with findings and suggested conditions of approval (Attachment No 1) ' ALTERNATIVE ACTION(Sl The Planning Commission may take alternative actions such as A Deny Tentative Tract No 15531, Conditional Use Permit No 97-65 and Variance No 97-22 with fmdings for denial B Continue Tentative Tract No 15531, Conditional Use Permit No 97-65 and Variance No 97-22 and direct staff accordingly GENERAL INFORMATION APPLICANT John Laing Homes, 19600 Fairchild, Suite 150, Irvine, CA 92612 PROPERTY OWNER PLC, 23 Corporate Plaza, Ste 250,Newport Beach, CA 92660 REQUEST To permit a one lot subdivision for construction of 146 detached condominium units The conditional use permit includes a model home sales complex A variance is requested for minimum nine feet interior side building separation in lieu of 15 feet between two story buildings and 20 feet between three story buildings ANALYSIS The project proposal is fully described in the attached Staff Report dated December 9, 1997 (Attachment No 2) In their discussion at the December 9, 1997 Study Session, several Planning Commission members identified aspects of the project that they wanted clarified Concern was also expressed about open space and project design and the need to provide this type of housing product as an affordable alternative to traditional attached condominiums Detailed below is additional and modified information to assist in evaluating the project based on the various comments received General Plan Conformance The attached Staff Report included several City General Plan goals, objectives and policies for single family projects on the premise that although the proposed project is a multi-family one, it also has several characteristics that are typical of a single family project This section has been revised below to only include multi-family goals, objectives and policies in keeping with the technical nature of the project LU 9 1 3 Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below a Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes Staff Report 1/13/98 2 (98SR01) • " • c Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas d Site and design parking areas and facilities that are integrated with but do not dominate the architectural character of the structure e Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood L U 9 1 4 Require that recreational and open space amenities be incorporated in new multi-family developments Housing Encourage the provision and continued availability of a range of housing types throughout the community Zoning Comphance Clarification was requested on building setbacks and height and parking The proposed project is a one- lot condominium, i e each dwelling unit does not have its own lot lines As such, the building setbacks are measured from the perimeter of the entire lot, and each dwelling unit does not necessarily have a front, side or rear setback The zoning compliance matrix in the original Staff Report(Page 5 of Attachment No 2) indicates where the setbacks are measured from For example, the front property line for the project extends along Seagate Drive at the back of the landscape easement and the required 15 foot front setback is measured from this line As indicated in that matrix, the project complies with all setback requirements with the exception of the requested variance for building separation The maximum building height allowed for this area is 40 feet Per the Holly Seacliff Specific Plan (HSSP), building height is measured from top of the subfloor/slab with a reference point of top of curb at the front property line The proposed buildings are 34 feet from the slab, but due to differences in grade at the project site, the buildings would measure up to approximately 38 feet when measured from top of curb The applicant has revised the architectural elevations to more accurately reflect the building height (Attachment No 3) The development standards matrix shown on the site plan indicates that the buildings would not exceed the code allowed 40 feet(rather than indicate that they will be 38 feet high) to allow for any minor modifications that may occur The project will meet all building height restrictions It was requested that the parking information in the zoning compliance matrix be presented more clearly The table below summarizes this data The project meets all parking requirements 'hype of Parking Minimum Spaces Total Spaces Parlung Standard Required Provided Resident 2 spaces (1 end )/2-bdrm 104 (52 encl ), 104 encl , 2 5 spaces (1 end )/3&4-bdrm 235 (188 encl ) 235 (188 end ) Guest 0 5 space/unit 73 73 Total na 412 (240 encl ) 412 (292 encl ) Staff Report 1/13/98 3 (98SR01) Project Design At the request of the Planning Commission, the applicant has prepared a 10' scale drawing of a typical cluster with units oriented to the paseo area (Attachment No 4) The purpose of the exhibit is to more clearly depict private versus common space in relation to the dwelling units and building separation The exhibit calls out private side yards, second floor balconies and ground floor porches and front yard (garden) areas The front yard areas would be enclosed with a 36 inch high picket fence Side yards for Unit Nos 17-20 are depicted with to-scale patio furniture, barbecues, etc Of related concern to the overall design of the project, is the amount, type and location of open space available to future residents The December 9th Staff Report discusses the types of open space provided, summarizes the square footage amounts in the zoning compliance matrix and provides an open space exhibit To further explain the project's open space, a detailed breakout of the space and accompanying discussion is provided below Type of Open Space Minimum Space Minimum Space Open Space Standard Requured(Sq Ft) Provided Private 75 sq ft/unit 378-502 sq ft/unit Consisting of Balcony 61-92 sq ft/unit Front Porch/Yard 82-218 sq ft/unit Side Yard 235 sq ft/unit Subtotal 10 950 64 900 sq ft Common 300 sq ft/2-bdrm 15,600 Recreation area 13,100 sq ft 350 sq ft/3&4-bdrm 32,900 Paseo area 76,100 AdJ to Trans Corridor 8,700 Subtotal 48 500 97 900 Total na 59,450 162,800 sq ft As shown, the project exceeds the open space requirements of the HSSP The question has been raised, however, about"useable" open space The current Huntington Beach Zoning and Subdivision Ordinance (ZSO) and the old Huntington Beach Ordinance Code (HBOC)required different amounts of open space and required certain mimmum dimensions in order for space to be counted as useable Although these standards are not applicable to the subject project, an analysis of the proposed project using these standards is summarized in the table below at the request of the Planning Commission The table shows the amount of open space required for each code and the amount of space provided in the project than meets each code s requirements Staff Report 1/13/98 4 (98SR01) 9 0 The analysis shows that using the ZSO the project falls short of meeting the private open space requirements by approximately 1,600 square feet but that it provides significantly more common open space than is required Under the old HBOC multi-family standards, the opposite is true, the project far exceeds the amount of private open space required but lacks the required common open space Using the old HBOC planned residential standards, the project is short 1,600 square feet of private space but is significantly below the required common space minimum due to minimum dimension requirements Comparison of Open Space Requirements (Square Feet) Private Space common Space Total Space Required Provided Required I Provided Required Provided HBOC- Multi-Family' 18,980 58,730 35,850 23,750 54,830 82,480 HBOC- Planned Res z 45,500 43 930 71,300 16,420 116 800 60,350 HSSP 10,950 64,900 48,500 97,900 59,450 162,800 ZSO 45,500 43 930 9,330 82,560 54,830 126,490 Requires 25 percent of residential floor area for total space with minimum amount of private open space and the remainder to be provided as common area Common areas must be located 10 ft from any wall with an opening to be counted Much of the projects common space can t be counted as such because of paseo design Certain private areas do not meet minimum dimensions(the Plan 1 patio and the Plan 3 balcony) 2Requires a total of 800 sq ft per unit with a minimum amount of private open space and a 10 000 sq ft recreation area Remainder of space may be private or common the latter requires a minimum 20 ft dimension and must be 10 ft from any wall with an opening Certain private areas do not meet minimum dimensions (side yard courts vvith a nine foot width, the Plan 1 patio and the Plan 3 balcony) Most common areas do meet minimum 20 ft dimension 3See table on page 4 for requirements 4Requires 25 percent of residential floor area for total open space with a minimum amount of private open space and at least one amenity(no minimum size) Certain private areas do not meet minimum dimensions(side yard courts with a nine foot width the Plan 1 patio and the Plan 3 balcony) Some common areas do meet minimum 10 ft dimension Overall, staff believes that the applicant provides adequate useable open space for project residents Space is configured differently in this project but still is sufficient The paseos are designed as informal areas where people may play, walk, have small gatherings etc and are more intimate common areas The main recreation area provides a more structured open space opportunity, containing a pool and related structures Finally the private side areas, balconies porches and front yard areas offer areas for gardening, play and other outdoor activities Project residents will also have the advantage of recreation opportunities in the Transportation Corridor and the future four acre park at Seagate and Promenade Staff Report 1/13/98 5 (98SR01) Previous Approvals for the Subject Site In 1993, a 156 unit project was approved for the subject site The project was an attached multi-family project with six units per building design (Attachment No 12 of the Staff Report dated December 9th) The project was never constructed Unit sizes were comparable to the proposed project, ranging from 1,130 to 1,640 square feet and two car garages were provided for each unit In terms of open space, the project was required to provide 49 700 square feet of common open space, it provided 54,200 square feet which included a 20 000 square feet recreation area Private open space consisted of approximately 268 square feet per unit (78 square foot balcony and 190 square foot patio), 75 square feet was required (Attachment No 5) The proposed project provides more private open space and more common open space than the previously approved project The common open space is also better distributed throughout the proposed project as each cluster has a common paseo area The applicant s project has fewer units than the previously approved project and provides an affordable alternative for detached homes SUMMARY Staff continues to support the applicant's request for the reasons outlined in the attached Staff Report In summary, staff believes that the proposal is consistent with the Holly Seacliff Specific Plan and the General Plan The proposed development will be compatible with existing and proposed development in the surrounding area and meets all code requirements with the exception of the minimum interior side building separation(Variance No 97-22) The project will also provide aesthetically pleasing architecture and will be an enhancement to the area Staff recommends approval of the project for the following reasons • The project is consistent with the goals and objectives of the General Plan incorporating creative design that results in an attractive residential project • The project's design is compatible with surrounding land uses and the site is physically suitable for the proposed density of 11 units per gross acre • The project meets the residential standards of the Holly Seacliff Specific Plan, including compliance with the Windrow Replacement Plan • The project will comply with the mitigation measures of Environmental Impact Report No 89-1 • The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of property in the neighborhood or the City in general The project will be provided with necessary infrastructure In addition, adequate parking will be provided for project residents • The variance request will not be detrimental to surrounding properties or the public welfare The design provides adequate open space, light and ventilation and offers a creative design solution to providing affordable detached homes • The project will provide 146 units of affordable housing which is consistent with the requirements of the Holly Seacliff Specific Plan and the City s goals of providing a range of housing types Staff Report 1/13/98 6 (98SR01) ATTACHMENTS 1 Findings and Suggested Conditions of Approval 2 Planning Commission Staff Report dated December 9, 1997 3 Revised Architectural Elevations dated January 8, 1998 4 Typical Cluster Plan 5 Open Space Plan of Previously Approved Project SH MBB kjh Staff Report 1/13/98 7 (98SR01) ATTACHMENT NO 1 FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 155311 CONDITIONAL USE PERMIT NO 97-65/VARIANCE NO 97-22 FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO 15531 1 Tentative Tract Map No 15531 for subdivision of 13 gross acres for the purpose of a one lot subdivision for condominium purposes is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property or any applicable specific plan, or other applicable provisions of this Code Condominiums are a permitted use 2 The site is physically suitable for the type and density of development at 11 units per acre The site was previously studied for a greater intensity of land use (15 units per acre) at the time the General Plan land use designation and the Holly Seacliff Specific Plan zoning were adopted for the property The size depth, frontage, street width and other design features of the proposed subdivision are in compliance with the 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 site was previously evaluated in Environmental Impact Report No 89-1 and will comply with appropriate mitigation measures There are no environmental impediments to the project 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 witlun the proposed 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 97-59 1 Conditional Use Permit No 97-65 for the establishment, maintenance and operation of the 146 unit condominium project and the model home sales complex will not be detnmental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood The proposed grading, site layout and design of the project properly adapts the proposed structures to street, driveways, and other adjacent structures and uses in a harmonious manner Due to site characteristics, such as landscape areas and urut orientation there is adequate setback from sidewalks and streets Adequate parking and directional signage shall be provided for the model home use Attachment 1/13/98 (98SR01 8) • w 2 The conditional use permit will be compatible with surrounding uses most of which are residential The project will be directly adjacent to one future residential property It is bounded on all other sides by established streets and the Transportation Corridor Compliance with the mitigation measures of Environmental Impact Report No 89-1 and code provisions ensure that the project will be compatible with other area developments The model home complex will be compatible with the area as it is similar in nature to the residential uses in the area 3 The proposed 146 unit condominium project will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located The proposed residential units meet all code provisions, including setbacks, density open space and parking with the exception of the variance request for reduced side separation between buildings The project will also contribute to the affordable housing requirements of the Holly Seacliff Specific Plan The model home complex will comply with all code provisions 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 Residential Medium High Density on the subject property In addition, it is consistent with the following goals and policies of the General Plan LU 9 1 3 Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below a Design building elevations treatment to convey the visual character of individual units rather than a singlular building mass and volumes c Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards and/or common areas d Site and design parking areas and facilities that are integrated with but do not dominate the architectural character of the structure e Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood LU 9 1 4 Require that recreational and open space amenities be incorporated in new multi-family developments Housing Encourage the provision and continued availability of a range of housing types throughout the community Attachment 1/13/98 (98SR019) i 0 FINDINGS FOR VARIANCE NO 97-22 1 The granting of Variance No 97-22 for a minimum nine foot side separation between buildings on the same lot in lieu of 15 feet between two story buildings and 20 feet between three story buildings will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification The project is designed similar to a small lot single family project which would typically have between six and 10 feet of separation between buildings and is consistent with those standards Within the Holly Seacliff Specific Plan no attached projects have been completed in the Medium Density Residential (RM) areas One detached single family project has been approved and the proposed project is consistent with that project in side separation 2 Because of special circumstances applicable to the subject property, including shape, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification The subject property is oddly configured having six sides, with the northern portion of the property being relatively narrow This constrains placement of units given requirements for turnaround areas, street widths, etc The property is also bound on all but one side by rights-of-way and the Transportation Corridor and is considered a through-lot Required rear setbacks for through lots and exterior side setbacks are 10 feet greater than that required for interior properties and non-through lots Setbacks from the Transportation Corridor are five feet greater than that required for interior properties 3 The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights Reduced building separation enables the site to be developed with detached homes at a moderate income price Thus residents will have an affordable living opportunity and be able to enjoy private yards 4 The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification The project design is comparable to small lot single family projects in terms of side building separation providing adequate light and ventilation between units The project exceeds minimum private and common open space requirements providing informal and formal recreation areas for the residents 5 The granting of the variance will not adversely affect the General Plan It is consistent with the Land Use Element designation of Medium Density Residential on the subject property because it offers a creative design solution that provides moderate cost housing consistent with the City s goals for affordable housing and attractive project design Attachment 1/13/98 (98SR01 10) SUGGESTED CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO 15531 1 The tentative map received and dated December 2, 1997 shall be the approved layout 2 Prior to submittal of the final map for approval by the City Council, the following shall be required a At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney The CC&Rs shall reflect the common property and maintenance of all walls and common landscape area by the Homeowners' Association The CC&Rs shall also include notice on possible future uses of the Transportation Corridor The CC&Rs must be in recordable form prior to recordation of the map The CC&Rs shall include language that indicates the design of this development intentionally omitted the installation of security gates, required turnaround areas, and the necessary open space to provide these facilities in the future The language shall also indicate that any application for the installation of security devices for the site submitted to the City of Huntington Beach shall include evidence that the Homeowners Association will provide the necessary property for construction of the required facilities and street improvements, and bear the cost for the same (PW) 3 The following conditions shall be completed prior to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (PW) a The following shall be dedicated to the City of Huntington Beach 1 An easement over the private streets for Police, Fire and Public Works Department access purposes 2 The water system and appurtenances as shown on the improvement plans for this tract 3 Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system b All vehicular access rights to Garfield Avenue, Seagate Drive and Promenade Parkway shall be released and relinquished to the City of Huntington Beach except at locations of street intersections c A Grading Plan, prepared by a Registered Civil Engineer shall be submitted for review and approval d A sewer study for the entire site shall be submitted for Public Works approval e The sewer system within the private streets shall be owned and maintained by the Homeowners Association Attachment 1/13/98 (98SR01 11) 0 f The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each structure This plan shall be approved by the Public Works Water Division prior to any construction g The developer shall be required to extend the waterline in Seagate Drive from the point of connection with the waterline in Promenade Parkway to the western boundary of the project h All dwelling units shall require separate domestic water meters and services All three story structures shall require a RPP backflow prevention device The domestic meters and services shall be sized per the Uniform Building Code, Building Department and Fire Department Standards i The developer (and any subsequent homeowners association) shall enter into a Special Utility Easement Agreement with the City which shall address repairs to any enhanced pavement, wall fencing etc by other than City forces, if the City water mains require repair or maintenance J Hydrology and hydraulic studies for the entire site shall be submitted for Public Works review and approval The developer shall design and construct the drainage system required to serve the development On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public Works approved method k The storm drain system within the private streets shall be owned and maintained by the Homeowners Association 1 All on-site catch basins shall be grate type in order to prevent paper and debris from entering the storm drain system (NPDES) m The developer shall install storm drain clarifiers or fossil filters at each catch basin to the satisfaction of the Department of Public Works (NPDES) n All private sidewalk widths shall meet ADA requirements o The developer shall install street lighting per Public Works Standard Plan No 411 on Seagate Drive p The developer shall install `STOP" signs on"E' Street at Seagate Drive, and on Seagate Drive at Promenade Parkway q All exterior landscaping improvements shall be installed and inspected Attachment 1/13/98 (98SR01 12) • • r The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 s The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 4 Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer (PW) 5 The tentative map shall be an affordable housing development pursuant to the affordable housing requirements of the Holly Seacliff Specific Plan 6 A reproducible mylar copy and a print of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO 15531 1 All applicable Public Works fees shall be paid prior to map recordation (PW) 2 The final map shall not be approved by the City Engineer until all securities have been posted with the Department of Public Works (PW) 3 Park and Recreation Fees shall be paid, or accrued credits assigned, prior to acceptance of the final map by City Council 4 Tentative Map No 15531, Conditional Use Permit No 97-65 and Variance No 97-22 shall become null and void unless exercised within two (2) years of the date of final approval An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date 5 The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption 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 Community Development within two (2) days of the Planning Commission's action Attachment 1/13/98 (98SR01 13) i • SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-65 1 The site plan and model site plan received and dated December 2, 1997 and floor plans and elevations received and dated January 8, 1998 shall be the conceptually approved layout with the following modifications a The third story floor plans shall comply with Uniform Building Code requirements, including exiting pursuant to 94 UBC Section 1003 1 b Garage doors shall be of the automatic roll-up variety c Additional architectural treatment shall be provided on side elevations visible from the street subject to review and approval of the Community Development Department d Materials and colors shall be provided on the elevations e The model site plan shall be revised to show the van accessible handicapped space in the location of parking stall nos 1 and 2 f Parking lot striping detail shall comply with the Huntington Beach Ordinance Code and Title 24, California Administrative Code (Code Requirement) g Depict all utility apparatus, such as but not limited to 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 Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view (Code Requirement) h All exterior mechanical equipment shall be screened from view on all sides Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers Said screening shall be architecturally compatible with the building in terms of materials and colors If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s) (Code Requirement) i Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan or grading 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 arclutecturally compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks Attachment 1/13/98 (98SR01 14) i • J If outdoor lighting is included energy saving lamps shall be used All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations 2 Prior to submittal for building permits for model homes or production units, the following shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) b Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No 429 (FD) c Submit three (3) copies of the site plan and the processing fee to the Planning Division for addressing purposes after street name approval by the Fire Department d All Fire Department requirements shall be noted on the building plans (FD) e Residential type structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property Evidence of compliance shall consist of submittal of an acoustical analysis 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) f A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) g Floor plans shall depict natural gas and 220V 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, the following shall be completed a A grading plan, prepared by a Registered Civil Engineer shall be submitted to the Department of Public Works for review and approval b Blockwall/fencing plans shall be submitted to and approved by the Department of Community Development Double walls shall be prohibited The plans shall include section drawings a site plan and elevations The plans shall identify materials, seep holes and drainage Attachment 1/13/98 (98SR01 15) r • 4 Prior to issuance of building permits for model homes or production units the following 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 Department of Community Development b The Final Map No 15531 shall be accepted by the City Council, recorded with the Orange County Recorder and a recorded copy filed with the Department of Community Development (Code Requirement) c In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer and submitted to Public Works Grates shall be used in lieu of side opening catch basins to collect debris (PW ) d A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development 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 plant materials to remain, existing plant materials to be removed and proposed plant materials an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval (PW) (Code Requirement) e A grading permit shall be issued by the Department of Public Works f A $5,000 cash bond shall be posted with the City for the model home complex to guarantee compliance with conditions of approval g The temporary sales trailer shall be State Certified and be provided with handicapped access Evidence of such shall be provided to the Community Development Department 5 Prior to construction of the model homes, the following shall be completed (FD) a Provide one fire hydrant within 150 feet of the model buildings b Provide an all weather surface fire road to the model buildings 6 Prior to combustible construction of the production homes, the following shall be completed (FD) a Ten (10) fire hydrants shall be installed in locations approved by the Fire Department Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation b All roadways shall be completed to the base course of asphalt Attachment 1/13/98 (98SR01 16) • • 7 During construction, the applicant shall a Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site b Wet down areas in the late morning and after work 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 avoid high ozone days (first stage smog alerts), e Discontinue construction during second stage smog alerts 8 Prior to final building permit inspection and approval of the first residential unit the following shall be completed a The developer shall submit an affordable housing covenant for the entire project designating the project as affordable for 30 years per the Affordable Housing Plan for Holly Seacliff The covenants shall be approved by the City Council and recorded with the County of Orange All sales prices and buyers shall be pre-approved by the Community Development Department b All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including 1) Two vehicle access points will be required as shown on the site plan Emergency Access gates will be designed to comply with City Specification No 403 The Emergency Access gate shall be electrically controlled and equipped with an Opticom strobe opener for emergency vehicle entry (FD) 2) Fire lanes will be designated and posted to comply with City Specification No 415 (FD) 3) Address numbers will be installed to comply with City Specification No 428 Individual units will be sized a minimum of four(4) inches with a brush stroke of one-half(1/2) inch (FD) 4) Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification#401 Include the circulation plan and dimensions of all access roads (FD) Attachment 1/13/98 (98SR01 17) 5) All units built on flag lots (buildings that are further than 150 feet from the nearest street to the back of the building) shall have automatic sprinklers installed throughout 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 (Unit Nos 1, 12, 13, 20, 21, 28, 29, 33, 40, 41, 48, 50, 51, 110, 114, 115 124, 125, 132, 133, 140, 141, 142 ) (FD) c Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department d All building spoils, such as unusable lumber wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them e The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) f The project will comply with 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) 9 The use shall comply with the following a Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked (FD) b Service roads and fire access lanes shall be maintained If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred (FD) 10 The sales office shall be discontinued within 30 days following the close of escrow of the last unit 11 The temporary sales trailer shall be removed upon completion of the model sales office 12 The sales office shall not be converted or expanded into a general business office for the contractor or developer 13 Temporary signs and flags shall be permitted as part of the model sales complex approval The signs and flags shall be immediately removed upon the close of escrow of the last unit The signs and flags shall comply with the maximum height and size provisions of the zoning code 14 The project shall comply with Conditions of Approval for Tentative Tract No 15531 15 The Community Development Director ensures that all conditions of approval herein are complied with The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process Building permits Attachment 1/13/98 (98SR01 18) • • shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission'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 INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 Conditional Use Permit No 97-65 and Variance No 97-22 shall not become effective until the ten day appeal period has elapsed 2 Conditional Use Permit No 97-65 and Variance No 97-22 shall become null and void unless exercised within one year 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 Department of Community Development a minimum 30 days prior to the expiration date 3 The Planning Commission reserves the right to revoke Conditional Use Permit No 97-65 and Variance No 97-22, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs 4 All applicable Public Works fees shall be paid 5 All new and existing utilities shall be installed underground (PW) 6 Traffic Impact Fees shall be paid, or accrued credits assigned, at the time of final inspection or issuance (PW) 7 A construction permit shall be required for all work within the City right-of-way (PW) 8 State-mandated school impact fees, or such fees as have been agreed to by the applicant and the school districts, 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 Construction shall be limited to Monday - Saturday 7 00 AM to 8 00 PM Construction shall be prohibited Sundays and Federaf holidays 11 The applicant shall submit a check in the amount of$38 00 for the posting of the Notice of Exemption 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 Community Development within two (2) days of the Planning Commission's action Attachment 1/13/99 (98SR01 19) 0 0 Huntington Beach Department of Community Development STAFF REPORT TO Planning Commission FROM Howard Zelefsky, Planning Director BY Mary Beth Broeren, Senior Planner` �- DATE December 9, 1997 SUBJECT TENTATIVE TRACT NO 15531/CONDITIONAL USE PERMIT NO 97- 65/VARIANCE NO 97-22 (Cape Ann Residential Project) LOCATION Southeast Conner of Promenade Parkway and Seagate Drive STATEMENT OF ISSUE Tentative Tract No 15531, Conditional Use Permit No 97-65 and Variance No 97-22 represent a request by John Laing Homes to subdivide approximately 13 gross acres for the construction of 146 detached condominium units on one lot Project density will be approximately 11 units per gross acre The project will have access off of Seagate Drive The detached condominiums range in size from 1,340 to 1,696 square feet The request includes a model home sales complex A variance is requested for minimum nine foot side building separation in lieu of 15 feet between two story buildings and 20 feet between three story buildings The project will comply with all other development standards of the Holly Seacliff Specific Plan and will contribute to the affordable housing requirements for the Holly Seacliff area Staff recommends approval of the project for the following reasons • The project is consistent with the goals and objectives of the General Plan, incorporating creative design that results in an attractive residential project • The project s design is compatible with surrounding land uses and the site is physically suitable for the proposed density of 11 units per gross acre • The project meets the residential standards of the Holly Seacliff Specific Plan, including compliance with the Windrow Replacement Plan • The project will comply with the mitigation measures of Environmental Impact Report No 89-1 • The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of property in the neighborhood or the City in general The project will be provided with necessary infrastructure In addition, adequate parking will be provided for project residents • The variance request will not be detrimental to surrounding properties or the public welfare The design meets open space requirements and offers a creative solution for providing affordable detached homes • The project will provide 146 units of affordable housing which is consistent with the requirements of the Holly Seacliff Specific Plan and the City s goals of providing a range of housing types RECOMMENDATION Motion to `Approve Tentative Tract No 15531 Conditional Use Permit No 97-65 and Variance No 97-22 with findings and suggested conditions of approval (Attachment No 1) " ATTACH�-MENT NO a I � r &LW a � �INGOI 7 tan �t WARNHt ` SLATER � F..00m ' O � r � gg -i �cARt�n IYDK=WN 'AD. I Dmtt ap= PROJECT ! , r BAXMNa I o � I c I � n l III i�� II II yi _t J, r� VICINITY MAP 1t� TT 15531, CUP 97-65, VAR 97-22 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION ATTACP M.NT NO a ,a ALTERNATIVE ACTIONS. The Planning Commission may take alternative actions such as A Deny Tentative Tract No 15531, Conditional Use Permit No 97-65 and Variance No 97-22 with findings for denial B Continue Tentative Tract No 15531, Conditional Use Permit No 97-65 and Variance No 97-22 and direct staff accordingly GENERAL INFORMATION APPLICANT John Laing Homes, 19600 Fairchild, Suite 150, Irvine, CA 92612 PROPERTY OWNER PLC, 23 Corporate Plaza, Ste 250,Newport Beach, CA 92660 REQUEST To permit a one lot subdivision for construction of 146 detached condominium units The conditional use permit includes a model home sales complex A variance is requested for minimum rune feet interior side building separation in lieu of 15 feet between two story buildings and 20 feet between three story buildings DATE ACCEPTED August 15, 1997 SUBJECT PROPERTY AND SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS LOCATION GENERAL PLAN ZONING LAND USE Subject Property Residential Medium Holly Seacliff Specific Vacant Density Plan(HSSP) - Medium Density Residential North of Subject Residential Medium HSSP - Medium Density Vacant Property (across Seagate Density Residential Dr and Promenade Pkwy) East of Subject Property Residential Medium HSSP -Medium High Proposed 80 unit (across Transportation High Density Density Residential Condominium Project Corridor) (Beach Terraces) South of Subject Commercial General HSSP - Commercial Vacant and Industrial Property (across Use Garfield Ave) West of Subject Residential Medium HSSP - Medium High Vacant Property High Density Density Residential Staff Report 12/9/97 2 (97SR61) PROJECT PROPOSAL Tentative Tract Man No 15531 is a request for a one lot subdivision for condominium purposes pursuant to the Holly Seacliff Specific Plan(HSSP) and Article 989 of the Huntington Beach Ordinance Code (HBOC) Five lettered lots would also be created for landscape purposes for the project One additional numbered lot will be created that may be used for future park purposes separate from the residential prof ect Conditional Use Permit No 97-65 is a request to A Construct 146 detached condominium units pursuant to the HSSP The units will typically front on a common open space area, called a"paseo", with garage access provided off of an alley The applicant's project includes three floor plans as summarized below ' S2 1,340 2 ' two car Stories Garage 1 3 2 50 1,500 3 two car 3 3 44 1,696 4 two car 2 Plans 1 and 2 are designed such that most of the daily living space is on the second and third floors The first floor contains the garage, a bathroom and a den The second floor provides the living room, dining room and kitchen (and family room in Plan 2) and the third floor contains the bedrooms Plan 3 is a more standard design with the living room, etc on the first floor and the bedrooms on the second floor This project will be used to meet part of the affordable housing obligations for Holly Seacliff with all 146 units being available to moderate income households (120 percent of the County median) B Construct a model home sales complex pursuant to Section 9730 32 of the HBOC Three model homes and a sales office would be constructed A temporary sales trailer would be used until the models and office are complete Vanance No 97-22 is a request for a minimum nine feet interior side building separation in lieu of 15 feet between two story buildings and 20 feet between three story buildings pursuant to Section III D 4 g 1 of the HSSP The applicant believes the variance request is necessary to achieve flexibility in project design such that detached units can be provided at sufficient density to support the affordable nature of the project In 1993, a 156 unit project was approved for the subject site The project was an attached multi-family project with six units per building design (Attachment No 12) The project was never constructed Staff Report 12/9/97 3 _ (97SR61) Ai I I'l -11r11= 11 �C7 a s • ISSUES General Plan Conformance The proposed project is consistent with the goals, objectives and policies of the City's General Plan the Land Use Element designation of Residential Medium Density on the subject property and the City's Housing Element, including those listed below Both single and multi-family goals, objectives and policies are cited because although the project is considered multi-family, it is designed with single family characteristics, e g , detached units, separate two car garages L U 9 1 2 Require that single-family residential units be designed to convey a high level of quality and character considering the following guidelines a Modulate and articulate building elevation, facades, and masses d Encourage innovative and creative design concepts e Locate and design garages so that they do not dominate the street frontage LU 9 1 3 Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below c Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas e Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood L U 91 4 Require that recreational and open space amenities be incorporated in new multi-family developments LU 9 3 2 Require that the design of new residential subdivisions consider the following c Cluster residential units h Site and design of units and incorporate elements, such as porches, that emphasize front yards as an activity area and"outdoor living room,"by locating garages in the rear or side yards k Include alleys or other means to minimize the dominance of garages along the street frontage Housing Encourage the provision and continued availability of a range of housing types throughout the community Staff Report 12/9/97 4 (97SR61) AT TA('J`�IMENT N0 a,5 Zoning Compliance This project is located in Planning Unit II-3, Medium Density Residential (RM), of the Holly Seacliff Specific Plan area and complies with the requirements of that zone with the exception of the requested variance The following is a zoning conformance matrix which compares the proposed project with the development standards of the HSSP and the HBOC SECTION ISSUE # CODE PROVISION PROPOSED III D 4 b Permitted Uses Condominiums Condominiums c Max Density 15 units/gross acre 11 2 units/gross acre d Max Building Height 40 ft ,three stories 34 ft , three stories e Max Site Coverage 50 % 26 % f Min Front Yard Setback Dwelling 15 ft 15 ft (from back of landscape easement on Seagate Dr) Fireplaces/Balconies 5 ft 15 ft g 1) Min Interior Side Yard Setback Dwelling/Garage 5 ft 5 ft Min Building Separation 15 ft for two story 9 ft (54/105 cases)* (for buildings on same lot) buildings, 20 ft for three 10 ft (49/105 cases)* story buildings 18 ft (2/105 cases) g 2) Min Exterior Side Yard Setback Dwelling/Garage loft 15 ft (from back of landscape easement on Promenade Pkwy) Arch features 8 ft 14 5 ft h Min Rear Yard Setback 5 ft 15 ft (from back of landscape easement on Garfield Ave) i Min Open Space Private 75 sq ft/unit 378 to 502 sq ft/unit Common 300 sq ft/2-bdrm 97,900 sq ft total 350 sq ft/3&4-bdim (48,500 sq ft req) J Parking 2 spaces (1 encl)/2-bdrm 412 total spaces, 292 2 5 spaces (1 encl)/3&4- encl /47 open/73 guest bdrm , plus 0 5 space/unit provided for guests (412 total req spaces, 146 encl /min 73 guest) * Variance Staff Report- 12/9/97 5 (9 SR61) As IACC li-vlLN T IN a, SECTION ISSUE CODE PROVISION PROPOSED k 1) Building Offset No more than 6 units side Not applicable by side unless a min two ft offset for every two units k 2) Landscaping 1-36' box tree/45 ft of Complies street frontage k 3) Transportation Corridor Habitable area setback min 15 ft from 10 ft from Transportation Transportation Corridor Corridor Transportation Corridor to Not applicable to project be landscaped (Transportation Corridor part of another project) Environmental Status The proposed project is covered by Final Environmental Impact Report No 89-1 which was certified by the City Council on January 8, 1990 Pursuant to Section 15182 of the California Environmental Quality Act, where a public agency has prepared an environmental impact report for a specific plan after January 1, 1980, no environmental impact report or negative declaration need be prepared for a residential project undertaken pursuant to and conformance to the specific plan' In addition, Section 2 5 1 of Development Agreement No 90-1 for the Holly Seacliff area states "City agrees that no subsequent or supplemental environmental impact report shall be required for any development approval unless the anticipated environmental impacts to any proposed project exceeds the level of impact indicated in Final Environmental Impact Report No 89-1 " The proposed residential project is subject to compliance with the adopted mitigation measures contained in Final Environmental Impact Report No 89-1 Staff has reviewed the proposed residential project for compliance and has determined the project is consistent with the provisions of the Holly Seacliff Specific Plan and the adopted mitigation measures contained in Final Environmental Impact Report No 89-1 (See Attachment No 11 for Mitigation Measures Matrix) A finding that the project complies with the adopted mitigation measures has been included in the conditional use permit Findings for Approval The project will also mitigate any potential school impacts through the payment of school fees per agreements in place between the school districts and the property owner Coastal Status Not applicable Redevelopment Status Not applicable Design Review Board Not applicable Staff Report 12/9/97 6 (97SR61) A i;AiJI-1141�-N i NO a-1 Subdivision Committee On November 5, 1997 the Subdivision Committee reviewed the proposed residential subdivision Staff recommendations were discussed with the applicant Questions were raised regarding open space and parking The Subdivision Committee recommended approval of the tract map with conditions (See Attachment No 10 for minutes) Staff notified affected agencies and all property owners within 300 feet of the subject site for the Subdivision Committee meeting Staff did not receive any calls or written correspondence No persons from the general public were in attendance at the meeting Other Departments Concerns The Departments of Public Works and Fire, and Building Division have recommended conditions which are incorporated into the conditions of approval The Police Department has no concerns Pubkc Notification Legal notice was published in the Huntington Beach/Fountain Valley Independent on November 27, 1997, and notices were sent to property owners of record within a 300 ft radius of the subject property, the applicant and interested parties ANALYSIS The analysis of the proposed project evaluates the project design, including open space and parking, and its compatibility with the surrounding area Other aspects of the project that are analyzed include the variance request and compliance with windrow and affordable housing requirements Land Use Compatibility The proposed tract is bounded on all but one side by streets or the Transportation Corridor As such, there is little opportunity for the project to impact any adjacent properties The westerly boundary of the project does abut a vacant parcel, zoned for Medium High Density Residential development Although a project was approved for this site in the early 1990s, it is not expected to be built and no project is anticipated for tlus site in the next couple of years Across Promenade Parkway is another vacant property designated for Medium Density Residential development and a four acre neighborhood park At this time, it is unknown when this area will be developed The proposed project is comparable in density to the recently approved Beach Terraces project on the eastern side of the Transportation Corridor(average of 10 units per gross acre) and the Greystone Keys project currently under construction at the northern terminus of Seagate Drive (approximately eight units per gross acre) Staff Report 12/9/97 7 (97SR61) AT Hi'AENT N0 Q,K Tract Layout The proposed tract is a one lot subdivision for condominium purposes Thus, buyers will have air space rights and a 1/146th interest in the project Lettered lots are designated for common areas and will be landscaped A second numbered lot will also be created on the westerly side of Seagate Drive This lot is a remnant from the original plan for the area which called for gates to be installed on Seagate Drive Because the gates will not be installed,this lot will eventually be incorporated into the development that occurs in that area Access to the tract will be taken from Seagate Drive A second, emergency vehicle only, access will be provided off of Garfield Avenue The internal streets are generally of standard width (40 feet from curb to curb) and comply with Public Works standards A sidewalk will be located on one side of the street The design of the internal streets provides adequate access for fire engines and turnaround areas A 15 foot wide landscape parkway will be maintained along Garfield Avenue and Seagate Drive, a 20 foot wide landscape parkway, in addition to other landscaping (see Windrow discussion below), will be maintained along Promenade Parkway The project will not be gated, however, the streets, landscaping and all improvements, except water, will be maintained by a homeowners association The proposed grades are compatible with those of adjacent streets and the site is generally flat Proposed pad elevations will be approximately two to three feet above top of curb Project Design The applicant has oriented the detached condominiums in clusters in which units front on a common open space area called a paseo Clusters typically have six or eight units Of the total 146 units in the project, 96 are in a cluster setting, while the remaining 50 units face a street or a greenbelt The paseo area contains a walkway which provides access to the front of the units and landscape area It will serve as informal play and recreation area for residents Units have been designed with front balconies/terraces, porches and yard areas The intent of the design is to create a strong sense of community by extending the living area out from the home The exhibit below depicts a typical six unit cluster I Allev Access to 75 29 gI Two Car Garage PLAN 2L 70 PLAN 3L -Private Front Yard Area-36" fence l74 Walkway PLAN 1R 2s, Private Side Yard Area-6'High PLAN 2R Fence Ccmmn Paseo Area 73 , PLAN R 23 ;71Covered Porch1 R - — On-St Parking 1 r Staff Report- 12/9/97 8 (97SR61) ENT N'0 • • Separation between the front of buildings (excluding patio or balcony area) ranges from approximately 22 to 30 feet As discussed in the Project Proposal section, most of the living area for Plans 1 and 2 is contained on the second and third floors Thus, although 96 of the units are in a cluster setting, greater privacy is achieved by separating the living area from the first floor(ground level) The second floor balconies/terraces also assist in buffering each unit's interior space The homes have been designed with a high degree of building articulation (porches balconies, etc )which contributes to an attractive design In addition, building offsets are provided at the rear of homes to minimize massing along the alleys The applicant will offer a variety of elevations and color treatments to ensure an attractive project A fairly even distribution of the three plan types also improves the aesthetics of the project and contributes to variation in the street scene The applicant has located the two-story Plan 3 at the entrance to the project and at the end of many clusters adjacent to the internal streets which minimizes bulk along the street and provides a transition to the three-story Plans 1 and 2 Variance Request The project will comply with the development standards of the HSSP, including setbacks, density, open space and parking, however the applicant has requested a variance for side separation between buildings The applicant proposes nine and 10 foot wide side yards which will serve to separate units The HSSP requires a minimum 15 foot separation between two story buildings on the same lot and 20 feet between three story buildings The expectation was that multi-family projects in the RM district would be designed such that several units would be attached The 15 and 20 foot side separations were required to minimize the massing that such large buildings would create The proposed project is a hybrid of single and multi-family design, as such the required separations do not appear necessary With the separation shown, the project has the look of a small lot single family subdivision, with minimal massing and opportunity for adequate ventilation and light The proposed separation is comparable or exceeds the separation between single family homes throughout the city, on standard size lots there is typically 10 feet of separation(five foot side yards) and on downtown lots there is six feet of separation (three foot side yards) Staff supports the applicant's request because the resulting design provides for adequate light and ventilation between units,the separation is comparable to other small and standard lot developments in the city, and the project provides a unique design solution for detached homes at moderate prices consistent with the affordable housing requirements In addition,the variance will not have a negative impact on surrounding properties or project residents, the project exceeds open space requirements, discussed below, and is compatible with projects approved or anticipated for the area Staff also believes that the shape and location of the property constrain development on the site and give further cause to support the variance request Specifically, the subject property is oddly configured having six sides and being relatively narrow at the north end, is bounded by streets or the Transportation Corridor on all but one side, and is considered a through-lot (when the rear property line is bounded by a street) Exterior side setbacks from streets (measured from the back of the landscape easement) and rear setbacks on through-lots are 10 feet greater than would otherwise be required For example, rear setbacks in RM areas are typically five feet, but through-lots require rear setbacks to be as great as front setbacks Staff Report 12/9/97 9 (97SR61) A,`A0niv ENT IN410 a. to s Thus, the subject property requires a 15 foot rear setback The same relationship applies with exterior side setbacks The project is also required to have a 10 foot setback from the Transportation Corridor, five feet greater than the standard interior side setback The odd shape of the property constrains site layout due to street width and turnaround considerations for emergency vehicles, this is compounded by the greater setback requirements Parking The project complies with the City's parking standards, providing 412 on-site parking spaces Each unit will have a two car garage which exceeds the required minimum interior dimensions Garages will be 20 ft by 20 ft (inside dimension), the code requires 18 ft by 19 ft In addition,there will be open(non- enclosed) parking spaces for residents and guests distributed throughout the project The applicant has designed the project such that guest parking would be readily available for all units in the project, however, the areas near the emergency accessway (unit nos 26-31) and in the northern part of the site (unit nos 86-89) are less well-served The City does not have a standard for minimum distance to a guest parking space, the HBOC did require that required spaces for residents be within 200 feet of a unit As noted, the proposed project includes a two car garage incorporated into each unit for the residents Open Space The project exceeds the open space requirements of the HSSP Private open space is provided in the side yard areas (min nine feet in width) which will be enclosed by a fence and in balconies, covered porches and in front yard areas (min 17 feet in width) enclosed with a 36 inch high picket fence Each unit will have from 378 to 502 square feet of private area As indicated on the Open Space Plan (Attachment No 6), the project has twice the amount of common open space required This includes an approximate 13,000 square foot recreation area which will have a pool, 17 acres of area in the paseos and additional landscaping along the Transportation Corridor (The perimeter landscape areas are not included in these totals ) There is no minimum width required for open space areas, the minimum width calculated within the project is seven feet The project will benefit from its proximity to the Transportation Corridor as that will be designed for recreational use In addition, the HSSP calls for a four acre park to be established on Promenade Parkway, north of Seagate Drive, within walking distance from the proposed project The applicant will satisfy the park and recreation fee requirement through the use of land credits for the dedication of park acreage in the future Hamett M Wieder Regional Park, as is standard with all Holly Seacliff developments Windrow Plan Compliance A small segment of the proposed project, approximately 200 feet along Promenade Parkway, is located adjacent to an approved windrow replacement area, per the Windrow Tree Replacement Mitigation Implementation Plan' This Plan was approved April 28 1994 and was required pursuant to mitigation measures for the environmental impact report for Holly Seacliff and the approvals for Tentative Tract No 14661 The approved windrow area is required to have windrow landscaping with a minimum 20 foot width and an average 30 foot width Staff Report 12/9/97 10 _ (97SR61) A�11 i H�I i I'V A._ It o Q, l The applicant proposes a minimum 20 foot width on the street side of the perimeter wall Within the remaining 10 feet on the interior side of the wall the applicant proposes additional landscaping and a four foot wide private walk which provides access to the front of the homes To compensate for the private walkways within this area the applicant will provide additional windrow planting (660 square feet) in the Transportation Corridor off of Promenade This planting in the Transportation Corridor will complement the approximately 1,200 square feet approved by the Planning Commission in conjunction with the Beach Terraces project via Conditional Use Permit No 97-59 Staff believes that this"windrow grove" will provide an attractive amenity for the area Affordable Housing The Affordable Housing Plan (AHP) for the Holly Seacliff project area requires that 15 percent of the total units in Holly Seacliff be available for moderate income households (up to 120% of the County Median Income) for a period of 30 years Allowable incomes are based on household size For example, based on the current County median, a one person household could earn a maximum income of$53,100, and a four person household could earn $75,850 and qualify as an affordable buyer The proposed project will be 100 percent affordable and be used to meet part of the AHP requirement Per a recommended condition of approval, the applicant will be required to record a covenant on the project designating it as affordable, with sales prices and buyers to be pre-approved by the Community Development Department Staff continues to closely monitor all development within the Holly Seacliff area to assure compliance with the affordable housing provisions Model Home Complex The applicant proposes to construct a model home complex so that buyers can view the homes The complex will be located near the entrance to the tract on Seagate Drive The model home complex will be landscaped and provide off-street parking A temporary sales trailer will be used while the models are under construction Staff recommends approval of the model plan with the standard conditions regarding bonds and removal of structures when sales are complete SUMMARY Staff recommends approval of the project for the following reasons • The project is consistent with the goals and objectives of the General Plan, incorporating creative design that results in an attractive residential project • The project's design is compatible with surrounding land uses and the site is physically suitable for the proposed density of 11 units per gross acre • The project meets the residential standards of the Holly Seacliff Specific Plan, including compliance with the Windrow Replacement Plan • The project will comply with the mitigation measures of Environmental Impact Report No 89-1 • The project will not be detrimental to the general health, welfare and safety, nor detrimental to the value of property in the neighborhood or the City in general The project will be provided with necessary infrastructure In addition, adequate parking will be provided for project residents Staff Report 12/9/97 11 }�- (97SR61) Ail IACHMENT NO a 12 • The variance request will not be detrimental to surrounding properties or the public welfare The design provides adequate open space, light and ventilation and offers a creative design solution to providing affordable detached homes • The project will provide 146 units of affordable housing which is consistent with the requirements of the Holly Seacliff Specific Plan and the City's goals of providing a range of housing types ATTACHMENTS 1 Findings and Suggested Conditions of Approval 2 Tentative Tract Map No 15531 dated December 2, 1997 3 Site Plan, Floor Plans and Elevations dated December 2, 1997 4 Narrative 5 Conceptual Landscape Plan 6 Open Space Plan 7 Parking Plan 8 Wall and Fence Plan 9 Model Home Complex Plan dated December 2, 1997 10 Subdivision Committee Minutes 11 EIR No 89-1 Mitigation Measures Matnx 12 Site Plan of Previously Approved Project on Subject Site SH MBB kj I Staff Report 12/9/97 12 (97SR61) ATTIACH�MENT N0 Q,f�3 s 0 NARRATIVE TO ACCOMPANY APPLICATIONS TENTATIVE TRACOT MAP NO 15531 CONDITIONAL USE PERMIT AND REQUEST FOR VARIANCE Tentatie Tract No 15531 is located southeast of the intersection of Seagate Drive and Promenade Parkway within Planning Area II-3 of the Holly-Seacliff Specific Plan The site is currently zoned RM (Residential Medium Density) which allows a maximum density of 15 dwelling units per acre The proposed density of 14 0 dwelling units per acre is appropriate for the current zoning The current land use of the subject property is vacant land Tentative Tract No 15531 proposes the development of 146 single family detached condominium units within a private, non-gated Homeowner Association maintained community The subdivision will create one numbered residential lot for condominium purposes and five lettered lots dedicated to the Master Association for landscaping adjacent to Promenade Parkway, Seagate Drive and Garfield Avenue and for the community entry monument located at the northwest corner of Garfield Avenue and Main street John Laing Homes (CA), Inc and the Developer PLC is designating this project to partially fulfill requirements to provide affordable housing in the Holly-Seacliff area per the provisions of the Holly-Seacliff Specific Plan Section III, paragraph 12 and the Holly-Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners as approved by the Huntington Beach City Council on February 24 1994 In accordance with paragraph C 2 of the above referenced Affordable Housing Plan and as part of this application PLC is requesting that the Director of Community Development approve and consent that the units in this application partially satisfy the Developer's Specific Plan affordable housing requirement The proposed homes will be offered for sale at prices within the affordable guidelines established by HUD and the City of Huntington Beach The purchasers of these homes will be required to covenant that these homes will only be re-sold to families or individuals meeting the moderate income requirements The Cape Cod style two-story and three-story units ranging in size from approximately 1,300 s f to approximately 1,700 s f are proposed for the 146 unit development The two-story plan is the largest with 4 bedrooms and 2 5 bathrooms and each of the 2 three-story plans have 3 bedrooms and 3 bathrooms Each unit will have an attached two car garage An exclusive use area for each unit will be defined by a three foot high picket fence Many trees are proposed throughout the project to soften the height of the three-story units and accentuate the architectural elevations Each cluster of units will front a landscaped paseo common area with meandering sidewalks which will be maintained by the project's homeowner association The homeowners will also enjoy a 0 25 acre recreation area that includes a pool, spa cabana, sun deck, and several trellis shade areas surrounded by landscaping An additional benefit to the homeowners of this project is the open access to the proposed greenbelt to be located in the adjacent Transporation/Trail Corridor The private street that loops throughout the project provides on-site parking in addition to parking stalls around the recreation area and other select areas onsite for a total guest parking count of 122 spaces 1Of0 7 tidt=i � I�J Ai IAUHIOENT NO • 0 City of Huntington Beach Page 2 Narrative for Tentative Tract Map 15531 & C U P Surrounding Land Uses North - Promenade Parkway and Seagate Drive (public streets) with vacant residential land beyond South - Existing Garfield Avenue (public street) with existing apartments existing glass and screen shop and vacant commercial land beyond East -Vacant residential land including a proposed greenbelt area within the Transportation/Trail Corridor The Corridor is to be landscaped and used as common space greenbelt for Cape Ann and the Beach Terrace project being proposed by the Olson Company West -Vacant land Proposed on-site domestic water mains will be located within easements and dedicated to the City of Huntington Beach The on-site loop system will connect to an existing 8" domestic water main in Seagate Drive near the proposed project entry The proposed second point of connection will be to an existing18" water main in Garfield Avenue Proposed on-site sanitary sewer mains will be located within the private interior streets and shall be owned and operated by the homeowners association The on-site system will connect to an existing 21" O C S D sewer main located at the southeast corner of the property near the intersection of Main Street and Garfield Avenue The on-site storm drain system will be privately owned and maintained All onsite drainage will connect to the existing public storm drain in Seagate Drive On-site landscaping and irrigation will be in compliance with the requirements of the Holly-Seacliff Specific Plan Perimeter landscaping will be irrigated using reclaimed water Interior and common area landscaping will be irrigated using domestic water Landscaping and tree planting within the lettered landscape lots adjacent to Promenade Parkway, Seagate Drive and Garfield Avenue will be per the approved Seagate Community Streetscape Plans prepared by the L A Group, Inc , and maintained by the Seagate Master Association Restrictive covenants will conform to the guidelines of the Seagate Community and will be set forth in the Declaration of Covenants, Conditions and Restrictions to be prepared for Tract No 15531 ,0MM7 ATTACHMENT NO a,4c ATTACHMENT NO �4 • 0 City of Huntington Beach Page 3 Narrative for Tentative Tract Map 15531 & C U P Vanance Request A variance to allow 9 feet minimum building separation from the Holly-Seacliff Specific Plan RM standard of 10 feet (5' interior side yard setback) for the proposed two-story and three-story single family detached units is necessary in order to approximate the allowable density of 15 dwelling units per acre and to comply with the affordable housing requirements currently in force A building separation of 10 feet was achieved for 80% of the three-story buildings that sit side by side Front to front building separations of 20 feet and garage to garage ally separations of 28 feet comply with the requirements of the Holly-Seacliff Specific Plan and City wide zoning ordinance The 9 foot separation between detached units provides adequate air and light and is similar to most detached development in the City The proposed development is consistent with the land use and density requirements of the approved Holly-Seacliff Specific Plan The site plan has been executed to provide an "open" and "attractive" project as viewed from both interior and exterior streets Approval of this variance will not constitute a grant of special privilege This request is necessary to preserve the right to develop an economically feasible project utilizing allowable densities in compliance with the Holly-Seacliff Specific Plan and the affordable housing requirements in force .John Laing Homes (CA), Inc understands that one of the goals of the Holly-Seacliff Affordable Housing Plan is that the "City should implement incentives, flexible development standards and otherwise provide encouragement in order to facilitate the construction of affordable housing" We believe that the project falls well within the intent of the Affordable Housing Plan and will assist the City in implementing it's housing policy This request is consistent with the land use and density requirements of the approved Holly-Seacliff Specific Plan The site plan has been approved in concept by the City of Huntington Beach Fire Department The granting of this request will not be matenally detrimental to th6 public welfare ,01OM7 ATIAGWrENTNO c `i( 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'�''a,.ls.,.l• n�,• ci:�:'raf�;=1:,��'�s�. •:�;.,.;.':�r::77..ti1S'i :a�a:::=ILi ��I�'��I � d1';. �•''� �t r '�•Fh`. ti$: i'i7�w.,,., :..�,...IE ::11:41ti1 :'�. 1�',`.+, � �.c.ti.r.5. '�I; _ ...1�.( ,` � 1 � ,.,Ff 1�'.. \•t',,IJ'1 SA:- 1'��l \,• � 1 Q :I��.3�1�'Jrl.:. � 1If}r�L.'. ,..� F. �f�a:• ill, � 1 .•1' Aft SUN f'.•�. � 11 ::�IJ�:•, p �' ati�i.' " `' - - �.+I ,1 ►a 1 •1 ► ►1•.1/• 1 ,�;4 �•nr. 'll `;.'t�7�1� �� `„ IP,� '�`,.� �Ni •,��• 1 •1 1 al •• •a• 1 ' •� � ,• nil 0 �. , - ,.%I� 1 1 ia' '/' / ►1' •1 1' • , • •••+ fir/ GUEST PARKING PLAN P �-M Ki rpm��► ■p"qm Q., Q.. Q• Q.. PLC �, ,,�<<7Sa� «��i w■ ..A��g ww��g ■■.w+r,`g rw��;��i i` « �oil owumps _ I=WHO I Iw _ `�t�.l���L.-+i ,�i n■ r�:,lig r�..�Ili r��, 4 • WIN ONE& all a VIM"I Hill TSAR- 1 06' Owl ,M OL === • r� (I IMF), _ fG�NA Q .. •,- . . Now n sip It Ad 14 2 Rn NOW ����� � .��4 `�y�•+�''�I�. ' �t f/,�R. .• i�,•�lei: �, w�:...,a . .. �, • • • 11, « �• 1 SUBDIVISION COMMITTEE MINUTES November 5, 1997 Room B 6, Civic Center 300PM Subdivision Committee Planning Commissioners Present Commissioner Ed Kerins, Commissioner Gerald Chapman, Commissioner Tom Livengood Stcbdcvrsron Committee Staff Members Present Scott Hess, Dave Webb, Tun Greaves Staff Present Mary Beth Broeren, Howard Zelefsky, Bruce Crosby A-pplicants Present Debra Pember, Dan Nahabedian,Mark Stringer, Bill Holman Guests Present None TENTATIVE TRACT NO 15531 APPLICANT/ SUBDIVIDER John Laing Homes ENGINEER Mark Stringer, Wagner Pacific REQUEST To subdivide a 13 gross acre site for a one lot subdivision for condominium purposes for construction of 146 detached single family homes Four lettered lots would be created for landscaping purposes, a second numbered lot would be created for future development Communi&Development Department Comments Staff presented a description of the proposed project and reviewed suggested conditions of approval Public Works Department Comments Staff presented the following proposed conditions of approval CONDITIONS OF APPROVAL--TENTATIVE TRACT NO 15531 THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLETED PRIOR TO RECORDATION OF THE FINAL MAP UNLESS OTHERWISE STATED BONDING MAY BE SUBSTITUTED FOR CONSTRUCTION IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION MAP ACT 1 All vehicular access rights to Garfield Avenue, Seagate Drive and Promenade parkway shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission AT �c���� C �-! �pO a s, t ' ;CHMENTNO 2 The engineer or Wyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 3 The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital- graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 4 Hydrology and hydraulic studies for the entire site shall be submitted for Public Works review and approval The developer shall design and construct the drainage system required to serve the development On-site drainage shall not be directed to adjacent properties, but shall be handled by a Public works approved method 5 All on-site catch basins shall be grate type in order to prevent paper and debris from entering the storm drain system (NPDES) 6 The storm drain connections shall be run through clarifers, at the point of entry into the public system, or fossil filters shall be installed at each catch basin (NPDES) 7 A sewer study for the entire site shall be submitted for Public Works approval 8 The tentative map received and dated shall be the approved layout 9 A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval 10 All private sidewalk widths shall meet ADA requirements 11 The developer shall submit a composite utility plan, showing water system improvements and all other underground utilities (existing and proposed) to each structure This plan shall be approved by the Public Works Water Division prior to any construction 12 The Developer shall be required to extend the waterline in Seagate Drive from the point of connection with the waterline in Promenade Parkway to the western boundary of the project 13 All dwelling units shall require separate domestic water meters and services All three story structures shall require a RPP backflow prevention device The domestic meter and services shall be sized per the Uniform Building Code, Building Division and Fire Department Standards 14 The Developer (and any subsequent HOA) shall enter into a Special Utility Easement Agreement with the City, which shall address repairs to any enhanced pavement, wall, fencing, etc by other than City forces, if the City water mains require repair or maintenance 15 The sewer system within the private streets shall be owned and maintained by the homeowners association 16 The storm dram system within the private streets shall be owned and maintained by the homeowners' association ATTACH IME ]T NO d� Subdivision Minutes 11/5/97 2 iAT T;4 V'H k�RNT NO • 17 The Developer shrill btall street lighting per HBPW Standard Plan No 411 on Seagate Drive 18 The Developer shall install "STOP" signs on "E Street" at Seagate Drive, and on Seagate Drive at Promenade Parkway 19 The Developer shall include in the CC&R's language that indicates the design of this development intentionally omitted the installation of security gates, required turnaround areas and the necessary open space to provide these facilities in the future The language shall also indicate that any application for the installation of security devices for the site shall also indicate that any application for the installation of security devices for the site submitted to the City of Huntington Beach shall include evidence that the homeowners' association will provide the necessary property for construction of the required facilities and street improvements and bear the cost for the same 20 final design elevations of grading shall not vary from elevations shown on the tentative map by more than one foot unless approved by the City Engineer 21 A reproducible mylar copy and a print of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works 22 The following shall be dedicated to the City of Huntington Beach a An easement over the private streets for Police, Fire, and Public Works Department access purposes b A 2 00 foot public utility easement within the private streets c The water system and appurtenances as shown on the improvement plans for this tract d Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, clearing repairing, and replacing the water system CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-65 THE FOLLOWING CONDITIONS ARE REQUIRED TO BE COMPLETED AS INDICATED BELOW PRIOR TO ISSUANCE OF BUILDING PERMITS 1 A detailed soils analysis shall be prepared by a registered engineer This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading chemical and fill properties, foundations, retaining walls, streets, and utilities 2 A Landscape and Imgation Plan shall be submitted to the Department of Public Works for review and approval by the Park Tree and landscape Division 3 In accordance with NPDES requirements, a ' Water Quality Management Plan' shall be prepared by a Civil or Environmental Engineer Grates shall be used in lieu of side opening catch basins to collect debris (NPDES) Subdivision Minutes 11l.)/97 3 �� +"1SVT�MCIT N0 ��� 4 All conditions of .0 ative Tract No 15531 shall be complied with INFORMATION ON SPECIFIC CODE REQUIREMENTS These code requirements are provided as information This is not a complete list of all code requirements applicable to this project 1 All applicable Public works fees shall be paid prior to map recordation 2 Traffic Impact Fees shall be paid at the time of final inspection 3 A construction permit shall be required for any work within City right-of-way 4 All new and existing utilities shall be installed underground 5 The final map shall not be approved by the City Engineer until all securities have been posted with the Department of Public Works Fire Department Comments Staff presented the following proposed conditions of approval CONDITIONS OF APPROVAL -TENTATIVE TRACT NO 15331 1 Ten(10) new fire hydrants shall be installed in locations approved by the Fire Department 2 Fire lanes will be designated and posted to comply with City Specification#415 3 Two (2) vehicle access points will be required as shown on the plan Security gates will be designed to comply with City Specification#403 4 Address numbers will be installed to comply with City Specification#428 5 Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification#401 6 The Fire Department prior to use must approve street names 7 The project will comply with all provisions of the Huntington Beach Fire Code and City Specification#422 and#431 for the abandonment of oil wells and site restoration 8 The project will comply with all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification#429 for new construction within the methane gas overlay district 9 All roadways shall be completed to the base course of asphalt prior to combustible construction Fire hydrants will be installed prior to combustible construction Subdivision Minutes 1115/97 4 -7-A O V$3NT ��0 0 10 All units built on flag lots" (buildings that are further than 150 feet from the nearest street to the back of the building shall have automatic sprinklers installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards Shop drawings will be submitted to and approved by the Fire Department prior to installation (Lots #1 12, 13, 20 21, 28, 29, 33, 40,41, 48, 50, 51, 110, 114, 115, 124, 125, 132, 133, 140, 141, 142) Subdivision Committee Member Comments Commissioner Kerins expressed concerns about parking, open space and front to front separation of uruts, inquired as to the type of recreation area proposed and recommended that sidewalks be provided on both sides of the streets Commissioner Livengood also expressed concerns about parking and open space Commissioner Chapman had similar concerns and raised an issue about shadows between buildings Developer Comments The developer indicated that they would be meeting with Public Works staff to discuss some of the recommended conditions concerning storm drain improvements A MOTION WAS MADE BY LIVENGOOD, SECOND BY CHAPMAN, TO RECOMMEND APPROVAL OF THE TENTATIVE MAP NO 15531 AND FORWARD TO THE PLANNING COMNIISSION (6-0) Al iTAU LN 1 iBiJ Subdivision Minutes 11/5/97 5 ATT C-A[il NIT NO ���� ATTACHMENT NO. MITIGATION MEASURES MATRIX IS AVAILABLE AT THE COMMUNITY DEVELOPMENT DEPT. 3RD FLOOR, CITY HALL 2000 MAIN STREET d�Ct-!�,IENT NO a S PORTSIDE \ nr i ice EWIRED tx 1« 11.«fr �,�yb �1 [1« 1 xa r TOI LILLOU ED I*I( WWMI 3 CE IRO ICEQ Lw.1/ SPACE w_y f R c [ — Sm 701 L p[ ACE IROVI fED [ ti S r ti 1 / Ole uw / Iw M 1 M f Itw.r 1 MIm / 3 M 15 aLL [`r «L r ■ �G 1 -� - - 4 r .ary w w.Gn rrttuw Q C} I THE COVE PORTSIDE OR N$rAQ II AN O ID1L� PORTSIDE .d IOU wnnfltCIC RAN RAIIfG WIN L DOU11 R11W M I Seacllff Partners Common Open Space 54,200 sq ft \ (includes 20,000 sq ft rec area) 00ww Private Open Space 268 sq ft /unit *. \ (in balcony & patio areas) t �y iu IMP II— Ci 1 » « r O� nM�fM1 �fG » � peG Il 11' ultG U Z IMt� 1M 1 iTHE COVE PORTSIDE / m Open Space PLan z PORTSIDE a�CM� IWt1L 4A"N Dom rcaI o SSeadiff Partners kz Y IV al . E a `y y v -P&V s Q, � nnc.Rlwl \ TRACT NO 15531 "' a'�fllmroLtrdn� @off I1Q;ID`lU tlll%.fJl \ /'! I FOR CONDOMNIUM PUIIPOSLS CAPE ANN R LS VRrITtlY CORRIDOR" / l W""" \ 4 HOLLY SEACLIFF d PLANNING UNIT II 3 CITY OfBEACH T M N %T 4/Ib NO OI // / '� d L O rr� d w \\ \ COUNTY O RIANCL,CALI ORNIA jll( n ° �II a v l I J mlr n v II n I 16 11MY111 I � \ \ � „JJJSLL��II�I` � Ir I A'�.xtuY Y WIO VSL SUM�NRY � 0 � L \ \ *J 8 al 13 I u d T \ 1 \ � I r O O a �/ © In u la m Y I ti mu4 It RMWl3 t4 uIA a r n O I P \ t? • w� _ W O W w 1 Qw I QWA Nw mx SIT[ 1 W \\ LOT �C '-`� �I ~' YN V1 t1 •'-1 WY �F'"' ly ' \� bn S L �� �"° " II s n �I a n .. ,..,... .... _. ` y sInI gHua+cIcoetnl�+c Tmcu nLSTu - _uu4 M�N 4T aTRACT Na u ill �s CooOwarJ rtalo%s rwco.olwAvul o ..�,.�"� _ - _—__ CAPE ANN mLY IRIna twee aou rulmal rua�n ealw arAa oaa i tnr..wr N[efttaal muRaw mu Raw Tm6lRaw m ....,�..�. -- - anafOLIIK C4*0I caret a a.+u,cuaNn f O 1L J f 1 a — P r� hl I K°!i 3 iil � ;liililir� r t oil its L�'u allIIL Vy n r 1 i e 1 r L 1 \ — e a bl hi 1 tll i A T T ACHMENT N0 a,2. 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UJI ZAAZP J N I ' I II I I tillI 11 � I I I IIII�i I I� I lil�i I II I II I I it I 1 ACHMENT NO 3 (,-- O tt �%f aMou " IT s ,v u-"V x � I \� WaVE MACY MAP TRACT NO 15531 FOR CONDOMINIUM PURPOSES a I f t CAPE ANN "" `°°"°°r�- a a - W — ` _ HOLLY SEACLIFF a w*mLLUWG' w _ _ _ _ _ PLANNING UNIT II 3 r u �y, hQ� > �I t CITY OF HUNTINGTON BEACH • TNACT NO 14662 i�D T \Y MM 114/Id LI \ 00 ,1 "! i F rf i© w iffy u T i �� 1 1 COUNTY OF ORANGE CALIFORNIA Q 9 1 u UJ �3 >r? I! �� . t I!� la D 1�D w!! / tl Jju " P n 61 w 11 1 r i tugs 10IM1A1 uum " cry I C:3 t� Iri °y 1173� u ss u t 1 _ 4C�3 �I _ C� CID e 0 m m m w m m m m 41 I `L, L-D LD V ff—� ���� C 1 a J a—DV J ff D — — - : m m a m I m^ m n m 1 m lu m uti , 2C9 �y E 30 40 p _ `0 H tl tl a " I w tt _ \Fhy1\ am9 vml L D o�> to rmL yu =mplll e— — cp Iu u<etttnwme_ r 7 d Lail" +� s� ilc:l Ip c -1EI W. f fit! ~hS d t trt �altnt \�T� L 1! e� !!I tel ff� 1l�eJ I y `- ,b u I I� �•-s , f I t \� a y ff� ° e� IP e t t , I I pe+w+cB�IASKxtarss�lt+c o "aulN J, t-y -- u`_v EllMI. bI t T a _._T :r _._F p_ f T T r 11W IM ;C5 Mh1 1 o.auwro" u/ourr ucn u�aro Ivn Na x,"T WuHOW Avm enact OU er1u2 CAPE ANN T t�111T TOYd Y@t! OKd ittlm Otte fkem OrGY�I Olrar1Ut1 YAOi _��• (Door a owrA.,c xeo1Nn fQ) 0 5 V & VA r � � TOTAL SQUARE FEET OPEN SPACE COMPARISON OF MEDIUM AND MEDIUM HIGH DENSITY PROJECTS Type/ Open Space Provided Project Name No of Units Private Common Total Attached-evaluated under HSSP Beach Terraces 80 7,500 49,000 56,500 Gre stone Keys' 150 119,900 41,400 161,300 Portslde 156 41,800 54,200 96,000 Detached evaluated under ZSO Constantlne2 29 12,100 4,600 16,700 Gre stone Homes 69 70,800 6,400 77,200 Detached-evaluated under HSSP Cape Ann 1 146 64,900 97,900 162,800 'Project received a variance for a nine percent reduction in common open space 21f non qualifying space is added this project would have 24 900 sq ft of private space 7100 sq ft of common space, for a total of 32 000 sq ft This adjustment allows for a more direct comparison with the other projects in the table SQUARE FEET PER UNIT OPEN:SPACE COMPARISON OF MEDIUM AND MEDIUM NIGH DENSITY PROJECTS Type/ Open Space Provided Project Name No of Units Private Common Total Attached evaluated under HSSP Beach Terraces 80 94 613 707 Gre stone Keys' 150 799 2761 1,075 Portslde 156 268 347 615 Detached evaluated under ZSO Constantine2 29 417 159 576 Gre stone Homes 69 1,026 93 1,119 Detached-evaluated under HSSP Cape Ann 1 146 444 671 1,115 'Project received a variance for a nine percent reduction in common open space zlf non qualifying space is added this project would have 859 sq ft/unit of private space 245 sq ft/unit of common space for a total of 1 104 sq ft/unit This adjustment allows for a more direct companson with the other projects in the table T3 @ � ^ � -. \ t TA , ` T ve, � � } _� g 19 19 g 1 PRIVATE SPACE - GROUNO FLOOR TYP. 3 1 $6ti EBgII �dBQ I{2IaLSE. 16 15 1 90-168 SF 260 SF 350-6 Sy 2 144 SF 260 SF 404 S.F 3 218 SF 250 SF 478 SF 5 215-1 1• FENCE - = PLAN 3L 16 'S PLAN 1R G' N �� 112A R 20 aim k nt zs a lid FLOM t�� C0�£ItED TERRACE 15, PPoVAIE �i� GARDEN (TY ) CM SPACE T IJHT 18 �k E PM1 R FENCE PRIVATE OPEN SPACE ❑ ❑ 230, TTP IRLT it CLEAR 0P26 0 E3 C3- u a PLANTER AREA ' z�1a5 125 PLAN 2L 1 18 CLEAR d 4 PLAN 1 R PRIVATE OPEN SPACE 1 � ,y, l!!fT 15 1 GARDEN PRIVATE"SPACE ❑ ❑ JQJ O ra LUT 18 0 26 ❑❑ 14 �----� °GAROElI - PLAN 1 L ' 1 5 12o GARDEN 19 2(r ,. CLEARR 2z5 `��� - PLAN 2R MVATE OPEN SPACE lHT 14 1 � +�' PRIVATE OPEN SPACE E10❑ 2W UNT 19 I o ❑ ❑❑ ❑❑❑ ❑ g PUT � � FfOIlSE 13 PLANTER AREA PLAN 2L wp� as s -� T 2T �;— CLEAR n5 ZA FLOOR K _' Y7f E PRIVATE 16 20 wr 20 I 260 PLAN 1R ❑ ❑ O� ❑ ❑ ❑ o0 FRONT TO FRMT BMQ SETBACES TYPICAL CLUSTER SCALE mot'=t o 1IT FLOG R� 2[i AVERAGE CAPE ANN TENTATIV - Q� `� P 7 FENCE P TO FENCE It A AVERAGE N �- PR00(FENCE TD PIC10 i FENCE 17 AVt32AGE _ `� �J ,H,� ;Mw,--,E7 -,N -T � 8 1011 , � -MML..T Ac� er a xs Jan 13 98 11 3I7a TOM CLANCY 310-326-0425 p 1 RONALD M PERKS CATHY L PERKS 19142-B HOLLY STREET HUNTINGTON BEACH, CA 92648 714-842-0456 JANUARY 13, 1998 CITY OF HUNTINGTON BEACH PLANNING COMMISSION AND CITY COUNCIL 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ATTENTION MARY BETH BROBREN GENTLEMEN RE HUNTINGTON SEACLIFF CAPE ANN HOMES BY JOHN LAING MRS PERKS AND I BELIEVE THAT JOHN LAING SINGLE FAMILY DETACHED HOMES IN THE CAPE ANN PROJECT WOULD BE SO VERY MUCH BETTER THAN ATTACHED HOMES THERE ARE ALREADY ATTACHED HOMES IN THE HUNTINGTON SEACLIFF MASTER PLAN FOR THOSE WHO PREFER THEM THESE PROPOSED DETACHED HOMES BY JOHN LAING ARE "AFFORDABLE", HUNTINGTON BEACH AND ORANGE COUNTY DO NOT NEED MORE ATTACHED HOMES SINCERELY, /P %ate RONALD M PERKS c►es • • � C VV J AN ® 91999 DATE JANUAR Y 8, 19o8 DEvAR7��EPJT�_ TO THE ?'EMBERS OF THE CITY COUNCIL AND C IKEU�1ITYDENJELOP - P LANIN IYG COP MIS ION OF THE CITY OF FUN T INGTON BEACH, & DPOJECT DT AI NEE, PITARY BETF BROET'EN FROM ?1 A RGITER ITE G 4 LICH, CONCERNED CITIZEN REsiRDING AN ITEM BEFORE THE PL_1I\1TING COYMISIO?T MEETINTG OF JANUARY 13, 1998, TENTATIVE TRACT hO 15531/ CONDITIONAL USE PFRI IT NO 97-65/v&RIANCE NO 97-22 (CADE ANh RESIDENTIAL PROJECT) Applicant John Laing Homes Request* To permit the subdivision of approximately 13 gross acres into a one (1 ) lot subdivision for condominium purposes for development of 146 detached single family homes The conditional use permit request includes a model home sales complex. A variance is requested for a minimum nine (0 ) feet side separation between buildings on the same lot in lieu of 15 feet between two (2 ) story buildings and 20 feet between three (3 ) story buildings . Location Southeast corner of promenade Parkway and Seagate Drive Project planner Mary Beth Broeren I urge you to adhere to the existing city codes and den this request for higher density. I have seen first_ and "The Cape" in San Pedro, a similar project to the Cape A-nn Residential Project planned for Huntington Beach, and it is a disgrace to the human race to see homes built in this day and age zo close to ore another. High density is in fact zoned for this area out in this case the developer is asking for "extreme density" This request for an exception to code should not be allowed. please, ladies and gentlemen, stick to your guns and require the developer to adhere to city codes It is the people of Huntington Beach who will be required to live with the consequences of overcrowding while the developer will have moved on to new conquests . Thank you for your continued diligence And concern for present and future citizens of our city Sincerely, Parguerite Galich 939-10th Street Yuntington Beach, CA 92648 714/960-3978 P 61 January 12, 1998 s TO Members of the Planning Commission and the City Council VIA Mary Beth Broeren FROM Edward E C ar d Gretchen Yeh, 15082 Columbia Lane, Huntington Beach, CA 92647 ,p� l 31998 Cep RsA��4r `Un' `yI RE JOHN LAING HOMES CU��i;ti J„�T t o 1 We are an interested party in the John Laing homes proposed to be built in conjunction with the PLC development In Huntington Beach We would like to take this opportunity to express fo you that given a choice we are definitely in favor of a detached (town) home 2 Our opinion is based on our actual experiew-e When we East moved to this area, we rented a town home The noises (especially the foul language) and the cockroaches were more than we could endure that we vowed never to buy an attached homey In addition to the possible ntusance described above, we found that many attached homes lack natural light, which is an important factor for healthy, comfortable living 3 We had seen John Laing's architectural drawings and plans and are very impressed They are not only aesthetic, but also environmentally sound We have some friends and relatives who are also in the market for new homes and the consensus opinion is in favor of the detached homes In our opinion, the Gty of Huntington Beach should encourage other bwlders to follow John Laing s concept 4 If necessary, we can be roached by phone at 893-7779 Thank you all for taking our views into Lonsideration Sincerely, Edward and Gretchen Yeh Janusry 20, 1908 Dear Tom Thanks for your concern regarding the John Laing "Cabe Ann 'residential 'Project". This project is seriously flawed and there is definitely just cause for apueal Essentially, the develo-oer wants to build sirgle family homes to condo specs 0n oage two of the staff report the reaue-t is to uermit a one lot subdivision for 146 detached condominium units In fact, there is no such thing as a detached condo unit '7ebster 's definition of condominium is li=iv 1 d au 1 owrershio of a unit in a multi-unit structure. ;hat could our planners be thinking of in recoranenaing this contraaletion' zTelp t Sincerely, , titarguerit�Galich 930-10th Street 1-untingtori Beach, CA 92648 714/060-3978 P S Fave enclosed the last flier I received from John Laing's "Cane" in San Pedro. Who knows how manj ,others he 's got going999 JAN 21 1998 City of Huntmg`on Beach City Council Office JOHN LAING HOMES PRIORITY HOMEBUYING CLUB NEW PHASE OPENING PROCEDURES FOR PHASE 2B THE CAPE in San Pedro Sales will commence on Saturday, January 17, 1998 at 10 00 AM For your convenience a sign-in sheet will be available at 10 00 AM in the sales office on Saturday, January 17 1998 Due to the overwhelming response we have experienced, the following procedures have been put in place to allow ample time for personalized homebuying I To secure a place on our priority buyer list you will need to complete our pre-qualification process with a Laing approved financing consultant John Laing Homes will cover the cost of a credit report with our financing consultant A Certificate of Approval will be issued Certificates of Approval will be necessary if you use a lender not approved by John Laing Homes All Weyerhaeuser pre-qualification forms must be received by the Laing sales office one week prior to the Grand Opening it is imperative that you engage a lender as soon as possible If your purchase is contingent upon the sale of another home, John Laing Homes will help you coordinate with a pre-approved listing service 2 Sign In -- To avoid a camp-out and the inconvenience it causes everyone we will open the sales office doors at 10 00 AM on Saturday, January 17, 1998 Inside you will have the opportunity to sign in The sign in sheet will be cross referenced with our priority list We will announce the names in order of the initial priority list (However, John Laing Homes reserves the right to make advance sales to its employees and subcontractors ) Please have 3 homesite (lot) selections readv at this time When your name is called please let us know your lot selection All lots are subject to availability and prior sale Obviously, the sooner you get on our priority list the better your chances of getting the homesite you want A deposit of 3 000, payable to Investors Title Company (ITC) will be necessary and a deposit receipt will be issued to you YOUR LOT SELECTION IS NOW SECURE►► Appointments to complete the remainder of the contractual package will be set We will also schedule additional time during these appointments so that your John Laing Homes sales counselor can give you a personalized tour of your model and explain your options and choices John Laing Homes Grand Opening Procedures Page 2 It is absolutely crucial that your construction choices be made immediately Your home will be started very soon and we must be certain that we incorporate all your preferences into its construction We would like to remind you that John Laing Homes has been rated #1 in customer service and overall customer satisfaction for 4 years in a rows We truly value you as a future Laing homeowner and want your homebuying experience to be a pleasurable one If we can assist you in any way, please do not hesitate to contact us Thank you for your interest in John Laing Homes Sincerely, Mananne Browne Vice President, Sales & Marketing onica Ryan Sales Consultant ,zJ Lam, 2 A cc cam-` June Adkin Sales onsultar�t Nancy Swartz Escrow Manager (310) 832-6515 for The Cape Apr-29-00 12 01P P 0 DATE JANUARY 13, 1998 TO MEMBERS OF THE PLANNING COMMISSION & CITY COUNCIL FROM LIZ RIVERA 6242 WARNER AVENUE, #19H HUNTINGTON BEACH, CA 92701 714/848-1319 RE PROPOSED PROJECT BY JOHN LAING HOMES - CAPE ANN THIS LETTER IS IN FAVOR OF THE PROPOSED CAPE ANN DEVELOPMENT BY JOHN LAING HOMES I HAVE BEEN A RESIDENT OF HUNTINGTON BEACH FOR 11 YEARS I AM A SINGLE, PROFESSIONAL WOMAN WHO DREAMS OF SOMEDAY OWNING MY OWN HOME THIS PROJECT IS IDEAL FOR MY NEEDS I ESPECIALLY LIKE THE FACT THAT IT WILL BE A "DETACHED" CONDOMINIUM THIS WILL MAKE ME FEEL THAT I ACTUALLY OWN A PIECE OF PROPERTY RATHER THAN MERELY A PIECE OF A BUILDING THB FACT THAT THE UNITS WILL BE THREE STORIES AND HAVE A CAPE COD LOOK SUITES THE AREA NICELY I WOULD ENCOURAGE THE CITY OF HUNTINGTON BEACH TO APPROVE THE CAPE ANN DEVELOPMENT SINCERELY, L RA 1 l • I • RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT SUBJECT Appeal of Tentative Tract Map No 15531/Conditional Use Permit No 97- 65/Variance No 97-22 COUNCIL MEETING DATE-t- February 17, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial I Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use • • NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday February 17 1998 at 7 00 PM in the City Council Chambers 2000 Main Street Huntington Beach the City Council will hold a public hearing on the following item 1 APPEAL OF TENTATIVE TRACT NO 155311CONDITIONAL USE PERMIT NO 97- 65NARIANCE NO 97-22 (CAPE ANN RESIDENTIAL PROJECT) Applicant John Laing Homes Appellant Councilmember Tom Harman Re nest To permit the subdivision of approximately 13 gross acres into a one (1) lot subdivision for condominium purposes for development of 146 detached single family homes The conditional use permit request includes a model home sales complex A variance is requested for a minimum nine (9)feet side separation between buildings on the same lot in lieu of 15 feet between two(2) story buildings and 20 feet between three(3) story buildings Location Southeast corner of Promenade Parkway and Seagate Drive Protect Planner Mary Beth Broeren 2 ANNUAL REVIEW OF THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT Applicant City of Huntington Beach Request Review of the Holly Seacliff Development Agreement No 90 1 Annual Compliance Report Location Approximately 450 acres located between Ellis Avenue on the north Huntington Street on the east Edwards Street on the west and the Seacliff Golf Course on the south Protect Planner Mary Beth Broeren NOTICE IS HEREBY GIVEN that Item #1 is covered by Final Environmental Impact Report No 89 1 NOTICE IS HEREBY GIVEN that Item #2 is categorically exempt from the provisions of the California Environmental Quality Act ON FILE A copy of the proposed request is on file in the Community Development Department 2000 Main Street Huntington Beach California 92648 for inspection by the public A copy of the staff report will be available to interested parties at City Hall or the Main City Library(7111 Talbert Avenue) after February 12 1998 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above If you challenge the City Council s action in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing If there are any further questions please call the Planning Division at 536-5271 and refer to the above item Direct your written communications to the City Clerk Connie Brockway City Clerk City of Huntington Beach 2000 Main Street 2nd Floor Huntington Beach California 92648 (714) 536 5227 (g legals council 98CC2172) /_�i S T � SS3I FUBPHEARINC NOTIFICATION CHECKLIST MAILING LABELS 1/14/98 President 1 Huntington r FOA 10 FANS 16 H B Chamber of Commerce F O Box 791 Jim \anthakis 2210 Main Street,Suite 200 Sunset Beach,CA 90742 18586 Main Street,Suite 200 Huntington Beach,CA 92648 i Huntington Beach,CA 92648 Judy Legan 2 William D Holman 11 Edna Littlebury 17 Orange County Assoc of Realtors PLC Golden St Mob Hm Owners Leag 25552 La Paz Road 23 Corporate Plaza,Suite 250 11021 Magnolia Blvd Laguna Hills,CA 92653 Newport Beach CA 92660 7912 Garden Grove,CA 92642 President 3 Mi Tom Zanic 12 acific Coast Archaeological 18 Amigos De Bolsa Chica New Urban West ciety,Inc P O Box 3748 520 Broadway Ste 100 P Box 10926 Huntington Beach,CA 92605 Santa Monica,CA 90401 C to Mesa,CA 92627 Att Jane Gothold unset Beach Community Assoc 4 ies , H B Hist Society 13 Coun y of Orange/EMA 19 P Thies,President O Newland House Museum Mich a 1 M Ruane,Dir FO ox 215 19XacA ach Blvd P O Bo 4048 Sun t Beach,CA 90742 0215 Hon Beach,CA 92648 Santa Ai a,CA 92702 4048 Fresiden 5 Con 14 County of range/EMA 19 Huntingto Beach Tomorrow Hi Reso ces Bd Thomas M hews PO Box 86 Corvices t F O Box 4 8 Huntington ach, CA 92648 20in St Santa Ana,C 92702 4048 Hon Beach,CA 648Julie Vandermost 6 Con Aging 15 Planning Depar iiient 19 BIA OC 17nge Ave Orange County MA 9 Executive Ciicle # 00 Hon Beach,CA 92648 P O Box 4048 Irvine Ca 92714 673Santa Ana,CA 92 02 4048 Richard Spicer 7 Jeff Metzel 16 County of Oi inge/E 19 SCAG Seacliff HOA Tim Millei 818 West 7th, 12th Floor 19391 Shady Haiboi Cncle F O Box 4048 Los Angeles,CA 90017 Huntington Beach,CA 92648 Santa Ana,CA 92702 048 E T I Coiral 100 8 John Roe 16 Planning Dir 20 Mary Bell Seacliff HOA City of Costa Mesa 20292 Eastwood Cii 19382 Sui fdale Lane P O Box 1200 Huntington Beach,CA 92646 Huntington Beach,CA 92648 Costa Mesa,CA 92628 120 Allen censki, 9 Lou Mannone 16 Planning Du 21 Environiii al Board Chairntan Seacliff HOA City of Fountain Valley 20021 Lawson ne 19821 Ocean Bluff Cncle 10200 Slater Ave Huntington Beach, 92646 Huntington Beach CA 92648 Fountain Valley,CA 92708 g labels\phnibls -V) 1-bn'-tS bra- Pe 1w y f j T G 5 3 1 PUBPHEARINC NOTIFICATION CHECKLIST "00 6_3 NAILING LABELS 1/14/98 Planning Ditectot 22 Jelly Buchanan 29 Comitty View Estates HOA 37 City of Westminster HB City Elementary School Dist Gerald Cln'ipman 8200 Westininster Blvd 20451 Claimer Line 6742 Sline Circle 'Vestminstei,CA 92683 Huntington Beach,CA 92648 Huntington Be ich CA 92648 Plan ling Director 23 James Jones 30 neiyle Btowmng 38 City Seal Beach Ocean View Elementary Me owlark Area 211 Ei lit St School district 167 Roosevelt Line Seal Bea h,CA 90740 17200 Pinehutst Lane Huntin n Beach,CA 92649 Huntington Beach CA 92647 California astal Commission 24 Roil Fiaziei 31 Sally Gialiam 38 Theiesa Hen Westntinster School District Meadowlaik Are South Coast A ea Office 14121 Cedatwood Avenue 5161 Gelding Ctic 200 Oceangate IOth Flooi Westnninstei CA 92683 Huntington Beach,C 92649 Long Beach,CA 2802 4302 California Coastal nimisslon 24 Patticia Koch 32 Koll Company 39 South Coast Aiea Of cc HB Union High School Distict 4343 Von K iiman 200 Oceangate, I Oth ooi 10251 Yorktown Avenue Newport Beach, CA 92666 Long Beach,CA 9280 4302 Huntington Beach,CA 92646 Robert Joseph 25 CSA 33 Caltians District 12 730 El Canino Way#200 2501 Pullman St Tustin,CA 92680 Santa Ana,CA 92705 Director 26 \Goldenwest College 34 Local Solid Waste Enf Agy A to Fied Owens O C Health Cale Agency 1 44 Goldenwest St P O Box 355 Hun ngton Beach CA 92647 Santa Ana,CA 92702 New Growth Coordinator 27 OC County ibots,Beach 35 Huntington Beach Post Office and Fvks Dept 6771 Wainei Ave P O Box 4048 Huntington Beach,CA 92647 Santa Ana,CA 927 4048 Marc Ecker 28 Huntington Beach Mall 36 Fountain Valley Attn Pat Rogeis Laude Elementary School District 7777 Edinger Ave #300 17210 Oar.Street Huntington Beach CA 92647 Fountain Valley CA 92708 Dr Duane Dislino 29 Colmhy View Estates HOA 37 HB City Elementary School Dist C-rtie Thomas PO Box 71 6642 Trotter Drive Huntington Beach,CA 92626 Huntington Beach CA 92648 g 1abe1s\phnlb1s N , vin u Slcl wily uie �iawre or any allegation in - " " u y acuwing ewaence under oath produce other reasonably requested obtaining witnesses prosecuting or defending the information or grant permission to secure reasonably such action or proceeding — „„ OR-NO CHARGE a_rA Ouu.e..F o ►%8 Your Ref 111 073 07 (Rerual I JI SNS) ti T �• ray-. First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A First American Title Insurance Company By PARKER S KENNEDY PRESIDENT By James F Gominsky Assistant Vice President ISSUING OFFICE 114 East Fifth Street (P O Box 267) Santa Ana California 92702 (714)558 3211 OR-NO CHARGE --z - Your Ref 111 073-07 SCHEDULE A PROPERTY OWNER S NOTICE GUARANTEE LIABILITY $N/A FEE $N/C Name of Assured WAGNER PACIFIC INC Date of Guarantee JULY 2 1997 1 That according to the last equalized Assessment Roll In the Office of the Orange County Tax Assessor a The persons listed as Assessed Owner are shown on the assessment roll as owning real property within 300' feet of the property identified on the assessment roll as Assessor s Parcel Number 111 073 07 b The Assessors Parcel Number and any addresses shown on the assessment roll are attached hereto Cv T/L. - (SS3 111 071 05 1 1 1 07207 Ill 072 09 Cl HUNTINGTON BEACH PACIFIC COAST HOMES PACIF ST HOMES 2000 Main St PO Box 285 PO Box 285 Huntington Beach CA _ 8� Houston TX 77001 Houston TX 77001 111 07225 11 072 29 111 110 14 HUNTINGTON BEACH COMPANY PACIFIC—COAST HOMES Christopher Joseph Taylor PO Box 7611 PO Box 285 1840 Pine St San Francisco CA 94120 Houston TX 77001 Huntington Beach CA 92648 111 110 15 111 110 18 111 110 19 Jerry Gal►ch Robert Mand►c Jr &Constance Mand►c Bruce&Thomas Greer 939 loth St 16242 T►sbury C►r Evelyn Glick Huntington Beach CA 92648 Huntington Beach CA 92649 18831 Crystal St Huntington Beach CA 92648 111 11020 111 11021 1 1022 Michael Ramsey Karen Pedersen Karen Pe 1881 l Crystal St 610 Main St 610 Main St Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 9 64� 111 11036 111 11037 111 11038 — Paul Novak& South Coast Dba Philip Boodman&Sandra Boodma— Prentiss Custer&Juanita Custer 7181 Garfield Ave 20102 Viva C►r 5771 Terrier Dr Huntington Beach CA 92648 Huntington Beach CA 92646 Huntington Beach CA 92649 111 14002 LIJ 140 04 111 140 10 Donald Weir John a Thomas C F HUNTINGTON BEACH 401 20th St#A *No Site Address City Hall Huntington Beach CA 92648 CA Huntington Beach C 48 111 14027 na 140 36 - 1 11 4037 Gary Everroad& Debra Everroad Dol Donald 9937 Currant Ave 401 20th St#A 401 20th St#A Fountain Valley CA 92708 Huntington Beach CA 9 Huntington Beach CA 2618 11114038 ill 15001 11115002 CIIY HUNTINGTON BEACH Eliezer Nussbaum Kimberly&Nga Nguyen 2000 Main 7931 Professional C►r ,7342- arm PJ 6A SJ-� Huntington Beach CA Huntington Beach CA 92648 Huntington Beach CA i2(<i Ill 15003 111 15004 111 15005 Chauk Pan Chin James Deason& Elaine Deason Clinton Silverman PO Box 8796 4597 Fir Ave 8272 Le Conte Dr Fountain Valley CA 92728 Seal Beach CA 90740 Huntington Beach CA 92646 111 15006 11 0 13 - 111 150 15 Charles Cruzat CITY O TINGTON BEACH Robert Gordon Gowdy 4949 Warner Ave 2000 Main St 19082 Crystal St Huntington Beach CA 92649 Huntington Beach CA 48 Huntington Beach CA 92648 Il 1 - )40-o4 qh ►4-7 e 4cwti a aG,, HB CA 91i.14 8 0-f p ie,J T/Lem L' (5 S 3 I l 1 1 15046 • 1 1 1 15047 J • 159 191 02 Gary Kantor Vickers Ms HUNTINGTON SIGNAL OIL COMP\ 1750 E Desert Inn Rd 1999 Avenue Of The Stars#2000 5362 Oceanus Dr Las Vegas NV 89109 Los Angeles CA 90067 Huntington Beach CA 92649 159 191 05 159 281 01 159 281 02 TINGTON SIGNAL OIL COMP Vic c Ms 1[ Vic Ic Ms 11 5362 Ocean 1999 Avenue e Stars#2000 1999 Avenu The Stars #2000 Huntington Beach CA _ 49 Los Angeles CA 900 Los Angeles CA 9 067-__� 159 281 03 159 1 04 159 281 05 Gloria Bradeson Hassett CITY OF TINGTON BEACH Vickers Llc Ms II 121 Via Mentone City Hall 1999 Avenue Of The Stars#2000 Newport Beach CA 92663 Huntington Beach CA 9 8 Los Angeles CA 90067 159 282 07 , 159 311 12 159 31 1 18 MOLA DEVELOPMENT CORP SEACLIFF P RTNERS H N GTON BEACH CO 5200 Warner Ave, slc 209 520 Broadwa PO Box 28 Huntington Beach CA 92649 Santa Monica CA 90401 Houston TX 77001 159 311 19 15931120 15931121 SEACLIFF PARTNERS SEACLIFF PA TNERS HUNTINGTON BEACH CO 520 Broad ay 520 Broadway 2124 Main St#200 Santa Mo ica CA 90401 Santa Monica A 90401 Huntington Beach CA 92648 159 311 2 159 321 02 159 321 03 HUNTI GTON BEACH CO CITY OF HUN INGTON BEACH CI HUNTINGTON BEACH 2124 M in St#200 PO Box 190 PO Box 190 Huntin ton Beach CA 92648 Huntington Bea CA 92648 Huntington Beach CA 48 15947 01 159 471 04 114 —4-59-+74-95 HUNTI GTON BEACH CO HUNTINGTON EACH CO Plc PO Box 285 PO Box 285 23 Corporate Plaza Dr#250 Houston TX 77001 Houston TX 770 1 Newport Beach CA 92660 159 471 0 159 471 07 1 159 471 08 Plc Plc GREYSTONE HOMES INC 23 Corporat Plaza Dr#250 23 Corporate Plaza Dr#250 7 Upper Newport Piz Newport Bea h CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 159 471 09 159 471 10 159 471 11 GREYSTONE OMES INC Plc Plc 7 Upper Newpor Piz 23 Corporate Plaz Dr 4250 23 Corporate P aza Dr 9250 Newport Beach A 92660 Newport Beach CA 92660 Newport Beac CA 92660 159 471 12 q0 159 472 02 159 472 03 Plc GREYSTONE HO ES INC GREYSTON HOMES INC 23 Corporate Plaz Dr 4250 7 Upper Newport Iz 7 Upper Ne ort Piz Newport Beach A 92660 Newport Beach C 92660 Newport Be h CA 92660 T ( ss� 5 159 472 04 1�9 472 0�) 159 472 06 / c,REYSTONE HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES INC 7 Upper\Newport Piz 7 Upper Newport Piz 7 Upper Newport Piz Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA/92660 159 472 07 159 472 08 159 472 09 / GREYSTONE HO ES INC GREYSTONE HOMES INC GREYST NE HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz 7 Upper ewport Piz Newport Beach CA 92660 Newport Beach CA 92660 N ew Beach CA 92660 159 472 10 159 472 It 12 GREYSTONE HOMES INC GREYSTONE HOMES INC STONE HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz i 7 Upper Newport Piz Newport Beach CA 92660 \ Newport Beach CA 92660 Newport Beach CA 92660 159 472 13 1 9 472 14 159 472 15 GREYSTONE HOMES INC GI�YSTONE HOMES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upp4r Newport Piz 7 Upper Newport Piz Newport Beach CA 92660 Newpo Beach CA 9266 Newport Beach CA 92660 159 472 16 c' 159 472 17 159 472 18 GREYSTONE HOMES INC GREYSTONE MES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upper GREYS; rt PITS 7 Upper Newport Piz Newport Beach CA 92660 Newport Beach CA 9 660 Newport Beach CA 92660 159 472 19 159 4 2 20 159 472 40 GREYSTONE HOMES INC G YSTONE HOMES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 pper Newport Piz 7 Upper Newport Piz Newport Beach CA 92660 ewport Beach CA 92660 Newport Beach CA 92660 159 472 41 , � 159 472 42 T+ 15947243 GREYSTONE HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz Upper Newport Piz Newport Beach CA 92660 Newport Beach CA 92660 Ne port Beach CA 92660 159 472 44 0,6 159 472 45 17 159 472 GREYSTONE HOMES INC GREYSTONE HOMES INC GREYSTO HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz 7 Upper Newp Piz Newport Beach CA 9266 Newport Beach CA 92660 Newport Beach 92660 159 472 47 / 69 159 472 48 1-7 159 472 49 GREYSTONE H0,v� S INC GREYSTONE HOMES INC GREYSTONE HOMES 1 7 Upper Newport P z 7 Upper Newport Piz 7 Upper Newport Piz Newport Beach A 92660 Newport Beach CA 92660 Newport Beach CA 92660 159 472 50 159 472 51 159 472 58 GREYSTONE HOMES INC Vickers Residential Llc Shea GREYSTONE HOMES INC 7 Upper Newport Piz NO STREET NAME or NUMBER 7 Upper Newport Piz Newport each CA 92660 CA Newport Beach CA 92660 0-pp�e�T (i,� ►�® 159 472 59 159 473 01 159 473 02 GREYS�?NE HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES C 7 Upper Ne vport Piz 7 Upper Newport Piz 7 Upper Newport Piz Newport Bea CA 92660 Newport Beach CA 92660 Newport Beach CA 2660 159 473 03 159 473 04 159 473 05 GREYSTONE HOM INC GREYSTONE HOMES INC GREYST E HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz 7 Uppe ewport Piz Newport Beach CA 9266 Newport Beach CA 92660 New rt each CA 92660 159 473 06 159 473 07 159 473 08 GREYSTONE HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz 7 Upper Newport Piz Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 159 473 09 59 473 10 159 473 11 GREYSTONE HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Up er Newport Piz 7 Upper Newport Piz Newport Beach CA 92660 Newp Beach CA 92 0 Newport Beach CA 92660 159 473 34 159 473 36 1 159 473 37 GREYSTONE HOMES INC GREYSTONE OMES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upper New ort l 7 Upper Newport PI Newport Beach CA 92660 CA CA 159 473 38 _ 159 7401 159 474 02 GREYSTONE HOMES INC G YSTONE HOMES IN GREYSTONE HOMES INC 7 Upper Newport PI Upper Newport Plz 7 Upper Newport Piz CA Newport Beach CA 92660 Newport Beach CA 92660 159 474 03 159 474 04 r 15947405 GREYSTONE HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz 7 Upper Newport Piz Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 159 474 06 7 t 159 474 07 ' 159 474 08 GREYSTONE HOMES IN GREYSTONE HOMES INC GRE�STONE HOMES INC 7 Upper Newport Piz 7 Upper Newport Piz 7 UppeYNewport Piz Newport Beach CA 926 0 Newport Beach CA 9266\ Newport each CA 92660 15947409 159 474 10 159 474 11 GREYSTONE HO ES INC GREYSTONE HOMES INC GREYSTONE MES INC 7 Upper Newport z 7 Upper Newport Piz 7 Upper Newport z Newport Beach A 92660 Newport Beach CA 92660 Newport Beach CA 2660 159 474 12 159 474 57 159 474 58 GREYSTON HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES IN 7 Upper Ne port Piz 7 Upper Newport Piz 7 Upper Newport Piz Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 T'`�" 5 159 4 4 )9 159 474 60 '• 159 474 61 GREY T�E HOMES INC GREYSTONE HOMES INC GREYSTONE HOMES INC 7 Upper Newpo Plz 7 Upper Newport Piz 7 Upper Newport Piz Newport Beach C 2660 Newport Beach CA 92660 Newport Beach CA 92660 159 474 62 159 474 63 _ 159 474 64 GREYSTONE HOMES INC GREYSTONE HOMES INC GREYSTONE H ES INC 7 Upper Newport Piz 7 Upper Newport Plz 7 Upper New Piz Newport Beach CA 92660 ewport Beach CA 92660 Newport B ch CA 92660 159 474 65 1594746 9 474 67 GREYSTONE HOMES INC GREYSTONE MES INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upper Newport P 7 Upper Newport Piz Newport Beach CA 92660 Newport Beach CA 92 60 Newport Beach CA 92660 159 474 68 159 474 69 159 474 71 -t`1 GREYSTONE HOMES INC GREYSTONE HOM INC GREYSTONE HOMES INC 7 Upper Newport Piz 7 Upper Newpo 7 Upper Newport PI Newport Beach CA 92660 CA 159 474 72 47475 13 159 474 76 GREYSTONE HOMES INC GREYSTONE HOMES INC GREYSTONE H ES INC 7 Upper Newport PI 7 Upper Newport PI 7 Upper Newport PI CACA 937 400 01 937 400 02 937 400 03 Douglas Allin Potter Tonya Anthony Christian& Stacey Deangelis 8828 Lawrence Ave 19235 Shoreline Ln#3 19235 Shoreline Ln #4 Westminster CA 92683 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 04 937 400 05 937 400 06 Betsy Fisher Jacquie Manning Grant Mosher& Sheryl Goodrich Mosh 19235 Shoreline Ln #5 19235 Shoreline Ln 96 19235 Shoreline Ln#7 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 07 937 400 08 �� 937 400 09 Elizabeth Pedersen David&Jeanne Arndt Suzanne Wajda 19235 Shoreline Ln #8 Christ Arndt Betz 19215 Shoreline Ln #2 Huntington Beach CA 92648 19215 Shoreline Ln #1 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 10 45 937 400 11 '4 937 400 12 _ Jane Reynolds Kevin D Parmentier Pau 19215 Shoreline Ln #3 19215 Shoreline Ln#4 19215 Shoreline Ln Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 926 937 400 13 i 36 937 400 14 ` 937 400 15 — Ronnie Zacker Phillip Hutcherson&Victoria Hutchers David Vensel 19215 Shoreline Ln 46 19215 Shoreline Ln#7 19215 Shoreline Ln#8 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 16 93`00 17 937 400 18 Francine Silver Cheryl-Cormack Jan Bartholomay 818 Elm St 19195 Shoreline—Ln 19195 Shoreline Ln 43 El Cerrito CA 945-)0 Huntington Beach CA 264 Huntington Beach CA 92648 937 400 19 937 400 20 -937 400 21 Lucy Karels Nancy Hitchman Duke Cns in Rann Cobb 19195 Shoreline Ln #4 17628 Santa Maria St 20371 Pensmore Huntington Beach CA 92648 Fountain Valley CA 92708 Huntington Beach CA 92 937 400 22 937 400 23 937,T John& Sharon Baker Daniel Rowe John Markwit laudia Markwith 19195 Shoreline Ln #7 19195 Shoreline Ln 19185 Shoreline Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 25 937 400 26 937 400 27 Eldon Roy Miller& Alice Miller Deron Gilmore Ann Lennon 10042 Cynthia Dr 19185 Shoreline Ln 3 19185 Shoreline Ln #4 Huntington Beach CA 92646 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 28 937 400 29 937 400 30 ' Michael Presti James Arena Lexie Bauer 2505 N Linwood Ave 1 174 Diamond Bar Blvd -:S�c fib ) 19282 Highland View Ln Santa Ana CA 92705 Diamond Bar CA 91765 Trabuco Canyon CA 92679 937 400 31 937 400 32 1`L 937 400 33 David& Sharron Lansaw Paula Jones Paul Dobrasin 19185 Shoreline Ln#8 2150 Mandeville Canyon Rd 1304 San Vicente Blvd Huntington Beach CA 92648 Los Angeles CA 90049 Santa Monica CA 90402 937 400 34 = 937 400 35 937 400 36 Frank Zilko Mary Cecilia Powell Paul Murphy 8171 Racepoint Dr#102 16602Busby Ln 19165 Shoreline Ln #5 Huntington Beach CA 92646 Huntington Beach CA 92647 Huntington Beach CA 92648 937 400 37 1 S1? 937 400 38 l 937 400 39 Eric Macklin �' Edwin Halpin III Hyman& Wing Cnppen 19165 Shoreline Ln 19165 Shorelme Ln#7 19165 Shoreline Ln #8 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 40 171 937 400 41 1�4 937 400 42 Leland Voyles Hildegard Buthe Edward Quesada& Connie Quesada 7445 Seastar Dr#1 6511 Cnsta Palma Dr 3814 Teakwood Huntington Beach CA 92648 Huntington Beach CA 92647 Santa Ana CA 92707 937 400 43 r l 937 400 44 937 400 45 ' Paul Lipscomb&Nancy Merlino Sarah Aughton David Moore 2074 Fullerton Rd 6172 Fernwood Dr 7445 Seastar Dr#6 La Habra CA 90631 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 46 937 400 47 937 400 48 9 Troy& Linda Zer►llo Eric Lee& Sherin Sabet James Langlo►s 7445 Seastar Dr 47 7445 Seastar Dr#8 7415 Seastar Dr#l Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 t -g3'7--Op 49 937 400 50 937 400 51 L Susan Ga►-i tz Elizabeth Ann Minnie Patti Ann Leonheart 7415 Seastar Dr 1747 Park St 7415 Seastar Dr 44 i Huntington Beach CA 9_ Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 52 -, 9937� 400 53 "� 937 400 54 Eric Hartman Kober&Mary Shaw Mark M►ller 1 19702 Drybrook Ln 7415 Seastar B 6 415 Townsquare Ln 9210 Huntington Beach CA 92646 Huntington Beach C 48 Huntington Beach CA 92648 I 937 400 55 t 937 400 56 93Z�40 0 57 Paul Westerbeck Maxine Miller John Dad 7415 Seastar Dr#8 7402 Seastar Dr 91 7402 Seastar Dr Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA i t 937 400 58 937 400 59 ltir 937 400 60 Gary Louis Edd►ngton John Edwards Kathryn Saenz i 7402 Seastar Dr#3 7402 Seastar Dr 94 7402 Seastar Dr#5 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 i 937 400 61 937 400 62 c 937 400 63 Philip Lee Timothy Brewer Lisa Fox 7402 Seastar Dr 96 7402 Seastar Dr 47 7402 Seastar Dr#8 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 I 937 400 64 937 400 65 k 937 400 66 i Andrea Wennerberg Ramona Gutierrez Charles Fox i 7422 Seastar Dr#1 7422 Seastar Dr 92 6192 Sonoma Dr i Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92647 937 400 67 937 400 68 937 400 69 "t Robert S►minsk► Judith Chappell Charles E G Leech 7422 Seastar Dr 44 180 Dakota Ave#41 17442 Kurt Ln Huntington Beach CA 92648 Santa Cruz CA 95060 Huntington Beach CA 92647 93-7-4Q 70 y 937 400 71 j l 37 4007 -R David Cupe Leslie Barry M►c ooney 3878 Howard Ave 7422 Seastar Dr#8 19105 Shore ► Los Alamitos CA 90720 Huntington Beach CA 92648 Huntington Beach CA 48 937 400 73 I a 937 400 74 t �'� —937 400 75 L t r Nell Casey&Marilyn Casey Linda Art►nger Sh►e►e la Mare alavas► 11199 Lavender Ave 19105 Shoreline Ln 43 19105 Shorelme n 4- Fountain Valley CA 92708 Huntington Beach CA 92648 Huntington Beach CA 9264� 9-'7 400 76 937 400 77 _ 937 400 78 Dorothea Stagel William &Geraldine McWilliams �'� Walter Janis Jr 19105 Shoreline Ln #� M John 19105 7 Shoreline Ln Huntington Beach CA 92648 18685 Main St#399 Huntington Beach CA 92648 3' 937 400 79 937 400 80 937 400 81 Sandra Turner Glenn& Vickie Anders Jack Kintz& Muriel Kintz 19105 Shoreline Ln 98 19092 Shoreline Ln#1 16891 Lark Ln Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92649 937 400 82 937 400 83 937 400 84 Philip Denny John Hester Darrel Clouse 19092 Shoreline Ln #3 19092 Shoreline Ln#4 19092 Shoreline Ln #5 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 85 937 400 86 937 400 87 Harold Schaffer Frank Lewis Mark& Margaret McLaughlin 19092 Shoreline Ln#6 19092 Shoreline Ln#7 19092 Shoreline Ln#8 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 400 88 —t: 937 400 89 937 400 90 Fred Stepp ~— Stephanie Bates Hans Anderson f 19072 Oceanport Ln#1 64109 Doral Dr 19072 Oceanport Ln #3 Huntington Beach CA 92648 Desert Hot Springs CA 92240 Huntington Beach CA 92648 937 400 91 f 937 400 92 - 937 400 93 Brian Whitfield Lynn McCreary Luann Bailey 19072 Oceanport Ln#4 3586 Oakridge Dr 19072 Oceanport Ln#6 Huntington Beach CA 92648 Bountiful UT 84010 Huntington Beach CA 92648 094 ;1 �' 937 400 95 1.7 f 937 400 96 Karen Fran Marlene Koester Paul Adams 19072 Oceanport L 16 Cabrillo Rd 19052 Oceanport Ln #1 Huntington Beach CA 92 Arcadia CA 91007 Huntington Beach CA 92648 937 400 97 2 3 937 400 98 < < t 937 400 99 Thomas Carey Miguel NaJera Peter Penland 22062 Rockport Ln 19052 Oceanport Ln#3 19052 Oceanport Ln 94 Huntington Beach CA 92646 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 00 937 401 01 937 401 02 i Douglas& Karen Twichell Edward Kwak& EunJu Kwak Lawrence& Erin Hills 19052 Oceanport Ln 95 PO Box 6253 19052 Oceanport Ln #7 Huntington Beach CA 92648 Pico Rivera,CA 90661 Huntington Beach CA 92648 937 401 03 j' 937_4011 04 937 401 05 Mehmet Oguz& Sheree Soykok CALIFOR-NU&.HOUSING FINANCE' Faiz Frank Khalaf 19052 Oceanport Ln#8 19075 Oceanport Llr#� 19075 Oceanport Ln#2 Huntington Beach CA 92648 Huntington Beach CA Huntington Beach CA 92648 l l 937 401 06 937 401 07 937 401 08 Hilda Cusson &Cusson Richard Mak►moto Richard Stone 1000 Palm Ave 501 22nd St 19075 Oceanport Ln 45 San Gabriel CA 91776 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 09 937 401 10 937 401 11 Arthur& Florence Johnson Fred Offenhauser Jr Richard Lee Streitfeld 19075 Oceanport Ln#6 19075 Oceanport Ln 47 19075 Oceanport Ln #8 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 12 937-401 13 937 401 14 James Gross Michael M►lb Stacey H Miles Lars& Deborah Bowers Olson 19112 Oceanport Ln 41 19112 Oceanport Ln 19152 Shoreline Ln#5 Huntington Beach CA 92648 Huntington Beach CA 9264 Huntington Beach CA 92648 401 15 r it 16 I + 937 401 17 ! Carol o Jan Wolf Eric May& Diane May 19112 Oceanport 19112 Oceanport Ln 19112 Oceanport Ln#6 Huntington Beach CA 9 6� Huntington Beach CA 92 Huntington Beach CA 92648 937 401 18 U ; 937 401 19 937 401 20 Frank Jester& Shyrlee Jester Frank Magursky&Magursky Duane Zellers 19112 Oceanport Ln#7 19112 Oceanport Ln#8 19132 Shoreline Ln #1 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 21 937 401 22 937 401 23 James►na Eloise Hamilton Thomas Carts Van Tuyl James Otto &. Bette Otto 19132 Shoreline Ln#2 200 Main St#115 15552 Wild Plum C►r Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92647 937 401 24 i i - 937 401 25 '+ 937 401 26 J Maria Bogdanoff R.J Garnaus&Garnaus Lisa Ann Thomas 2929 Waverly Dr#318 19132 Shoreline Ln 96 19132 Shoreline Ln#7 Los Angeles CA 90039 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 27 937 401 28 937 401 29 J " Doris Edwards C/o Jamieson Jamieson Hopkins Barbara Givens 8672 Franciscan Cur 19152 Shoreline Ln 19152 Shoreline Ln #2 Huntington Beach CA 92646 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 30 1 , 937 401 31 937 401 32 Jeffrey Beauvais Denise Jetton Salyer Lars& Deborah Bowers Olson 19152 Shoreline Ln #3 PO Box 678 19152 Shoreline Ln 95 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 33 937 401 34 ,�;, 937 401 35 Timothy Harding Amy Mau Drew Campanella 19152 Shoreline Ln#6 19152 Shoreline Ln#7 19152 Shoreline Ln 98 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 . Gepe.,,QT� s�l 937 401 -)6 937 401 37 937 401 38 Jack Carl Kintz& Muriel Kintz Michael Green Leland& Dolly Dey 16891 Lark Ln 105 42nd Ave 19882 Providence Ln Huntington Beach CA 92649 San Mateo CA 94403 Huntington Beach CA 92646 937 401 39 937 401 40 937 401 41 Diane Groh Tossaporn Keschamrus Sr & Edward ( Merle Smith& Etta Smith 19172 Shoreline Ln #4 19172 Shoreline Ln#5 3595 Courts►de Cir Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92649 937 401 42 937 401 43 937 401 44 Holly Horton Thsa► Ten Lin& Kwe► Fuan Lin David Burwick 19172 Shoreline Ln 97 6821 Scenic Bay Dr 19192 Shoreline Ln #1 Huntington Beach CA 92648 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 45 i 937 401 46 937 401 47 ' Am►r&Akiko AghaJani Tho� low Leona Johnson 19192 Shoreline Ln#2 20682 Queens n 19192 Shoreline Ln#4 Huntington Beach CA 92648 Huntington Beach CA 6 Huntington Beach CA 92648 937 401 48 ' " 937 401 49 937 401 50 ✓�r Fredric Batkin Robert Morrison Suzanne Horsburgh 1305 Crestview Ave 19192 Shoreline Ln#6 419 Main St Seal Beach CA 90740 Huntington Beach CA 92648 Huntington Beach CA 92648 937 401 51 <. '9' 1 52 937 401 53 Dina Gartland Michael John Pigaty 19192 Shoreline Ln#8 19222 Shoreline Ln 19222 Shoreline Ln#2 Huntington Beach CA 92648 Huntington each CA 92 Huntington Beach CA 92648 937 401 54401 55 -'5' 937 401 56 Thomas Pesch&Sherril Render Pesch Maria till CALLAGHAN AMBROSE JAMES 3R 25981 El Barat 19222 Shoreline- 4� 19222 Shoreline Ln#5 Laguna Niguel CA 92677 Huntington Beach CA 8\ Huntington Beach CA 92648 937 401 57 tF� 937 401 58 937 401 59 Christopher&Cynthia Harlambakis Jr Raymond Grish&Veronica Grish Carolyn Williams 21732 Saluda Cir 19222 Shoreline Ln#7 PO Box 3565 Huntington Beach CA 92646 Huntington Beach CA 92648 Dana Point CA 92629 i Ili 1 10 1-) Ill l t 0 ZU m 1 l -) 3-1 „ C--T�p—� c1,c 1�c�� ��C� n�S� 1�,110 ►j���rv�c�s� t�5"1�'I Z �k�.�c.a �- S�- t�1`3� Z \Jam-� l(5--�`d5 l„� tr2cvS ���1��c�--ic.► G� c ok\gool 3S 1 31� �z V�ec-VQw- " rto l(�-- a c,l� a�l�fS I�toc� ► Cr���1-�.�-Q � ��`SJ'� -�►-t-sc,an �Y �z � ti�cx����-�-� 4kv✓�1►.c � 66-01 (A of 2(��(� � I C � �� (& 1 1 1 073 02 1 1 1 073 03 1 1 1 073 05 PACIF[I AST HQM - ACIF[C COAST HOMES IC COAST HOMES PO Box 285 PO Box 285 PO Box 285 Houston TX 77001 Houston TX 77001 Houston TX 77001 -11DD D Us V)tL c/,) Ibym-D' ` v Ctc _4 5 �s� � L.h -t 1L_ �l 51 -CQ,r�r a c5z— Sl c Z z 5 c,p Sl-c e` ire S C-desire T O f 10- 1� 30 Y't t roc �r t��' ►31J,� ���� T� �r, Ic a L �� t155 (a v��-1 � t� cam,C.f� �Z�� �.(��.-1��.�- � C,� `'►�—1`,� �3-j-4001 T a3-►`1��21 c,�-- 2��1 P, ,Q-C �� � 10 3 14s-1 3�5 Scar-+��- Zs���rc< <�,-4 v c,A �Iz�og �r �c� CA a3a5'-1 oi3-1�-tJo2`'t q3-1 �-to033 �3� �-t���1�1 �,48L G+r 5k gym, OV 6)ISD SG 1�iz� rb✓ I cc- , 0'-07 g2cv`i°I ' q31 I(-)a 3 �3�1wo'D6-i �+3� ►moo-zC� Pie�k Sv�r Ti � 1 DC-� l021 Svr�Cove, 13�1Z f'1c� mac. 5 r�c- ���t &aol,4, o►2( Lt` I` 1AC F� a12'ic5 O l_ 1 I PA IJ13� 11 A�1r��o lxn ZSS`b 2 5 r'1 c� Lam- ►�►� �1551(� �eab+�e - 7,( 010- �A gZ&yq ���a t-, k'S, GA 0)130� 1�v�+,,.cJ�� �a��1 12�ZU1 (� �i 3�1 10 1 DI-1 a 3'1`l o l t 3 314-)1 15 Nc�c� gvr r h5 ye�o,� c c*-- 12ac 2 `�- LI�/C✓✓YV�' 1L1� aLt55�� 1I ��CJ �r1 4?EC,ch, A 112L"l r Sr--t 2U' 2- (P 3- 1 q0 ► 25 co�(��� � -rnas Tr' I� �aC 1 d`s 3 ✓kr� +r� d� Co riy\�j CA a5 0�,,o h jk��cfa aL�k, 2 U,-l a�� 12 co -01 L a 3-1 -11 ICU LID c-- /1vLttiTl�Ol�tiC�s �v��C�S 13c���Io1J �v�c�-r�r�- Il�rsL �C � GIGat'i �J}J� iI1 ie-LU by CR �12(n�11 LC� �t�Cr � I t ��c a 2(�S 5 �c�.>nt� ► ( rt c[1 21�t� �+31` 152 �,3�1' IJ15�I 3-7q 155 H(,r1 — i\v t I�, -- 111u ►Lc7GI 5d �--D)ecp , L� a212�1 .'�c� ��►�k�� a2c�2� I ��� I, 1����, > l'c��4�G/� Zt� c� • • CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT o-- y-C-17o, k O0 V54-2,1 rf o--D �-kc of r'on�.=� tJ o DEPARTMENT Cnre�c�-.ire vb MEETING DATE CONTACT PHONE N/A YES NO ( ) N ( ) Is the notice attached? ( ) YA ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date day and time of the public hearing correct? If an appeal is the appellant's name included ui the notice? ( ) ( ) If Coastal Development Permit, does the notice include appeal language? Is there an Environmental Status to be approved by Council? ( ) Is a map attached for publication? ( ) ( ) ) Is a larger ad required? Size ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? ( ) ( ) ( ) Are the applicant's name and address part of the mailing labels? Are the appellant s name and address part of the mailing labels? ( ) ( ) If Coastal Development Permit, is the Coastal Comrrussion part of the madmg labels? ( ( ) ( ) If Coastal Development Permit are the Resident labels attached? ( ) ( ) Is the33343 report attached? (Economic Development Dept items only) Please complete the following 1 Muumum days from publication to hearing date C) 2 Number of times to be published 1 3 Number of days between publications Q • • ML o MEETING DATE February 17, 1998 DEPARTMENT SUBJECT REQUESTING / Community Development Tentative tract No 15531/CUP 97-65Nariance 97-22, Cape V/ Anne - John Laing Community Development Holly Seacliff Development Agreement TODAY'S DATE January 29, 1998 VERIFIED BY ADMININSTRATION APPROVED BY Q "eq,..- Ray Sliver Acting City Administrator 1/29/98 1 22 PM of Huntingtoln,Beach _ ^� ce of tFj?City Clerk /- PO Box 190 •�0��+ w • gton Beach CA 92648 _ _ 05 jINS T 937 400 88 ` �► �,` Fred Stepp �- ��� 19072 Oceanport Ln 41 Huntington R—rh ( A o'),<du 57EP072 S'd6484016 15gl 16 02/10/96 RETURN TO SENDER S STEPP `��►tt��1 �O� MOU F N NABLETOF 55 FORWARD ` []FTI Ior'l T!l CCn nCr'1 - �#IV I LEGAL NOTICE- PUBLIC HEARING ss64a ;1,4#ch-01 0, ice of the City Clerk ---- IT, \ P O Box 190 u gton Beach CA 92648 "" ' __ an 111 - 150-10 �a 3 l Pr�ss I can o---Q G✓ IN6Tp,�' —l _ y l lS J C rib E m ANTI ( Tr- i` LEGAL NOTICE - PUBLIC RING �� 1�� t (( f ({ ( j S�T{T�E F1 eP'T EWE r) 5 { '�26a$ r k► � II I ii tllill iliilliddl ,il,Illil III I,ii,ll, I,Ild, KNOWN f Huntington Beach e of the City Clerk _ PO Box 190 ton Beach CA 92648 - C�, Rai l/, r�NCTpN RcN sa 4j 937 401 50 -�'`►G,S/ F� SIN6Tp Suzanne Horsburgh �'� 419 Main St Huntington Beach CA 92648 — s AFT! RIJ �� �dvNT-r LEGAL NOT E- PUBLIC HEARING 32�a� c,vto 3=.�..�►��t�1'�{s 11 I � � 11 , � �l 1 Ii ill � fl 1 i �i � �i Irockway,City Clerk Huntington Beach 11 le of the City Clerk 'O Box 190 in Beach, CA 92648 1 f � killsTQ , 1 1 1 1 10 37 Philip Boodman& Sandra Boodman_ 20102 Viva Cir Huntington Beach CA 92646 �NTr LEGAL NOTICE - PUBLIC HEARING 3tFa�. c,•.sca I{�I,���i�l�ll���l� I,il„�f��ll�i„�1��1��1�{11�����1�l��Itii Brockway City Clerk "If Huntington Beach .e of the City Clerk - P O Box 190 fton Beach CA 92648 ` " - " W - - 93/ 400 03 Christian& Stacey Deangelis � SINSTQ , 19235 Shoreline Ln #4 Huntington Beach CA 92648 =� y tEGAC NOTICE - PUBLIC HEARING ii I �,i lfif�� f ii� I li 1{I I i{ I I It 11 {I i9ton aeacn LA y1b" — ti Douglas Allin Potter F� jlin6TQQ, 8828 Lawrence Ave Westminster CA 92683 _ POTT526 926635014 1596 22 02/10/98 9-37 400 0; FORWARD TIME E^P RTN TO SEND 10101R KNUTP CIR �� r' , �Q• VILLA PARK CA 92861-43 NTr LEGAL NOTICE - PUBLIC HEARING '3.z6e+3 a,vzn I IIJ111 11111111 Connie Brockway City Clerk City of Huntington Beach J ` Office of the City Clerk c� P O Box 190 0 t 1 10 Huntington Beach CA92648 LTfL_ ` _.mot -- u ):t' Ck 0\� vX I � SIN6Tpr IS ^�!r_�a-n-c•--+- r..�� '" '[1� �V�'`�VI V "12�0 1-I ��asx�.���svr,. .. ..sistxa�s.S �f6F ''��e,K• `�i r f�P� r r t'f T UP N w�----.�-1 k _ TV SR (1l��rt��� - LEGAL NOTTC - IC HEARING ( li-} It'll fill - City of Huntington Beach r L' S Office of the City Clerk PO Box 190 Huntington Beach CA 92648 -4047 TIN6T ��'�," A,w � r1 1 1 07225 tOF� pad W ` „{yi HUNTINGTON BEACH COMPANY a � _ '`• ��� '� ' a PO Box 7611 San Francisco CA 94120 9 y � Alt NTI LEGAL NOTICE- PUBLIC HEARING s4vzo auto l(1+1+11(111Il1 fill Connie Brockway City Clerk City of Huntington Beach Office of the City Clerk P O Box 190 i Huntington Beach CA 92648 _: 937 400 18 Jan Bartholomay �a 4A 19195 Shoreline Ln 43 Huntington Beach CA 92648 I p LEGAL NOTICE - PUBLIC HEAR�NG / ' �' Il,ililliilililllliill,11lilt illlllllllllliilil 11111 Ilili n � 1 Connie Brockway City Clerk l City of Huntington Beach U Office of the City Clerk b �; 1 PO Box 190 Huntington Beach CA 92648 y• =_j ,� _ 1� % �- t- a�x 47F��Pt'1 937 400 65 y ��stlN6jp�, Ramona Gutierrez ~"�`4A�.�� 7422 Seastar Dr 42 y Huntington Beach CA 92648 oI:1..•, IV I LEGAL 61'CE"- C HEA�j-�p,,,�G�-*F ] �Z.b��-'�1�i«Y+L�3R iIlII{Illlllllllll11111111l11111 �lli �iiJlit�tii fililllfiil I�Iliil�l ilFiii� Connie Brockway City Clerk M City of Huntington Beach r Office of the City Clerk -� PO Box 190 I iLu Huntington Beach CA 92648 r �4 rt- It Gly {(, M_ tt nY x nn�\vl TIN6T 937 401 19 O,r K Frank Magursky& Magursky • """1`�e�,� `1 19112 Oceanport Ln#8 y Huntlnt:tnn Rearh CA 9?64R MAGU112 92d484015 1696 06 02109/95 FORWARD TIrIE Er P RTN TO SEND MAGURSV Y 12 IRVINEACAW92620 Ntr ` LEGAL NOTICE- PUBLIC H E�.RVq:,, I I II! I,il ! , III !! I. I► I I !� "3264a "\310 11lI!!!lI�I:II!!!I!!il!!I!!l+ili Connie Brockway City Clerk City of Huntington Beach Office of the City Clerk P O Box 190 f 1 V J Huntington Beach CA 92648 IN6TQ 937 400 79 Sandra Turner 19105 Shoreline Ln#8 p� y Huntington Beach CA 92648 I _ t!r'E i URrJ �QUNtr � LEGAL NOTICE- PUBLIC HEARING � `�� �'� l r� I �i� itl�lllfl�iflflllffl�ellt :11111111 ilI M 11 1 III I 1 lit) Connie Brockway City Clerk 1 O City of Huntington Beach 1� �� , '✓' �,s Office of the City Clerk U PO Box 190 C J , t Huntington Beach CA 92648 159-281-03 INJ G3 oria Bradeson Hassett 121 Via Mentone � 1INS jpr Newport Beach CA 92663 s PASS121A 926631027 1297 27 02/09/98 FORWARD TIME E.,P RTN TO SEND I-ASSETT GLORIA 5 RUE CANNES pit , NEWPORT BEACF, CA 92660-590 1 TV LEGAL NOTICE- PUBLIC=HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P O Box 190 Huntington Beach CA 92648 =` ? =uk'L b a� � 1IN6j��, 937 400 99 \ 40, I Peter Penland y J 19052 Oceanport Ln #4 _ Huntm PENLO52 926484015 IA96 06 02/09/98 FORWARD TIME Er P RTN TO SEND PENLA ND 220 13TH ST HUNTINGTON BEACH CA 92648-4824 �ouNTr � LEGAL NOTICE- PUBLIC HEARING r _ i }i -� (] i , i •j�6ab aU-TO.+'���F'L�l���l �1'�iFll iilllilTllilllEll�lT ill T��ITITI lilltitt�lll ill j Connie Brockway, City Clerk City of Huntington Beach ` F Office of the City Clerk J r P O Box 190 - Huntington Beach C 937 400 23 INGTQ , Daniel Rowe d 19195 Shoreline Ln • = �� � �'1�. Huntington Beach CA 92648 � s fi �QUNTr LEGAL NOTICE— PUBLIC HEARING , ' Connie Brockway City Clerk City of Huntington Beach Office of the City Clerk (J P O Box 190 II r Huntington Beach CA 92648 :u -- G tom' 111 15001 ���►SINGTQ,r Eliezer Nussbaum 7931 Professional Cir Huntington Beach CA 92648 � s RETUR t6° `n+a°+w• RETURN — N `� AT T L ,r'Tr ;LEGAL NOTICE— PUBLIC HEARING riU i 1, '_i ij s264e, "a; e —�i Il,li, ililill�iil►illi,�illiiiiiilllils,lliii(il ill.i�iil+l( — Connie Brockway City Clerk City of Huntington Beach Office of the City Clerk b f 1 P O Box 190 Huntington Beach CA 92648 0�v -0.4 w Q O SING 937 401 18 ��► Q' Frank Jester& Shyriee Jester • a ��~'"�. ��� 19112 Oceanport Ln 47 S Huntingtor. RParh rA wmAR JEST112 926484015 1297 06 02/u9/98 y---= FORWARD TIME E P RTN TO SEND JESTER 1333 N DrSART RD APT 66 AVONDALE AZ 85323-1528 NTY LEGAL NOTICE - PUBLIC HEARING S2e4r► Iil++lli + dill Connie Brockway City Clerk _ City of Huntington Beach ti Office of the City Clerk PO Box 190 , Huntington Beach CA 92648 ,c 3r!- 159311 21 IN6 HUNTINGTON BEACH CO � TTQ', 2124 Main St#200 h�(� Huntington Beach CA 92648 s ' ca/NTv L� �( � , LEGAL NOTICE- PU9LfC HM I'r G"'—� '► � �2�4+, ;�,���-�i �d � � '� ��� 1J+I++++I+fill++il++Ili+i+Il++++i+II'+I++ii+++1+I ill+i+++I+II Connie Brockway City Clerk City of Huntington Beach Office of the City Clerk P O Box 190 �" a�9 CCCyyy _ r Huntington Beach CA 92648 159 191 02 1IN6jp , HUNTINGI ON SIGNAL OIL COMP v • ��.,..�,�� 4 5362 Oceanus Dr �y Huntington Beach CA 92644 is iETUPH 1 LE6A NOTICE - PUBLIC HEARING Connie Brockway City Clerk Ll City of Huntington Beach Office of the City Clerk a z P O Box 190 _ Huntington Beach CA 92648 l O`C. y; T/Ala �� _,} �� _►��,' �;_�_ ZIN6jp ,-,)Y.81 03 Gloria Bradeson Hassett 121 Via Mentone y Newport Be " =i-- HASS121* 926631027 1297 27 02/09/98 FORWARD TIME EAP RTN TO SEND NASSETT GLORIA 5 RUE CANNES NEWPORT SEACk CA 92660-590 1 aiNTr LEGAL NOTICE- PUBLIC HEARING ��663 ;� ->31�� Ilrl,,,,l,i,ll►„It,ll„I,II,++ „Ill,l„Il+„I,I,,II,,,,,I,II Connie Brockway City Clerk -- - s City of Huntington Beach u / t Office of the City Clerk PO Box 190 Huntington Beach CA 92648 H r _ F 5 937 400 33 \� IN6j� Paul Dobrasin '• „�..�.�=B�' 1304 San Vicente Blvd Santa Mon ir n r e Liumm.jV`1 YV'i �O V7/ 11..Y0 1� V�/VY/YO FORWARD TIME EIP RTN TO SEND DOBRASIN �, r• S 224 22ND 5T SANTA MONICA CA 90402-2506 �ouNTr �r` LEGAL NOTICE- PUBLIC HEARING '�U4G2 At1�n <<s4�/U1�b Ill ���i �rllulrilulil � rlilriiillllrnlll Connie Brockway City Clerk ., City of Huntington Beach Office of the City Clerk a� f PO Box 190 Huntington Beach CA 92648 -� ur 937 400 54 IN6jp�, Mark Miller i�•a""" `�e�� 415 Townsquare Ln #210 y Huntington Beach CA 92648 �� ` �'�6Fc'�;t �•,�`��� F URN G' --�. — RETURN G,'1 Y_ a/NTr SENDER„-1 TO SENDER � LEGAL NOTICE- P B�JPlf RJN� -;, y, i W U U U(P D[ I � �za4a �v-�4�3�y,„�, —�-`�I�ir„ ili�lir�lirriirrl��i �lrllr�irrll� l� � lirllirllrr�( a Y_ _� , • .I. • HECE►YED ('TY CLERh CITY OF HUNTINGTON BEAQJ,,,�TL V O '' "F HUNTINGTON BEACH CITY COUNCIL MEMO .IAN 21 3 55 y� To Connie Brockway City Clerk From Tom Harman City Council Member1� Date January 21 1998 Subject Appeal of Planning Commission Decision -PC Hearing Date 1113198- Project "Cape Ann"Residential Project- Project Description TTMNo 15531/CUP No 97-2 1 wish to appeal the decision of the Planning Commission concerning the above matter Please place this appeal on the City Council Agenda for the meeting of February 17 1998 This appeal is based on the following concerns of mine 1 The project is a single family residence project built to condominium standards 2 Extreme high density 3 Lack of adequate light air and open space 4 Inadequate set backs between buildings 5 The city has not adopted standards for this type of project The project should be postponed until such standards are approved and adopted by the City Council TH Ip xc Mayor and City Council Members Ray Silver Acting City Administrator Melanie Fallon Director of Community Development r Ay J_ P N�� G l Appeal of Tentative Tract No 15531 Conditional Use Permit No 97-65 Variance No 97-22 (Cape Ann) Background ♦Approved by the Planning Commission on 1/13/98 ♦Project consists of a one lot subdivision of 13 acres and construction of 146 detached condominium units ♦Located at southeast corner of Promenade Parkway & Seagate 2 --i 2/17/98 - -' m V ^ rnn 'T1 / 00 0 • ,a Background (cont ) ♦ Meets part of the affordable housing obligations with all 146 units being available to moderate income households (120% of median) ♦ An appeal was filed by Councilmember Harman on 1/21/98 ♦ The appeal identifies five concerns 3 Analysis 1 Project is a single family project built to condominium standards ❖Condominium built to medium density standards ❖Represents a hybrid of detached and attached design concepts 4-Greater privacy than would be realized in an attached project 2/17/98 y Analysis (con't ) 2 Extreme High Density ❖Site is designated for a density of 15 units per gross acre (195 units) ❖Proposed project is 11 units per gross acre (146 units) 0 5 Analysis (cont ) 3 Lack of adequate light, air & open space ❖Detached units would have light and ventilation from all four sides ❖Exceeds open space requirements ❖Benefits from Transportation Corridor and four acre park 6 2/17/98 s Analysis (cont ) 4 Inadequate setbacks between buildings ❖Separation between front of buildings ranges from approximately 22 to 30 feet in the paseo clusters ❖Sufficient separation is provided while creating informal open areas Analysis (cont ) ❖Separation between the sides of units is nine or ten feet ❖Applicant received approval of a variance for this separation ❖Project has minimal massing and adequate ventilation and light 8 2/17/98 y Analysis (cont ) 5 Project should be postponed until standards are adopted ❖HSSP allows for attached or detached units ❖HSSP provides development standards but does not distinguish between attached & detached 9 Analysis (cont ) ❖Holly Seacliff Development Agreement precludes the City from unilaterally changing the development standards 10 2/17/98 Staff Recommendation ♦Deny the appeal and uphold the Planning Commission's approval of Tentative Tract No 15531, Conditional Use Permit No 97-65 and Variance No 97-77 based on the following ❖Meets all code requirements, incl open space, parking & bldg height Staff Recommendation (cont ) ❖Project augmented by nearby open space amenities 4-Variance does not result in detrimental impacts to project residents or vicinity ❖Provides moderate priced housing ❖Consistent with the General Plan 12 2/17/98 FEE 17 19yb 4 5,ZF79 CT(- Ipvir E LE(4 L f �0 P ! • 7- CONA BELLEFEUILLE ]S1 '_c � 2420 HUNTINGTON ST,APT D HUNTINGTON BEACH, CALIF 92648 714-960-3959 FEBRUARY 17, 1998 x CITY COUNCIL MEMBERS OF HTJNTINGTON BEACH ATTN MARY BETH C.. ; K PLANNING DEPARTMENT o a r RE CAPE ANN PROJECT � SEACLIFF AREA TO WHOM IT MAY CONCERN, I WAS ADVISED THAT THE CAPE ANN PROJECT WAS PUT TO APPEAL AND WAS SURPRISED TO HEAR THIS SAD NEWS I SPOKE AT THE FIRST MEETING ON JANUARY 13, 1999 AND DUE TO ILLNESS I CAN NOT ATTEND TONIGHTS MEETING FOR DISCUSSION I DO,HOWEVER, FEEL THAT HUNTINGTON BEACH NEEDS TO PROVIDE MORE AFFORDABLE HOUSING TO THE YOUNG BUYERS WITH NEW FAMILIES OR SINGLE PARENTS WHO WANT TO RESIDE IN HUNTINGTON BEACH AT SEACLIFF WITH CAPE ANN WE HAVE THE CHANCE AND CHOICE SEACLIFF IS A WONDERFUL PLACE TO LIVE AS A HOMEOWNER VS RENTING MYSELF SPEAKING,I WOULD PREFER TO"OWN"IN SEACLUT IN A DETACHED CONDO PROJECT VS AN ATTACHED CONDO BECAUSE OF THE NOISE POLLUTION THAT ATTACHED CONDO CAUSES IT'S ALSO LOSS OF PRIVACY WHEN YOU OWN YOUR CONDO AND CAN HEAR YOUR NEIGHBOR EI,FIGHTING,RADIO,PHONE CONVERSATIONS ON THE TELEPHONE,ITS EXHAUSTING AND YOU FEEL ROBBED AND VIOLATED,IF YOU CAN HEAR THEK THEY CAN HEAR YOU OWNING A DETACHED CONDO YOU AT LEAST FEEL THAT YOU HAVE PRIVACY YOU ALREADY PAY A FINE PENNY FOR THAT PRIVACY,WHY NOT MAKE IT YOUR OWN VS YOURS AND YOUR NEIGHBORS _FEE 17 iyy8 4 52Prl �-T(_ IPVIHE LEf-,AL rki 790 r a • PAGE Z I HOPE THE MEMBERS WILL TAKE THIS INTO CONSIDERATION AND APPROVE THE CAPE ANN PROJECT I'M A SINGLE PARENT AND WOULD LIKE TO OWN A HOME ONCE AGAIN AND EVEN BE,TTER. HrNTINGTON BEACH AT SEACLIFF YES, THAT IS A GOOD FEELING THANK YOU FOR YOUR TIME AND COMPASSION S CERELY, COMA BELL CC DEBRA PEM88R--JOHN LAING HOMES \ I FPUI1 TI IAH NGU(EIJ FHUf 1E NO 714 L41 _1-0 FEB 15 1�,Mb 03 44PI1 P- 2/15/98 To City Counul Member of Huntington Beach Attn Mary Beth Broeren (714) 374-1540 (Fay.) From Kiniber ly Nguyen 7342 Garfield Ave Unit D Huntington Beach CA 92686 I would like to let you know that 1 r(.ally like the C ape Ann Holly-Seaclift Huntington Beach plan because of the tollowirrg features that it offer. Affordable homes • Detached homes • The open space between houses Can you please consider and approve this plan9 Thank you very much for youi time Sincerely m _ Kt er y guyen 3 taY �untm �o _ s FF UH T I HH HC-IJ,EH • F HU14E I4U 714 C- 1 _10 FEE 15 l4yb 133 44PH PI 2I15/�>Y To City Coun(tl Mt-nibc-i ut Hummi ton Be ach Attn Mary Beth Bi oeren (714) 374-1540 (Fax) From Wesley Kanamort 2520 W Ball lid 95 Anaheim CA 92804 1 would like to express my interest to the C ape Ann 1 folly-Seacliff Huntington Beach project 1 am very pleased A ith the at2ordable pricing the detached home design and the spacing between the homes Can you please show your support for this project Thank you very much for your time Sincerely Wesley Kanamon m z n_ m �C-3M rM .� xn C-kl ?000000' � r