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Final Tract Map 14655 TNR DEVELOPMENT CORP. Subdivision
STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, November 4, 1996 A videotape recording of this meeting is on file in the Office of the City Clerk. Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7:00 p.m. CITY COU NCI UREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: None Consent Calendar- (Items Approved) On motion by Dettloff, second Leipzig, the following items were approved as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Release Of Securities - City Acceptance Of Tract No. 14655 - Approved - TNR Development Corporation -s/e Corner Of Lake Street & Frankfort Avenue (420.60) 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14655; 2. released the applicable bonds posted for faithful performance, labor and material, and monuments; 3. accepted Guarantee and Warranty Bond No. 3SM 888 292 00, 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, TNR Development Corporation of this action and the City Treasurer to notify the bonding company of this action. k OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Pat Lovelace, Sr. Deputy City Treasurer FROM: Janelle Case, Deputy City Clerk SUBJECT: Final Tract Map 14655 DATE: August 7, 1997 Today I mailed TNR Development Corporation a Statement of Action of the City Council dated November 4, 1996. 1 have attached for your file the Statement of Action taken along with the Request for Council Action dated November 4, 1996 and copies of the bonds that were previously given to the Treasurers office. 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H t>< r a.. ;y r +..s,,:;p.�aii ,�..'t`T����'. r, � y 'R"'s .:= ��•�J��:>ti, ��>�t.���:a��als�.ai4... .�, ���• '�» � rkt!,t c ���>,� ��'�' �L1!Yrer. . . ., :.,• ,.. y rod ;i• � �4 t. t:, s 'd�, "'I Y..1f i°` �1�>� � � �r�r�w k �ViC p .' •,. ,k•t�«��t+„E.�ftL°4 !+:°b lnZa 9y��'fT�.fdl.., W.>, •:§,,�':+�":e'�.,�,9',ir,y:rr�'u.`.,7.7hyuhw.4�.,T;irlse r;.F!'1',.:t� r Research Request Form Office of the City Clerk Today's Date 8 Date research needed g Ls Research requested by: (Name) J Telephone or extension 377_ 00� ( ) Department ( Citizen ( ) Received by: 4 Do copies need to be certified? ( ) Yes ( o Describe research requested, in detail please: T-2 --H, Y6 T, fA/• Oe- Research Notes: C1� Page 8 - Council/Agency Agenda - 11/04/96 (8) E-5. (City Council) Release Of Securities -City Acceptance Of Tract No. 14655 -TNR Development Corporation -s/e Corner Of Lake Street & Frankfort Avenue (420.60) 1. Accept the improvements constructed and dedicated for public use within Tract No. 14655; 2. release the applicable bonds posted for faithful performance, labor and material, and monuments; 3. accept Guarantee and Warranty Bond No. 3SM 888 292 00, 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, TNR Development Corporation of this action and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Department [Approved 7-0] E-6. (City Council) Professional Services Contract - Sierra Laboratories, Incorporated To Perform Water Quality Analysis Services (600.10) -Approve the selection of Sierra Laboratories, Inc. an annual amount not to exceed $40,000 and approve and authorize the Mayor and City Clerk to execute the attached Professional Services Agreement with Sierra Laboratories, Inc. Submitted by the Public Works Department [Approved 7-0] F. Administrative Items F-1. (City Council) Deferred From October 21, 1996 - Intended Use Of Assembly Bill 3229 - Citizens Options For Public Safety (COPS) Program Funds - Purchase Of Electronic Data Entry Equipment (340.80) Communication from the Police Chief regarding the Intended Use of Assembly Bill 3229 (COPS) Funding. Funding provided by the State COPS program in the amount of $435,561.67. Recommended Action: Approve the purchase and installation of equipment and appropriate the funds from the Supplemental Law Enforcement Services Fund not to exceed allocation. [Approved 7-0] F-2. (City Council) City Treasurer Report Summary Of Investment Portfolio -Activity For September, 1996 (310.20) Communication from the City Treasurer transmitting the September Investment Summary Review. Recommended Action: Review monthly report. Following review of the report, by motion of Council, accept the Monthly Investment Report for September, 1996, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. [Approved 7-0] (8) M Ji 0 OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Pat Lovelace, Sr. Deputy City Treasurer FROM: Janelle Case, Deputy City Clerk SUBJECT: Final Tract Map 14655 DATE: - August 7, 1997 Today I mailed TNR Development Corporation a Statement of Action of the City Council dated November 4, 1996. 1 have attached for your file the Statement of Action taken along with the Request for Council Action dated November 4, 1996 and copies of the bonds that were previously given to the Treasurers office. If you have any questions please give me a call. Thank You. Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/ Connie Brockway /s/Victor Leipzig City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 4th day of November, 1996. Witness my hand and seal of the said City of Huntington Beach this the 11thth day of November, 1996. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Deputy City Clerk Recording requested by, and when recorded return to: Connie Brockway, City Clerk Office of the City Clerk I Recorded in the County of Orange, California CITY OFHUNTINGTONBEACH i Gary L. Granville, Clerk/Recorder No Fee P.O. Box 190 -2000 Main Street I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Huntington Beach, Ca. 92648 19970437488 04;30PM 09/08/97 005 16005463 16 24 A04 1 6.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) t ACCEPTANCE OF PUBLIC IMPROVEMENTS G� (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on August 19, 1997, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code 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. 14655. Public improvements constructed consist of paving, curbs, gutters, sidewalks and street lights. This document is solely for YHe official business of the City of Hunt . *n 3e n-;h, as contem— plated ._.. .s.::,''c__t Code Sec. 6103 and should be recorded CITY OF HUNTINGTON BEACH free of chor.--3- Tax-Exempt-Government Agency by: City Engineer Ille- CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: Connie Broclavay, CMC City Clerk 'By. City Attorney' putt' City Clerk 27293 J j t& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 25, 1997 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find an Acceptance of Public Improvements for Final Tract No. 14655 to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Acceptance of Public Improvements to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CB/jc Enclosure: Acceptance of Public Improvements ccnocdltr\\Final Map No. 14655 (Telephone: 714-536-5227) J� OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH r TO: Bruce Crosby, Department of Public Works FROM: Janelle Case, Deputy City Clerk SUBJECT. "Acceptance of Public Improvements" Final Tract Map 146 5 DATE: August 7, 1997 Would you please prepare an "Acceptance of Public Im rovements" for recordation.. This appears to be one that slipped through during the rocedure change. If you have any questions please give me a call. Thank You. Enclosures: Request for Council Action dated November 11, 1996 Statement of Action Taken p�NoiNG 5� jtLD V F A: � r 44. Anldt-Alt 4&O J� City of Huntington Beach . P.O.Box 190-2000 Main Street '" Huntington Beach,California 92648 HUNTINGTON BEACH From the desk of. Christine Cleary Deputy City Clerk Telephone: (714) 536-5210 Fax: (714) 374-1557 Wednesday, 8/20 Janel le, Vince 111ola was here requesting bonds to be exonerated. You gave him the warranty but not the following: Performance Bond 3SM80677900 Monument Bond 3SM80677800 The file was checked out to you 8/7. I'm sure you know all about it. He offered to leave and have us call him back which was what I was about to suggest. Vince Mola 377-1008 x244 fop 0 u Research Request Form Office of the City Clerk Today's Date g Date research needed g 5' Research requested by:'(dame) J Telephone or extension 377_ 06�) ( ) Department ( itizen ( ) Received by: Do copies need to be certified? ( ) Yes ( o Describe research requested,'in detail please:. AML Lee �� 19 -7 Research Notes: r4/7 L4ze 6i ? :z, al . / _ a_...,..+_w..Sa✓�.... se.4.F/t`�....xa.:.we+M'•hiW:.4h8 Tht+:Y�L ...�r..4 v..-.> .r< ....-. a .. ,,.,...wwrlY ae-a � tky P OF HUNTINGTON BEAC I_ &TA P MEETING DATE: November 4, 1996 DEPARTMENT ID NUMBER: PW96-080 Council/Agency Meeting Held: Deferred/Continued to: '�Approved ❑ conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: November 4, 1996 Department ID Number: PW96-080 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato t PREPARED BY: ES M. JONES II, Director of Public Wor SUBJECT: RELEASE OF SECURITIES -- CITY ACCEPTAN OF TRACT NO. 14655 Statement fissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) - Statement of Issue: TNR Development Corp., the developer of Tract No. 14655 located at the southeast corner of Lake Street and Frankfort Avenue, has completed all required public improvements and is requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14655; and, 2. Release the applicable bonds posted for faithful performance, labor and material and monuments; and, 3. Accept Guarantee and Warranty Bond No. 3SM 888 292 00; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 0021597.01 -2- 10/14/96 4:43 PM N ;� • REQUEST FOR ACTION MEETING DATE: November 4, 1996 DEPARTMENT ID NUMBER: PW96-080 4. Instruct the City Clerk to notify the developer, TNR Development Corp. of this action, and the City Treasurer to notify the bonding company, of this action. Alternative Action(s): Deny the recommended action. Analysis: On July 7, 1995, the City Council approved Final Map No. 14655 and accepted bonds, the securities furnished for faithful performance, labor and material and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the bonds, pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, wheelchair ramps, sewer and water lines with appurtenances. 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. Calif. 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. The developer has provided Guarantee and Warranty Bond No. 3SM 888 292 00 as security. Following is a list of project data: Subdivider: TNR Development Corp., 5200 Warner Ave., Ste 207, Huntington Beach, Ca. 92649 Engineer: Emerald Engr., 18600 Main St., Ste 160, Huntington Beach, Ca. 92648 Title Co.: Orange Coast Title Co, 14320 Firestone Blvd., Ste. 300, La Mirada, Ca. 90638 Location: Southeast corner of Lake Street and Frankfort Avenue Lots: 10 Lots Acreage: 0.873 Zone: RMH-A-CZ Environmental Status: This recommended action to accept the improvements is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). 0021597.01 -3- 10/14/96 4:43 PM REQUEST FOR ACTION MEETING DATE: November 4, 1996 DEPARTMENT ID NUMBER: PW96-080 Attachment(s): City Clerk's Page Number .................. _......-- .................... 1 Location Map 2 Guarantee and Warranty Bond No. 3SM 888 292 00 tv `T HE G !Z v CSC �l�'s ��l-`"iCE •) LMJ:BPC 0021597.01 -4- 10/14/96 4:43 PM •i AWL u NOT TO SCALE o ACACIA AVE. F� D qti S�. TR. 14655 L--- S�X�N 5 • o,Q qti cF ST PECAN AVE. 0 �P m a J \ Q Qp ��G C ATLANTA AVE. ATTACHMENT NO. 1 LOCATDO ° MA � CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR 14655 I have received the Guarantee and Warranty Bond for TNR Development Corporation, Release of Securities, City Acceptance of Tranct No. 14655. Dated: �l j By: , TNR Development Corporation 5200 Warner Avenue, Ste. 207 Huntington Beach, CA 92648 J I BOND N0. 3SM 888 292 00 • PREMIUM $238.00/1 yr. FIRST TERM PREMIUM IS FULLY EARNED GUARANTEE AND WARRANTY BOND WHEREAS, TNR Development Corp. as a Principal,and American Motorists Insurance Company a corporation organized under the laws of the State of Illinois and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of Nine Thousand Five Hundred Twenty & No/100ths ($9,520.00) ,representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and severally. WHEREAS,the said principal entered into a contract with said Obligee,dated June, 1995 for work described as follows: Tract #14655 WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on September 12th, 1996 NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on September 12th 19 96 TNR DevelopmeFt—c—olv as Principal By By 1 Company American Motorists Insurancp as Surety By By Michael F- Cu /Attorne —in—fact STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, NN Gil} A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED l vs 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 PERSON v-I Qr lm�.s1 BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUME :ft:(*x' tthew S. Kaufman; Cmm.01020857 PUBLIC 0 RANGE COUNTY WITNESS MY HAND 0UM MWC„20.iM-A SIGNATURE'- MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FORzAl STATE IN O(Cm e_ COUNTY KcA�iti1C:-v1 (NAME PRINTED) MY COMMISSION EXPIRES I I S STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 16887 2 .. ..........- CALIFOR.NIA ALL PU_R.POSE:ACKNOWLE©GM.ENT State of California County of ORANGE On SEP 12 1336 before me, KIM NGUYEN, Notary Public, NAME,TITLE OF OFFICER personally appeared MICHAEL E. CUNDIFF NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon KGO CO!ti1M.�16i264[N-UYE4d behalf of which the person(s) acted, executed the � ?� �"j C7 NOTARY PUBUCL/L'!FGR1;L instrument. y ' ORANGE COUNTY ` My COMM. Exp. Dn. 30, 198 WITNESS my hand and official seal. IGN OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) NONE American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ®r-1 mmpan� msuemce o;mvanea AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: - That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Michael E. Cundiff of Orange, California********* its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS (,$1,000,000.00)%•^^%•••••••••%•%•%•%•%•%•%•%•%•%• EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the Payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,. or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company,- and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 0 e op= S: W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) NOTICE OF CO- IPLIANCE WITH CO&ITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. I `T CAS PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $ 31, UX). OD ❑ NO OTHER: Du for: Howard Zelefsky Planning Director t� CITY OF HUNTINGTON BEACH [oil 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 19, 1995 Mr. Mark Wardle Orange Coast Title 14320 Firestone Blvd., #300 La Mirada, CA 90638 Attention: Mr. Wardle Regarding:i Tract Map No. 14655 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, G�" Connie Brockway, CIVIC City Clerk CB:cc Enclosure Received by: Jol-% -0/2 Dated: g=Vractmap (Telephone:714-536-5227) _ w Be/o� ace For Cit Clerk's:I1se.On/ Council/Agency Meeting Held: — / Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied City Clerk's Signatu Council Meeting Date: July 17, 1995 Department ID Number: CD95-34 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBE el SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis r �� PREPARED BY: MELANIE S. FALLON, Director of Community Development`'` SUBJECT: FINAL TRACT MAP NO. 14655 WITH BONDS AND AGREE ENTS Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status Attachment Statement of Issue The final map of Tract 14655, located on the east side of Lake Street between Frankfort and Pecan is being submitted to the City Council for approval. Funding Source Not Applicable. Recommended Action Motion to: "Approve Final Tract Map No. 14655 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map: 1. Final Tract Map No. 14655 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14655 conditions of approval as approved by the Planning Commission. Requirements: 1 rJ 1� REQUEST FOR COUNCIL ACTIN Meg Date: July 17, 1995 FINAL TRACT MAP NO. 14655 WITH BONDS AND AGREEMENTS 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 the following bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM 806 779 00 b. Labor and Material Bond No. 3SM 806 779 00 c. Monument Bond No. 3SM 806 780 00 3. Instruct the City Clerk to not 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: 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. Subdivision Agreement Alternative Action(s The City Council may make the following motion: A. "Deny Final Tract Map No. 14655 and not accept the offer of dedication, improvements, and bonds." Analysis SUBDIVIDER: TNR Development Corporation 5200 Warner Avenue, Suite 207 Huntington Beach, CA 92649 ENGINEER: Emerald Engineering Donald Baker 18600 Main Street, Suite 160 Huntington Beach, CA 92648 CD95-34 -2- 7/17/95 REQUEST FOR COUNCIL ACTIA Me*g Date: July 17, 1995 FINAL TRACT MAP NO. 14655 WITH BONDS AND AGREEMENTS TITLE COMPANY: Orange Coast Title Co. 640 N. Tustin Avenue Santa Ana, CA 92705 Dennis Chaplin, Title Officer (714) 558-2836 LOCATION: East side of Lake Street between Frankfort and Pecan ACREAGE: 0.873 Acres NO. OF LOTS: 10 lots NO. OF UNITS: 10 units ZONE: RMH-A-CZ (Medium-High Density Residential-Small Lot Subdistrict-Coastal Zone) GENERAL PLAN: Medium Density Residential DISCUSSION: On June 16, 1992, the Planning Commission approved Tentative Tract Map No. 14655 for the subdivision of two (2) parcels into ten (10) lots for purposes.of development of ten (10) single family residential units. The Planning Commission also approved Negative Declaration No. 92-11, Coastal Development Permit No. 92-9, and Conditional Exception (Variance) No. 92-6 in conjunction with the tentative map. The subdivider has satisfied the Park and Recreation requirement through payment of a $31,200.00 in-lieu fee. 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 Planning Commission. Environmental Status This action to accept Final Tract Map No. 14655 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On June 16, 1992, the Planning Commission approved Negative Declaration No. 92-11 for the project itself. CD95-34 -3- 7/17/95 REQUEST FOR COUNCIL ACTIA MefiAJ Y Date: Jul 17, 1995 FINAL TRACT MAP NO. 14655 WITH BONDS AND AGREEMENTS Attachment(s): 1. Area Map 2. Tentative Tract Map No. 14655 3. Tentative Tract Map No. 14655 Findings and.Conditions of Approval 4. Subdivision Agreement 5. Monument Bond 6. Faithful Performance Bond 7. Labor and Material Bond MTU:MSF:JM:kjl Page Number CD95-34 -4- 7/17195 L�J I II I II I -.,., r ? ��\/ �� 0)R2 sr }I..;; Lj ' Ll UU LJU LJHf11 + h RI (D)R2 R I n-Or VILE AVE. E AP (D)R2 �I� 1 ML �T n�rMRIR3 'SVECIFIC` / 7„ ` ftT NCA ONE AVE. ,ON-e'1 ,, I - —1 O I] l I ' vti ti R3 )R2 ID)R2 R:x7 \ I 1. � ra I u I T KO ) R3 R3 a R3 C - r f� _ ID9E[�� 4•d y +H - �.` rnnnn�OV, �---_-AVE, - nr I 1 -1 F / 1•ALA' rin..-I.7RD AVE AVE, P nI aI i_ ;� IF S / fV A L_� Pi LJ " L_i ° a r �� ACACIA AVE --�/ 6 • L-�,r.�._ - ^ EF-C —FRANKFORT r� 4�2 E , C OLDT N GO (� ►ER PECIFIC AJrI- r`�`. �4Q.• (DISTRI 9 V�E) I � (LrAIRn �~O Y v - M H-FP2 • F9 �QQ_, '1'} C24 `'� r1�r'�-0 -1 z r DETROITCF AVE. J A, u b 9 A y+ Oy Q CHICACO— AVE _�-- Q � S a R2-PD-CZ-FP2 O a W J \ Z ..�e. R3.COpQ LO N S ';Si iti_d IC I&t,":d.. I R2-P CZ;r :u ^RALI(MORE AVF FN.� (NI 'F?2 " a O 'C ly�SAF OOh�,` O/ti A 'rf 6�%` �•\ I / //� �rQ �a �_._ ;R2-W'Q'FP2 i�i R7-PDC2'FP2 � 9 ATLANTA I AV O // NOT Ix xl Ws[C[ d s /•' /. a[E UI ADJOINING ARC IN [CCT _ axr xoxE aD+alx c axr RIc of ar AO 15 is INTC RIN TO C%TENO TO TNC OCNrCR� Of SUCx xIANi OF War r FT 14655 tj ij 0 • HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION 10 Lors TENTATIVE TRACT MAF-1':O.J' -5- 0.7_ACRES .-- IN TIE CITY Or IIUNTIXGTOX BEAU., ORAMGECALII'URX1A.' ' BE—..A s..DIVISION OF A YORTI OR OT➢LOC{103 OT IIUNTIMGTDM MYAGI. MAIN STREET fECT ION, IS TIIOIr.1 ON A M•P■ECORDEO IN MOON 1, VICE IS, OF VISC[LLAMEOUS MAPS, RECORDS CV OtAFGC COURTS, CALIrOLHIA. APRIL 13.1992 nQus� 1. ERISTIBO Ax0 PROPOSED 10NIMU:OLO TOMB SPECIFIC FLAX-C'f, DISTRICT TMO. i. ESISTING►tUPERTT USE:COMMERCIAL ). PROPOSED PROPERTY U5E: SINGLE FAMILY lESDI:NTIAL AfACY-1 -+I E. 1. MATER SUPPLY AND SEMAGE DISPOSAL TnioucII CITT OY I—TINGTON BEACH SYSTEMS. S. PROPOSED PARCELS TO SURFACE DRAIN TO PUBLICSTREETS PLR CIT`OF II UNTIMGTOM RC•CH■EW IRfOIEMTI. ' {. STREET IMPROVEMENTS TO BE INSTALLED AT TIME OF CONSTRUCTION. 4 y ye If.M:.Sf.\ /•IANI,fOQT -}✓E. Y1O1'E{Tf ITnERI C1S ? ° Cdtl:1LD71 M RD If1]� LI:U•YATR ILIA MA Anu 5 [ CURT M� GICLALO EXGI FI'G x CIRCLERI:M1 it h>� 4213)RGTO REACII. CA. 1I611 (I h [ 111'*MAIM ST., fTE.1{0 '%„\.--"•�,' (il]) f0]-SS11 ' [ 4 MUMTIMOTO BIt . CA. 12f11 D 1DER• _ 3 Z IF 9Y TFR DEY[LOPM f:NT L'ORPORAT ION < BALD G. —.N. L.S. I{+ 5200 M ER AYE.• SSE.... NUMTIMGTOM REACH. CA. 11111 reC-IN .Y✓G. oi l 1111) 1tT-1010 .Nl E qN l���ITTFLO�ST IIOIEf I eb• _� 1131 MAIN sr., EYE. ioo VICINITY MAP x11 CTON BEACH, C•. f1fU r' ln4] uo.usl N.T.S. I I "nrM..ris. kxw'ee I . SS) TN _T F•GNKFORT 7VL, FRPN Eta P T`^r Yea n/ 14 c rvie}( cof ne:lr'vnce < ,opfW- /E lr'�Et��/ �'If,IrJl� 'rrr,r► / 63 fy / 4 rrs�%�3+• 1, �. � R/w NMPoSla AGATE , T-{�` iI• S;S 11 a„!cs �f�1 `yi ro•lro � 4 ; ss F a b ^ � pIo•J15e �/ zoi w � lnsr risRaEw/s� a TYPICAL SECTION c AK S . Y� � - a rf}a•lL.i A. � I p> W turf./.yea. to' gat rrr 1 I)^ � r, fNo-1G.I ,I, nsca„s,.asrrto C' � ° � 1 �rsrlr.ri+ernft /Ao•K 1 TYPICAL SECTION ra'/O Af a1�GO T rMf/rY MOr Atw'TAV6. NCH/Kf AIlEY a, � � + � _ .GNS•Msfr. PECAN AVE. 10 pl➢•lf.z TMM y1LLIV 411RWMSPD Xa/N(• 1 �r"�..wrN.•c+a✓Jtn'! nfentane. II—) 6ProY r rnvro PECAN AVE. / ��{ w<r,Aa Af•N A AT,l.Of. TYPICAL SECTION ALLEY AA JN OGe SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND TNR DEVELOPMENT CORPORATION FOR TRACT NO. 14655 TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security.........................................................................2 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................3 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................4 4/s/trl 4655\04/27/95 RLS 95-225 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND TNR DEVELOPMENT CORPORATION FOR TRACT NO. 14655 THIS AGREEMENT is entered into this 18th day of July , 1995, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and TNR DEVELOPMENT CORPORATION, a California corporation hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14655; 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 Government Code of the State of California, and Chapter 255 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 4/s/trl 4655/04/27/95 RLS 95-225 • • 1. GENERAL STREET CONSTRUCTION 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 I laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. 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, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 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. FAITHFUL PERFORMANCE AND SECURITY In accordance with the Huntington Beach Zoning and Subdivision Ordinance, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Ninety- five Thousand Two Hundred Dollars ($95,200) as prescribed by HBMC Section 255.16, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other 2 4/s/t r 14655/04/27/95 RLS 95-225 approved form of improvement security. -All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect,defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of§ 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. 3 4/s/trl 4655/04/27/95 RLS 95-225 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 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 Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. 4 4/s/t r 14655/04/27/95 RLS 95-225 CITY or its representative 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. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. Balance of page intentionally left blank. 5 4/s/t r 14655/04/27/95 RLS 95-225 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. TNR DEVELOPMENT CORPORATION, a CITY OF HUNTINGTON BEACH, California corporation a municipal corporation of the State of California ABy: �' Timot Roberts, President Mayor BY ATTEST: Timo N. Roberts, Secretary REVIEWED AND APPROVED: City Clerk APPROVED AS TO FORM: City Admini rator City Attorney / ��-7�5 sti INITIA%D APPROVED Director Pub Works 6 4/s/tr14655/04/27/95 RLS 95-225 WED 17 27 SENT>BY-�Andreini and Company 6 5 3 �Underwr it,or -DeK ;# 2 .� I I I_yI} �:d. w lu•,,• r -LY R' 4 yl� 1r9;:+•' Ibl IN4 u: lO.WIMP ACO {' k �y , ' �M, t(I�<11 NIJUtI� 11 ,A1M31p> %k rl k:ld Sn I g 00 IAA! It t k M1tP..i �N•� �i;a��{iflirli NlF�,nti,"ti�N a ��� x k��y>rr I 14„r..., J .L J�•., Tilly CFITiCNiT� IS lSti>EO AC A I�A'fTR o!~ iNFLtRN1A�pN ONLY 1�N 1�rjdr9i & Cct Rn I�IO SiQWTB �poN THE ��g71FICAT6 NeLe�S.YN19 CERI71lIIGATR 1Vp� JIKNO, EJITTwNb dR ALTAR 71I� �Q1f RlICi� AP�dHvtp ev -me. 220 W 201b Ave. Pr)Lrrl!"�; MnLOfV $are Kat O, CA 94403 COMPANIES AFFORDING COVERAGE II (4�5j' S 3�1111 GERLING AnRICAN INS. CO. „..:............. rw �aunco ............. CALIVORNIA COMPZNSATION THR DEV LOPMENT CORPORATIONU.Yi : r „.............:.... r' ,DNA, I AND PACIM HOMES 6200 WAP�MR AVE. , SUM 207 MWINGTON BRAC'H, CA 92649 5'I .II :r 1hpti' ,1: I"L I q'1,155�: '.d! I: ,I �. ;-i'.:•II"R; '. '/i�r'f :'Yx.. 'iy; '�I `�� I 4. ,:I.I '•F. .,� t j'I Y:.tdl��.I :1�.�I .Ell,j ,f i,'I,.ITOO § , a si�li �ct+�MkLI}dirl�'RIe,rhfklrtinkA'nwr,�Ji,lt;.y:raai'tds{.;i,,,:...II..••.,n.:;'., vrGrc;;,,+»�atnlw :dai,,,al« tat,wl.;,.� t �'i e.k.sl. ��' ll,dr :tcr'xklk;;r,l I 5,.,5�.r..,�,I,....., THSB IS TO Cn nFY THAT TH8 POLIrm"0¢INSURANCE 09TED BELOW MArl:7'EPN OUEO TO THE INSUREO NAVEO ABOVe FOR THR POLICY PERIOD INOWAT0, N01WIr4TANDINe ANY REQUIRGMMY.TOki dh WhIni-noN V ANT CONTRACT OR OTHER DOCUMENT WITN RESPEnT YO WHICH THI9 CERWICATE M" BE ISSUM OR MAY PERTAIN,THE IN.UMNC6 AFF-mnrm AY t4c POU00 000060 HEREIN IS 9ULECT TO ALL THlI TEPMS, �xc ► pry NhC„ OnQIT�OkS..QF 311C1I ,. roycD: k,IMRe .j Ar „ra ntR9j Ctiy N RCOUC0 X PAZI C'.atua:l G ' FoCOFINOURANCC powl,NONAL AOTR r a�eMfi�ANI tl�►itPnMAQ/�M! j UmTm _ „,, ,.. ,,,.. ...... .. ... .. ......... ...... . . ]tL!a>rPil,UAW '.. arr►"IIAL ANKOATF.. ;s 2, I.-.. .V '� 'eoMlu�nal aa�nA<�uO+�ITT � NU,�O{TTQLP .,rnoclucr9�cMcr noG�� li . �'b•p�R"a,•�8 Q i I'.9 19 5 0 6/0 9/9 61 FMUAAL i Aau.;h.X AV .. .;4. 1 Q 0 0 0'0$ 1C t.C%Wgnl`I:DNmCion3 rnoT eAo+OaCUnnCNCE �N 1 ,0 f L1 Q 0 0 � 7 ,iFR0� CO�.CPS + yNSUREpEN!DORSEMENTATTACHED IFIRIGbAAfAOL�Nrynnollil ;e 1Q0,0�Qj0 nl.............. •�� ,� „„ ........i. ,.,� .. :. ,�,.I.N-�0'•CIf�EN S p111 GGr10„il��'�.�r ��� . ,.AIT I n I.•.. -1 r•.V 1 AMMOBU UAII IUW i 'tQMOInlp/INCLG 1 i' I...., uui T i A11Y AUTO I p........1 ALI.09*6 AUT05 I aoor r.ruul�r 16CKmvLtrq AUTOS ?Rovm TS TQ F'CSR�:� ; 'er�.� I. .... .........:..... M,,,,..,...., ►1Tdq ., .. a ml A G IL HUTTON, City Attorney i ecolLY alum NOr'OvVii IWM3 i By Deputy City Attorney ter acc+va^8 I ' ...,1IMRN MIME %A „::::: DIC�O Uw". rze)l 4CCU tltr><YICII� Of" ONCR TN ulM1nK6l,.A Fonm \ i I WORICIW2 e010CN7AUM STA7U1OflY UNITS 9 awe WM120402 ", 0 9/9 5 Ct 6/0 9���;,u�nCtlGcnr 5 1,0 0 0,0 00 lllPLar[jis Ir�S11Lm I WCh rnC I# aD'�nc►�'r'un, .. .... ...... ..... orcClurnGH APXULTO COUNOF ORANGE THIS CITY D IT44 OYFTCERiS, A ENTS AND EMPLOYEESM AND ALL ACENCiNS AS DETER> T ED: By THE Cz RR MXCLtMED A8 i AADYx ANAL INSURED WITH REBPRIw7' SXMDrvxS A EXP59T WITH THE NOD Ia. wl— RES R S 'BRACT NO. 14 5 5 Ei I. `54I~I.L'.1 QN �d; l IIr, {.,I�,I�-I.S--I ' �ur4r�f-t Ri -q�l�j.'/ r5( .9'r1;� I, ; •I< � � �.l,��{It�.�r ! � r 1 M,11RrS 71:;,15,"����7A'CVia' j'.of > e4:�I.17 -... -ry�i l�,a. .. ,yvt :;I•!!i!46 ANY OP Tti[Ai+GU CFaWLsa POI:CIL'-3 HE GANCEILCD BEFOiT9 TKc i r.I'li<,:iION PATE TIAEAEOF,THtw MIS COMPANY wILL�ilf> RHO• 30 �Avs wAirrEN NOTICE YO THE COVIFIcATZ 14=C4 N.WED TO COLTN' Y 01r, Op.AN1815, THF. CITY AM ITS pm OM;C'RRS,� AGENTS AND EMpLOTSEt3 CITY OF, k1 MT..NGT'O.N 13RACH . I . I .� ...- ,�, r .:.:r.,I��{'N;;h:•' /C�r[�'�55µ}�yJs -iiry��, '�'•11q'.x�-.. L•'.,j I.au L411 r I I i !�..r.-, ,.� {. -a ..'rl•' �?:}�i..�.d s�•��1`i111 r ••T T.YY".v._r. ,/1,'�•.•+'„� I, I have received Monument Bond, Faithful Performance Bond, Tnhnr Material Bond for Final Tract Map 14655, TNR Development Corn on behalf of the Treasurer's Office. Dated * By: TNR DEVELOPMENT CORP. 5200 Warner Avenue; Suite 207 Huntington Beach, CA 92649 • • BOND NO.3sM 8o6 Tao 00 PREMIUM 100.00 ,• , r r• n,i i __ iss Y ✓� F., MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT TNR DEVELOPMENT CORPORATION, a California corporation as Subdivider of Tract No.14655 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: Thatsaid TNR DEVELOPMENT CORPORATION a California corporation (Subdivider) as principal,and AMERICAN MOTORISTS INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of.TWO THOUSAND AND NO/100s $ 2,600.00 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. .......-]i7-Z,, b- IN WITNESS WHEREOF,we have executed this instrument this 93rd day of MAY . 19 95 TNR DEVELOPMENT CORPORATION. , a California corporation as Principal By../ By: IOTORTSTS INSURANCE COMPANY as Surety By: IEL JONES ATTORNEY IN FACT By: flYt,nC Il,� C� CI `� ILL-Or O lto,; • • r—+ ®mmpanl naTionaL isuam[e lll►711RY AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Daniel Jones of San Mateo, California its true and lawful agent(s) and attorney(s)-in-fact, to wake, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount -of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)• • • • • •••• • • •- EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees th( payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary a: being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the. seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the natur( thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called an( held on the 23rd day of February, 1988: 'NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, ar certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to t valid and binding upon -the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPA' I tL; W. A. Grauzas, S cr tary by J. S. Kemper, 111, Exec.Vice Presid (OVER) • • BOND NO. 3SM 806 779 00 PREMIUM $2,380.00 Vl • tJ , FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and TNR DEVELOPMENT CORPORATION a California corporation (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project TRACT #14655 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and AMERICAN MOTORISTS INSURANCE COMPANY, as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City',the penal SUM Of NINETY FIVE THOUSAND TWO HUNDRED S NO/100s dollars($95,200.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. t The surety hereby stipulates and agrees that no charge,extension of time,alteration or . addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on 5/23 1995 TNR DEVELOPMENT CORPORATION a California corpora io - Principal By By A ER C OTORISTS INSURANCE COMP lW$Ufety B TON ATTORNEY IN FACT By c,, c:> f i j r 1 I4 ' 1 2 BOND NO. 3srt 806 779 00 PREMIUM 1 N('1.NUlil) wiTH • THE PERFORMANCE BOND LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and TNR DEVELOPMENT CORPORATION,` a Calfornia corporation (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project TRACT 1114655 is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the'performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of FORTY SEVEN THOUSAND, SIX HUNDRED AND NO/100s dollars($ 47,600.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,all®ration or addition+n the terms of said aara.erient nr+hp r,)ecifir ^^,tio r-mn c'„n'i^n m'^nor 1 affect its obligation on this bond, and it does hereby waive notice of an such cyan a extension alteration 9 Y Y 9 � or addition. In witness whereof, this instrument has been fully executed by the principal and surety above named, on 5/23 , 19 95 TNR DEVELOPMENT Co Pol "ION, Californ: c n BY BY: AMER AN MOTORISTS INSURANCE COMPANY BY: IEL JONES ATTORNEY IN FACT 3_ . �—� naricnn RsuRmce mmv]nX, AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER, OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a.corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Daniel Jones of San Mateo, California its true and lawful agent(s) and attorney(s)-in-fact, to.make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)• • *• • • - EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the Payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and,attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated -in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANN 0 9444�( . 0 OQ= -Z W. A. Grauzas, S cr terry by J. S. Kemper, III, Exec.Vice Presiden (OVER) Z Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 Date : June 19 , 1992 NOTICE OF ACTION Applicant : TNR Development Corporation, 5200 Warner Avenue, Suite 207, Huntington Beach, CA 92649 Subject : NEGATIVE DECLARATION NO. 92-11/COASTAL DEVELOPMENT PERMIT NO. 92-9/CONDITIONAL EXCEPTION (VARIANCE) NO . 92-6/ TENTATIVE TRACT MAP NO. 14655 Your application was acted upon by the Huntington Beach Planning Commission on June 16 , 1992 and your -request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved . Said appeal must be accompanied by a filing fee of two hundred ($200) dollars and be submitted to the City Clerk' s office within ten (10) days of the date of the Commission' s action. In your case, the last day for filing an appeal and paying the filing fee is June 26 , 1992 Provisions of the Huntington Beach Ordinance Code are such that any . application becomes null and void one (1) year after final approval, unless actual construction has started. • Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92646 June 19 , 1992 TNR Development Corporation 5200 Warner Avenue, Suite 207 Huntington Beach, CA 92649 SUBJECT : NEGATIVE DECLARATION NO . 92-11/COASTAL DEVELOPMENT PERMIT NO . 92-9/CONDITIONAL EXCEPTION (VARIANCE) NO . 92.-6/TENTATIVE TRACT MAP NO . 14655 REQUEST : To create 10 lots for single family residential with a variance to allow 25 foot lot frontage on 9 lots and 12 feet on one lot in lieu of 30 feet . LOCATION : 500 Lake Street (East side of Lake between Frankfort and Pecan) DATE OF APPROVAL : June 16 , 1992 FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO , 92-6 : 1.. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district . The property is the last remaining site for development on Lake Street within the Oldtown Specific Plan . It has an irregular shape to the north and abuts an abandoned railroad right--of-way to the east . 2 . The granting of a conditional exception for reduced lot frontage is necessary in order to preserve the enjoyment of one or more substantial property rights . Without the variance, the applicant would be required to provide minimum 30 feet wide lots which would be wider than the majority of lots in the vicinity and same zone classification . 3 . The granting of Conditional Exception (Variance) No . 92-6 for reduced lot frontage will not be materially detrimental to the public health, . safety and welfare, or injurious to the conforming property and improvements in the neighborhood because the adjacent properties also have lot frontages of 25 feet . Negative Declaration: LJo 2-11/ • Coastal Development Permit No . 92-9/ Conditional Exception (Variance) No . 92-6/ Tentative Tract Map No . 14655 Page Two 4 . The conditional exception for reduced lot frontage is consistent with the goals and objectives of the City ' s General Plan and .Land Use Map designation of residential which provides for housing opportunities at the allowable density. 5 . The granting of this conditional exception from Section 9130 . 2b of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to ensure adequate sized properties are created to allow development in conformance with the applicable development standards . 6 . The establishment , maintenance and operation of the proposed conditional exception will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building . 7 . The applicant is willing and able to carry out -the purposes for which the conditional exception (variance) is sought and he wi-11 proceed to do so without unnecessary delay . FINDINGS FOR APPROVAL - TENTATIVE TRACT NO . 14655 : 1 . The size , depth, street width and other design features of the proposed subdivision for residential purposes which includes Conditional Exception (Variance) No . 92-6 are in compliance with the standard plans .and specificati-ons on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance . The reduced lot frontage was approved by the Planning Commission through the public hearing process . 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Medium Density Residential ( 15 units per gross acre) zoning were implemented . The reduced lot frontage does not result in density exceeding the General Plan . 3 . The General Plan has set forth provisions for .residential land use as well as setting forth objectives for the implementation of this type of use . The proposed ten lot subdivision meets the requirements of Medium Density Residential land use designation in the General Plan . . 4 . The site is relatively flat and physically suitable for the proposed density of 13 units per gross acre . 5 . Tentative Tract No . 14655 for a ten lot residential subdivision is consistent with. the goals and policies of the Huntington Beach General Plan. Negative Declaratio._N*92-11/ • Coastal Development Permit No . 92-9/ Conditional Exception (Variance) No . 92-6/ Tentative Tract Map No . 14655 Page Three FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 92-9 : 1 . The proposed single family residential development conforms with the plans , policies , requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2 . Coastal Development Permit No . 92-9 is consistent with the CZ (Coastal Zone) suffix, the Oldtown Specific Plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property and by imposition of conditions of approval revising lot 10 to comply. 3 . At the time of occupancy, the proposed single family residential development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan . 4 . The proposed single family residential development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal, Act . The subject property is over 2000 feet from the ocean and therefore, will have no impact on coastal access or views across the property. 5 . Approval of the Conditional Exception (Variance) No . 92-9 will result in no modification of the requirement of the C-LUP. The proposed subdivision is consistent with the approved coastal land use designation of Medium Density Residential and will have no impact upon public coastal views or access . CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO , 92-9 : 1 . The site plan, floor plans and elevations received and dated June 3 , 1992 shall be 'the conceptually approved layout with the following modifications : a . Lot 10 shall be redesigned to comply with site coverage and exterior sideyard setback requirements of Article 913 . b. The 10-lot site plan shall be revised to, show a variation in " the front yard -setback ranging from minimum 15 feet to minimum 19 feet . Said plan shall be reviewed and approved by the Design review .Board prior to submittal for buildings permits . c . The elevations shall be revised to include a variation in exterior treatment , be generally compatible with the surrounding area , and approved by the Design Review Board . Negative Declaratior: i3092-11/ Coastal Development Permit No . 92-9/ . Conditional Exception (Variance) No . 92-6/ Tentative Tract Map No . 14655 Page Four d . Corner radius shall be shown at Lake and Frankfort and also at Lake and Pecan . 2 . Prior to submittal for building permits , the applicant/owner shall complete the following : a . Submit three copies of the site plan to the Planning Division for addressing purposes . b . Depict all utility apparatus , such as but not limited to backflow devices and Edison transformers , on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director . C . 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 ; and low-volume heads shall be used on all spigots and water faucets . d . If foil-type insulation is to be used , a fire retardant type shall be installed as approved by the Building Division and indicated on the floor plans . e . . The 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 , prepared under the supervision of a person experienced in the field of acoustical . engineering, with the application for building permit (s) . f . Elevations shall depict colors and building materials proposed and as approved by the Design Review Board . g . All rooftop mechanical equipment shall be screened from any view. 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 must be submitted showing screening and must be approved . \1 Negative Declaration, No4k2-11/ Coastal Development Permit No . 92-9/ Conditional Exception (variance) No . 92-6/ Tentative Tract Map No . 14655 Page Five h. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used . All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations . i . A detailed soils analysis shall be prepared by a registered Soils Engineer . This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading , chemical and fill properties , foundations , retaining walls , streets , and utilities . j . The Design Review Board shall review and approve the following : ( a) Special architectural treatment shall be provided on all building walls . (b) Revised site plan and elevations as modified pursuant to Condition No . 1 . (c) Proposed structures shall be architecturally compatible with existing structures . k. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3 . Prior to issuance of building permits , the applicant/owner shall complete the following : a . A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved . . The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing . plant materials ( location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . The landscape plans shall be in conformance with Section 9130 . 12 of the Huntington Beach Ordinance Code . The set must be approved by both departments prior to issuance of building permits . The three existing trees on Lake Street shall be saved . j •Negative Declaration N 92-11/ Coastal Development Permit No . 92-9/ Conditional Exception (variance) No . 92-6/ Tentative Tract Map No . 14655 Page Six C . A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A . plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . d . All applicable Public Works fees shall be paid . e . Final Tract Map shall be accepted by the City Council , recorded with the Orange County Recorder and a copy filed with the Department of Community Development . f . The property owner shall sign, notarize , and record with the County Recorder a Covenant assuring that each single family residence will be maintained as one ( 1) dwelling unit . g . An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees , customers , contractors , etc . , during the project ' s construction phase . h . Any proposed fencing plans shall depict decorative materials and be submitted for review and approval . 4 . Low volume fixture heads and ultra-low flush toilets shall be incorporated into the portable water system of each unit . 5 . Site cleanup and removal of any existing contaminated soils as directed and approved by the Fire Department in compliance with state and local requirements . 6 . . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 7 . 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. 8 . Installation of required landscaping and irrigation systems shall be completed prior to final inspection of each lot . 9 . 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; Negative Declaration i4oI&2-11/ Coastal Development Permit No . 92-9/ Conditional Exception (Variance) No . 92-6/ Tentative Tract Map No . 14655 Page Seven 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 . 10 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 11 . Prior to final building permit approval or i-ssuance of a Certificate of Occupancy, the following shall be completed : a . All improvements ( including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein . b. Compliance with all conditions of approval specified herein shall be accomplished . 12 . This Coastal Development Permit shall become null and void unless exercised within two (2) years of the date of final approval , or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date . 13 . The developer shall provide two (2) affordable units on-site or shall work with the Redevelopment Agency staff to satisfy the 15% affordable housing requirement applicable to the 10 lot residential project located in the Main-Pier Redevelopment Project Area) prior to issuance of building permits . CONDITIONS OF APPROVAL - TENTATIVE TRACT 14655 : 1 . The tentative tract map received and dated June 3 , 1992 , shall be the approved layout subject to the following revisions : a . Revise map to show Frankfort Avenue typical section ( remove and replace half street) . b. Revise map to show alley "A" to be 8 inch thick PCC concrete . Negative Declaration. IVow-11/ Coastal Development Permit No . 92-9/ Conditional Exception (variance) No . 92-6/ Tentative Tract Map No . 14655 Page Eight C . Revise map to show 6 inch concrete curb along east side of alley. 2 . Public Works requirements are as follows : a . All vehicular access rights to Lake Street , Pecan Avenue, and Franfort Avenue shall be released and relinquished to the City of Huntington Beach . b. Submit a Soils Report to the Director of Public Works . C . Alley "A" shall be dedicated to the City of Huntington Beach. d . A radius of 21 . 67 feet , at the corner of Lake Street and Frankfort Avenue, shall be dedicated to the City of Huntington Beach . e . Alley "A shall be constructed of 8" thick PCC concrete . f . A 6 inch concrete curb shall be constructed along the east side of Alley "A" . g . There shall be no utilities installed within Alley "A" h. Remove and dispose of existing CMP pipe within Frankfort Avenue and at the corner of Lake Street and Frankfort Avenue . i . Remove and replace existing curb, gutter , sidewalk, and paving to centerline of Frankfort Avenue, Lake Street , and Pecan Avenue, adjacent to Tract boundary. Pavement design shall be for a 20 year service life .' j . Relocate existing fire hydrant on Frankfort Avenue. k. The three existing trees on Lake Street shall be saved . Negative Declaration N 92-11/ Coastal Development Permit No . 92-9/ Conditional Exception (Variance) No . 92-6/ Tentative Tract Map No . 14655 Page Nine 1 . Remove existing tree on Frankfort Avenue . M. The curb return radii shall be 35 feet at Lake and FRankfort and 25 feet at Lake and Pecan . n . Remove and replace existing cross gutter at Lake Street and Pecan Avenue . o . Submit sewer study on existing local sewer to verify capacity. p . New sewer laterals to be core drilled or cut in wye (tapping is not allowed) . q . Side yard area drains shall be installed for each lot . r . Side yards less than 5 foot wide shall be paved prior to final inspection . S . Underground all utilities along property frontage, excluding 66 KV lines . t . Water line installation shall be per Water Division Standard Plans and Specifications . Sizing of domestic water services shall be in accordance with applicable* Uniform Plumbing Ordinances . - U . Backflow protection shall be provided if any water fixture exceeds 20 feet in elevation above the water main . V . Low volume fixture heads and ultra-low flush toilets shall be incorporated into the potable water system of each unit . w. The Developer shall submit water improvement plans , showing service connections to all lots , fire hydrants , and other appurtenances in accordance with applicable U. P.C. Ordinances and Public Works Standards . These plans shall be approved by the Public Works Water Division. X . Submit as-built improvement and grading plans , photo mylar of the recorded final map, and microfilm cards of improvements plans , grading plans , and final map prior to release of the final unit. 3 . The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits , whichever occurs first . I Negative Declaration No . 92-11/ • Coastal Development Permit No . 92-9/ Conditional Exception (Variance) No . 92-6/ Tentative Tract Map No . 14655 Page Ten CONDITIONS OF APPROVAL CONDITIONAL EXCEPTION (VARIANCE) NO 92-6 : 1 . No deviations from the development standards of the Huntington Beach Ordinance Code shall be permitted . 2 . This conditional exception (variance) shall become null and void concurrent with the expiration of Tentative Tract Map No . 14655 . I hereby certify that Negative Declaration No . 92-11 , Coastal Develoment Permit No . 92-9 , Conditional Exception (Variance) No . 92-6 and Tentative Tract Map No . 14655 were approved by the Planning Commission of the City of Huntington Beach on June 16 , 1992 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval . Sincerely, Mike Adams , Secretary Planning Commission by: -� &'� V Scott Hess Senior Planner (3657d-6 , 15) POLICY NUMBER: 8020177GLP COMAMROL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON_ OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: COUNTY OF ORANGE, THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES, AND ALL PUBLIC AGENCIES AS DETERMINED BY THE CITY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. INSURED: TNR DEVELOPMENT CORPORATION DBA: ISLAND PACIFIC HOMES o CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑