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HomeMy WebLinkAboutFinal Tract Map 16338 - Pacific City - Makallon Atlanta - Vi 7- 7- Council/Agency Meeting Held _O - d o D Deferred/Continued to `4Appr ved ❑ Conditionally Approved ❑ Denied Ci er Signs re Council Meeting Date August 2 2010 Department ID Number PW 10-028 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson City Administrator PREPARED BY Travis K Hopkins PE Director of Public Works SUBJECT Approve Amendment 1 to Subdivision Agreement with Makallon Atlanta Huntington Beach LLC (Makar) for Tract No 16338 extending the term for completion of infrastructure improvements at the Pacific City development project Statement of Issue An amendment to the Subdivision Agreement Makallon Atlanta Huntington Beach LLC (Makar) to extend the term for completion of infrastructure improvements is submitted for City Council approval Financial Impact No funds required for this action Completion of the development project will enhance city revenues through various sources Recommended Action Motion to Approve and authorize the Mayor and City Clerk to execute Amendment 1 to Subdivision Agreement By and Between the City of Huntington Beach and Makallon Atlanta Huntington Beach LLC for Tract No 16338 Alternative Action(s) Do not approve the amendment to the Subdivision Agreement -129- Item 10 a Page 1 H I IT 'A' PERIMETER IMPROVEMENT PLAN FENCE JERSEY BARRIER 0 �a ASPHALT SKIEWAU( wQ 3 PARKWAYS AND MEDIANS AS PER V APPROVED PLANS PACIFIC COAST HIGaH- \� TEMPORARY SIDEWALK ENLARGEMENT TRACT NO 16338 PACIFIC VIEW AVENUE (NOT A PART) I ` I \l r I d 1 I EXISTING PARKING STRUCTURE \ � f --- - -�---* - - •-- PAC E�SST NISzH��x ti PACIFIC COAST HIGHWAY AREA OF CHANGE TYPICAL TEMPORARY SIDEWALK LAYOUT SEE ENLARGEMENT ABOVE DATE MARCH1 2010 SCALE NOT TO SCALE PACIFIC CITY m HUNTINGTON BEACH ® a City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 0 ' ® OFFICE OF THE CITY CLERIC JOAN L FLYNN CITY CLERK August 3 2010 Makallon Atlanta Huntington Beach LLC 4100 MacArthur Blvd Ste 200 Newport Beach CA 92660 To Whom it May Concern Enclosed for your records is a fully executed copy of Amendment No 1 to Subdivision Agreement by and between the City of Huntington Beach and Makallon Atlanta Huntington Beach LLC for Tract No 16338 Sincerely 09 Joan L Flynn CMC City Clerk JF pe Enclosure Sister U*VAfj"WAn ® Waitakere New Zealand (Telephone 714 536 5227) S � -7, C 7 Council/Agency Meeting Held: o m Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denie it erk' ign ye Council Meeting Date: 8/20/2007 Department ID Number: PL 07-26 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, City Administratr� L. PREPARED BY: SCOTT HESS, AICP, Director of Planningl_ TRAVIS HOPKINS, Acting Director of PufWorks SUBJECT: APPROVE FINAL TRACT MAP NO. 16338 AND AGREEMENTS (PACIFIC CITY) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 16338 to subdivide a 27.8 acre parcel located between Pacific Coast Highway, Atlanta Avenue, First and Huntington Streets, a Subdivision Agreement, Special Utility Easement Agreement, and other agreements necessary for compliance with the conditions of approval, are being submitted for City Council approval. Funding Source: Not applicable Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16338 and accept the offer of dedication and improvements, pursuant to findings and requirements (ATTACHMENT NO. 1)." 2. "Approve the Subdivision Agreement between the City and Makallon Atlanta Huntington Beach, LLC, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 3. "Approve the Special Utility Easement Agreement between the City of Huntington Beach and Makallon Atlanta Huntington Beach, LLC, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 7)." 4. "Approve the License and Maintenance Agreement between the City of Huntington Beach and Makallon Atlanta Huntington Beach, LLC, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 8)." 5. "Approve the Agreement Regarding Village Green Park between the City of Huntington Beach and Makallon Atlanta Huntington Beach, LLC, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 9)." 6. "Approve the Agreement Regarding City Requirements between the City of Huntington Beach and Makallon Atlanta Huntington Beach, LLC, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 10)." Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Final Tract Map No. 16338, reject the offer of dedication and improvements, and reject the proposed agreements." 2. "Continue Final Tract Map No. 16338, the offer of dedication and improvements, and the proposed agreements." Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Ethen Thacher Makallon Atlanta Huntington Beach, LLC 4100 MacArthur Blvd., Suite 200 Newport Beach, CA 92660 ENGINEER: Rory S. Williams Hunsaker and Associates: Irvine Inc. 3 Hughes Irvine, CA 92618 LOCATION: 21002 Pacific Coast Highway (between First and Huntington Streets, south of Atlanta Avenue) ZONE: SP5-7A-CZ (Downtown Specific Plan — District 7A: Visitor-Serving Commercial — Coastal Zone) and SP5-8A-CZ (Downtown Specific Plan — District 8A: High Density Residential — Coastal Zone) GENERAL PLAN: CV-F7-sp (Commercial Visitor — Max. 3.0 Floor Area Ratio — Specific Plan Overlay) and RH-30-sp (High Density Residential — Max. 30 u/gac — Specific Plan Overlay) NO. OF ACRES: 27.8 acres (31.5 gross acres) NO. OF NUMBERED LOTS: 3 NO. OF LETTERED LOTS: 0 NO. OF UNITS: 516 residential units -2- REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: PL 07-26 DATE OF COMPLETE APPLICATION: August 6, 2007 MANDATORY PROCESSING DATE: September 4, 2007 B. DISCUSSION: Final Map On May 5, 2004, the Planning Commission approved Environmental Impact Report No. 02- 001, Tentative Tract Map No. 16338, Conditional Use Permit No. 2002-020, Special Permit No. 2002-004, and Coastal Development Permit No. 2002-012 for the development of a 191,000 sq. ft. mixed-use project with retail, office, restaurant, cultural, and entertainment uses, a 400 room, eight story hotel, spa and health club above two levels of subterranean parking, and 516 multiple-family residential condominium units above two levels of subterranean parking. Tentative Tract Map No. 16338 is a 27.8 acre three-lot subdivision for condominium purposes. On June 7, 2004, the City Council approved the project on appeal. Since then, the hotel has been redesigned and reduced to approximately 165 rooms. On October 16, 2006, the City Council/Redevelopment Agency approved an Owner Participation Agreement (OPA) with Makar Properties, LLC. The OPA allows Makar to satisfy their park and recreation in lieu fee requirements by funding construction of a senior center. The total amount of Makar's park and recreation obligation will be determined through an appraisal on the property to evaluate the land value. As required by the Zoning Code, an appraisal report was finalized and distributed to Makar Properties on July 3, 2007. On July 12, 2007, Makar appealed the conclusions of the appraisal report and decided to submit a second appraisal as permitted by the Huntington Beach Zoning and Subdivision Ordinance. This final map is being submitted for City Council approval while the applicant is pursuing the appeal process. Pursuant to the OPA agreement, the final park and recreation in lieu fee will be paid after the senior center is completed. On August 8, 2007, the Huntington Beach Union High School District provided Makar with a letter stating that they have been discussing school fees with Makar over the past several months. The District is currently reviewing Makar's Draft Pacific City School Mitigation Agreement and believes an agreement will be reached within the next 30 to 60 days. According to the Pacific City conditions of approval, school fees must be paid prior to the recordation of the final map. The final map has been examined and certified by the City Engineer for conformance with the conditions of approval of the tentative map as approved by the City Council on June 7, 2004. -3- 8/15/2007 8:51 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: PL 07-26 Agreements Prior to recordation of the final map, a developer is typically required to complete construction of public improvements. The developer may enter into a Subdivision Agreement with the city to allow delay of construction of the public improvements. As part of the Subdivision Agreement, the developer may substitute bonds for construction of these required improvements. On April 17, 2006, City Council accepted the Faithful Performance, Labor and Material, and Monument Bonds for the Pacific City project. The Subdivision Agreement is now proposed for approval. A Special Utility Easement Agreement is a typical requirement for a development project where public water systems are located on private property. The agreement defines each of the party's responsibilities for the public water improvements located within the easement area. It defines requirements for access to the property to maintain, repair, relocate or replace water utilities and to restore any work areas. It also defines developer and/or future master associations' responsibilities to repair and replace enhanced architectural pavement, landscaping, or irrigation facilities within the easement. Makar has requested minor amendments to the City's standard agreement language, which requires approval by the City Council. Public Works supports Makar's requested amendments. Makar Properties is required to provide a License and Maintenance Agreement to ensure continual maintenance of improvements installed within the public right-of-way adjacent to and within the Pacific City development. The agreement delineates both Makar Properties' and the City's obligations with respect to the maintenance and replacement of landscaping, hardscape, and other improvements. In general, the Pacific City homeowner and commercial associations are responsible for the maintenance, repair and replacement of all installed landscaping and hardscape within the improvement area. Maintenance includes, but is not limited to removal of graffiti, paint, stickers, wax and other materials. Landscaping is to be maintained in accordance with the Arboricultural and Landscape Standards and Specifications issued by the Department of Public Works. Any damaged hardscape or landscape must be repaired promptly. Makar Properties is proposing to comply with two other conditions of approval via an Agreement Regarding Village Green Park and an Agreement Regarding City Requirements. Specifically, the conditions require that the Village Green Park remain dedicated in perpetuity for public use and not converted to private use. The proposed agreement accomplishes this permanent public use of the park. Secondly, the Agreement Regarding City Requirements binds the Master Commercial Association and the Master Residential Association to the conditions, restrictions, and guidelines found in the conditions of approval, code requirements, and mitigation measures, as approved by the City Council on June 7, 2004. -4- 8/15/2007 8:51 AM ATTACHMENT # 10 RECORDING REQUESTED BY Recorded in Official Records Orange County AND WHEN RECORDED RETURN TO Tom Daly Clerk Recorder110011111911BBIII9IIII�I9118EIIIOB1119�I10�III�III�IIOIIiI8111S191011111101N0 FEE City clerk 2007000628743 09 02am 10I15101 City of Huntington Beach 106 207 Al2 68 2000 Main Street 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 Huntington Beach CA 92648 [Space above this line for Recorder s use] This document is ezempt from recording fees pursuant to Gooernment Code Section 6103 f j AGREEMENT REGARDING CITY REQUIREMENTS This Agreement Regarding City Requirements ("Agreement") is made by and between MAKALLON ATLANTA HUNTINGTON BEACH, LLC, a Delaware limited liability company ("Declarant' and the City of Huntington Beach a municipal corporation of the State of California("City') with reference to the following facts A Declarant is the owner of that certain real property situated in the City of Huntington Beach County of Orange ("County'), State of California, described more particularly as follows (the "Property' Lots 1, 2 and 3 of Tract No 16338, as shown on a Subdivision Map recorded in Bookb-73 Pages ' through a, inclusive of Miscellaneous Maps, in the Office of the Orange County Recorder Declarant intends to encumber Lots 2 and 3 of the Property with a commercial declaration of covenants conditions,restrictions, and reservation of easements (the "Commercial Declaration') Pursuant to the Commercial Declaration Grantor shall form or cause to be formed the Pacific City Master Commercial Association(the "Master Commercial Associatron'� Grantor also intends to encumber Lot 1 of the Property with a residential master declaration of covenants, conditions, restrictions, and reservation of easements (the "Residential Declaration's Pursuant to the Residential Declaration, Grantor shall form or cause to be formed the Pacific City Master Residential Association(the "Master Residential Association") The Master Commercial Association,Master Residential Association, and any other residential homeowners association and/or commercial association formed by Declarant to own, manage maintain or operate any portion of the Property shall hereafter be deemed the "Associations " B City desires to bind in perpetuity the Associations to the conditions restrictions and guidelines found in the (i) City Council Approved Findings and Conditions of Approval for Pacific City Project(Tentative Tract Map No 16338/Conditional Use Permit No 02 20/ Special Permit No 02 04/Coastal Development Permit No 02-12/Master Plan-Pacific City Mixed Use Project) dated June 14, 2004 and attached hereto as Exhibit (n) Mitigation Monitoring 1 5601 41829\AGRMT1 704264 4 8/14/07 Program attached hereto as Exhibit B and(in) Development and Use Requirements"attached hereto as Exhibit C(collectively,the "City Requirements' NOW THEREFORE, for valuable consideration the receipt of which each of the parties acknowledge,the parties agree as follows 1 City Requirements Effective upon the recordation of the Commercial Declaration the Master Commercial Association shall automatically be subject to and bound by the City Requirements pertaining to Lots 2 and 3 of Tract No 16338 Effective upon the recordation of the Residential Declaration, the Master Residential Association shall automatically be subject to and bound by the City Requirements pertaining to Lot 1 of Tract No 16338 The obligations intended to be effective against the Associations shall include, but not be limited to,the obligations contained in(a)the City Requirements, (b)that certain License and Maintenance Agreement recorded onSeptember 28 , 200 7 as instrument no 2007000588431 and(c) Special Utility Easement Agreement recorded on September 28 , 200 7as instrument no 2007000588430 both in Official Records of Orange County California 2 Enforcement City may enforce all provisions of this Agreement in any manner it chooses including but not limited to,revocation of Conditional Use Permit No 02-04/Coastal Development Permit No 02-12 3 Liti2atlon Expenses (a) General If either party hereto brings an action or proceeding (including any cross complaint, counterclaim, or third party claim) against the other parry by reason of a default or otherwise arising out of this Agreement the prevailing parry in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys fees which shall be payable whether or not such action is prosecuted to judgment "Prevailing Party"within the meaning of this Section 3 shall include without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action (b) Appeal Attorneys fees under this Section 3 shall include attorneys' fees on any appeal, and, in addition, a parry entitled to attorneys fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action (c) Alternative Dispute Resolution City and Declarant may,but are not required to, submit any factual or other(to the extent City is not prohibited by law or otherwise from doing so) dispute arising under this Agreement to non-binding arbitration, mediation, judicial reference or other alternate dispute resolution mechanism("ADR' of non judicial dispute resolution The party requesting ADR shall give written notice of its request specifying the requested ADR procedure, to the other parties, who shall notify the requesting parties of its agreement or refusal to proceed within a reasonable time after receipt of the requesting notice If the parties agree to proceed they shall select a mutually acceptable individual, with qualifications appropriate to the subject matter of the dispute,to conduct the designated ADR or, if the parties cannot agree on such individual they shall submit the dispute for the applicable ADR to a commercial ADR service In all events, the proceedings shall be conducted only in a 11 5601 41829\AGRMT1 704264 4 8/14/07 manner acceptable to both parties The parties may enter into operating memoranda from time to time to establish procedures for the initiation and conduct of such ADR mechanisms 4 Time Time is of the essence of this Agreement and each and every part hereof 5 Covenants Each of the covenants set forth in this Agreement(i) shall run with the land (ii) shall be binding upon, and shall inure to the benefit of any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby during the period of such person's or entity s ownership and all of their respective successive owners and assigns and(ill) shall be binding upon and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein 6 Amendment This Agreement may be amended or otherwise modified only in writing signed and acknowledged by City and Declarant, or the successors and assigns of each 7 Successors and Assigns Subject to Section 1 above, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns 8 Exclusive Benefit of Parties The provisions of this Agreement are for the exclusive benefit of City and Declarant and their successors and assigns subject to the provisions hereof, and not for the benefit of nor give rise to any claim or cause of action by any other person 9 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California 10 Counterparts This Agreement may be executed in any number of counterparts each of which shall be entitled to be the original and all of which shall constitute one and the same agreement 11 References, Titles Wherever in this Agreement the context requires, reference to the singular shall be deemed to include the plural Titles of sections and paragraphs are for convenience only and neither limit nor amplify the provisions of this Agreement 12 Notice Any notice given under this Agreement shall be in writing and given by delivering the notice in person,by commercial couner or by sending it by registered or certified mail, or Express Mail,return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given For the convenience of the parties, copies of notices may also be given by telefacsimile to the telephone number listed below or such other numbers as may be provided from time to time For Declarant Makallon Atlanta Huntington Beach LLC 4100 MacArthur Boulevard, Suite 200 Newport Beach, CA 92660 Attn Project Manager Telefacsimile (949) 255 1128 lli 5601 41829\AGRMT1 704264 4 8/14/07 For City City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telefacsimile ((714) 536 5233 Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telefacsimile (714) 374-1648 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten(10)days prior to the effective date of the change All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed on the delivery date or attempted delivery date shown on the return receipt A person may not give official or binding notice by telefacsimile The effective time of a notice shall not be affected by the receipt prior to receipt of the original, or a telefacsimile copy of the notice 13 Severability If any provision of this Agreement shall to any extent be invalid or unenforceable the remainder of this Agreement(or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement,unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law 14 Entire Agreement This Agreement together with any attachments hereto or inclusions by reference constitute the entire agreement between the parties on the subject matter hereof and this Agreement supersedes and cancels any and all previous negotiations, arrangements agreements and understandings, if any between the parties hereto with respect to the easements which are the subject matter of this Agreement 15 Survival All representations, warranties waivers and indemnities given or made hereunder shall survive termination of this Agreement [SIGNATURES ON FOLLOWING PAGES] IV 5601 41829\AGRMT1704264 4 8/14/07 IN WITNESS WHEREOF this Agreement has been executed by the parties hereto on August 20 , 200 7 CITY CITY OF HUNTINGTON BEACH a municipal corporation of the State of California A M or ATTEST City Clerk (PURSUANT TO RESOLUTIO O 2003 29) A VED AS TO FORM L4 City Attorne A APPR VED AS TO FORM Director of Planning REVIEWED4 r D PROVED �-.City Kministrator V 5601 41829\AGRM I 704264 4 8/14/07 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C— On O7 --�— before me L -L, Defte Name and Title of Officer(e g Jane Poe Notary Public) personally appeared Name(s)of Signer(s) rsonally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized P L ESPARZA capacity(ies) and that by his/her/their signature(s) on the Comnrusslon#1599179 instrument the person(s) or the entity upon behalf of Nola a hdit Co#kX � which the person(s) acted executed the instrument Orange Cody QMvComm Expires Aug 4 2009 WITNESS my hand and official seal Place Notary Seal Above Signature r Sign lure of Notary Pub 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 Description of Attached DocpMent. _ Title or Type of Document 1 Document Date �J�/ � Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General U1, ❑ Partner—❑ Limited ❑ General El Attorney in Fact El Attorney in Fact ' ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing Signer Is Representing 0 2006 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth CA 91313 2402 Item No 5907 v609 Reorder Call Toll Free 1 800 876 6827 DECLARANT MAKALLON ATLANTA HUNTINGTON BEACH, LLC, a Delaware limited liability company By Makar Properties LLC a Delaware limited liability company an Authorized Member By Name Title By Name g,wel $.V.P ad f Title Vl 5601 41829\AGRMT1704264 4 8/14/07 STATE OF CALIFORNIA COUNTY OF 0,,QxQ e, On_dY/s�lLl��S¢I h , before me (here insert name and title of the icer) personally appeared personally known to me nn rh1 ha����f S fttt8 f e y e"A-„ to be the person whose name is subscribed to the within instrument and acknowledged to me that he/ executed the same in his,>�authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Signature !11-�7�� - - - — 0� (SEAL) H rie', COTR1WW N 1"7240 NOM public Caftff" Orange County My CM"Exp "MOV 15 201 4 STATE OF CALIF��ORNIA COUNTY OF On �l//rc'/�S��� �O, before me, (here insert name and title of the officer personally appeared I �S 7 / (•� personally known to me ( to be the person whose name is subscribed to the within instrument and acknowledged to me that he/executed the same in his/jx'r"'authonzed capacity, and that by hisl signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal PILAR M SMANO CoffunUlon#1667240 N01M PUM CaBfornio Orange County Signature MyCornm ExplreaMay15201 (SEAL) Vll 5601 41829\AGRM71704264 4 8/14/07 EXHIBIT A CITE'COUNCIL.APPROVED FINDINGS AND CONDITIONS OF APPROVAL, 1X 5601 41829\AGRM'1\704264 4 8/14/07 CITY COUNCIL APPROVED FINDINGS AND CONDITIONS OF APPROVAL FOR PACIFIC CITY PROJECT (TENTATIVE TRACT MAP NO 16338/CONDITIONAL USE PERMIT NO 02-20/ SPECIAL PERMIT NO 02-04/COASTAL DEVELOPMENT PERMIT NO 02-12/ MASTER PLAN--PACIFIC CITY MIXED USE PROJECT) (June 14,2004) FINDINGS FOR APPROVAL-TENTATIVE MAP NO 16338 1 Tentative Tract Map No 16338 to subdivide approximately 27 8 acres (31 5 gac) into three parcels (a 17 2 acre parcel for residential condominium purposes, a 6 47 acre parcel for retail, office restaurant, cultural, and entertainment development and a 4 12 acre parcel for a hotel development), dedicate a 2 03 acre easement for a Village Green Park/open space and a 20 foot wide pedestrian corridor easement with public access, and dedicate Pacific View Avenue per the Precise Plan of Street Alignment is consistent with the General Plan Land Use Map designations on the subject site The commercial portion of the site is designated CV F7-sp (Commercial Visitor Max 3 0 Floor Area Ratio Specific Plan Overlay) and General Plan Subarea 4C(PCH/Lake Street), and the residential portion of the site is RH 30- sp (High Density Residential Max 30 u/gac Specific Plan Overlay) and General Plan Subarea 4I(Atlanta First Street) The subdivision will provide for a mixed-use project consistent with the design concept envisioned by the Downtown Specific Plan and General Plan, and will provide for necessary public improvements around the site In addition, the applicant will pay the full City Park Land In Lieu Fees 2 The site is physically suitable for the type and density of development The 27 8 acre project site provides the necessary area for a mixed use development(191 100 sq ft mixed-use project with retail, office, restaurant, cultural, and entertainment uses a 400 room eight story hotel spa and health club above two levels of subterranean parking and 516 multiple-family residential condominium units above two levels of subterranean parking)consistent with the intensity and density of the Downtown Specific Plan—District 7A(Visitor Serving Commercial)and 8A (High Density Residential)with a Coastal Zone overlay, the General Plan designations and with the implementation of mitigation measures 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 Notwithstanding the foregoing,the City Council may approve such a tentative map if an environmental impact report was prepared with respect to the project, subject to a finding being made that specific economic social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report 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 tentative map provides all the necessary easements and access requirements of the City for the public and provides the necessary public improvements The improvements include AHB_PC Conditions of Approval_040604 doc Attachment 1 1 dedications, curbs, gutters sidewalks, streets, and easements with public access through the development and to a Village Green park/open space easement to adequately serve the site and adjacent properties FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO 02-20 1 Conditional Use Permit No 02-20 to construct a 19 1,100 sq ft mixed use project consisting of retail, office restaurant, cultural and entertainment uses and a 400 room, eight story hotel, spa and health club above two levels of subterranean parking with 1,542 spaces construct 516 condominium units within a mix of two,three, and four story buildings above two levels of subterranean parking with 1,291 spaces, permit alcohol beverage sales, live entertainment indoors and outdoors dancing 10 550 sq ft of outdoor dining carts and kiosks in conjunction with the mixed commercial and hotel development permit a reduction in the number of parking spaces required for the mixed use project(1,542 spaces in lieu of min 1,776 spaces) and for tandem parking spaces permit valet service parking entrance gates, attendant booths, and/or collection of fees within the subterranean parking garage,permit any additional soil remediation activities for the site to complement and complete the prior and on-going remediation activities which may include but are not limited to excavation, temporary stockpiling, and on-site remediation, permit associated infrastructure improvements including the extension of Pacific View Avenue permit development on a site with a grade differential of greater than three (3) feet from the low to the high point improve a 2 03 acre Village Green Park easement and Master Plan will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood The project has been evaluated for compatibility with the surrounding neighborhood and includes perimeter buildings that provide transition and scale to adjacent properties, provides more than code required residential open space and open air commercial amenities is designed on a pedestrian scale and character provides the required parking to serve the uses on site, and meets the goals and policies of the General Plan 2 The conditional use permit will be compatible with surrounding uses because the project is designed with a contemporary Mediterranean architectural theme which is compatible with the Downtown Design Guidelines and the project will provide architectural elements and features to enhance the pedestrian character and scale of the street scene surrounding the project In addition, the project incorporates the proper massing and scale the design features of the Mediterranean architectural style and the colors and materials recommended by the Design Guidelines for the Downtown The project will provide public improvements to make the project compatible with other adjacent public improvements required of downtown development to provide a consistent streetscape for the project area The project also is designed with buildings that terraces with the grade, especially along Huntington Street 3 The conditional use permit for 1,542 parking spaces in lieu of the 1 776 spaces required per Schedule A in Section 23104 of the ZSO for the Reduced Project Alternative Plan (191 100 sq ft) is substantiated by the Parking Demand Analysis prepared by Lmscott, Law, and Greenspan dated October 15 2003 This analysis is based on the proposed use of the buildings which will not generate additional parking demand than the proposed 1,542 spaces AHB_PC Conditions of Approval_040604 doc Attachment 12 In addition, a Transportation Demand Management Plan which exceeds the minimum required by Section 230 36 of the ZSO will be submitted prior to issuance of a building permit 4 The proposed request will comply with the provisions of the base district and other applicable provisions in the Downtown Specific Plan and Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance The proposed project with the special permits provides a development that is consistent with the design guidelines, is compatible with the scale and transition of surrounding development, and provides consistent public improvements for the development 5 The granting of the conditional use permit will not adversely affect the General Plan It is consistent with the Land Use Element designation of CV F7-sp (Commercial Visitor-Max 3 0 Floor Area Ratio Specific Plan Overlay) and General Plan Subarea 4C (PCH/Lake Street) for the commercial portion of the site and RH 30-sp (High Density Residential Max 30 u/gac Specific Plan Overlay) and General Plan Subarea 4I (Atlanta First Street) for the residential portion of the site In addition, it is consistent with the following goals and policies of the General Plan A Land Use Element Goal LU I Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach Policy LU 1 1 2 Promote development in accordance with the Economic Development Element Goal L U 2 Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services Policy L U 2 1 7 Ensure that development shall not occur without providing for adequate school facilities Goal LU 4 Achieve and maintain high quality architecture, landscape, and public open spaces in the City Policy LU 4 11 Require adherence to or consideration of the policies prescribed for Design and Development in the Huntington Beach General Plan, as appropriate Policy LU 4 1 2 Require that an appropriate landscape plan be submitted and implemented for development projects subject to discretionary review PolicyLU4 2 1 Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations including new, adaptively re-used, and renovated buildings AHB_PC Conditions of Approval_040604 doc Attachment 1 3 Polacv LU 4 2 4 Require that all development be designed to provide adequate space for access and parking Policy L U 4 2 S Require that all commercial industrial, and public development incorporate appropriate design elements to facilitate access and use as required by State and Federal Laws such as the American's with Disabilities Act Goal LU 7 Achieve a diversity of land uses that sustain the City's economic viability,while maintaining the City s environmental resources, scale and character Policy LU 71 2 Require that development be designed to account for the unique characteristics of project sites and objectives for community character and in accordance with the Development Overlay Schedule, as appropriate Polacv L U 71 S Accommodate the development of a balance of land uses that maintain the City s fiscal viability and integrity of environmental resources Goal L U 8 Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for City s neighborhoods, corridors and centers Polacv LU 81 1 Accommodate land use development in accordance with the patterns and distribution of use and density depicted on the Land Use Plan Map in accordance with the appropriate principles Polacv LU 9 3 1 Permit the development of master planned residential projects that incorporate a mix of housing types neighborhood serving commercial services, schools, parks, open space and other elements in areas designated for residential on the Land Use Map Polacv L U 9 3 2 Require the design of new residential subdivisions to consider the following a Establish a street configuration involving the interconnection of individual streets that emphasizes a pattern of blocks' rather than cul de sacs b Integrate public squares,mini-parks or other landscaped elements c Cluster residential units and, if possible, integrate small clusters of multi-family housing within single family areas to preserve open space d Establish a common gathering or activity center within a reasonable walking distance of residential neighborhoods This center may contain services such as child or adult-care,recreation,public meeting rooms recreational facilities small convenience commercial uses, or similar facilities e Site common facilities around a public park or plaza to encourage a high level of community activity f Establish a continuous network of sidewalks,bicycle and pedestrian paths and other elements that link all community areas and provide linkages to land uses in adjacent areas g Orient housing units to neighborhood and collector streets AHB_PC Conditions of Approval 040604 doc Attachment 14 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 i Consider reduced street widths to achieve a more intimate relationship between structures to the extent feasible and in accordance with Huntington Beach Fire Department regulations J Consider an increase in front yard setbacks sidewalk widths and the inclusion of landscaped parkways especially in neighborhoods where the street width is reduced k Include alleys or other means to minimize the dominance of garages along the street frontage 1 Include setbacks and other design elements that buffer residential units from the impacts of abutting existing commercial and/or industrial development Policy LU 9 3 3 Require that nonresidential structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures The mixed-use project consisting of retail, office restaurant cultural, entertainment uses and a 400 room, eight-story hotel proposed for the site represents development that would support the needs and reflect market demand of City residents and visitors The proposed development improves the project site much of which is currently vacant and provides additional destination uses that would attract and complement new and existing retail restaurant, and hotel uses The design of the project promotes development of commercial buildings that convey a unified high-quality visual image and character It is in conformance with the City s Design Guidelines The City's Design Review Board has reviewed the proposed architecture colors and materials and recommends approval of the design concept The project provides for adequate access along all public streets and required parking pursuant to a parking analysis in a two-level subterranean parking structure The proposed multiple family residential buildings are well articulated and have enhanced building elevations along street frontages Ground floor units along the perimeter of the residential site are oriented towards the street The design of the residential subdivision includes four district neighborhoods emphasizing a cluster of buildings around a 2 03 acre village green park with recreational areas and a 20-foot wide pedestrian corridor Connecting the village green park to Pacific View Avenue is a 65 foot entry corridor that is accessible to either crosswalk on Pacific View Avenue providing access to the retail promenade With subterranean parking, there are no garages to dominate the street scene and front yard/patios become activity areas In addition there will be a landscaped parkway adjacent to the curb around the perimeter of the site The residential project is separate from commercial activities by Pacific View Avenue There will be surplus parking for the project, a total of 1 542 commercial parking spaces and 1,291 residential parking spaces are proposed The number of residential parking spaces is based on Schedule A' in Section 23104 of the ZSO, and the number of commercial/hotel parking spaces is based on a Parking Demand Analysis prepared by Lmscott Law, and Greenspan The Analysis concluded the peak demand for the Reduced Retail Commercial AHB_PC Conditions of Approval_040604 doe Attachment 1 5 Alternative Plan would be 1,372, thus, there will be 170 surplus parking spaces for the commercial/hotel development There will be public improvements made in conjunction with the project to ensure that the development is adequately served with infrastructure In addition, the developer will be paying required school fees and comply with a Mitigation Agreement with all affected school districts B Coastal Element Goal C 1 Develop a land use plan for the Coastal Zone that protects and enhances coastal resources, promotes public access and balances development with facility needs Obiective C I I Ensure that adverse impacts associated with coastal zone development are mitigated or minimized to the greatest extent feasible Policy C 1 1 1 With the exception of hazardous industrial development, new development shall be encouraged to be located within, contiguous or in close proximity to, existing developed areas able to accommodate it or where such areas are not able to accommodate it in other areas with adequate public services and where it will not have significant adverse effects, either individual or cumulative, on coastal resources Policy C 1 1 4 Where feasible locate visitor serving commercial uses in existing developed areas or at selected points of attraction for visitors Policy C 117 Encourage cluster development in areas designated for residential use within the Coastal Zone Objective C 12 Provide a land use plan that balances location type, and amount of land use with infrastructure needs Policy C 12 1 Accommodate existing uses and new development in accordance with the Coastal Element Land Use Plan and the Development and Density Schedule Table C-I Policy C 12 3 Prior to the issuance of a development entitlement, the City shall make the finding that adequate services (i e water sewer, roads, etc ) can be provided to serve the proposed development, consistent with policies contained in the Coastal Element, at the time of occupancy Policy C 2 2 3 Maintain existing pedestrian facilities and require new development to provide pedestrian walkways and bicycle routes between developments Policy C 2 4 1 Maintain an adequate supply of parking that supports the present level of demand and allows for the expected increase in private transportation use Goal C 3 Provide a variety of recreational and visitor serving commercial uses for a range of cost and market preferences AHB_PC Conditions of Approval_040604 doe Attachment 16 Obiectave C 3 2 Ensure that new development and uses provide a variety of recreational facilities for a range of income groups including low cost facilities and activities Policy C 3 2 3 Encourage the provision of a variety of visitor serving commercial establishments within the Coastal Zone, including,but not limited to shops restaurants, hotels and motels and day spas Obiectave C 4 1 Provide opportunities within the Coastal Zone for open space as a visual and aesthetic resource The proposed project would develop a mix of commercial and residential uses on parcels contiguous to similar uses in an established urban, downtown area Public services are currently available to the project site, as well as the surrounding parcels and the project includes improvements to existing infrastructure to ensure adequate service after project implementation The project includes a 2 03 acre Village Green park easement 65 foot Village Green park entry corridor and a 20 foot wide pedestrian easement corridor from Atlanta Avenue to PCH which will be available to the public Residential units are designed in building clusters Parking is provided for the residential and commercial uses in two level subterranean parking structures With the reduced commercial retail project alternative plan (191,100 sq ft) there will be surplus parking spaces for the commercial/hotel uses based on a shared parking analysis that will allow for a future demand for increased parking Views of the beach/ocean will be available from locations along the public sidewalk along the inland side of PCH and from terraced lookouts within the retail promenade walkway and the hotel C Economic Development Element Goal ED 2 Aggressively retain and enhance the existing commercial, industrial and visitor- serving uses while attracting new uses to Huntington Beach Obiectave ED 2 6 Expand and enhance the existing visitor-serving uses Policy ED 2 61 Encourage the attraction of coastal and inland visitor serving uses to offer a wider spectrum of visitor opportunities Polacv ED..2 6 2 Encourage visitor supported commercial development to concentrate in selected areas of the City, thereby creating identifiable visitor-oriented centers Goal ED 3 Enhance Huntington Beach s economic development potential through strategic and land use planning and sound urban design practices Obiectave ED 3 1 Maximize the economic viability of commercial and industrial use through the creation of specialized districts and nodes Policy ED 3 11 Create differentiated clusters or nodes of retail industrial, and office uses Policy ED 3 21 Create commercial-recreation nodes along the inland side of Pacific Coast Highway AHB_PC Conditions of Approval_040604 doc Attachment 1 7 Policy ED 3 2 2 Encourage mixed-use (retail/office/residential) structures on the downtown area and at the visitor serving nodes along Pacific Coast Highway Policy ED 3 2 3 Attract visitor-serving uses near the beach in order to create better linkages between the beach and visitor-supporting retail uses The proposed project promotes development in accordance with Huntington Beach's Economic Development Element,as retail office,restaurant, cultural, entertainment uses, and a 400 room eight story hotel development will broaden and stabilize the City's economic base and further diversify the range of overnight accommodations In addition the visitor serving retail and commercial uses would further support the economic needs of the City D Housan2�Element Policy H 3 11 Encourage the provision and continued availability of a range of housing types throughout the community,with variety in the number of rooms and level of amenities The residential portion of the project is designed for 516 residential units in four different neighborhoods There will be 15 varied floor plans in a townhome and stacked flat design The floor plan sizes range from an average of 850 sq ft to 2,450 sq ft with one two, and three bedrooms Also, 15%of the total project units will be affordable for low to moderate income families These units will be on-site and off-site E Circulation Element Policy CE 2 3 1 Require development projects to mitigate off site traffic impacts and pedestrian,bicycle, and vehicular conflicts to the maximum extent feasible Policy CE 2 3 4 Require that new development mitigate its impact on City streets including but not limited to,pedestrian, bicycle, and vehicular conflicts,to maintain adequate levels of service The applicant will be constructing Pacific View Avenue, improvements to Atlanta Ave Huntington Street, First Street and PCH,and a bus turnout on PCH The EIR included a detailed traffic analysis to document potential impacts associated with the project Mitigation would be required for the intersection of PCH and Seapomt, and PCH and Warner as well as a traffic signal at lst and Atlanta Mitigation Measures TR 1 through TR- 3 require the developer to contribute its fair share of the cost of these improvements and construct the signal F Recreation and Community Services Element Goal S Provide parks and other open space areas that are efficiently designed to maximize use while providing cost efficient maintenance and operations The residential portion of the project is required to provide 4 81 acres of open space area based on 25% of the total residential floor area The proposal is for 9 28 acres of common AHB_PC Conditions of Approval_040604 doc Attachment 1 8 and private open space which represents 53 8% of the site Some of this common area will be accessible by the public including a 2 03 acre Village Green park/open space easement, 65 foot Village Green park entry corridor and a 20 foot wide pedestrian easement corridor from Atlanta Avenue to PCH In addition the applicant will be paying the full(100%) City Park Land In Lieu Fees G Subarea Schedule Subarea 4C PCH/First Street (Commercial/Hotel Component • Permitted Uses Visitor-serving and community serving commercial uses,restaurants, entertainment and other commercial uses • Density/Intensity Maximum 3 0 FAR maximum height of eight stories • Establish a unified village character, using consistent architecture and highly articulated facades and building masses • Require vertical setbacks of structures above the second floor • Incorporate pedestrian walkways plazas, and other common open spaces for public activity • Provide pedestrian linkages with surrounding residential and commercial areas • Establish a well defined entry from PCH • Maintain views of the shoreline and ocean The mixed use project consists of retail office, restaurant, cultural entertainment uses (live entertainment and dancing) and a 400 room eight story hotel The commercial buildings are two to three stories clustered along a crescent shaped pedestrian walkway with a series of gathering areas and plazas for public activity and views to the ocean A unified high quality visual image and character is created by the unique building designs and architecture There is a 20-foot wide pedestrian walkway through the commercial project from PCH to Pacific View Avenue and then it continues through the residential area connecting Pacific View Avenue to Atlanta Avenue Along the PCH frontage is a meandering walkway with defined entries at First Street and Huntington Street Subarea 4I Atlanta-First Street(Residential Component) • Permitted Uses Multi family residential parks and other recreational amenities, schools and open spaces • Density/Intensity Maximum height of four stories Maximum 30 units per net acre © Requires the preparation and conformance to a specific plan or master plan • Establish a cohesive integrated residential development in accordance with the policies and principles stipulated for New Residential Subdivisions (Policies 9 3 1 — 934) • Allow for the clustering of mixed density residential units and integrated commercial sites • Require variation in building heights from two to four stories to promote visual interest and ensure compatibility with surrounding land uses There are 516 multiple family residential units proposed at a maximum density of 30 units per net acre in accord with the Downtown Specific Plan The units are in two to four story, well articulated buildings with enhanced building elevations along street frontages The AHB_PC Conditions of Approval 040604 doc Attachment 19 residential development is consistent with the policies of 9 3 1 to 9 3 3 as noted under the Land Use Element of this section Incorporated into the project is a 2 03-acre Village Green park easement 65 foot Village Green park entry corridor, and a 20 foot wide pedestrian easement corridor from Atlanta Avenue to PCH which will be open to the public FINDINGS FOR APPROVAL—SPECIAL PERMIT NO 02-04 1 The granting of Special Permits pursuant to Section 4 102 of the Downtown Specific Plan in conjunction with Conditional Use Permit No 02 20 is for the following a Encroach into the minimum building setback along Pacific Coast Highway(30 ft in lieu of min 50 ft) and along Pacific View Avenue(15 ft in lieu of min 20 ft), b Exceed the maximum slope percentage for three driveway ramps into the residential below grade parking structures (15% in lieu of maximum 10%) and c Exceed the maximum height for retaining walls and private patio walls in the required perimeter residential setback areas (3 5 ft to 6 ft in lieu of maximum 3 5 ft) These Special Permits result in a greater benefit from the project and will promote a better living environment because the arrangement of structures parking circulation areas, and open space areas relate to the surrounding built environment in pattern function, scale and character The commercial portion of the project is a blend of the reduced building setbacks along PCH north of the site and the greater setbacks of the hotels along PCH to the south of the site The placement and design of structures along PCH and Pacific View Avenue with reduced setbacks, except for the hotel, results in a better project because it facilitates and encourages pedestrian activity and conveys a visual link to PCH and Pacific View Avenue The reduced setbacks except for the hotel,allow for clustering of buildings to create unique plaza areas throughout the project envisioned by the 'Village Concept of the DTSP The hotel would not result in better land use planning so therefore it is conditioned to be redesigned to have a minimum 50 ft setback from the PCH right of way consistent with the DTSP and the Waterfront Hilton development to the south of the subject site The increased ramp slope is an acceptable standard for driveways without parking on either side The increased ramp slope allows for a more efficient use of land and more usable open space area resulting in a better project There will be private patio walls retaining walls, and landscaped planters along Pacific View Ave , First Street Atlanta Ave , and Huntington Street separating the ground floor private patios with the public sidewalks around the perimeter of the residential project site that will exceed the max 42 inches required by up to two ft six inches (2' 6 ) This special permit is necessary due to the grade differences between the ground floor patios and adjacent public sidewalk grades, and that there is an EIR mitigation measure that requires walls and barriers around patio areas and open space areas be shielded by at least a five ft six in (5 6")high block wall or Plexiglas sheets to minimize exterior noise levels to these areas 2 The granting of Special Permits will provide better land planning techniques with maximum use of aesthetically pleasing types of architecture landscaping site layout and design due to the use of appropriate site planning by the arrangement of structures,parking, circulation areas, and open space areas AHB_PC Conditions of Approval_040604 doe Attachment 1 10 3 The granting of Special Permits will not be detrimental to the general health welfare safety, and convenience of the neighborhood or City in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general The project has been evaluated for compatibility with the surrounding neighborhood and includes perimeter buildings that provide transition and scale to adjacent properties provides more than code required residential open space and open air commercial amenities, is designed on a pedestrian scale and character,provides the required parking to serve the uses on site, and meets the goals and policies of the General Plan 4 The granting of Special Permits will be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment The project does include the arrangement of structures,parking, circulation areas, and open space areas that relate to the surrounding built environment in pattern, function scale, and character The commercial portion of the project has varied setbacks along PCH that is similar to the existing developments to the north and south The reduced setbacks allow for clustering of buildings to create unique plaza areas throughout the project envisioned by the Village Concept' of the DTSP The incorporation of the special permits into the project benefits the overall design and therefore provides a better living environment for the resident tenant customer and visitor to the downtown area 5 The granting of Special Permits is consistent with the policies of the Coastal Element of the City s General Plan and the California Coastal Act The project is consistent with the Coastal Element goals, objectives and policies as noted under the Conditional Use Permit Findings The proposed project would develop a mix of commercial and residential uses on parcels contiguous to similar uses in an established urban, downtown area Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation The project includes a 2 03-acre Village Green park easement, 65-foot Village Green park entry corridor, and a 20 foot wide pedestrian easement corridor from Atlanta Avenue to PCH which will be available to the public Residential units are designed in building clusters Parking is provided for the residential and commercial uses in two level subterranean parking structures With the reduced retail commercial project alternative plan (191 100 sq ft) there will be surplus parking spaces for the commercial/hotel uses based on a shared parking analysis that will allow for a future demand for increased parking Views of the beach/ocean will be available from locations along the public sidewalk along the inland side of PCH and from terraced lookouts within the retail promenade walkway and the hotel The proposed special permits in conjunction with Conditional Use Permit No 02-20, Coastal development Permit No 02 12 Tentative Tract Map No 16338 and the incorporation of and implementation of adopted conditions of approval and the Mitigation Monitoring and Reporting Program of Final EIR No 02 01 will comply with State and Federal Law FINDINGS FOR APPROVAL -COASTAL DEVELOPMENT PERMIT NO 02-12 1 Coastal Development Permit No 02 12 for the development project conforms with the General Plan, including the Local Coastal Program The proposed project would develop a mix of commercial and residential uses on parcels contiguous to similar uses in an established urban downtown area Public services are currently available to the project site AHB_PC Conditions of Approval_040604 doe Attachment 1 11 as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation The project includes a 2 03 acre Village Green park easement, 65 foot Village Green park entry corridor, and a 20 foot wide pedestrian easement corridor from Atlanta Avenue to PCH which will be available to the public Residential units are designed in building clusters Parking is provided for the residential and commercial uses in two level subterranean parking structures With the reduced project alternative plan(191,100 sq ft), there will be surplus parking spaces for the commercial/hotel uses based on a shared parking analysis that will allow for a future demand for increased parking Views of the beach/ocean will be available from locations along the public sidewalk along the inland side of PCH and from terraced lookouts within the retail promenade walkway and the hotel 2 The project is consistent with the requirements of the CZ Overlay District the base zoning district, as well as other applicable provisions of the Municipal Code except for any special permits approved concurrently The proposed is consistent with the design guidelines, is compatible with the scale and transition of surrounding development and provides consistent public improvements for the development 3 At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program The proposed project will provide all necessary infrastructures to adequately service the site and not impact adjacent development In addition the project provides the necessary public improvements such as dedications curb, gutters, sidewalks, streets, easements and reciprocal access between properties to adequately serve the site and adjacent properties 4 The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act The proposed project does not conflict with any public recreation policies and it will add opportunities for access by improving the perimeter sidewalks and creating lookouts that are consistent with the City s General Plan Coastal Element, and Downtown Specific Plan as referenced in the Conditional Use Permit Findings The proposed project would develop a mix of commercial and residential uses on parcels contiguous to similar uses in an established urban, downtown area Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation The project includes a 2 03 acre Village Green park easement, 65 foot Village Green park entry corridor, and a 20 foot wide pedestrian easement corridor from Atlanta Avenue to PCH which will be available to the public Residential units are designed in building clusters Parking is provided for the residential and commercial uses in two level subterranean parking structures With the reduced project alternative plan(191 100 sq ft) there will be surplus parking spaces for the commercial/hotel uses based on a shared parking analysis that will allow for a future demand for increased parking Views of the beach/ocean will be available from locations along the public sidewalk along the inland side of PCH and from terraced lookouts within the retail promenade walkway and the hotel AHB_PC Conditions of Approval 040604 doc Attachment 1 12 CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO 16338 1 Tentative Tract Map No 16338 and associated engineering exhibits received and dated February 13 2004 for the subdivision of 34 gross acres into three lots one of which is for condominium purposes, shall be the approved layout with the following modifications a Identify gross and net acreages for each lot in the summary table b Fully dimension the Village Green park area and identify it as open to the public c Identify Lot No 1 as a lot for residential condominium purposes d Meandering public sidewalks shall be provided along the perimeter of the project in lieu of the straight public sidewalks (CC) e Traffic calming alternatives to control traffic and decrease speed along Pacific View Ave to create a more pedestrian friendly atmosphere shall be considered and subject to review and approval by the Design Review Board (CC) 2 Prior to submittal of the Final Tract Map to the Public Works Department for processing and approval the following shall be required a At least 90 days before City Council action on the final tract map, CC&Rs shall be submitted to the Planning Department for review and approval by the Community Services Department, Public Works Department, and the City Attorney The CC&Rs shall reflect the common driveway access easements and maintenance of all walls and common landscape areas by the Homeowners'Association The CC&Rs must be in recordable form prior to recordation of the Final Tract Map map 1) The CC&Rs shall include language to address the right of the public to use the 2 03 acre Village Green park easement,pocket park,minimum 65 foot Village Green park entry corridor and 20 foot wide pedestrian easement and further that the right to meander off of the easements, and to walk over,traverse, and otherwise use for recreational purposes, the areas identified as pedestrian public circulation areas depicted on the Wall & Fence Plan as approved by the Planning Commission, and the right for City to erect signs on the easements or pedestrian public circulation areas designating such property as being open for public use and access 2) Grantor may not make any improvements to the easements or the pedestrian public circulation areas (including, without limitation, the installation of entry gates, signs prohibiting or restricting entry, or other improvements) or take any action(excluding normal maintenance) that would affect, in any manner the right of the public to the unimpeded use of the easements or pedestrian public circulation areas without the prior written consent of Grantee which Grantee may give or withhold in Grantee's sole and absolute discretion The CC&Rs shall include language that requires the Master Association to maintain the 2 03 acre park easement open space and public access corridors as identified in the Final Tract Map and approved Improvement Plans 3) Notwithstanding anything to the contrary contained herein, Grantor shall have the right to install privacy gates to prevent public access to the portions of Lots 1 2, and 3 which are not identified as pedestrian public circulation areas as depicted on the Wall & Fence Plan as approved by the Planning Commission AHB_PC Conditions of Approval_040604 doc Attachment 1 13 4) The CC&Rs shall include the formation of a Master Association that shall govern oversee, coordinate, and control all individual Homeowner s Associations and all Business Associations that include all areas of the proposed development for the primary purpose of coordinating and control of uniform maintenance liability, repair of all common areas,public walkway easements and A Street The Master Association shall also be solely responsible for the maintenance and replacement of the required landscaped medians in First Street, Atlanta Avenue, Huntington Street, and Pacific View Avenue,the decorative pavement within public streets adjacent to the project, and those items specified in the Maintenance License Agreement between the Master Association and the City 5) The CC&Rs shall address the maintenance of all awnings and rails for the commercial and residential portions of the project They shall also define allowable uses and structures in the 20 foot pedestrian corridor for the commercial portion of the project, fences and other permanent and temporary barriers shall be prohibited Exclusive use by any business, carts kiosks, and tables are not permitted Benches potted plants and similar amenities may be permitted subject to the approval of the Departments of Planning and Public Works 6) The CC&Rs shall refer to the Special Utility Easement Agreement (PW) 7) The CC&Rs shall refer to the Maintenance License Agreement b A draft Affordable Housing Agreement Plan received and dated Dec 23 2003 shall be the conceptually approved plan It shall be modified as necessary to reflect the requirements below and shall be submitted to the Planning Department for review and approval prior to recordation of the Tract Map The agreement shall provide for affordable housing on-site, or combination of on-site and off-site The contents of the agreement shall include the following 1) Minimum 15 percent(78 units) of the total units shall be affordable to families of very low income (less than 50% of Orange County median) low-income level (less than 80% of Orange County median) and moderate-income level (less than 100%of Orange County median) for a period of sixty years Section 1 Requirements of the Plan is acceptable with the clarification that it shall be for a period of 60 years 2) A detailed description of the type size, location and phasing of the affordable units, on-site and off-site 3) Off site affordable units (new or rehabilitated) shall be proportionate in size and bedroom mix to the proposed one two and three bedroom condominium units and under the full control of the applicant AHB_PC Conditions of Approval_040604 doe Attachment 1 14 4) The affordable units shall be constructed and/or acquired prior to or concurrent with the market rate units The affordable units must be entitled, approved and building permits obtained(and/or restrictive covenant recorded) concurrent with the following development phasing PHASE RESIDENTIAL AFFORDABLE (Exhibit D-007) UNITS RESIDENTIAL UNITS IIa 68 10 111 125 20 IV 203 30 Va 120 18 As an example, concurrent with issuing permits for any of the 68 units in phase IIa, at least 10 affordable units must be identified, entitled, approved and building permits obtained, and/or covenant recorded All affordable units must be made available for occupancy prior to issuance of building permits for the last phase of development unless such units are included as part of that phase or evidence of the applicant s reasonable progress towards attainment of completion of the affordable units for the respective phase 5) A minimum of 50% of the required number of affordable housing units shall be on site and the remaining number of units can be on site or off site An option to the minimum 50% on site is that the applicant may elect to build these units off site, provided that the number of units is increased on a 2 1 basis and located within a redevelopment area (PC) 6) If units are located off-site the applicant shall consider sites located throughout the City and provide documentation thereof to the Planning Department (PC) 7) Modify the Off-Site Units section of the Draft Affordable Housing Plan as follows (PC) ■ Section 2 A (second bullet)—delete last sentence referencing Oak View area ® Section 2 B —delete last sentence referencing the Center Avenue area ■ Add Section 4 —Applicant shall notify affected school districts of all projects intended to satisfy the off site affordable housing requirements so that the school district(s) may identify cumulative impacts Projects will be required to mitigate impacts to affected schools districts consistent with State law 3 The following conditions shall be completed prior to recordation of the Final Tract Map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (PW) a Dedicate a minimum 2 03 acres easement for Village Green park purposes to the City of Huntington Beach The minimum 2 03 acres shall be inclusive of the public park entry corridor between the park and Pacific View Ave The loop road may be private and include vehicle gates it shall remain accessible to the public for pedestrian access The Village Green park entry corridor shall be a minimum of 65 feet in width at its narrowest point and shall be a public easement dedicated on the Final Tract Map AHB_PC Conditions of Approval_040604 doc Attachment 1 15 b An agreement shall be executed between the City and applicant prior to Final Tract Map approval that binds the Master Association and individual Associations in perpetuity for the conditions stated herein and that the Village Green Park will always be for public use and not changed to be for private use c The developer shall provide a Maintenance License Agreement to be a part of the Master Association agreement for maintenance of the medians, landscaping in the medians and adjacent to the project for Pacific View Avenue, First Street, Atlanta Avenue, Huntington Street and A Street if public The agreement shall state that the Master Association shall be responsible for all costs associated with maintenance, repair replacement and fees imposed by County, City and the Orange County Sanitation District for pumping inspection, or other related fees for the dry weather flow diversion and First Flush Water Runoff Treatment Control System approved by the City Furthermore, the Agreement shall address the Master Association's responsibility for the maintenance of the 2 03-acre park easement, all enhanced paving adjacent to public streets, A Street,pedestrian easements, sidewalk,parkway landscaping Edison owned street lighting and street furniture located behind public street curbs within the project site Maintenance shall include but not be limited to sidewalk cleaning, trash cans, disposal of trash, signs the regular maintenance and cleaning of all angled parking areas (i a markings, street sweeping) along Pacific View Avenue between First Street and Huntington Street, etc The Master Association shall be solely responsible for paying the cost of maintenance inspections, cleanup, operation monitoring, replacement planting and equipment replacement of all improvements required for this project (PW) d The sewer and portions of the storm dram systems located within private streets shall be private and maintained by the Homeowner s Association e A bond shall be posted for the potential conversion of Pacific View Avenue to a 4-lane divided roadway as dictated by the General Plan The bond shall be maintained until such time that the roadway conversion improvements are completed and accepted by the City, or a General Plan Amendment is approved to eliminate the requirement of the conversion, or 10 years from the date of tract acceptance whichever occurs first The amount of the bond shall be determined by a preliminary design of full-width street improvements for Pacific View Avenue (in conformance with the Precise Plan of Street Alignment) and cost estimate prepared by the applicant and approved by the City Engineer (PW) f The two intersections of A Street and Pacific View shall be designed as enhanced intersections per the approved conceptual plan and shall be depicted on the Street Improvement Plans (PW) g Agreements with appropriate school districts intending to mitigate the impact on school facilities shall be executed The Planning Department shall be provided with a copy of the agreement prior to recordation of the final tract map h A Letter of No Further Action(or Letter of Closure) shall be obtained from the Fire Department regarding the soil remediation of the entire site prior to recordation of the Final Tract Map, or issuance of any grading permits, whichever occurs first (FD) AHB_PC Conditions of Approval_040604 doc Attachment 1 16 4 The water system for the entire project shall be a public system except, any portion of the fire service water system that is not public shall be maintained by the HOA in accordance with the language to be provided by the Fire Department for the CC&Rs (FD) 5 Prior to commencing soil remediation or grading operations the name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity He/She will be responsible for ensuring compliance with the conditions herein, specifically grading activities, truck routes, construction hours noise etc Signs shall include the applicant's contact number and the City s contact number regarding grading and construction activities, and 1-800- CUTSMOG' in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No 403 (PW) 6 The applicant shall notify all property owners and tenants within 500 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading The project sponsor shall designate a disturbance coordinator who shall be responsible for responding to any local complaints regarding construction noise, the coordinator(who may be an employee of the developer or general contractor) shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented and a telephone number for the noise disturbance coordinator shall be posted conspicuously at the construction site fence and included on the notification sent to neighbors adjacent to the site (PW) a At least 30 days prior to grading a notice shall be mailed to all property owners, residents and businesses located within 500 feet of the project site notifying them that the rodent population on site will be disturbed during grading and construction and may create a temporary nuisance to the neighboring area This notice may be included in the notice of commencement of grading operations as required above 7 A third party consultant, approved by the City shall be responsible for monitoring on site activities during the grading and construction phases of the project and shall serve as an agent for the City The developer shall reimburse the City for all costs associated with this third parry monitoring as determined by the City 8 A third party remediation consultant will be retained by the City from the Fire Department s approved list of qualified consultants for the purpose of providing review, recommendations and oversight of future remediation sampling and closure reports The consultant s scope shall include review of all documentation of work performed to date, review of any new reports and data, and field and laboratory oversight The consultant shall work at the direction of the City of Huntington Beach The applicant shall reimburse the City for all costs submitted by the third party consultant AHB_PC Conditions of Approval_040604 doc Attachment 1 17 9 During the project construction phase, the applicant shall publish an informational newsletter annually and distribute to property owners residents and businesses within a 1,000 foot radius of the project (PC) 10 Final on-site grades and elevations on the grading plan may vary by no more than two(2) feet from the on site grades and elevations, except adjacent to the perimeter of the site which shall vary by no more than one(1) foot from the street grades and elevations on the approved Tentative Map with the approval of the Planning Department 11 Prior to approval of the Final Tract Map, 100%of the City Park Land In Lieu Fees for the residential portion of the project shall be paid (CC) 12 The Departments of Planning Public Works, Fire, Building & Safety, and Community Services are responsible for compliance with all conditions of approval herein as noted after each condition The Planning Director and Public Works Director shall be notified in writing if any changes to the Final Tract Map are proposed as a result of the plan check process Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the City Council s action and the conditions herein If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the HBZSO CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO 02-20 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO 02-12 1 The conceptual site plan floor plans, and elevations for the reduced project alternative plan received and dated December 23, 2003 shall be the conceptually approved layout, with the following modifications a The retaining wall/fence combinations along PCH shall not exceed 42" in height b The below grade parking structures for the residential and commercial developments shall be redesigned to address the detailed comments identified in the Parking Plan Review by International Parking Design, Inc dated January 14, 2004 Drive aisles for parking spaces shall be minimum 26 feet in width Signage shall be provided for residential guest parking areas and guest parking spaces shall be clearly marked and accessible Identify electric vehicle charging station parking spaces The redesigned parking structures shall comply with the new 2005 Title 24 regulations (and any subsequent revisions, and shall include variable volume exhaust fans with COZ sensors subject to review by the Departments of Planning, Building & Safety, Fire, and Public Works c Revise Exhibit D-006 as follows provide minimum 25' setback from the property lines at the intersection of PCH and First St for carts and kiosks, provide continuous eight foot wide sidewalk along the PCH frontage without any encroachment of carts and kiosks, provide minimum 20 foot wide entryway (without any carts/kiosks) to the project from the PCH/First St intersection and the minimum 20 foot wide public pedestrian easement shall be consistent with the tract map without any encroachment of carts and kiosks AHB_PC Conditions of Approval_040604 doe Attachment 1 18 d The outdoor deck/dining areas for the hotel restaurant along PCH between the Porte Cochere and Huntington Street shall have a minimum setback of 25 from PCH e The hotel at the podium level shall be setback 50 from the PCH right of way and the hotel tower(above the podium level) shall have an upper story setback of minimum ten feet from the podium level consistent with the General Plan, Subarea Schedule f Maintain minimum 10' free and clear(without obstruction)pedestrian path along Pacific View Ave from First Street to the Porte Cochere entryway for the hotel g Identify three areas for bike rack installation on the site plan subject to the review of the Planning Department one shall be in the residential portion of the site The number of bike racks shall be comparable to City of Irvine's standards(CC) 2 The project shall comply with the Mitigation Measures of the Pacific City Environmental Impact Report (EIR No 02 01) 3 The project shall be developed in accord with the Phasing Diagram(Exhibit D-007) Phase IIa(Residential)and IIb (Commercial Parking Structure) shall be developed concurrently Building permits for Phase III(Residential) and other residential phases shall not be issued until Phase IIb and IIc are completed or evidence of the applicant s reasonable progress towards attainment of completion 4 If any environmentally sensitive habitat is found on the site it will be protected from significant disruption, and only uses dependent on those resources shall be allowed in those areas (CC) 5 Prior to the issuance of any grading permits, the following shall be completed a The applicant shall submit to the Director of Public Works a project WQMP that 1) Addresses site design BMPs such as minimizing impervious areas maximizing permeability minimizing directly connected impervious areas, and creating reduced or zero discharge' areas 2) Incorporates the applicable Routine Source Control BMPs 3) Incorporates Treatment Control BMPs to treat all dry weather flows and the first flush of a storm event(the volume of runoff produced from a 24 hour, 85th percentile storm event) 4) Generally describes the long term operation and maintenance of the Treatment Control BMPs 5) Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs 6) Describes the mechanism for funding the long term operation and maintenance of the Treatment Control BMPs AHB_PC Conditions of Approval 040604 doc Attachment 1 19 7) Describes the following management of dry weather first flush & storm flow discharges • Dry Weather Flows The system shall be designed to divert all Pacific City dry weather flows into a structural filtration facility for treatment Drainage areas A , B and the First Street watershed shall then be routed to the Atlanta Stormwater Pump Station(ASWPS) for discharge into Orange County Sanitation District's system • First Flush The drainage system shall be designed to treat the first flush(the volume of runoff produced from a 24 hour 85 percentile storm event) with a structural filtration system Following treatment, first flush flows from drainage Area B shall then be discharged into the First Street storm dram first flush flows from Area A will then be routed to the ASWPS for discharge into the Huntington Beach Flood Control Channel • Storms Flows Storm flows above the first flush from Area B will be discharged untreated into the First Street storm drain Storm flows from Area A will be routed untreated to the ASWPS for discharge into the Huntington Beach Flood Control Channel b The applicant at their expense shall develop concept and design plans and costs estimated for a regional urban runoff treatment solution for the First Street watershed storm flows Upon review and approval by the City the applicant shall post a minimum 8-year bond for the equivalent of 1/7 of the capital construction cost into an Urban Runoff Treatment Trust Fund for the First Street watershed storm flows Additionally, the applicant shall include in the Pacific City master CC&Rs that the project shall pay for 1/7 of the on going annual operation and maintenance cost for this First Street regional treatment system Upon implementation of this system the Pacific City Homeowners Association will be relieved of the obligation to maintain their on site treatment system (PC) 6 Prior to issuance of a precise grading permit the following conditions shall be complied with a A Pedestrian Accessibility Plan for the entire project site depicting on-site and off-site improvements shall be submitted for review and approval by the Building& Safety and Public Works Departments and by a third party consultant The applicant shall reimburse the City for the consultant's review (B & PW) b At no additional cost to the developer the City reserves the right to increase the water main pipe sizes necessary to support the proposed development, for the benefit of the City For example, the City will require that the 12 inch water pipeline in Huntington Street, as required by the approved hydraulic analysis be increased to an 18 inch pipeline The City will pay the incremental difference in materials cost between a 12 inch and an 18 inch pipeline (PW) AHB_PC Conditions of Approval_040604 doc Attachment 120 c The Village Green park area, pocket park, and entry corridor shall be designed and a detailed park improvement plan shall include typical neighborhood amenities including but not limited to tot lot play equipment open turf play area and picnic tables and benches All amenities must conform to current Consumer Product Safety Guidelines with certain amenities in compliance with the Americans with Disabilities Act The entry corridor to the park(from Pacific View Ave) and all other corridors must incorporate an architectural feature that properly identifies the area as public space The plan shall identify play equipment, architectural features plant material, ground cover, sidewalks lighting, etc and shall be reviewed and approved by the Community Services Commission, Community Services Director, and Public Works Director prior to installation (CS/PW) d The median in Atlanta Avenue shall be designed to provide a solid landscaped median barrier through the intersection of Atlanta Avenue and Alabama Street,unless otherwise modified as determined by the Public Works Department and/or the Public Works Commission e The project WQMP shall be reviewed and approved by the City Council (CC) f The landscape plans shall incorporate native and/or drought resistant plants consistent with what is permitted by the City of Huntington Beach Design Guidelines and Downtown Specific Plan 7 During grading activities the following shall be adhered to a The project developer(s) shall require contractors to utilize alternative fuel construction equipment(i e compressed natural gas liquid petroleum gas, and unleaded gasoline) and low-emission diesel construction equipment to the extent that the equipment is readily available in the Southern California area and cost effective Contract specification language shall be reviewed by the City prior to issuance of a grading permit (PC) b All trucks hauling dirt sand, soil onto or off the project site are to be covered (PC) 8 The following conditions shall be completed prior to final building permit inspection, or occupancy, of the first residential unit a All existing Washingtonia robusta located along Pacific Coast Highway within the existing Caltrans right-of way shall be relocated or replaced with an equivalent total trunk height either within the project, or relocated off site as approved by the City Landscape Architect (PW) b The applicant shall satisfy the project s fair share contribution of 22 percent of the cost of the installation of a third northbound through lane on Pacific Coast Highway at the Warner Avenue intersection The County of Orange and Caltrans will be responsible to complete this improvement The costs will be based on estimates prepared by the County of Orange for completion of the project or through a separate preliminary design and cost estimate prepared by the applicant to specifically address the requirements of this condition (PW) AHB_PC Conditions of Approval_040604 doc Attachment 1 21 c The applicant shall satisfy the project s fair share contribution of 26 percent of the cost of the installation of a second westbound right turn lane at the intersection on Seapoint Avenue at Pacific Coast Highway The City shall ensure completion of this improvement by providing funds for the balance of the cost of the improvement The applicant shall prepare plans and obtain appropriate permits for the installation including obtaining encroachment permits from Caltrans, as needed Final determination of fair share contribution shall be based on the actual design and construction of the improvement The City shall complete the improvement as a capital project (PW) d The applicant shall construct a new traffic signal at the intersection of First Street and Atlanta Avenue unless an alternative intersection design including traffic calming measures, which achieves the same objective as Mitigation Measure TR-3, is reviewed and approved by the Public Works Department and/or Public Works Commission The applicant shall enter into an agreement with the City to clearly indicate the applicant s responsibility to fund 57% of commitment to the cost of the improvement and the City s reimbursement to the applicant for the balance of the costs (PW) e The applicant shall construct a new traffic signal at the intersection of Huntington Street and Atlanta Avenue unless modified to include traffic calming measures such as a roundabout as reviewed and approved by the Public Works Department and/or Public Works Commission The applicant shall enter into an agreement with the City to clearly indicate the applicant s responsibility to fund 59% of the commitment to the cost of the improvement and the City's reimbursement to applicant for the balance of the costs (PW) f The Village Green park, pocket park, and corridor shall be improved prior to the occupancy of the first residential unit(other than the model homes) (PW) g The applicant shall be responsible for 59% of the costs to improve street and sidewalk conditions on the south side of Atlanta Avenue within the existing right-of way between Huntington and Delaware Streets to improve pedestrian and vehicular safety conditions (PC) 9 Submit detailed plans of the following for final review and approval by the Design Review Board a Elevations, colors and materials of the hotel b Final colors and materials of the commercial and residential buildings c Public Art Concept Plan d Landscape and hardscape plans on private and public property e Planned Sign Program f Furniture and utilities throughout the project 10 At least 500 parking spaces shall be available for self parking (not valet) in the commercial parking structure 11 Employee parking shall be on site and any parking fees for employees shall not exceed the annual parking pass fee for beach parking (CC) AHB PC Conditions of Approval_040604 doe Attachment 122 12 Parking meters shall be provided at all on street public parking locations within or fronting the project frontage Meters shall be installed according to City requirements and standards and shall meet the specifications of the City The City will be responsible for the collection of revenue and maintenance of all parking meters A plan depicting the location and design of the parking meter layout shall be submitted for review and approval by the Community Services and Public Works Departments 13 Hours of construction and related activity shall be limited to between the following hours (PC) Construction Mon-Fri 7AM—6PM, Clean Up/Securing Area 6PM 8PM Construction/ Clean Up Sat 7AM—5PM Pile Driving Mon-Fri 8AM—6PM Truck Hauling Mon Fri 8AM-5PM, early delivery trucks must park on site (not on street)with engine not idling between 7AM-8AM 13 An employee entrance and parking plan during construction shall be submitted to the Planning Director for review and approval The entrance and parking is to be located in an area that minimizes impacts to surrounding residents 14 The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval 15 The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the City Council s action and the conditions herein If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council s may be required pursuant to the HBZSO CONDITIONS OF APPROVAL—PACIFIC CITY MASTER PLAN 1 The Pacific City Master Plan received and dated July 10, 2003 shall be the approved conceptual plan or as modified herein INDEMNIFICATION AND HOLD HARMLESS CONDITION The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend indemnify and hold harmless the City of Huntington Beach and its agents officers, and employees from any claim action or proceedings, liability cost, including attorney s fees and costs against the City or its agents, officers or employees to attack set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission or Design Review Board concerning this project The City shall promptly notify the applicant of any claim action or proceeding and should cooperate fully in the defense thereof AHB_PC Conditions of Approval_040604 doc Attachment 1 23 EXHIBIT B MITIGATION MONITORING PROGRAM X 5601 41829\AGRMT1 704264 4 8/14/07 LITIGATION MONITORING PROGRAM A INTRODUCTION The Final Environmental Impact Report for the Pacific City project (State Clearinghouse #2003011024) identified mitigation measures to reduce the adverse effects of the project in the areas of aesthetics air quality biological resources cultural resources energy and mineral resources geology and soils, hazardous materials hydrology noise population and housing, public serviccs, recreation transportation/traffic and utilities The California Environmental Quality Act (CEQA) requires that agencies adopting environmental impact reports ascertain that feasible mitigation measures are implemented subsequent to project approval Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as conditions of approval The program must be designed to ensure compliance during applicable project timing c g design construction or operation (Public Resource Code §21081 6) The Mitigation Monitoring Program (MMP) shall be used by the City of Huntington Beach staff responsible for ensuring compliance with mitigation measures associated with the Pacific City project Monitoring shall consist of review of appropriate documentation such as plans or reports prepared by the party responsible for implementation or by field observation of the mitigation measure during implementation The following table identifies the mitigation measures by resource area The table also provides the specific mitigation monitoring requirements including implementation documentation monitoring activity, timing and responsible monitoring party Verification of compliance with each measure is to be indicated by signature of the mitigation monitor together with date of verification The Project Applicant and the Applicants Contractor shall be responsible for implementation of all mitigation measures unless otherwise noted in the table Pacific City EIR 1 Mitigation Mon►tonng Program Mitigation Monitoring Program !mplementat�on Responsible Compliance Verification Mitigation Measure Documentation Monitorin Active Timm Monitor Signature Date Aesthetics MM AES 1 To the extent feasible the Applicant shall use nonreflective facade treatments Project Building Plans Review and approve Plan check prior to Planning such as matte paint or glass coatings Building materials shall be consistent with the City building plans for issuance of building Urban Design Guidelines and reflective glass shall not constitute a primary exterior inclusion of features permit material Prior to issuance of budding permits for the proposed project the Applicant shall indicate provision of these materials on the budding plans MM AES 2 The lighting plan shall include provisional measures to limit nighttime Lighting Plan Review and approve Plan check prior to Planning illumination during periods of fog Measures may include but would not be limited to budding plans for issuance of building reduced foot candle illumination levels or reduced number of lighting fixtures in use inclusion of features permit Air Quality MM AQ 1 The project developer(s)shall require by contract specifications that Notes on grading and Review and approve Plan check prior to Planning construction equipment engines will be maintained in good condition and in proper tune per building plans grading and building issuance of grading manufacturers specification for the duration of construction Contract specification plans for inclusion permit language shall be reviewed by the City prior to issuance of a grading permit MM AQ 2 The project developer(s)shall require by contract specifications that Notes on grading and Review and approve Plan check prior to Planning construction related equipment including heavy duty equipment motor vehicles and building plans grading and building issuance of grading portable equipment shall be turned off when not in use for more than five minutes plans for inclusion permit Contract specification language shall be reviewed by the City prior to issuance of a grading permit MM AQ 3 The project developer(s)shall encourage contractors to utilize alternative fuel Notes on grading and Review and approve Plan check prior to Planning construction equipment(i a compressed natural gas liquid petroleum gas and unleaded building plans grading and budding issuance of grading gasoline)and low emission diesel construction equipment to the extent that the equipment plans for inclusion permit is readily available and cost effective Contract specification language shall be reviewed by the City prior to issuance of a grading permit MM AQ 4 The project developer(s)shall require by contract specifications that Notes on grading and Review and approve Plan check prior to Planning construction operations rely on the electricity infrastructure surrounding the construction building plans grading and budding issuance of grading sites rather than electrical generators powered by internal combustion engines to the plans for inclusion permit/ extent feasible Contract specification language shall be reviewed by the City prior to issuance of a grading permit MM AQ 5 The project developer(s)shall implement dust control measures consistent with Notes on grading plans Review and approve Plan check prior to Planning SCAQMD Rule 403—Fugitive Dust during the construction phases of new project grading plan for issuance of grading development Contract specification language shall be reviewed for inclusion of this inclusion permit language by the City prior to issuance of a grading permit The following actions are currently recommended to implement Rule 403 and have been quantified by the SCAQMD as being able to reduce dust generation between 30 and 85 percent depending on the source of the dust generation ■ Apply water and/or approved nontoxic chemical sod stabilizers according to manufacturers specification to all inactive construction areas(previously graded areas that have been inactive for 10 or more days) ■ Replace ground cover in disturbed areas as quickly as possible ■ Enclose cover water twice daily or apply approved chemical soil binders to exposed piles with 5 percent or greater silt content 2 City of Huntington Beach Mitigation Mon►tor►ng Program Mitigation Monitoring Program Implementation Responsible Compliance Verification Mitigation Measure Documentation Monitorm Activit Timm Monitor Signature Date ■ Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations Water active grading sites at least twice daily is Suspend all excavating and grading operations when wind speeds(as instantaneous gusts)exceed 25 miles per hour over a 30 minute period ■ All trucks hauling dirt sand soil or other loose materials are to be covered or should maintain at least two feet of freeboard(i a minimum vertical distance between top of the load and the top of the trailer) in accordance with Section 23114 of the California Vehicle Code ■ Sweep streets at the end of the day ■ Install wheel washers where vehicles enter and exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site each trip on a gravel surface to prevent dirt and dust from impacting the surrounding areas ■ Apply water three times daily or chemical soil stabilizers according to manufacturers specifications to all unpaved parking or staging areas or unpaved road surfaces ■ Post and enforce traffic speed limits of 15 miles per hour or less on all unpaved roads MM AQ 6 The protect developer shall include in construction and sales contracts the Notes on building plans Review and approve Plan check prior to Planning following requirements or measures shown to be equally effective to reduce protect related building plans and issuance of building stationary and area source emissions and contracts for inclusion permit ■ Use solar or low emission water heaters in the residential office and visitor serving Sales Contracts commercial buildings is Provide energy efficient heating with automated controls in the residential office and visitor serving commercial buildings ■ Use energy-efficient cooking appliances in the in the residential and visitor serving commercial buildings ■ If fire places are provided in new residential units install the lowest emitting fireplaces commercially available at the time of development ■ Require that contract landscapers providing services at the protect site use electric or battery powered equipment or internal combustion equipment that is either certified by the California Air Resources Board or is three years old or less at the time of use Contract specification language shall be reviewed by the City prior to issuance of a building permit MM AQ 7 The protect developer shall include in construction and sales contracts for the Notes on building plans Review and approve Plan check prior to Planning commercial and offices uses on site that preferential parking spaces be provided for and Sales Contracts building plans for issuance of building carpools and vanpools Contract specification language shall be reviewed by the City prior specified clearance and permit to issuance of a budding permit A minimum of 7 2 of vertical clearance shall be provided in the parking structure for vanpool access Inclusion of the vertical clearance shall be Review and approve venfied on building plans prior to issuance of a building permit contract for inclusion Pacific City EIR 3 Mitigation Mon►tonng Program Mitigation Monitoring Program Implementation Responsible Compliance Verification Mitigation Measure Documentation Monitoring Activity Dining Monitor Signature Date Biological Resources MM BIO 1 If before the start of construction substantial growth of native vegetation or Field survey observation Review field survey Plan check prior to Planning sensitive habitats has occurred on the project site as determined by a qualified biologist shall be completed to notes and as issuance of grading then special status plant or habitat surveys shall be conducted during the appropriate time determine if substantial necessary permit of the year prior to construction of the proposed project to determine the presence or growth of native Review and approve absence of special status plant species or habitats These surveys shall be conducted vegetation or sensitive recommendations and during the appropriate blooming period as determined by a qualified biologist If any of habitats exists and if so any other relevant these species are found to be present on the proposed project site then measures would vegetative or habitat documents per this be developed in consultation with the appropriate resource agencies if the status of the survey reports shall be mitigation species and the size of the population warrant a finding of significance Appropriate prepared as necessary If measures may include avoidance of the populations relocation or purchase of offsite a finding of significance is populations for inclusion to nearby open space areas A City qualified biologist shall made then appropriate present recommendations to the city for review and approval Any subsequent avoidance implementation document relocation or other mitigation strategies required to reduce impacts to a less than for this mitigation will vary significant level shall be implemented prior to issuance of a grading permit according to Note Responsible party for implementation is the City-qualified biologist who is to recommendations survey at the request of the Planning Department The following mitigation measure is recommended to further reduce less than significant Notes on grading plans Review and approve Plan check prior to Planning impacts grading plans for issuance of grading MM BIO 2 Grading shall begin at the perimeter near existing residences and proceed inclusion permit toward the center of the site Cultural Resources MM CR 1 Monitor grading and excavation for archaeological and paleontological Proof of retention of Verify retention of Plan check prior to Planning resources archaeological and qualified monitors issuance of grading (a)The Applicant shall arrange for a qualified(as defined by the Orange County paleontological monitor permit Archaeological/Paleontological Curation Project)professional archaeological and and monitoring reports Throughout ground paleontological monitor to be present during demolition grading trenching and other Periodic field check disturbing activities excavation on the project site The Applicant shall also contact the appropriate Gabrielino and Juaneno tribal representatives to determine whether either group desires Native American monitoring of grading activities If Native American monitors are requested the Applicant shall arrange for the monitoring with tribal representatives Additionally prior to project construction construction personnel will be informed of the potential for encountering significant archaeological and paleontological resources and instructed in the identification of fossils and other potential resources All construction personnel will be informed of the need to stop work on the project site until a qualified archaeologist or paleontologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find Construction personnel will also be informed of the requirement that unauthorized collection of cultural resources is prohibited (b) If archaeological or paleontological resources are discovered during earth moving activities all construction activities within 50 feet of the find shall cease until the archaeologist/paleontologist evaluates the significance of the resource In the absence of a determination all archaeological and paleontological resources shall be considered significant If the resource is determined to be significant the archaeologist 4 City of Huntington Beach Mitigation Mon►tonng Program Mitigation Monitoring Program Implementation Responsible Compliance Verification Mitigation Measure Documentation Monitoring Activity Timm Monitor Si nature Date or paleontologist as appropriate shall prepare a research design for recovery of the resources in consultation with the State Office of Historic Preservation that satisfies the requirements of Section 21083 2 of CEQA as well as Chapter 3 and Appendices E F and G of the Curation Project The archaeologist or paleontologist shall complete a report of the excavations and findings and shall submit the report for peer review by three County certified archaeologists or paleontologists as appropriate Upon approval of the report the Applicant shall submit the report to the South Central Coastal Information Center at California State University Fullerton the California Coastal Commission the City of Huntington Beach the Orange County Archaeo/Paleo Resource Management Facility(APRMF) and the Orange County Historic Programs Office (c) Monitored grading at the location of CA ORA 1582H shall involve the removal of refuse deposit in 15 to 20 cm layers using a skip loader All materials shall be deposited in small to medium piles for scanning by archaeologists for diagnostic materials If the resource encountered consists of complete or nearly complete artifacts from CA ORA 1582H then artifacts shall be cleaned and cataloged in accordance with the requirements of the Curation Project for curation at a facility within Orange County that is acceptable to the City of Huntington Beach The applicant shall be responsible for payment of all applicable curation fees and the curation contract shall specify that materials shall be available for loans to educational institutions No further study would be required (d) In the event of the discovery on the project site of a burial human bone or suspected human bone all excavation or grading in the vicinity of the find will halt immediately and the area of the find will be protected If a qualified archaeologist is present he/she will determine whether the bone is human If the archaeologist determines that the bone is human or in the absence of an archaeologist the Applicant immediately will notify the City Planning Department and the Orange County Coroner of the find and comply with the provisions of P R C Section 5097 with respect to Native American involvement burial treatment and reburial MM CR 2 Scientific recovery of archaeological resources associated with CA ORA 149 Research design and Review and approve Prior to onset of Planning The Applicant shall retain a qualified archaeologist(as defined by the Orange County recovery plan research design and grading on or near site Department to Archaeological/Paleontological Curation Project)to develop and implement in consultation recovery plan CA ORA 149 and verify with the State Office of Historic Preservation a research design and recovery plan for dunng grading as retention of remaining elements of CA ORA 149 The recovery plan shall emphasize data collection in needed archaeologist Locus A between Test Units 1 and 2 as well as on a core area of Locus B centered around Test Unit 4 and shall be designed to satisfy the requirements of Section 21083 2 of SHPO to CEQA as well as Chapter 3 and Appendices E F and G of the Curation Project review plan Energy and Mineral Resources The following mitigation measure is recommended to further reduce less than significant Energy Conservation Plan Review and approve Plan check prior to Planning impacts to be submitted with energy conservation issuance of building MM EM 1 The proposed project shall implement an energy conservation plan that could Project Building Plans plan permit include but would not be limited to measures such as energy efficient lighting and heating ventilation and air conditioning systems(HVAC)controls to reduce the demand of electricity and natural gas The energy conservation plan shall be subject to review and approval by the City Building and Safety and Planning Departments prior to the issuance of building permits Pacific City EIR 5 Mitigation Mon►tonng Program Mitigation Monitoring Program implementation Responsible Compliance Verification Mitigation Measure Documentation Monitorinq Activity Tmiir�q Monitor Signature Date Geology and Sods MM GEO 1 The grading plan prepared for the proposed protect shall contain the Sods and Geotechnical Review and approve Plan check prior to Planning recommendations of the final soils and geotechnical analysis prepared pursuant to CR analysis Notes on grading grading and building issuance of building or GEO A as approved by the City These recommendations shall be implemented in the and building plans plans for inclusion of grading permit/ design of the protect including but not limited to measures associated with site soils and geotechnical preparation fill placement and compaction seismic design features excavation stability recommendations and shoring requirements dewatering establishment of deep foundations concrete slabs and pavements cement type and corrosion measures surface drainage erosion control ground improvements tsunami protection and plan review All geotechnical recommendations provided in the sods and geotechnical analysis shall be implemented during site preparation and construction activities For reference the text of CR GEO A follows CR GEO A Prior to recordation of the final map a qualified Licensed Engineer shall prepare a detailed soils and geotechnical analysis This analysis shall include Phase II Environmental on site soil sampling and laboratory testing of materials to provide detailed recommendations for grading chemical and fill properties liquefaction foundations landscaping dewatering ground water retaining walls pavement sections and utilities Hazardous Materials MM HAZ 1 Prior to the issuance of a grading permit a Registered Environmental Site inspection report sod Review and approve Plan check prior to Fire Assessor shall perform a site inspection to identify the potential for presence of PCBs on sampling results and site site inspection report issuance of grading Department the site If the potential for PCBs exists then the Applicant shall in consultation with the remediation plan and and any other required permit City of Huntington Beach sample soil surrounding the affected areas to identify the extent documentation of plans and of contamination Contamination shall be remediated in accordance with MM HAZ 3 and remediation if necessary documentation as HAZ 4 necessary MM HAZ 2 Prior to the issuance of a grading permit sampling shall be performed in the Soil sampling results Review and approve Plan check prior to Fire area identified in Figure 3 7 1 as Area D The extent of sampling shall be determined by sampling results and issuance of grading Department the Huntington Beach Fire Department as that which is appropriate to characterize the remediation plan permit extent of any potential contamination in Area D Contamination shall be remediated in accordance with MM HAZ 3 and HAZ 4 MM HAZ 3 Prior to issuance of a grading permit the Applicant shall in consultation with Remediation Plan Review and approve Plan check prior to Fire the City of Huntington Beach and other agencies as required formulate a remediation plan Remediation Plan for issuance of grading Department for further soil contamination that exists on the protect site The plan shall include thoroughness and permit Public Works procedures for remediation of the protect site to the City of Huntington Beach standards completeness Plans shall be submitted to the Public Works Department for review and approval by the Planning Public Works and Fire Departments in accordance with City Specification No 43192 The plan shall include methods to minimize remediation related impacts on the Planning surrounding properties including processes by which all drainage associated with the remediation effort shall be retained on site and no wastes or pollutants shall escape the site and requirements to provide wind barriers around remediation equipment Qualified and licensed professionals shall perform the remediation activities and all work shall be performed under the supervision of the City of Huntington Beach 6 City of Huntington Beach Mitigation Mon►tonng Program Mitigation Monitoring Program implementation Responsible Compliance Verification Miti ation Measure Documentation Monitormil Activity T117711W Monitor Signature Date MM HAZ 4 Closure reports or other reports acceptable to the City Fire Department that Closure reports or other Review and approve Plan check prior to Fire document the successful completion of required remediation activities for contaminated reports acceptable to the closure reports or other issuance of grading Department soils in accordance with City Specification 431 92 shall be submitted and approved by the City Fire Department that reports acceptable to permit City Fire Department prior to issuance of grading permits for site development No document the successful the City Fire Department construction shall occur on site until reports have been accepted by the City Closure completion of required that document the reports will not be required in the area identified in Figure 3 7 1 as Area C until remediation activities successful completion of remediation of this area has occurred as part of project construction these reports will be required remediation required pursuant to MM HAZ 6 If remediation is necessary pursuant to MM HAZ 3 then activities soil remediation permits shall be issued MM HAZ 5 In the event that previously unknown soil contamination that could present a Site Health/Safety Plan Review and approve Plan check prior to Fire threat to human health or the environment is encountered during construction construction grading and budding issuance of grading Department activities in the immediate vicinityof the contamination shall cease immediate) A risk Risk Management Plan y plans for inclusion permit management plan shall be prepared and implemented that(1)identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post development and(2)describes measures to be taken to protect workers and the public from exposure to potential site hazards Such measures could include a range of options including but not limited to physical site controls during construction remediation long term monitoring post development maintenance or access limitations or some combination thereof Depending on the nature of contamination if any appropriate agencies shall be notified(e g City of Huntington Beach Fire Department) A site health and safety plan that meets OSHA requirements shall be prepared and in place prior to the commencement of work in any contaminated area The developer shall ensure proper implementation of the health and safety plan MM HAZ 6 Closure reports documenting the successful completion of required Remediation closure Review and approve Plan check prior to Fire remediation activities for(1)areas adjacent to the existing water main on site and(2)areas report(s) closure report(s) issuance of building Department of archaeological sensitivity shall be submitted and approved by the City Fire Department permit prior to issuance of building permits in these areas MM HAZ 7 Where construction is proposed over abandoned oil wells the developer shall Documentation of Review and approve Plan check prior to Fire consult with DOGGR to determine if plug or replug of wells is necessary Prior to the consultation with Div of documentation issuance of grading Department issuance of grading permits the Applicant shall submit evidence of consultation with Oil Gas and Geothermal permit DOGGR indicating wells have been plugged or abandoned to current DOGGR standards Resources MM HAZ 8 In the event that abandoned oil wells are damaged during construction Notes on grading plans Review and approve Plan check prior to Fire construction activities shall cease in the immediate vicinity immediately Remedial plugging and grading plans for issuance of grading Department operations would be required to re plug the affected wells to current Department of inclusion permit and as Conservation specifications Depending on the nature of sod contamination if any Reabandonment plan as necessary during appropriate agencies shall be notified(e g City of Huntington Beach Fire Department) necessary Review and approve construction The developer shall ensure proper implementation of the reabandonment operation in reabandonment plan as compliance with all applicable laws and regulations necessary Pacific City EIR 7 I Mitigation Monitoring Program Mitigation Monitoring Program implementation Responsible Compliance Verification Mitigation Measure Documentation Momforinq Activity Timing Monitor Signature Date Hydrology and Water Quality MM HYD 1 Prior to the issuance of grading permits the developer shall submit to the City Tsunami risk management Review and approve Plan check prior to Planning and for approval a plan outlining specific planning measures to be taken to minimize or reduce and safety plan documentation issuance of grading Fire risks to property and human safety from tsunami during operation Planning measures permit Department could include but would not be limited to the following is Provision of tsunami safety information to all project residents and hotel guests in addition to posting in public locations on site ■ Identification of the method for transmission of tsunami watch and warnings to residents hotel guests and persons on site in the event a watch or warning is issued s Identification of an evacuation site for persons on site in the event of a tsunami warning Noise The following mitigation measure is recommended to further reduce less than significant Notes on building plans Review and approve Prior to issuance of a Planning impacts building plans for building permit Department MM N 1 Pile driving activities shall be limited to the hours of 8 00 A M to 6 00 P M Monday inclusion Public Works through Friday Field observation or During any pile driving Department review of contractor logs construction activities during any pile driving activity MM N 2 Prior to the issuance of building permits for the new multifamily residential units Project Building Plans Review and approve Plan check prior to Planning and located along First Street Atlanta Avenue and Pacific View Avenue the project budding plans for issuance of building Building and developer(s)shall submit building plans that identify walls or barriers of at least 5 5 feet inclusion of design permits for residential Safety above the ground surface around each exterior activity area(i a private yards balconies features units located along Departments and recreation areas)that face these roadways This can be accomplished by constructing First Street Atlanta solid walls that match the building exterior and topping them off with 15 inch thick Avenue and Pacific Plexiglas windows or sheets to meet the height requirement of 5 5 feet Other means of View Avenue reducing exterior noise levels to 60 dBA Ld or less within the exterior activity areas may be implemented so long as an acoustical analysis demonstrates that the alternative means would in fact reduce the noise to the required level Population and Housing MM P 1 The Applicant shall prepare an Affordable Housing Program to the satisfaction of Affordable Housing Review and approve Submittal prior to final Planning and the City Planning&Economic Development Departments The Program shall detail the Program(AHP) AHP map submittal provisions for either on or off site affordable housing or a combination of the two that Execute AHP Execute AHP poor to meet the requirements of Community Redevelopment Law and City requirements The issuance of first Economic Affordable Housing Program shall be submitted to the Planning Department for review and budding permit for Development approval prior to submittal of the final map The agreement shall be executed prior to the residential portion of Departments issuance of the first building permit for the residential project The Applicant shall adhere to all provisions of the Program project 8 City of Huntington Beach Mitigation Mon►tonng Program Mitigation Monitoring Program Implementation Responsible Compliance Verification Mitigation Measure Documentation Monitoring Activity Timing Monitor Signature Date Public Services MM PS 1 Provide enclosed fire rated stairs to each subterranean level from the exterior Protect Building Plans Review and approve Plan check prior to Fire every 300 lineal feet of the building perimeter building plans for issuance of building Department inclusion permits MM PS 2 Protect design shall include ventilation of smoke and products of combustion Protect Building Plans Review and approve Plan check prior to Fire Zoned mechanical smoke removal system with manual controls for firefighters shall be building plans for issuance of budding Department located in the fire control room An emergency power source is necessary and the system inclusion permits shall also comply with Building Code requirements to exhaust CO and other hazardous gases MM PS 3 Dedicated rooms for Fire Department exclusive use to observe monitor and as Protect Building Plans Review and approve Plan check prior to Fire necessary control all emergency systems operation shall be provided A total of three building plans for issuance of building Department rooms shall be provided as follows (1)commercial area and the related subterranean inclusion permits parking garage (2)high rise hotel and(3)residential garages and dwellings Rooms shall be located in an exterior location at grade level and have unrestricted access clear to the sky The following mitigation measure is recommended to further reduce less than significant Documentation of Review and approve Plan check prior to Planning and impacts Consultation and Protect documentation and issuance of building Building Plans plans permits Police MM PS 4 Prior to issuance of a building permit the Applicant shall consult the Huntington Departments Beach Police Department regarding the provision of adequate Crime Prevention Design measures and shall incorporate the Departments recommendations into the plan MM PS 5 The developer for the proposed protect shall negotiate with the City school Agreement between Review proof of Plan check prior to Planning districts regarding school impact fees to address the adverse impacts of the development Applicant and School payment final map recordation Department thus ensuring that the new development would bear its fair share of the cost of housing District on school impact additional students generated The Planning Department shall be provided with a copy of fees and the agreement prior to recordation of the final map Proof of fee payment The following mitigation measure is recommended to further reduce less than significant Beach Safety and Review and approve Prior to issuance of Community impacts Maintenance Awareness program document first certificate of Services MM PS 6 The Applicant shall develop and institute a Beach Safety and Maintenance Program document occupancy or final Planning Awareness Program to be reviewed and approved by the Community Services inspection of first Department The Program shall include(1)informational disclosures(i a handouts)to all residential unit residents and hotel guests and(2)posting of signs on site Program materials shall include but would not be limited to the following items ■ Beach safety guidelines related to swimming tides sun exposure and other potential risks from beach use ■ City Regulations on the use of beach property including permissible uses of the beach and appropriate trash disposal ■ Identification of penalties imposed for violation of City Regulations The City shall ensure strict enforcement of regulations related to beach use and maintenance Pacific City EIR 9 Mitigation Mon►tonng Program Mitigation Monitoring Program Implementation Responsible Compliance Verification Mitigation Measure Documentation Monitoring Activity Timing Monitor Signature Date Recreation MM REC 1 The Applicant shall demonstrate compliance with City parkland requirements Protect Building Plans Review and approve Prior to issuance of Planning and identified in Chapter 254 08 of the City of Huntington Beach Municipal Code Any on site building plans for building permit and as Community park provided in compliance with this section shall be improved prior to final inspection inclusion of parkland necessary prior to Services (occupancy)of the first residential unit(other than the model homes) issuance of certificate Departments ofoccupancy Inspect any parks provided as required Transportation/Traffic MM TR 1 The Applicant shall contribute a fair share contribution of 22 percent to the Proof of fair share Confirm payment Prior to issue of Public Works installation of a third northbound through lane on PCH consistent with the Orange County payment certificate of Department MPAH and Caltrans Route Concept Study for PCH The County of Orange and Caltrans occupancy would complete this improvement The Applicants fair share contribution shall be paid prior to issuance of the first certificate of occupancy Note Applicant is responsible for contribution Orange County and Caltrans are responsible for improvement MM TR 2 A second westbound right turn lane shall be added on Seapomt Avenue The Proof of fair share Confirm payment Prior to issue of Public Works City shall ensure completion of this improvement and the Applicant shall contribute a fair payment City shall complete certificate of Department share contribution of 26 percent to this improvement The Applicants fair share improvement occupancy contribution shall be paid prior to issuance of the first certificate of occupancy Note Applicant is responsible for contribution City is responsible for improvement MM TR 3 Install a traffic signal at First Street and Atlanta Avenue prior to issuance of Proof of fair share Confirm payment Prior to issue of Public Works occupancy permits The City shall provide reimbursement for the balance of the funding of payment certificate of Department improvements through the Fair Share Traffic Impact Fee account or shall designate credits City shall complete occupancy against the protect fees to that account The City shall ensure completion of this improvement improvement and the Applicant shall contribute a fair share contribution of 57 percent to the improvement Note Applicant is responsible for contribution City is responsible for improvement Fair share calculation is prop ided in Appendix H Traffic Impact Analysis Report z Ibrd Ibid 10 City of Huntington Beach Mitigation Mon►tor►ng Program Mitigation Monitoring Program implementation Responsible Compliance Verification mitigation Measure Documentation Monitoring Activity Timing Monitor Signature Date Utilities and Service Systems MM U 1 Prior to issuance of budding permits for the first project component the Applicant Solid Waste Management Review and approve Prior to issuance of Public Works shall submit a Solid Waste Management Plan to the City s Recycling Coordinator This Plan Solid Waste building permit Department plan shall discuss how the project will implement source reduction and recycling methods Management Plan in compliance with existing City programs Additionally this plan shall include how the project will address the construction and demolition generated waste from the site These methods shall include but shall not be limited to the following ■ Provision of recycling bins for glass aluminum and plastic for visitors and employees of the proposed project ■ Provision of recycling bins for glass aluminum plastic wood steel and concrete for construction workers during construction phases ■ Bins for cardboard recycling during construction ■ Scrap wood recycling during construction Green waste recycling of landscape materials Pacific City EIR 11 EXHIBIT C DEVELOPMENT AND USE REQUIREMENTS Xl 5601 41829\AGRM71704264 4 8/14/07 10' City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92W DEPARTMENT OF PLANNING Phone 536-5271 Fax 374-1540 3741648 June 9,2004 Ethen Thacher Makallon Atlanta Huntington Beach, LLC 4100 MacArthur Blvd , Ste 200 Newport Beach, CA 92660 SUBJECT DEVELOPMENT AND USE REQUIREMENTS FOR TENTATIVE TRACT MAP NO 16338/CONDITIONAL USE PERMIT NO 02-20 WITH SPECIAL PERMIT NO 02-04/COASTAL DEVELOPMENT PERMIT NO 02-12 - PACIFIC CITY Please find enclosed a list of city policies, standard plans, and development and use requirements, excerpted from the Huntington Beach Zoning& Subdivision Ordinance and Municipal Codes, which are applicable to the above named project The list is intended to assist you in identifying requirements which must be satisfied dunng the vanous stages of project implementation All requirements listed, along with any conditions of approval adopted by the City Council, would be effective upon final approval of your project If you have any questions,please contact Scott Hess,Planning Manager at(714) 536-5554 Since 1 Sc Hes Planning Manager Attachments 1 City Policies, Standard Plans, and Code Requirements of the City of Huntington Beach Zoning and Subdivision Ordinance and Municipal Code dated June 9,2004 2 Memo from Gerald Caraig Building and Safety Dept dated January 16, 2004 regarding Development Review Comments cc Mary Beth Broeren,Pnncipal Planner Tem Elliott, Pnncipal Civil Engineer Matt McGrath, Supervisor/Development and Petrochem Bob Stachelski Transportation Manager CITY POLICIES, STANDARD PLANS,AND CODE REQUIREMENTS OF THE CITY OF HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE AND MUNICIPAL CODE TENTATIVE TRACT MAP NO 16338/CONDITIONAL USE PERMIT NO 02-20 WITH SPECIAL PERMITS/ COASTAL DEVELOPMENT PERMIT NO 02-12 (PACIFIC CITY MIXED USE PROJECT) (Please Note These requirements are based upon the plans that were reviewed and approved by the City Council on June 7 2004 When detailed working drawings are submitted for review there may be additional changes required to the plans to ensure compliance with all applicable City Codes and Ordinances) June 9,2004 TENTATIVE TRACT MAP NO 16338 The following requirements shall be completed prior to recordation of the Final Tract Map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act 1 Final hydrology and hydraulic studies for both on site and off site facilities shall be submitted for Public Works review and approval Runoff shall be limited to pre 1986 Q s, which must be established in the hydrology study If the analyses shows that the City's current drainage system cannot meet the volume needs of the project runoff the developer shall be required to attenuate site runoff to an amount not to exceed the 25 year storm as determined using pre 1986 design criteria At the City s discretion, the dry weather flow for Drainage Area B may be routed into Drainage Area A to the Atlanta Stormwater Pump Station(ASWPS) Unless otherwise satisfied pursuant to CUP No 02 20 conditions relating to regional urban runoff treatment, the Master Association shall be responsible for all costs associated with the dry weather flow diversion and treatment(including pumping charges and OCSD fees, etc) The storm water flows for Drainage Area B will go to the First Street storm drain system that the applicant is designing and constructing All flows both dry weather and storm flow shall be treated in accordance with the City s MS4 Permit and other City s applicable requirements and standards (ZSO 253 12 & 255 04) 2 The developer shall submit the overall project water demands (including fire domestic and irrigation requirements) for the development to ensure that project demands utilized in the approved hydraulic analysis (i e Water Analysis for Pacific City prepared by Tetra Tech, Inc dated July 29 2002) are consistent Any changes in the project demands or uses which may impact the results of the approved hydraulic analysis(such as the addition of the Village Green Park) shall necessitate further hydraulic modeling and/or review to determine what affects the changes may have on the City's water distribution system Any further hydraulic analysis required as a result of these proposed changes shall be at the sole cost of the developer Any additional water infrastructure improvements required due to the changes in the project demands or uses shall be at the sole cost of the developer (ZSO 253 12 &MC 14 20) Code Requirements Page No 1 3 The developer shall submit for approval by the Fire Department and Public Works Dept, a hydraulic water analyses to ensure that the public on site water system within A' Street is adequate to meet the demands of the development The analyses shall include,but not be limited to piping sizes, domestic, irrigation, and fire flow requirements (ZSO 253 12) 4 The sanitary sewer system shall be designed and constructed to serve the development including any offsite improvements necessary to accommodate any increased flow associated with the subdivision either in its entirety or by individual phasing (ZSO 253 12) 5 A qualified Licensed Engineer shall prepare a detailed soils and geotechnical analysis This analysis shall include Phase II Environmental on site soil sampling in areas not previously investigated and laboratory testing of materials to provide detailed recommendations for grading chemical and fill properties liquefaction, foundations, landscaping, dewatering, ground water, retaining walls pavement sections and utilities (ZSO 251 06 & 253 12) 6 The following shall be shown as a dedication to the City of Huntington Beach on the Final Tract Map (ZSO 230 84A &253 1OK) a) First Street, between Pacific Coast Highway and Atlanta Avenue to provide a 57 5-foot right of-way easterly from the existing centerline and convey any remaining elements of the northern section of the First Street right-of-way for public street purposes b) Atlanta Avenue between First Street and Huntington Street to provide a 60 foot right of way southerly from the existing centerline c) Huntington Street,between Pacific Coast Highway and Pacific View Avenue to provide a 40 foot right-of-way westerly from the existing centerline d) Pacific View Avenue,between First Street and Huntington Street to provide a 90-foot right of way in conformance with the requirements of the Precise Plan of Street Alignment for the roadway e) Pacific Coast Highway,between First Street and Huntington Street, to provide a 60 foot right of-way northerly from the existing centerline or as required to satisfy the improvement requirements of Caltrans to obtain necessary encroachment permits f) A blanket easement over the private streets and access ways for Police and Fire Department access purposes g) The domestic water system and appurtenances within First Street Atlanta Avenue Huntington Street, Pacific Coast Highway, Pacific View Avenue, and A Street as shown on the improvement plans h) A water utility easement shall be submitted for review and approval by the City of Huntington Beach, covering the public water facilities and appurtenances located within A Street The easement shall be a minimum total width of 10 feet clear(5 feet either side and beyond the end of the water pipeline or appurtenance) of unobstructed paved or landscaped surface pursuant to Utilities Division standards Where access is restricted or impacted by structures walls, curbs, etc the easement shall be a minimum width of 20-feet to allow for access and maintenance operations,pursuant to Water Division standards No structures parking spaces trees curbs, walls, sidewalks etc , shall be allowed within the Code Requirements Page No 2 easement Utilities Division personnel shall have access to public water facilities and appurtenances at all times via knox box at each vehicular gated entry 1) Access rights in, over across upon and through the private streets the Village Green Park and access ways for the purpose of maintaining servicing cleaning, repairing, and replacing the public water system J) A 2 foot wide public utility easement along both sides of each private street k) The public sanitary sewer system and appurtenances within First Street, Atlanta Avenue, Huntington Street, Pacific Coast Highway and Pacific View Avenue as shown on the improvement plans 1) The storm dram system and appurtenances within First Street Atlanta Avenue, Huntington Street Pacific Coast Highway, and Pacific View Avenue as shown on the improvement plans, except those facilities (i e , clarifiers BMPs etc ) designated to be maintained by the Master Association on the improvement plans WQMPs and in the CC & R s m) Pedestrian access easements shall be designated as follows 1 Pacific View Avenue, First Street to east driveway— 10 feet south side 2 First Street Pacific Coast Highway to Atlanta—4 feet east side 3 Huntington Street, Atlanta Avenue to Pacific View Avenue—2 feet west side 4 Pacific Coast Highway—First Street to Huntington Street— 8 feet total width following the proposed pedestrian walkway 7 All vehicular access rights to First Street Pacific Coast Highway, Pacific View Avenue,Atlanta Avenue and Huntington Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Public Works Department (ZSO 230 84A) 8 Prior to approval of the Final Tract Map, 100% of the City Park Land In Lieu Fees shall be paid The required in lieu fees and/or land dedication for park and recreational facilities are based upon the standards and formula for dedication of land(determined by the total number of residential units)pursuant to Section 254 08 of the HBZSO The value of the park easement and/or improvements can not be credited to the payment of the in lieu fees pursuant to the HBZSO 9 A reproducible mylar copy and a print of the recorded tract map shall be submitted to the Department of Public Works at the time of recordation (ZSO 253) 10 The engineer or surveyor preparing the Final Tract Map shall comply with Sections 7 9 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual Subarticle 18 for the following item (ZSO 253) a Tie the boundary of the tract map into the Horizontal Control System established by the County Surveyor b Provide a digital graphics file of said tract map to the County of Orange Code Requirements Page No 3 REQUEST FOR COUNCIL ACTION MEETING DATE 7/06/10 DEPARTMENT ID NUMBER PW 10-028 Analyses The City of Huntington Beach entered into a Subdivision Agreement with Makar in August 2007 The purpose of the original Subdivision Agreement was to delay construction of certain improvements identified in the Conditions of Approval and provide bonds to guarantee completion of the improvements in the event Makar was unable to meet the requirements of the agreement Improvements include but are not limited to the construction of streets sidewalks trees landscaping sewers street lighting and water lines The existing Subdivision Agreement expires on August 20, 2010 Makar has completed some of the improvements but has requested an Amendment to the existing Subdivision Agreement to allow more time to finish the required conditions Given the-widespread downturn in the economy staff concurs with their request and recommends extending the term of the agreement for four (4) additional years As a condition for this extension, Makar agrees to complete improvements along the perimeter of the project to improve aesthetics and pedestrian access around the site by the end of 2010 These perimeter improvements are described in the proposed Amendment to Subdivision Agreement In general the improvements include the installation of landscaping on all medians surrounding the site build-out of the landscaped parkways and concrete sidewalks along Huntington Street Atlanta Avenue and First Street construction of temporary asphalt sidewalk along Pacific Coast Highway A new traffic signal will be installed at intersection of Huntington Street and Atlanta Avenue Public Works Commission Action Not required Environmental Status Environmental Impact Report No 02-001 was approved by Planning Commission on May 5 2004 Strategic Plan Goal Enhance Economic Development Attachment(s) o 1 Amendment 1 to Subdivision Agreement By and Between the City of Huntington Beach and Makallon Atlanta Huntington Beach LLC for Tract No 16338 Item 10 - Page 2 -130- ATTACHMENT # 1 AMENDMENT NO 1 TO SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND MAKALLON ATLANTA HUNTINGTON BEACH, LLC FOR TRACT NO 16338 THIS AMENDMENT NO 1 is made and entered into on the day of 6a-. , 2010 by and between the City of Huntington Beach, a municipal corporation of the State of California hereinafter referred to as "CITY ' and Makallon Atlanta Huntington Beach, LLC (hereinafter referred to as SUBDIVIDER ) WHEREAS, CITY and SUBDIVIDER are parties to that certain agreement, dated August 20, 2007 entitled ` Subdivision Agreement by and between the City of Huntington Beach and Makallon Atlanta Huntington Beach, LLC for Tract No 16338," hereinafter referred to as Original Agreement,' and Since the execution of the Original Agreement SUBDIVIDER has requested changes to certain sections of the Original Agreement and CITY has agreed to the changes The parties wish to commit in writing their respective understanding and acceptance of these changes NOW,THEREFORE it is agreed by CITY and SUBDIVIDER as follows 1 Section I of the Original Agreement is hereby amended to read as follows 1 GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof including, 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, and domestic water systems including the construction of water mains, services and installation of meters SUBDIVIDER also agrees to pay all 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 the work shall be done and perfo.med in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of the work shall be done at the sole cost and expense of SUBDIVIDER All of the work shall be completed on or before three (3) years from the date hereof, or such later time as approved by the City Engineer, not to exceed forty- eight (48) months from the date hereof unless a further extension is granted by the City Council or the conditions of approval of the subdivision map require an earlier completion date All labor and material bills therefor shall be paid solely by SUBDIVIDER CITY may withhold all occupancy permits until completion of all these improvements, provided, however, CITY will not withhold occupancy permits if SUBDIVIDER is in compliance with the construction phasing of such improvements as set forth in the conditions of approval for Tentative Tract Map No 16338 / Conditional Use Permit No 02-20 with Special Permits / Coastal Development Permit No 02-12 (Pacific City Mixed Use Project) dated June 9 2004 and City Council Approved Findings and 07 1116 002/45747 Page 1 of 4 Conditions of Approval for Pacific City Project (Tentative Tract Map No 16338 / Conditional Use Permit No 02-20 / Special Permit No 02-04 / Coastal Development Permit No 02-12 / Master Plan - - Pacific City Mixed Use Project) dated June 14 2004 2 Subsection 1-A is hereby added to the Original Agreement, said section to read as follows 1 A PERIMETER IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all the work necessary to construct the following improvements by December 31, 2010 as further depicted on Exhibit "A A Slurry existing pavement with Type II slurry to centerline on First Street, Huntington Street, and Atlanta Avenue After Pacific City Development project build-out grind and overlay existing pavement(0 10' minimum)to centerline on First Street and Atlanta Avenue along the property frontage Additional paving/resurfacing may be required after project build-out prior to final acceptance to mitigate for any damage on City streets (Atlanta Avenue, First Street, and Huntington Street) along property frontage caused by SUBDIVIDER as directed by City Engineer B Landscaping of medians along the project frontage on First Street, Atlanta Avenue, Huntington Street and Pacific Coast Highway Landscaping shall be designed and constructed per Public Works and Caltrans (for Pacific Coast Highway) Park Tree and Landscape standards and CITY's Arboricultural and Landscape Standards and Specifications Separate water and electrical meters shall be provided for each median C Relocation of existing construction perimeter fence to accommodate a 15 foot wide landscape setback along project frontage on First Street, Atlanta Avenue, and Huntington Street D Relocation of existing construction perimeter fence to accommodate a 10 foot wide setback along project frontage on Pacific Coast Highway E Construction of concrete sidewalk along project frontage on Atlanta Avenue, Huntington Street, and a portion of First Street from Pacific View Avenue to Atlanta Avenue per the approved plans All proposed sidewalks shall meet ADA, Title 24, and Public Works standards to the maximum extent feasible as depicted on the site plan F Construction of an 8 foot wide temporary asphalt sidewalk adjacent to existing curb along project frontage on Pacific Coast Highway (First Street to Huntington Street) Proposed sidewalk shall meet ADA, Title 24, Public Works standards, and Caltrans standards to the maximum extent feasible A Caltrans permit will be required for said work 07 1116 002/45747 Page 2 of 4 G Construction of a 6 foot wide temporary asphalt sidewalk adjacent to existing curb along project frontage on First Street (Pacific Coast Highway to Pacific View Avenue) Proposed sidewalk shall meet ADA, Title 24, and Public Works standards H Construction of ultimate perimeter landscaping along First Street, Atlanta Avenue, and Huntington Street within the landscape setback areas per the approved plans Landscaping shall be designed and constructed per Public Works and Caltrans (for Pacific Coast Highway) Park Tree and Landscape standards and CITY's Arboncultural and Landscape Standards and Specifications I Construction of concrete ADA curb returns including access ramps at the intersections along the project frontage located at Pacific Coast Highway/Huntington Street Pacific Coast Highway/First Street Atlanta Avenue/First Street, Atlanta Avenue/Huntington Street Pacific View/First Street, and Pacific View/Huntington Street J Completion of construction of traffic signal for the intersection of First Street at Atlanta Avenue to include the addition of a supplemental signal head on the north side of Atlanta Avenue, east of the intersection as shown on approved signal plan dated May 2008 K Installation of new traffic signal at the intersection Atlanta Avenue at Huntington Street per the approved traffic signal plans L Energizing of all street lighting along entire project frontage M Sign and stripe First Street, Atlanta Avenue, Huntington Street and Pacific Coast Highway along the project frontage per the approved Signing & Striping plans Additional re striping may be required after full Pacific City Development project build-out prior to final acceptance to mitigate for any damage to existing striping on CITY streets (Atlanta Avenue First Street, and Huntington Street) along the property frontage caused by SUBDIVIDER as directed by City Engineer N A traffic control plan for all work within the CITY right of-way shall be submitted to the Public Works Department for review and approval The CITY s plans shall be prepared according to the Traffic Control Plan Preparation Guidelines Plans for Pacific Coast Highway shall be per Caltrans requirements and are subject to Caltrans review and approval Maintenance of Perimeter Improvements stated herein shall conform to the LICENSE AND MAINTENANCE AGREEMENT BETWEEN THE CITY AND MAKAR, LLC dated September 28, 2007, which remains unchanged 3 Section 4 of the Original Agreement is here by amended as follows 07 1116 002/45747 Page 3 of 4 4 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement This plant-establishment work shall consist of adequately watering plants replacing unsuitable plants performing weed rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants This plant establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete Maintenance therefrom shall conform with approved License and Maintenance Agreement dated August 20, 2007 4 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized offices the day month and year first above written SUBDIVIDER CITY OF HUNTINGTON BEACH a MAKALLON ATLANTA HUNTINGTON municipal corporation of the State of California BEACH, LLC a Delaware limited liability company By AHB Manager, LLC, a Delaware limited liability company, Its Special Managing Mayor Member By Farallon Atlanta Huntington Beach U City Clerk g 31/06 Investors LLC, a Delaware limited liability company, Its Member INITIA�T AND APPROVED By Farallon Capital Management, L L C a / ' /_- - Delaware limited liability company its Cit ngmeer Manager COUNTERPART *ty D APPROVED By Name inistrator Title By Greenfield Pacific, LLC, a Delaware AP OVED AS TO FORM limited liability company it Member 44__1 B City Attorney 7_ILI-10 y �p Name Barry P Marcus �� Title Senior Vice President 07 1116 002/45747 Page 4 of 4 4 PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement This plant-establishment work shall consist of adequately watering plants replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete Maintenance therefrom shall conform with approved License and Maintenance Agreement dated August 20 2007 4 REAFFIRMATION Except as specifically modified herein all other terms and conditions of the Original Agreement shall remain in full force and effect IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written SUBDIVIDER, CITY OF HUNTINGTON BEACH, a MAKALLON ATLANTA HUNTINGTON municipal corporation of the State of California BEACH, LLC,a Delaware limited liability company By AHB Manager,LLC, a Delaware limited liability company Its Special Managing Mayor Member By Farallon Atlanta Huntington Beach City Clerk Investors,LLC, a Delaware limited liability company Its Member INITIATED AND APPROVED By Farallon Capital Management L L C , a Delaware limited liability company,its City Engineer Manager ---- - REVIEWED AND APPROVED By Name Stephen i 11 h am City Administrator Title angi ng MCmber By Greenfield Pacific, LLC, a Delaware APPROVED AS TO FORM limited liability company, it Member City Attorney /L(v 7-1L/—/o By Name Barry P Marcus Title Senior Vice President COUNTERPART 07 1116 002/45747 Page 4 of 4 4 PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete Maintenance therefrom shall conform with approved License and Maintenance Agreement dated August 20,2007 4 REAFFIRMATION Except as specifically modified herein,all other terms and conditions of the Original Agreement shall iemain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written SUBDIVIDER, CITY OF HUNTINGTON BEACH,a MAKALLON ATLANTA HUNTINGTON municipal corporation of the State of California BEACH,LLC,a Delaware limited liability company By AHB Manager,LLC,a Delaware limited liability company,Its Special Managing Mayor Member By Farallon Atlanta Huntington Beach City Clerk Investors,LLC,a Delaware limited liability company,Its Member INITIATED AND APPROVED By Farallon Capital Management,L L C, a Delaware limited liability company,its City Engineer Manager �- -- REVIEWI✓D AND APPROVED By Nance S p h e n M i ham City Administrator Title M 0 angi ng M tmber By Greenfield Pacific,LLC,a Delaware APPROVED AS TO FORM limited liability company,it Member I City Attorney AV 7-/tl/, t7 By Name Ban P Marcus IT Iq 14 I Title Senior Vice President COUNTERPART 07-11 lb 002/45747 Page 4 of 4 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: PL 07-26 Strategic Plan Goal: Strategic Plan Goal: Create an environment that promotes tourism to increase revenues to support community services and transform the city's economy into a designation economy. The project will improve a vacant lot by providing a diversity of uses that are oriented to the needs of local residents, serve the surrounding region, and serve visitors to the City. Environmental Status: The action to accept Final Tract Map No. 16338 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1. Findings and Requirements for Acceptance of Final Map No. 16338 2. Vicinity Map 3. Tentative Tract Map No. 16338 with Site Plan 4. City Council Notice of Action dated June 18, 2004 5. Final Tract Map No. 16338 6. Subdivision Agreement and Certificate of Insurance 7. Special Utilities Easement Agreement �L57Lo? - NUJ c.jL=(=4C- 8. License and Maintenance Agreement CC�046 - D,.) is 9. Agreement Regarding Village Green Park /J/J c.z 6,,a-L- 10. Agreement Regarding City Requirements Je7CZk,6 #,r-1-2-� �� 8 -5- 8/15/2007 8:51 AM ATTACHMENT # lLj] ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16338 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance, and Tentative Tract Map No. 16338 conditions of approval, code requirements, and mitigation measures as approved by the City Council Requirements for Acceptance of Final Map: 1. Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. 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 for the map: a. Agreements with appropriate school districts intending to mitigate the impact on school facilities shall be executed. The Planning Department shall be provided with a copy of the agreement prior to recordation of the final tract map. b. Compliance with the City Council approved Owner Participation Agreement regarding payment of Park and Recreation In-Lieu Fees. ATTACHMENT #2. go MCF RN °� C6M7i BDHffi WAR]IF3 ♦ ♦ SLATER '[A1bPb' \♦ ♦1 ttidB •♦ .GARFIIf� 1 INHOUOWN &Ban lnm1ARAFOW AMAM ` '.d4 f +�y��• 11A �rm .l aAnmM � p Y { i 1 ty { \ VICINITY MAP FINAL MAP NO. 16338 (PACIFIC CITY—21002 PACIFIC COAST HIGHWAY) ATTACHMENT #3 TYPICAL STREET SECTIONS NOTES ' � .. :\\'. 1 '. /�/y/(� ��'f' •' IIiSi SItF a r rIASf SMF[SnN� S - �s�y~` \ r✓. ""`` �n ���<y .. �^anyd �'r{'�"`..rr.. m,....I rennc yl[w AVFrM et...n,.o .t. ...,.,. ..., ... c .J,A?J,rs r,< a r•iee "=\n ter q:• AnavrA nvg�� nw ,o.�.Mxm VICINITY MAP ':W•wrw,,wt•„r \ ':\ Iw -- rl o.ddf'� 'I`)� 'A\ �\. _ _:c-_.s�..:,,�,,,,x „t. 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NOTES . � :p�#�r�✓✓ � /' ��ry,uyW :�, YP od N .. a.. c 1 J•ACIPI' -db->re�iieei.• o •f�'� '"s„y_..: . ,.. .M.' \ ' . .... � �r�• � c e e t s e ��`,''`. f A�6 jl- AT f Af 1 _ VICINITY MAP t QdS `�.: V� PA[M11C VrtW AV[MI[ F , r 3 A aYa P .. I f. 1 rY PACIFIC COAST HIGHWAY _ PACIFIC VIEW AVENUE INTERIM IOY, A`oTsuMM"RYTAaLE fOrUO tft.YR14AW Y Iel,Df"tW f CtYAWPCYx MN 1 M03MMl1Y LEGAL DESCRIPTION Loy STATEMENT 0fOWNERSHIP a rt.y�, w�..:.w„t"n '•� sm Ae ' Ise+,� ✓ b "cr ruav ,t.ly rerY ✓ � y .A o '!a!v ��'�°` .,�161dY"',iV o�t�"kwd�X.T'w �. ' au"sy yid 4 1 ✓ �' P4r''��*'�" sir t MOPOSID PACIFIC COAST HIC~ r, fr s.•�`•`r'�{o`M-1 °ey JI I '� vl '� �i i•uonr.v+. A,.< .. .. _. au E °dyer I •_•... -__ _..._..___. _......�__._.. I jays' �'� M •� ° IApit r 0-5 �, k•.. 4' :'� j '� �. �'9 :�,A" � n. I,I' � tea oun,o..•AaK ynw�Ag YA n.mw.,onn, •aeneM ' °,;wr so' !LOT III AN AC LOT f _m!u au Ao �� ,�r i k t '' I '',•'"�.." cartoue evmvYx Y � � r+y� LL` 1��`• 1#� its '°`"'_ b r me vlew AveHert PREPARED FOR: PREPARED BY: f •L i" Aa1 �i .. �2! °J^, �°"iwnm:uo e. •rei` AUKALLON ATLANTA ^ IFS HUNTINCrON H LLC ~. L TYPICAL STREET SECTIONS .. ' ,^�w-....•Yr•u✓M• + r., x �, _- '.. T�,.:• '•. i'•�.a .Y- v +Y.n_ 1I� 9 SWtpo B cN CA 9160 .ice • '.,•• _. T Nft '••_._._•__ �I:=---•—• --..,—. _ �..._.._..._ .. 1949115511011 nvnueu�eueel.Nu . .•• � 5 -7 ............._,...._.... Iw PACIFIC COAST HIGHWAY PACFC cm.mnvruJotoPY BEACFI a . O TENTATIVE TRACT PACIFIC VIEW AVENUE ULTIMATE NO. 16338 1 j i — ' n - smle o s rJ�lo4lnt A1ar2111wkiLu•... ' �rxd'asu7eri4 riux aswlcsow Waal -- .. ...... . fo L.. . �rwtufwo4aumwasrosoalow ° 2 ul.lrewouo6e.acnow I . m ILLL.. I 1.. 7T-7 -: ................. _ __._.._... .. /lilit _ 1 . ..... _. .._ h... .. .. .. ... ... .. . nYM 10100 11x00 Iici IN00 1440 1f100 16100 11M0 16+00 low _1W00 11W0 22.0 21100 _-- 14+00 PROFILE SCALES: VICINITY MAP 11010E 11wq ART..11.0' I' (1 1 103 AC II yl. P-ato d�' 1 wazo L O 7 1 - - 1n', I! 1 Itj 17.23 AC 11,' �1 P-48.0 a ?� �•� l,�, ..: LA �� I ! t w320 1 i j R�. 1 �.I � ••�\ e w a su 1 tl 3 ri j! 11 .Urals n� r1 . 7 __ _•pRl✓ •�• � �p� \ �\ OSS MIA _.@L1J.. .-. _ TOTN 1017 ... .,. . .. PREPARED FOR: PREPARED BY. ,1 HUp-28.0 NT`CTON BEACH,LLC 4100 MaOAftMr 8Nd Wt.130 Nvp wa9.o P-ao.o 1 }, (9499)22SS4100h CA 97660 �1 •�:{ PACFIC Cm.h MMOTON BEACH .. y L o r 2 '•12 AC 3 1' TENTATIVE TRACT ir!l i � ear ACNO. 16338 PACIFIC VIEW PROFILE STUDY O,rET 1 OF 1 f PACIFIC CITY KrCYGnOLP,,— HUNTINGTON BEACH IN ATTACHMENT #4 laft'i'li! Ail! .... i 2000 MAIN STREET OFFICE OF THE CITY CLERK June 18, 2004 California Coastal Commission 200 Oceangate, 10'' Floor Long Beach, CA 90802 Re: NOTICE OF FINAL ACTION — PACIFIC CITY PROJECT Dear Sirs: CALIFORNIA 92648 The City Council of the City of Huntington Beach at its regular meeting held Monday, June 7, .2004 took action on the, following Public Hearing Appeal: Public. Hearing Part 9:. of 2 to Consider.Appeals Filed by (11.).The Robert Mayer Corporation and (2.) Lewis Brisbois Bisgaard & Smith, LLP on behalf of South Coast Angus, LLC of the Planning Commission's Approval of the Pacific City Project's Environmental Impact Report (EIR) No. 02-01; AND Public Hearin_g Part 2 of 2 - To Consider Appeals Filed by (1.) Makar Properties, LLC and (2.) The Robert Mayer Corporation of Tentative Tract Map No. 16338, Conditional Use Permit No. 02-20 with Special Permit No. 02-04, Coastal Development Permit No. 02-12, and Conceptual Master Plan - Pacific City, Applicant/Property Owner: Makallon Atlanta Huntington Beach, LLC, Ethen Thacher. Location: 21002 Pacific Coast Highway. The City Council upheld the Planning Commission decision of approval. As part of their approval Council amended the conditions to: 1) require meandering sidewalks along the perimeter of the project; 2) review the City of Irvine's bike rack requirement and specify the number of bike spaces for Pacific City; 3.) review.traffic calming alternatives to control traffic and decrease speed along Pacific View Avenue; 4) require that 100% of the park land in -lieu fee be paid by the applicant for the project; 5) environmentally sensitive habitat be protected from any significant disruption of habitat values and only uses dependent on those resources shall be allowed in those areas; 6) water quality plan be submitted to Council for review and approval; 7) employee parking be onsite and any parking fees for employees not exceed annual parking pass fee at the beach parking lot. The Action Agenda and amended Findings and Conditions of Approval are enclosed. The June 7, 2004 minutes of the approval of the appeal will be mailed to you following Council approval of the minutes. This is a final decision. You are hereby -notified that pursuant to provisions of Section 1094.6 of the Code of. Civil Procedure of the State of California you have ninety days from June 7, 2004 to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536- 5227. Sincerely, Joan L. Flynn City Clerk Enclosure: Government Code 1094.6 Amended Suggested Findings and Conditions for Approval Action Agenda Pages 12-18 N cc: Penny Culbreth-Graft, City Administrator Jennifer McGrath, City Attorney Howard Zelefsky, Planning Direction Scott Hes§§ Planning :Manager Mary Beth'Broeren, Principal Planner California Coastal Commission — 200 Oceangate, 10�' Floor, Long Beach, CA 90802 Pacific City Coalition —16787 Beach Blvd. #316, Huntington Beach, CA 92647 Appellant — The Robert Mayer Corporation — 660 Newport Center Dr., Ste. 1050, Newport Beach, CA 92660 Appellant — Lewis Brisbois, Bisgaard, Smith, LLP — 650 Town Center Dr., Ste. 1400, Costa Mesa, CA 92626 Appellant — Makar Properties, LLC — 4100 MacArthur Blvd., Ste. 200, Newport Beach, CA 92660 ATTACHMENT #55 SHEET 3 9 NUMBERED LOTS TRACT NO. 16338 5% UNITS, RESIDENTIAL OON DOMD aA ON LOT T IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, GROSS ACREAGE: 31IL1105 STATE OF CALIFORNIA, NET ACREAGE 27m* (ALL OF TENTATIVE BERM A SUBDIVISION OF PARCEL i AS SHOWN AND DESCRIBED IN THAT CERDAIN TRACT No. IBM CONDITIONAL CERTIFICATE OF COMPLIANCE No, 984 RECORDED FEBRUARY 28, IIBBB AS INSTRUMENT NO. 100010911W OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA HUNSAKER AND ASSOCIATES IRVINE, INC. RORY S. WILUAMS, L.S. 6664 DATE OF SURVEY: OCTOBER, 2004 OWNERSHIP CERTIFICATE WE, WE UNDERSUNED. BEING ALL PARTIES HAMNG ANY RECORD TIRE INTEREST IN THE LAND COVERED BY TUBS MAP, GO HEREBY CONSENT TO THE PREDARAIRA AND RECORDATW OFSAIO MAP, AS SHOW WO11N THE MSRNCRIE BOROER UNE. WE HERESY DEDICATE TO ME PUBLIC FM STREET PURPOSM PACIFIC COAST HIGHWAY, PACIFIC NEW AVENUE, HUNTINGTON STREET, FIRST STREET AND ATLANTA AVENUE WE M-SO HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH: 1. THE 3.00 FOOT EASEMENTS FOR PUBLIC UMTY PURPOSES AS SHOW OM SAID MAP. 2 ACCESS RIGHTS IN, OVER, ACROSS, UPON AND THROUGH THE PRIVATE STREETS, VILLAGE GREEN PARK AND ACCESS WAYS WINN SAID TRACT FOR ME PURPOSE OF MAINTAINING, SERMCNG. CLEAMNG, REPAIRING AND REPLACING THE WATER SYSTEM WON SAID TRACT. 1 ME EASEMENTS FOR POUCE AIO FIRE DEPARTMENT ACCESS PURPOSES AS SHOW ON SAD MAP. A. THE EASEMENT FOR ACCESS PURPOSES AS SHOWN W SAID MAP. S ME EASEMENT FOR VILLAGE GREEN PARK AND [PEN SPACE PURPOSES AS SHOWN ON SAID NAP. 6. THE EASEMENT FOR SIDEWALKS, PEDESTRIAN PRGESS, EGRESS AND ACCESS PURPOSES AS SHOW ON SAID MAP, 7. ME EASDAENT FOR WATERLINE PURPOSES AS MOM ON SAID MAP. S. THE EASEMENT FOR PUBLIC PARK AND OPEN SPACE PURPOSES AS SHVW ON SAID MAP. 9. THE DOMESTIC WATER SYSTEM AND APPURIFMANOS AS SHORN W WE AWROVEENT PLANS FOR THIS TRACT. 10. ME SANITARY SEWER SYSTEM AND APPURTENANCES AS SHORN W THE IMPROVEMENT PLANS FM THB TRACT. It. ME STORM GRAIN SYSTEM AND APP A4TENANCES AS SHOW W ME IMIMMOIENT PLANS FOR THIS TRACT. 12 WE ALSO HEREBY RELEASE AND REUNOIISI TO ME CITY CE HUNTNGTW BEACH: ALL WHIOUUR ACCESS RIGHTS M PACIFIC COAST HIGHWAY, RRST STREET, ATLANTA AWNUE AND HUNTINGTON STREET, EXCEPT AT UCATCNB APPROVED BY ME PLANNING CWWZNM MAKALLON ATLANTA HUNTINGTON BEACH, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR TO ATLANTA HUNTINGTON BEACH LLC, A DELAWAFE UNITED LIABILITY COMPANY /\ J BY: ' NAMP-M,LNAIL t,YwgT NAME: TIRE: gyp- OgIFApPWAERr TITLE: FyP-D)2XlAiRMS FIRST AMERICAN TITLE COMPANY, A CALIFORNIA CORPORATION, TRUSTEE UNDER A DEED OF TRUST RECORDED SEPTEMBER 29, 2006 AS INSTRUMENT NO. 2006000551146, OF OFFICIAL RE SAT THE DIRECTION OF THE BENEFICIARY THEREBY SECURED BY: BY: NAME: NAME: oA1 i TITLE: CART TITLE: ASST.` SELOMTAW NOTARY DGEMEMS: STATE OF CA FORMA 55 COUNTY OF,N�.AiR/M�. 1 p /� ON. BEFORE AM _Y�Y_F�X _GI %iju ^ERSONALLY APPEARED ED UNaIA[ 4 T. 60YW1 T PERSONALLY KNOWN TO ME OR P VEO TO WE W ME BASlSD TO7@�.1I$�S,ASAOSFACMRY EVOENCE) TO BE MENA WHOSE PETS H;! ETHA R ICI ME NSME IN RUMBY ENT�RE PEMORIZ� OR ENTITY UPON BEHALF OF WHICH ME RSON ACTED, EXECEITEO ME INSTRUMENT. T�97 WITNESS MY HAND: AMRE_�QL,WIWF[i NOT NOTARY PV IN A D FOR SAID STATE NY NCPAL PLACE OF WUSNESS IS M COUNTY. �„ �rarrt MY COMMtBS10N: 19YI I73 NAME PRINTED Vitt'. Dwze : 111201 og STATE OF CAUFORNIA 55 COUNTY OF ORgAYM� ON US 2 a BEFORE NE,y�UK.SOLO.{/D 5y (, YAeAl/C PERSONALLY APPEAR 1>l4EN,4(L SA6,yEf M,N(I iinMGL< K,�U PERSONALLY KNOWN TO ME ) TO BE ME PERSON(S) Mi05E NAMES Ifr/pRE SUBSCRIBED N THE WMIN INSTRUMENT AND ACKNOWLEDGED TO ME MAT FICfjSy'ME//iiHEY EXJkA- THE SAME IN MIBQMBE(/MEIR AUMCRIZED WACTY(IES). AND MAT BY WHICH THE 9GNATURE(S) M ME INSTRUMENT MIIW THE PEIRSI ACTED, EXECUTED ME INSTRUMENT. THE PERSON(S), OR ENTITY UPON BEHALF OF WITNESSMY H I� SIGNATURE ✓f NOTARY PUBLIC IN AND FOR SAD STATE MY PPo�.yyCIPA} PLACE OF BUSN E55 IS IN IO+PAL COUNTY, O�NAW MY COMMISSION EXPIRES: MN�2EY0 NAME PRINTED) CWA*v*sA*VIt 14A7S4'p CITY PLANNING COMMISSION CERTIFICATE 1, SCOTT HESS SECRETARY O ME PLANMNG CWYSSTON BE ME CITY O HUNTNGTW BEACH, CAFWMA DO HEREBY CEO MAi I HAVE COMMED THIS MAP AND HAW FOUND IT TO BE SUBSTANTIALLY THE SAYE AS THE TENTARW MAP AS FILED MW. AMENDED AND APPROVED BY THE HUNTINGTON BEACH CITY PLMANG COMMISSM. DAM THIS DAY O 2CO7 $CCITT HESS, SECRETARY CITY OF HUNNIGTQN DEAN CITY PLANNING GWMSSIW ACCEPTED AND FILED AT THE REQUEST OF DATE: TIME FEE: I INSTRUMENT NO. BOOK PAGE TOM DAILY COUNTY CLERK - RECORDER BY SURVEYORS STATEMEM: DEPUTY THIS MAP WAS PREPARED BY ME OR UNDER MY D RECTNN AND IS BASED UPON A FIEm SURVEY N CONF'gNMANCE WM THE REQUIREMENTS OF RE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT ME REWEST O MAKALON ARANTA HUNTINGTON BEACH. N OCTBEER, 2D04. I HEREBY STATE THAT ALL MOANENiS ARE OF THE CNARACMR AND OCCUPY ME POSITIONS AIMTED. OR THAT THEY WILL BE SET IN SUCH POSITIONS N ACCORDANCE WTH THE TERMS OF ME MONUMENT AGREEMENT: AND MAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, I (HEEEREBY STATE /MAT THIS FWM-- MAP SUBSTANTIALLY CONFORMS TO ME CONDRONALLY APPROVED iTNTADVE MAP. 'T ft Ji � 1t.6{.6t-� 7%04�09 W�. WIMIM& L.S. 6664 T—(--� LICENSE EXPIRES 12/31 /Dl ID COUNTY SURVEYORS STATEMENT: I HEREBY STATE THAT I HAW EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF ME SUMMMSCV MAP ACT HAVE BEEN COMPLIED WM AND 1 AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THS _DAY OF2W7, RAYMOND L. MATE, COUNTY SURVEYOR LS 61M CAROM DATE: 3/31/08 COUNTY TREASURER -TAX COLLECTORS CERTIFICATE STATE OF CAUFORNIA 1 - ' } 55 COUNTY BE ORANGE I HEREBY CERTIFY THAT ACCORDING M THE RECORDS O MY OFFICE THERE ARE NO LIENS AGAINST ME UND COVERED BY THIS MAR OR ANY PART THEREOF FOR UNPAID STATE, CGUNTY, MUNICIPAL OR LOCAL TAXES M SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TALES M SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND CO A150 CERTIFY TO WE RECORDER OF ORANGE COUNTY MAT ME PROMSKNS O WE SUBDIVISION MAP ACT HAVE BEEN ONFUED WM REGARDING DEPOSITS TO SECURE PAYMENT O TAXES O SPECK. ASSESSMENTS COLLECTED AS TAXES W WE LAND COVERED BY THIS MAP. DAM THIS DAY OF 2007. COUNTY TEA CET - TAX CQLECIOR DEPUTY TREASURER - TAX COLLECTOR CITY ENGINEERS STATEMENT. I HEREBY' STATE MAT I HAW EXAMINED THIS MAR ARID HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WM M TENTARW MAP, IF REQURED, AS FILED WTH, AMENDED MKI APPROVED BY THE Ott PLANNING COMMSSON: MAT AL PROW40NS OF ME SIBOMSIW MAP ACT AND Ott SUBDIVISION REGULATIONS NAVE BEEN GR,Um MIN. THIS STATEMENT PULL TAKE EFFECT UPON ME DATE UPON WUCH ME COUNTY OF OUNCE APPROIES ME MAP AS TECHNICALLY CORRECT. DATED THIS DAY OF , 2W7 TRAMS A. HOPKINS C."Y EH6RryTgR CI tt OF HUNTINGTON BEACH R.GE. BOND EXIPIRATIM DATU 12/31/W CITY CLERK'S CERTIFICATE STATE O CAUFORNIA COUNTYOfORANGE 55 CITY OF HUNRNGTON BEACH I HEREBY CERTIFY MAT THIS MAP WAS PRESENTED) FOR APPROVAL TO THE CITY COUNCIL OF THE OTY OFHWNNGTW BEACH AT REQIIAR MEETING THEREOF HELD ON ME DAY O 20O7, AND MAT THEREUPON SAID COUNCIL MD, BY AN ORDER DULY PABSED MO ENTERED. APPROVE SAD M. AND OD ACCEPT W BEHALF ORE PUBLIC. UIECT TO INRROWMENTS THE DEDICATM FOR STREET PURPOSES OF: PACIFIC COAST HIGHWAY, PAIMC MEW AVENUE. HUNTINGTM SKEET, MIST STREET AND ATLANTA AMI WMIN THE BOUNDARY O THIS MAP. AND DO ALSO ACCEPT ON BEHALF O ME CITY O HNRNGTON BEACH, SAID APPROVAL TO ME EFFECT UPON ME APPROVA O THE MAP BY ME COUNTY OF ORANGE I. ME 100 FOOT EASEMENTS FOR PUBLIC UTIUTY PURPOSES, AS DEDICATED.:. 1 ME ACCESS RIGHTS IN OVER. GROSS, UPON AHPo THROUGH ME PRIVATE STREETS, MUAGE GREEN PARK AND ACCESS WAYS MMIN SAD TRACT FOR ME PURPOSE O MAINTAINING, SERMONG, aUUNING, REPAIRING AND REPLACING ME WATER SYSTEM WRNN SAID TRACT, AS DEDICATED. 3. ME EASEMENTS FM MICE 00 FIRE DEPARTMENT ACCESS, AS DEDICATED, 4. ME EASEMENT FOR ACCESS PURPOSES, AS DEDICATED. 8. THE EASEMENT FOR VUACE GREEN PAR( AND OPEN SPACE PURPOSES. AS DEDICATED. 6. ME EASEMENT FOR PEDESTRIAN INGRESS, EGRESS AND ACCESS PURPOSES AS DEDICATED, Z. ME EASEMENT FOR WAIEENE PURPOSES AS DEDICATED. S. THE EASEMENT FM PUBUC PARK AND OPEN SPACE PURPOSES AB DEDICATED. S. ME DWESTC WATE8 SYSTEM AND APPURTENANCES AS DEDICATED. 10. ME SANITARY SEWER SYSTEM AND APPURTENANCES AS DEDICATED. 11. ME STORM DRAM SYSTEM AND APPURTENANCES AS Da"TED, 12. ME WHICUUR ACCESS RIGHTS TO PAGFIC COAST HIGHWAY, FIRST SKEET, ATLANTA AVENUE AND HUNTINGTON STREET, AS RELEASED AND RDUNOULSHEG. ME OTT COUNCIL OPRO\EO WE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 664*03)(aJd(c) BE THE WED! MAP ACT, SAID APPROVA TO THE EFFECT UPON WE APPROVAL. OF MM BY INE COUNTY OF O ANBE. THIS STATEMENT WILL TAKE EFFECT UPON ME DAIS UPON WNW ME COUNTY O MANGE APPROWS ME MAP AS TECHNICALLY CORRECT. DAZED THIS DAY OF 2001. AAN L. FLMN CLE CITY RK O ME CITY O HNTNGTW BEACH BY: (DEPUTY) SHEET 2 OF 8 WEE" NUMBERED TRACT NO. 16338 ,� ConooN ON LOT T IN THE CITY OF HUNTINGTON BEACK COUNTY OF ORANGE, QROSS ACREAGE 34186 STATE OF CALIFORNIA NET ACREAGE: 27788 (ALL OF TENTATIVE TRACT NO. IN= HUNSMER AND ASSOCIATES IRVINE, INC. RORY S. WILLIAMS. LS. 88M DATE OF SURVEY; OCTOSER, 2004 SIGNATURE OMISSIONS: PURSUANT TO THE PROVISIONS OF SECTION 66436 (R)(3XANI(C) OF THE SUBOVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: ROBERT J. NORTHAM AND THE STEARNS RANCHO COMPANY, HOLDER OF AN EASEMENT FOR ROADS. AOUEWCTS IYTCHES, PIPES FUJI OR OTHER CONWITS OF WATER RECORDED JANUARY M -9 IN BOON 40, PAGE 92 OF DEEDS. NOT PLORABL (GULL BE ELIMINATED UPON TRACT MAP RECOROAI)ON) THE STEARNS RANCHOS COMPANY, HOLDER OF AN EASEMENT FOR ROADS. RAILROADS AND DICES AND THE USE AND CONIRO OF CIENEW AND NATURAL STREAMS OF WATER, IF ANY, NATURALLY UPON, FLOMING ACROSS INTO OR BY SAID LAND, AND ALSO THE RESERVATION OF THE RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION OR 0 ANAGE GiGIES THROUGH SAID TRACT TO IRRIGATE OR DRAM THE ADJACFNT LAND RECORDED SEPTEMBER 4, 1902 IN BOOR W.PAGE 351OF DEEDS AND AUGUST 7. 1899 IN BOOK 30 PACE 17B OF DEEDS NOT PLOITABLE (WLL BE ELIMINATED UPON TRACT MA' RECORDAIKNR) THE COUNN OP GRANGE, HODS OF AN EASEMENT FOR ROAD AND NODEXTA PURPOSES PCODRDED MAY 5, 1904 IN BOOK In PACE 313 OF DEEDS HUNiING1ON BEAM COMPANY, HODER OF AN EASEMENT FOR ROAD RESERVATION RECORDED AUGUST 6, T904 N BOOR 108, PARE 1D OF DEEDS AND BY OTHERS N VARIOUS DEEDS OF RECORD. THE ON OF HUNTINGTON REACH, HOLDER OF AN EASEMENT FOR PUBLIC HIGHWAY RECORDED DECEMBER 15, 19M A BOOK 2116, PAC: 476 OF OFFICIAL RECORDS LIES VANN HUNTINGTON STREET. THE ON OF HUNTINGTON BEACH, HOLDER OF AN EASEMENT FOR HIGHWAY RECORDED DECEMBER 29, 1250 IN COOK 02Z PAC: 267 OF OFNOA RECORDS. LIES VA14N HUNTINGTON MET. THE CITY OF HUNTINGTON BEACH, HOLDER OF AN EASEMENT FOR PUBLIC HIGHWAY AND ACIDENTAL PURPOSES RECORDED JANUARY 9, 1961 IN SOCK 5582, PAGE 197 OF O'ROA REC4PoOS LIES WTHN HUMNGION STREET. THE Ott O HUNTINGTON BEACH, NOW OF AN EASEMENT FOR PUBLIC STREET, UTILITY AND INCIDENTAL PURPOSES RECORDED OCTOBER 13, 1987 N BOOK & , PAGE 201 OF OFFICIAL RECORDS, LIES WINN HRST STREET. THE CITY OF HUNTNGTON REACH, HOLDER OF AN EASEMENT FOR PUBUC STREET PURPOSES RECORDED NOVEMBER 14, JIM IN COOK 8787, PAGE M7 OF OPFCOk RECORDS UES WTHIN PACRTC COAST HGHWAY. HUNTINGTON BEACH COMPANY, HOOFER OF EASEMENTS FOR MONITORNG WllJS AND INODENTAL PURP S REDODED MAY 9, 1996 AS INSTRUMENT NO. 19960234743 OF OFFI RECORDS NOT PLOTTABLE PACIFIC ELECTRIC RAILWAY COMPANY, OWNER OFMNERM AND OIL L RIGHTS RECDR SEPTEMBER 13, 1960 IN SOOR 5413, PACE N OF OFFICIAL RECORDS AND SEPTEMBER 13. 1980 IN BOOR 5413, PACE 449 O OFFICIAL RECORDS THE ON O HUNTNGTON BEAM, O OF WNERAL RIGIIS REGORGED IANUARY 13, 1980 IN BOO( 5051, PAGE 383 OF OFFICIAL RECORDS SO NERM CAIFORMA EDISON COMPANY, HOLDER OF EASEMENTS FOR ELEC716GM AND COMMUNICATONS SYSTEMS AND INODENTA PURPOSES RECORDED MARCH 29. 2007 AS INSTRUMENT NO. 2007000201498 AND RECORDED APRIL 9, 2007 AS INSTRUMENT NO 2007000227303. BOTH OF OTICA RECORDS SHEET SCALE TN21W 0F8OTS TRACT NO. 16338 3&9JMB 9 NUMBERED LOTS 818 UNI A RESIDENTIAL CONDOMINIUM ON LOT 1 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF GROSS ACREAGE 34.185 ORANGE, NET ACREAGE 2Z.i09 STATE OF CALIFORNIA (ALL OF TENTATIVE TRACT NOU 10338) HUNSAKER AND ASSOCIATES IRVINF INC. iWND NOTHING RORY S. VYIWAMS, L.S. 8864 DATE OF SURVEY. OCTOBER' 004 ESTABLISHED FROM CARRµS PE NOTES SR 9D-073, PAGES 7-9. BOUNDARY AND GIDS SHEET eo N: ]. \ WSCMIEED NNE- N'Fptsr PER 155/m, DEEDS (mm, SWTHWESIEAY /f FROM THE SWMWEST UNE O MAN AVENUE AS SHOW ON Y.M. J/M). CONSTRUCTION CENTERUNE O PACIFIC WAIT HIGHWAY, (FORMERLY 0" AVENUE), PER N.Y. 3IM. FD. NOTING ESTARU%T0 SOIUTHWIEST CORNER O TR. 12268 \ ON EXTENSION OF C.L AT ANTA AVE., AT RECORD "STµO (19T11) PER M AND C.H.NF.B, 155, PAGE 1 O 4. \ �\ (NOOL151i 9].35')RJ /•� �'k,S• / CENTERLINE O LAKE STREET (FIRST •��t�y tzI,, y \Mfw. \ STREET) AS SFIOM ON MS DETAIL "A' ,; N.T.S. .,p, m, '^� ` < K'14� 9�+�' �• (BASIS OF SEARING) L - N84'A'NY 2110.2' (2 Mr GMO) G.P.S. "5G08" �� �14 FOND PUNCHED SPINE AND 1 1/2- -rym42 Wr Ms BRASS GAIMANS NAG FLUSH N AC PER C.R. 2001-126W. ACCEPIEO AS \ ,�. \ \ Yf0 POINT ON ONTRME O PAOFD /� N9M51'NN2 . \ \Y9 COAST 79.5%. N 2,185,12].0T2 I,6,001A,429.596 'ESE R N86'15'DYx \ .�! : , l� _N_66.OB'3 J�'Me �` • F• ?�'FI SURVEYOWS NOTES: iNRY6,''" AIR(Nm, FDurD Ra6mz ONDUDNG TES) AT -I- - OF mtm+'66•si•w � � ,•` �P°jY� 6; A9 NSRNCRON WIIFAHK OF PACME WART HWMITAY AND-`E`MNS N55'IY.2'E j ('• \ \ �'1+ GF YGGND STREET, TFLRD STYE ". YNN MEET. "" STREET, RXTH RM 51REET RW SEVENN STREET (POINTS MD lES "STOTD 6Y CO1S11 _). US,AIRIDIm mxsTRucna "NIENNE OF a., DETAIL "B' �J^ (bffS49'18 LR?13&1.21' 1�i9 (FORMERLY DEAN AVENUE, Y.M. V.) TMIpXN -HERLNE NROISEGION 9Yf RJ AT "WIN STREET PER TES FUND (CMTRAI6 RE VOTES SIR - ]-9) AND IHRO'JUI YONUYWI3 "U" IN mN91 "N" N.T.S. FOUND MORNING ESTABIJSHEO AT RECORD DISTARM ($].BST F W OENTERME AT GORGIDFE O FIRST STREET µ0 NQ FEET SOUTHEAST IN OF SWMWSIERLY UNE OF PAOFlC WASTE HONWAY (OCEAN OF CWTDENE OF FIRST STREET DER CR. 2m1-1%iB. AVENUE PER M.M. 3/M) AND SGJRINESGE Y PROMNGAIWN O 1K NO MpIAENTATON EBSTS MONG TE NOD O WAY W CENRRU M O NORTANESRMY IRE O FIRST STREET, PER YWRTN' IN 1S5/260, DEEDS 123/K 123/N. NO G5 /Pm. Nl OF GavI. RE MDWMENIFD COAST MUWAT AS 6NUMR ON R2. NL THE - SHOW THEREON, WE USED M FSIAANH TE LOCATOR OF SAID OF15. EIUM UM 4ENTRNF OF 12M. DEEDS HDIDING OE1NEALYE LOCATE SW WEART OF INNINGION STNLET AS PARAGGI AND ROT SOUMWST OF GDITFAME OF PAUFlC C HXNMAY, NUANG FOUR MONUMENT AT NOYN 1/t OC91U OF 5£CTW 1N T. 6 1. R. 11 R (1,12) AND HUPNG REm1Y TAPERED tURVE (O-PA PER 123/98, DEEDS RECORD MAP AND DATA NOTE () INDICATES KDORD DATA AS ... [) -I REmRD AND WAkIWD DATA AS N01FD. RI NDI TES IM No, 1228E M.M. 693/2]-29. R2 -TES STATE OF CAIFOYMA UMSION OF NDIWYS MUTT OF WAY - YAP P25261. RJ NUC,NI4111DITNNM A,CAT 6 O NO. U NO. SIB-6 • REO4i0FEfD FEWWINRY 2WI 1M 8B& AS N81RUY"T N0. WMmNS321 O.R. ESTA"OSIED CENTERUNE O ORANGE AVENUE II"DNG RECORD RADIUS (350.W), FOUND MONUMENTS (SWW STAMPED LS 4955) AND EASTERLY TANGENT (20.00' PARALLEL AND SWIHNEST O GENTE63NE O ATANTA AVENUE) AS SHOWN ON R1. DATUM STATEMENT: COORDINATES SHOWN ARE BASED ON TR CAIFOWIA COOIORATE SYSTEM (CCS83). ZONE A IW NAD, (1" 35 EPOCH OCS GPI A"US1MENn. AIL DISTANCES SHOW ARE GROUND, UNNE55 OTERWISE NOTED. TO OBTAIN GOD DISTANCE MULTPY GROUND DISTANCE BY 0.9999ISW (SCAT£ FACTOR IS PRO.ECT SPECIFIC). BASIS OF BEARINGS 11E SEMMOS S10NN HEREON ARE BASED ON TE SEARING BETWEEN OCS HORIZONTAL CONTROL N STATIONS 'SOONR1' AND 'SOW BEING NOR 64'3&M' WEST, PER RECORDS ON TILE IN TK OTICE OF TK ORANGE COUNTY SURVEYOR. MONUMENT NOTES: 2' I.P. TAOED LS 6654 ON LEAD, TACK k RAC LS fi854 OR VIAL k NAG L.S. 66U OR E SkW STAMPED L.S. 66M TO BE SET AT ALL TRACT BOUNDARY COWERS WITHIN SIG DAYS AFTER ACCEPTANCE OF WPROVENENTS, UNLESS OTHERWISE NOTED. I' I.P. TAGGED LS 6654 OR LEAD, TACK E TAG L.S. 665,1 OR NAIL k TAG L.S. 6654 OR 8' SLAM STAMPED LS 6654 TO OF SST AT ALL WT GORNERs. WORN 90 DAYS AFTER ACCEPTANCE O IWROVFNENIS, ED. NOTING. ESTABLISHED INTERSECTION O UNLESS OTHERWISE NOTED, CLMAMA E RE ARANTA AVENUE AND 8' INN STAMPED LS RM ON LEAD. TACK k TAG LS. 6654 OR 1' I.P. MABNIA STREET PER WY iI 6. SESEET ION TAGGED LS. 6654 IN "AN TO BE SET AT AJ STREET CENTERLINE MONUMENT NT NOTES THE N0. 8686. SET PER POINTS O CONING WITNN 90 DAYS AFTER ACCEPTµ" O MONINENi HOLES. .0 DETNL IMPROEMENTS, UW ESS OTHERWSE NOTED. IEREOX AN AVENUE 0 INUCATES FOUND MONUMENT AS NOTED HEREON. Tw ki&92' INDICATES FOUND ORANGE COUNTY GIES CONTROL MONUMENT AS NOTED. WIN M2 MI - FOUND INN STAMPED 'OW OF H. B.', PER M. NO. 15549, N.M. 642/28-M 1 AND NS NO 2U10-1602 RS& 1EB/1-5 ACCEPTED AS INTERSECTON O CENKRLINE 30- ROAD RESFRVA110N FROM "DNGTON o� I BEACH COMPANY. C§ �S SEE ma zp 1 'SURVEYED ONTERUNE O 1HE LOS \ µmo IN 23/41.0 AS NDDEEDS ANOREANNW R2. �� b FOUND NOiMNG ESTMLSIFD BY o INTERSECAM PER SOB/44A O.R. NI - NDRTI ME RESWTON ND. 653. PER 506/41B. O.R. t-, DETAIL " N.T.S. NORMWFST CORNER O 259/213. DETESTA ED AT RECORD 05T,MCE (/851 PER259/213. DEEDS FRW B.G O 123/98, GEMS.FOUND SW STAMPED 'CALNANS' PER CIE m-,AIDS. GPS 5008. ACCEPTED AS PONT ON CENTERLINE O PAOFIC COAST HIGHWAY. 6=2• 65' IEID RFCORRD RADIUS (Y RIGHT OF FOR SURVEY OFFSET O O LW R-5T2A65'-z=�-- •- AN FROM IRI.T URBAN OF 12Y RIGHTED WAY, BEING µ OFFSET O 3QW' L-26aT7 '.- FROEI ftlONi O WAY O 123/91, "MIDGE (R^•5699.B5') AI 910YN ON AND IT. '• D TANGENT FPOA 6igA35HED µLSE MEST i 10 NORIN. DO W RID ESTABLISHED AT RECORD µGE (ISO') AND asTµCE (30.W) FROM . LSTABII9NFD POINT M NORTHEAST. PER 123/K DEEDS ESTABLISHED AT RECORD ANGLE (90') AND DISTANCE (RLW) FARMESTMLISED ANGLE POINT M NORTHEAST. PER 123/91. DEEDS OF ATANTA AVENUE AND HUNTNGTON STREET (SOUTH). 4 N2 - FOUND A CEN STAMPEDTERS '111 O H,B.', PER R.S. AD,AVE UE AND HU TINGT N STIES, \} NO�fl iM AS CENTERLINE INTERSECTION O ATANTA AVENUE AND HUNIINGT(IN STREET Y7 - FWNO PUNCHED g' STAMPED L5. ]816. OTRR. 10. 15549, M.N. 842/28-44. ACCEPIM AS CENTERLINEE µGEE PRINT. HUNWCTIN STREET. 1 \\ M4 - FOUND SAW STAMPED 'CMTRANS' PER C.R. 20GI-1160B. ACCEPTED AS CON NE NRFRSECTON O PACIEIC COAST HKNNAY AND O MNTNGTON STREET. M5 - TWO SAW STAMPED 'CMTR S' PER C.R. 200I-12608. ACCEPTED AS POINT ON CENTERLINE O PAOFC WAIT HIGHWAY. NW MB ED. NAIL AND TAG STAMPED LS 4t31 LOCATED ON MEDIAN PER TER. NO.. 13045, N.N. 628/16-4]. Z 8'd M] - FOUND SAN STAMPED 'CMiRANS' PER C.R. 20"-MM. ACCEPTED AS PONT i nON CONSIRUCTON CENIERUNE OF PACIFIC COAST ARCHWAY, LOCATED ON EXTENSOR OF ROADWAY FORMERLY KNOW AS DEEM AVENUE. i YB - SW SSTAMPED 'CMIRANS' PER C.R. 2001-12598. ACCEPTED AS Z CENTERUNE NTRSE0014 O CONSTRUCTON CENIERLRE OF PACIFIC COAST HIGHWAY, . ; (EXTENSION O ROADWAY FORMERLY WOW AS OREMI AVENUE) WIN FIRST STREET. Z °' M9 - FOUND 2' BRASS DISC STAMPED 'GAL DIVISION O HIGHWAYS' N STANDARD NE MO G-T, LOCAIEG AT 11 NORIHFASTERLY RIWT-GF-WAY OF PACIFIC WAIT = MGNWAY AT CENTERLINE O FIRST STREET, PER R.S. NO. 87-1049, R.S.& 117/21-22. Zr M10 - FOUND BRISPNE, NO REF. ACCEPTED AS ECTW OF CENTERLINES 11 FIRST SHEAN WNET AND NUi AVENUE AS 9f01WN ON R.S, fl.S M0. 87-1049, R.SB. 12/21-22. MIT - FOND SAW STAMPED'LS 4955'. PER THE TIES FOR TRACT NO. 122K FILM AS OTY O HUNTNGTON BEACH GE N0. 6666. M12 - FOUND SW STAMPED L.S. 405. PER R.S. NO, 2000-1602, R.SB. 1M/1-& ACGEPTED AS NORTH 1/4 RDRNER O SEC1ION 1l, T. B S., R. 11 W„ Y.4. 51 /14. ANO INTERSECICN O CEN"/4 C OF AT.ANTA AVENUE AID SM' MOAD F6GNT O WAY PER 123/96 DEEDS (ABANDONED). Y13 - EWND SlW STAMPED Y.S 4955', PER /NE TIES FOR TRACT N0. 1226& FILM AS OTY O HUNTNCTON BEACH RE NO. IIW7. CENTERLINE O HWTNGRON STREET. \\ • (BASIS OF BEARING) A �NWt5IYW 15&BO N64.36Y4Y1 21 72 2Na86'GRO) V _ •truer ESTABLISHED AT KGG D "STANCE (18&2� % . 5o3TQ0 FROM MOLE POINT IN R/W OF123/96, DEEDS PER '23191, DEEDS y ESTMUSHM CENIERUNE OF 123/% DENTS, PARALLEL AND ]O.W' SOUTHWEST O CENRERME O PACIFIC COAST HGHWAY. Kry`�29� C4NTRINE O PACIFIC COAST ARCHWAY G.P.S. "SW9R1" \ FOND SSW \ STAMPED TAITRMIS', FLUSH PER GR. M".N 2,IBM,Nt.940 E 6=61 S162 4 SHEET S OF B $NEU$ SCALE r.6O 3 NUMBERED LOTS 616 UNITS, RESIDENTIAL CONDOMINIUM ON LOT 1 GROSS ACREAGE 34,165 NET ACREAGE 27708 (ALL OF TENTATIVE TRACT NO. 163M IN TRACT NO. 16338 IN THE CITY OF HUNTIN©TON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA HU14SAKER AND ASSOCIATES IRVINE, INC" RORY S MLLIAM% LS. 8064 DATE OF SURVEY: OCTOBER 2004 / LOT 1 EASEMENT DETAIL SHEET OE a Ir%9 a xsrrearw G ///// !/ 17.728 IG F b�8' /,`� J !' ' '! // � ' NAL'19'St•W IVN. 1 \Abe J y� \ 4`JkljrY / DETAIL 'LA' "re�nep" DETAIL V ALS L pzrmrosN '— R=z''sioo• }r� f--xe9psorw w>s'— mx2°se'ar V;gel I g«I 21- C D G DISTM Carrimm mBI�B�� B�FBr"F9BFS'7BiG&ii B'©BrZIll1.'aBf?'Er13BRdF7 a p�',,Sg�.'gfl. � Bl�ESCY'9BlES'7B�ID BL7F'giGF�BFk��1BGG'd.R9 BB©B!6�f57BiT'a BI�E'S,[Y'9BBRi:•9BB[IESJ �BaBGT>r�a p ® m��i B'�L?LTSS�own Bi.T57BBL1ffJ ® ,',,,`. Tm mmmm ®Si mKSIMFR *TZ71111 Elm B�CIY>Fi.7�f"1BSkii SHE y iE?7i27Bii�l ©��BifT�3 �Fi "�Bfk76'7B:i?I31 tmmmlmnm INFXFA mffmw7 iBiVxSE'.�9BiEC7 BL7B�B1�.'7BB39 lllmxv mxs•n'ar R=s.Lo' i=zosr $ c WT.& DETAIL 'N' , 'To aP- N.T.S. 2'•.3. .� \ 1 II sl gJ�r �j1jj',� D ,wz•sroz'ci `..-L,�c;6q�E_�«" �R"�j RRD PRG ':N11. RAO brc� DETAIL "O' 3\\ \\ ��£ �'��'•. NR941 �6•WJ JAI I 411 F-f' f laloJij C III �l1 g^�111 ma V .Sm SHEET SHEETS TRACT NO 16338 3SCALE-' T-W - NUMBERED LOTS • 3 --p aw�K; 616 UNITS, RESIDE CONDOMINRAA ON LOi 1 NTIAL IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,---'e�` ACO APCC ` s=mYW' ' GROSS ACREAGE 34.166 STATE OF CALIFORNIANET 27709 (ALLOF TTEENTA TRACT NO.163M HUNSAKER AND ASSOCIATES IRVINE. INC. PACIFIC COAST HIGHWAY •o~� " x��'� x RORY & MUWAA L.& 6664 DATE OF SURVEY: OCTOBER 2004 S LOTS 2 AND 3 EASEMENT DETAIL SHEET DETAIL N.T.S. C-. _ A,.,."- 11.3.2p• x1z•u'srp x4rzi'WSv izzzr" - "- - tri5•IP'14' / F • N4r• - _ R0.,T > _ Nd -. � "-�tzl.l5 ' � • �� I ; 3p'W'E 1.W' _- -- - _ . ... __ __ nK'w59_w N4.]o' - __>_-.-.R C r•-' e.i•�wr " M12R3.W Pa attLE TAB- uxE TAd£ _ Ix A .A. oELra p m irNcm LxE eDwac LENcm '� �'� B ^o-.xi u ',• ,1mru ess LI > rs •zv , Ls I NNp'JB'arE 1 z).W' z --- MATCH LINE CIG f• r , �,'b�L C1'90'1]^x 291.6V U, , 4 4z , l �'t K.�b. x�4ros'os'E C 0; ,1AW%.%' qpY ��n. Y.-.-N.W.. 1{, ),' I a CIS 4'&32 %. I.n �tx �� w r 8{V•\� _ _ I;awl am Y 3 ' — c1sxzs,7WE 7.w1 2 .A A--- - - � • ti-iT � _ t.� N25•44411 r fh C Pao :! r ,r. 2 lobx 4'�E'�'yd�eb$; ••.,". _ ._ x".ir_.WR..A%D.. 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WW4n 11 ' ATTACHMENT #6ii SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND MAKALLON ATLANTA HUNTINGTON BEACH, LLC FOR TRACT NO.16338 THIS AGREEMENT ("Agreement") is entered into this D day of j�( Lt S % 2007, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and MAKALLON ATLANTA HUNTINGTON BEACH, LLC, a Delaware limited liability company, 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. 16338; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. 07-1116/12809 1 NOW, THEREFOR, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, 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; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all 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 the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, or such later time as approved by the City Engineer, not to exceed thirty-six (36) months from the recording of the final map, unless a further extension is granted by the City Council, or the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements; provided, however, CITY will not withhold occupancy permits if SUBDIVIDER is in compliance with the construction phasing of such improvements as set forth in the conditions of approval for Tentative Tract Map No. 16338 / Conditional Use Permit No. 02-20 with Special Permits / Coastal Development Permit No. 02-12 (Pacific City Mixed Use Project) 07-1116/12809 2 dated June 9, 2004, and City Council Approved Findings and Conditions of Approval for Pacific City Project (Tentative Tract Map No. 16338 / Conditional Use Permit No 02-20 / Special Permit No. 02-04 / Coastal Development Permit No. 02-12 / Master Plan - - Pacific City Mixed Use Project) dated June 14, 2004. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision 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 obligations 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. This plant -establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant -establishment work shall be performed for a period of one (1) year from and after the date 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 herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during 07-1116/12809 3 the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER'S failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: 07-1116/12809 4 For performance security, in the amount of Two Million Three Hundred Forty -Seven Thousand Three Hundred Dollars ($2,347,300.00), which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of - Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) 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 One Million One Hundred Seventy -Three Thousand Six Hundred Fifty Dollars ($1,173,650.00), which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. 07-1116/12809 5 bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. If CITY'S acceptance of the improvements is phased, SUBDIVIDER may apply to CITY for similarly phased reductions in the amount of the bond or other security given in satisfaction of this condition. 10. INDEMNIFICATION. DEFENSE. HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) 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 nonnegligent) of subdivider 'or any of its agents or contractors 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. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall reasonably approve selection of SUBDIVIDER'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in 07-1116/12809 6 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 defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, 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 One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be iio less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. The abovementioned insurance shall not contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 07-1116112809 7 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand a copy of the policy of insurance. SUBDIVIDER shall pay. in a prompt and timely manner, the premium on all insurance hereinabove required. 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, each in accordance with the terms of this agreement, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work as provided for in this Section, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 07-1116/12809 8 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 15. CONSENT TO SUBDIVIDER: When CITY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 07-1116/12809 9 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 07-1116/ 12809 10 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 07-1116/12809 11 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 07-1116/12809 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDIVIDER, MAKALLON ATLANTA HUNTINGTON BEACH, LLC, a Delaware limited liability company By: MICri�`-L Gkkv0t--7- print name49;� ITS: (circle one) Chairman/Presiden AND By: 'l I�oVSIAS S, IC,��-' print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer 07-1116/12809 13 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: City rieef REVIE el)�APPROVED: ity Admstrator le APPROVED AS TO FORM: 1 L 15 City Attorney �I STATE OF CALIFORNIA ss. COUNTY OF ORANGE On August 15, 2007 before me, Pilar Solano, Notary Public, personally appeared Michael Gagnet and Douglas S. Kiel , personally known to me basis of s isf t fy evidence) to be the person(s) whose name(s) i-s/are subscribed to the within instrument and acknowledged to me that leshe/they executed the same in his/hef/their authorized capacity(ies), 'and that by his4wr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) .. ,08-97-07 10:08 FROM-DLD INSURANCE BROKERS, INC. +19492211797 T-316 ACCRD, CERTIFICATE OF LIABILITY INSURANCE RODUCER THIS CERTIFICATE IS ISSUED AS A MA ONLY AND CONFERS NO RIGHTS UPOI P.02/09 F-237 I DATEIMMIDUN YY) I •L0. Insurance 13ror" , nc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ic#0025325 ALTER THE COVERAGE AFFORDED BY THE POLICIES SI=LOW. 7712 Mitchell North vine, CA 92614 INSURERS AFFORDING COVERAGE. NAIC # NSURF.D Makallon Atlanta Huntington Beach, LLC INSURERA. Lexington Insurance Com ri Makar Properties, L LC IasunR e- Everest National Ins. Co. 4100 Mac Arthur Blvd INSURER c- Ins. Co. State of Pennsylvania Suite 200 Newport Beach, CA 92660 1 INSURER R. E; tnv=0Af-- =c THE POLICIES OF INSURANCE LISTF-0 SEi.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DE5CRISF-0 HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF Such POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. UM TYPE OF IN§gMtIQF POLICY NUMBER �POL ICY EFF 1JLP6tA170l1 r L1MITS >t GMERAL "MIL Y X coMMERCIAI Gs NERAL LIABILITY CIAIMSMADe OCCUR - 6761160 1117/2007 1/17/2012 EACh OCCURRENCE ; 2,000,0 PREM ° S EXCLUDE MEDW A61_TUW!2a) ; EXCLUDEq PERSONAL- & ARV IWRY S 2000100 GENERAL AGGREGATE $ 2,000,00 &EN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOc PRODUCTS - COMPIQP AGG ; 2,000,00 AUTOMOG" LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HNIED AUTOS NqN-PLANER Au703 APPR40VED A TO F 41�FEW RAT , )ty Attorn yV7 °7 COMBINED SINGLE LANT tEe a=°m) S BQRIi-Y INJURY 1Parpo 0 ) (per aacwwl)RY $ PROPERTY DAMAGE 1Per acclaernl GARAGELlAI31tITY ANY AUTO AUTO ONLY- EAACCIRENT OTHER THAN EAACC AUTO ONLY- AGG ; ; B EXCEMUMBFiELLA LLABILJTY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ NIL. 71 R2000114071 1/17/2007 1/17/2012 EACH OCCURRENCE $ 10,000,0 AGGREGATE 10,000, ;w $ S WORKERS COMPS MMON AM EMPLOYERS' L "N.ITY ANY PROPRik7ORfPARTNffW--xECuTIVE OFFICElRIMEMBER EXCLUMD? x yaS dam" wmw SPECIAL PROVISIO - - WC A u- tr E.L. EACH ACCIDENT Is E.L. DISEASE -CA EWLOYE $ E-L DISEASE -. POLICY LmT I s C A aRWR cess Liability/ Umbrella App cuss Uablllty Umbrella App 7275249 6761489 1/17/2007 1/17/2007 JM712012 1/17/2012 Exce"LWIlty S1Q,090, 15xcmm 1.01911ty i ,AQG,GG DESCRIPTION OF OPERATIONS I LOCATIONS I VR fIC= I EXCLUSIONS ADDEO BY 9NUORSEMENT i SPEGAI. pWMSgM .erdflcate Holder is additional insured with regards to the Pacific City project in Huntington Beach, CA. The City of Huntington Beach, its aunts, officers and employees the Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- SHOULD ANY OF THE ABOVE DE3cliftO POLICIES DE cANcP4ZO BEFORE TW EXPIRA11ON GATE iHERWF, THE OWING INSURER WRLI_ ENBEkYdO MAIL 39BAYS WRITTEN NOTICE TO THE WMICATE HOLDER NAMED TO THE LEFT, ALITHOWED REPRESENTATIVE ACORD 26 (2001/06) �1 ACORD CORl90RATiON 788$ 08-07-07 10:08 FROM -OLD INSURANCE BROKERS, INC. +19492211797 T-316 P.03/09 F-237 IMPORTANT If the certificate holder is an ADDITi0NA1- INSURED, the poficy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). If SUBROGATION IS WAiVEp, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certifroate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon_ (2001M) 08707-07 10:08 FROM-DLD INSURANCE BROKERS, INC. +19492211797 T-316 P.04/09 F-237 POLICY NUMBER 6761160 COMMERCIAL 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: The City of Huntington Beach, its agents, officers and employees The Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Pacific City, Huntington Beach, CA (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 11) is amended to include as an insured person or organization shown in the Schedule, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1185 MAKARPR-01 SAUR 14CQRD CERTIFICATE OF LIABILITY INSURANCE *� DA,E(7120IYYYY) sm2oo7 IDUCER -D. Insurance Brokers, Inc. #0DZ5325 #G Mitchell North THIS CERTIFICATE IS ISSUED AS A'MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ne, CA 92614 INSURERS AFFORDING COVERAGE NAIC # IRED Makallon Atlanta Huntington Beach ,LLC INSURER A. Federal Insurance Co. Makar Properties, LLC INSURER B: Everest National Ins. Co. 4100 MacArthur Blvd. #200 Newport Beach, CA 92660 7080 INSURER C: INSURER D: INSURER E VERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDWQ POLICY EXPIRATIONSURA DATE (MMIDOWn LIMITS ... . GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea fence} $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED EXP (Any are person) _ $ PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GENLAGGREGATELJMITAPPLIES PEP, PRODUCTS-COMP/OP AGO S POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ $1,000,000 ANYAUrO 73510740 2/15/2007 2115/2008 Maaccldew) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per�sm) BODILY INJURY $ X HIRED AUTOS x NON-OWNEDAUTOS AS FO (P���) MVE 7 / [ PROPERTY DAMAGE s (U (Pm acddeM) GARAGE LIABILITY J-m-41-4 Ir r-K IVIC"Kii I ti, k'Ity Ruomey AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND I WCS X YLIMITT'S O R EMPLOYERS' LIABILITY CA20010536061 8/12/2006 8/1212007 E.L EACH ACCIDENT $ 1,000,00 ANY PAPROPRIETORIPA��� ECUTIVE E.LDISEASE -EAEMPLOY S 1.000,00 11 yyes, describe ur�dar SPECIALPROVISION$below I E.LDISEASE -POLICY LIMIT I S 1,000,00 OTHER RIPTION OF OPERATIONS I LOCATIONS I VEHICLES1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS pacific City; The City of Huntington Beach, its agents, officers and employees and the Redevelopment Agency of the City of Huntington h are named as Additional Insureds. The City of Huntington Beach, Its agents, officers and employees and The Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648- RD 26 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL En BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLX0b1*XiI)f)1MAR. -30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B REPRESENTATIVEAUTHOREZED MARFUlIrm-ul bAUK IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. IRD 26 (2001108) ATTACHMENT #7.] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Recorded in Official Records Orange County Tom Daly Clerk Recorder IIIlillllllllllllllllllllllllillllillllllllllllllllllllllllllllllllllllllll NO FEE 200700058843010 36am 09128107 227 160 E01 15 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 [Space above this line for Recorder a use 1 his document is exempt from recording fees pursuant to C ovcrnment Code Section 6103 SPECIAL. UTILITY EASEMENT AGREEMENT This Special Utility Easement Agreement ("Agreement's is made by and between MAKALLON ATLANTA HUNTINGTON BEACH LLC a Delaware limited liability company ("Grantor's and the City of Huntington Beach, a municipal corporation of the State of California ("Grantee" or "City', with reference to the following facts A Grantor is the owner of that certain real property situated in the City of Huntington Beach County of Orange State of California described more particularly as follows ("Burdened Property' Lots 1 to 3, inclusive of Tract No 16338 as shown on a Subdivision Map recorded in Book$Q, Pages ; through jAo inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder Grantor intends to encumber Lots 2 and 3 of the Burdened Property with a commercial declaration of covenants conditions, restrictions, and reservation of easements (the "Commercial Declaration's Pursuant to the Commercial Declaration Grantor shall form or cause to be formed the Pacific City Master Commercial Association (the "Master Commercial Assoczatzon'� to which Grantor shall assign certain of its rights and obligations herein relating to Lots 2 and 3 and certain areas within the public right of way including, but not limited to portions of Pacific View Avenue Grantor also intends to encumber Lot 1 of the Burdened Property with a residential master declaration of covenants, conditions restrictions, and reservation of easements (the "Residential Declaration') Pursuant to the Residential Declaration Grantor shall form or cause to be formed the Pacific City Master Residential Association (the "Master Residential Association') to which Grantor shall assign certain of its rights and obligations herein relating to Lot 1 and which shall be required to undertake any -1- 5601 41829\MISC\ 684592 7 8/14/07 obligations herein that the Master Commercial Association fails to perform pursuant to the terms of this Agreement B City desires perpetual, nonexclusive easements and rights of way over the Burdened Property for access, ingress and egress, construction installation, operation maintenance, repair improvement relocation and replacement of a pipeline or pipelines with incidental ordinary and necessary appurtenances and connection(s) structures for the transmission and delivery of water, or reclaimed water including but not limited to, manholes, measuring devices, air valves, blow -offs, stations, standpipes, fire hydrants and service connection structures appurtenant to said pipeline or pipelines which structures may extend above the surface of the ground (collectively, the "Facihties'� for the purpose of a water transmission and delivery line or lines ("Utthty Purposes') C This Agreement, including the easements granted herein, is being executed and delivered by Grantor and City to provide a public utility easement and access thereto over a portion of the Burdened Property shown on Exhibit A (attached hereto and incorporated by this reference) for the benefit of all real property shown on the final map for Tract No 16338 and other real property in the City NOW THEREFORE, for valuable consideration, the receipt of which each of the parties hereto does hereby acknowledge the parties hereto do hereby agree as follows 1 _Grant of Utility Easement Subject to the provisions of this Agreement Grantor hereby grants to City a nonexclusive irrevocable easement for access, ingress and egress construction, installation operation maintenance, repair, improvement relocation and replacement of the Facilities in over and under the portion of the Burdened Property shown on Exhibit A ("Utalaty Easement Area's for Utility Purposes (the "Uhhty Easement') together with the right to enter and traverse upon other land of Grantor, as reasonably necessary, in order to obtain access to the Utility Easement Area and to deposit tools, implements and materials thereon and to prevent any buildings or other structures from being placed on the Burdened Property that would unreasonably interfere with City's access to or use of the Utility Easement Area without City s consent except as hereinafter provided City and Grantor understand and agree that sometime after recordation of the final map for Tract No 16338 Exhibit A may be amended by City and Grantor The Utility Easement Area shall be a minimum total width of 10 feet clear (5 feet either side and beyond the end of the water pipeline or appurtenance) of unobstructed paved or landscaped surface pursuant to City Utilities Division standards Where access 1s restricted or impacted by structures, walls or curbs, the Utility Easement Area shall be a minimum width of 20 feet to allow for access and maintenance operations pursuant to City Water Division standards No structures parking spaces trees curbs walls or sidewalks shall be allowed within the Utility Easement Area Utilities Division personnel shall have access to public water facilities and appurtenances at all times via knox box at any vehicular gated entry to the Utility Easement Area 2 Relocation of Utility Easement Grantor may request that City relocate, or allow Grantor to relocate all or a portion of the Utility Easement Area, and all or a -2- 5601 41829\MISC\ 684592 7 8/14/07 portion of the Facilities located therein (collectively the "Relocated Utility Facalities'�, to a functionally equivalent alternate location within the Burdened Property approved by City The Relocated Utility Facilities shall be constructed and installed in a good and professional manner at no cost to City, and meet the requirements of all applicable laws regulations codes, ordinances and orders of any governmental or other regulatory entity, including without limitation any additional requirements requested by City The course and/or location of the Relocated Utility Facilities shall be approved by City, and Grantor shall grant to City a new easement for the Relocated Utility Facilities (the "Relocated Utility Easement's in the course and/or location so approved by City The terms and conditions of this Agreement shall apply to the Relocated Utility Easement, and the form of the Relocated Utility Easement shall be reasonably satisfactory to City Upon the acceptance of the Relocated Utility Easement by the City, the Relocated Utility Easement shall be recorded in the official records of the County 3 Limitation on Use City acknowledges that the Utility Easement granted herein is nonexclusive City agrees that the use of the Utility Easement granted herein shall not impede work (a) required to be performed by a private or public utility company to repair or maintain any functioning in -place utility facility located on the Burdened Property provided that Grantor shall use reasonable efforts to attempt to cause the utility to perform such work, at no additional cost to Grantor, in a manner that will not unreasonably interfere with the City s use of the Burdened Property or (b) by Grantor and successor owners as may reasonably be required for construction, installation, repair or maintenance of improvements on the Burdened Property Grantor, however, reserves the right to utilize the Burdened Property for any use consistent with (i) the development of the Burdened Property as part of a common interest planned development, (n) pedestrian and vehicular activities consistent with public use of the Burdened Property, and (in) private utility purposes that do not adversely affect the Facilities located in the Utility Easement Area including without limitation lines pipes, conduits manholes above ground markers and other convenient structures, equipment and fixtures so long as the location of private utilities shall meet the requirements of all applicable laws, regulations, codes ordinances and orders of any government or other regulatory entity and must be approved by Grantee Grantor shall not alter the grade surface or overhead conditions of the Utility Easement Area without prior written approval from City Grantor agrees that there shall be no less than twenty feet of clear vertical space immediately above the surface of the Utility Easement Area measured from finished ground level nor shall any trees be located within, or overhang onto, the Utility Easement Area 4 Term of Easement The easements granted in this Agreement shall commence on the date of recordation hereof and shall be perpetual, unless terminated in whole or in part in accordance with applicable law, or as provided in Section 2 The City, may, however terminate these easements at any time as to all or any portion of the Burdened Property by written notice to the Grantor 3 5601 41829\MISC\ 684592 7 9/14/07 5 Condition of the Burdened Property (a) Maintenance City agrees to maintain, or cause to be maintained, the Facilities located within the Utility Easement Area in good working order and condition consistent with the manner City maintains other City -owned utilities Grantor agrees to maintain, or cause to be maintained, the surface improvements on the Burdened Property including any enhanced paving landscaping and irrigation, in a neat and clean condition Except as specifically provided herein, City shall not be obligated to make any repairs, replacements or renewals of any kind, nature or description to the Burdened Property including the improvements at any time located on the Burdened Property In the event City, in exercise of its rights granted herein, is required to excavate, alter or otherwise remove all or a portion of any improvements located within the Utility Easement Area for maintenance, repair or replacement of the Facilities City agrees to restore, or cause the restoration of, such improvements to the condition existing prior to the performance of such work, which shall include without limitation, concrete, asphalt or other standard roadway surfaces In connection therewith, City shall not be responsible for restoring any landscaping imgation or enhanced treatment or paving that has been added to the Utility Easement Area including without limitation the use of cobblestone brick, tile and other similar treatments Grantor shall be responsible for the replacement of any such enhanced treatment if removed by City in the exercise of its rights under this Agreement Upon termination of the Utility Easement, or any portion thereof, City shall surrender use and possession of the Burdened Property or applicable portion thereof free and clear of any liens or encumbrances relating to or ansing in connection with the use of the Burdened Property by reason of the Utility Easement City shall not permit any claim, lien or other encumbrance ansing from its use of the Utility Easement Area to accrue against or attach to said easement and right of way or the interest of Grantor in the land in, on and under which said easement is granted (b) Additional Maintenance- City Required Provision Grantor shall repair, replace and restore, at its sole cost and expense, any enhanced pavement surface treatment constructed per the improvement plans approved by the City that may be affected by maintenance and/or repair of public water facilities (i e pipelines, meters, fire hydrants, valves meter boxes, vaults, appurtenances, etc ) performed by the City in the Utility Easement Area or in Pacific View Avenue, as described on Exhibit A The City shall have no obligation for maintenance, repair, or replacement of enhanced pavement treatments resulting from City maintenance and repair to public water improvements and appurtenances located within the Utility Easement Area and Pacific View Avenue 6 Assignment and Release Upon recordation of the Residential Declaration, all of Grantor s rights and obligations with respect to Lot 1 of Tract No 16338, which shall be described in the Residential Declaration shall be automatically assigned to and assumed by the Master Residential Association Upon recordation of the Commercial Declaration, all of Grantor s rights and obligations with respect to Lots 2 and 3 of Tract No 16338 and all remaining rights and obligations hereunder, which shall be described in the Commercial Declaration, shall be automatically assigned to and -4 5601 41829\MISC\ 684592 7 8/14/07 assumed by the Master Commercial Association Grantor shall cause the Master Residential Association and Master Commercial Association to expressly ratify the assumption of Grantor s rights and obligations hereunder in a recorded cost sharing and reciprocal easement agreement ("Mutual Benefit Agreement') between the Master Commercial Association and the Master Residential Association City understands and agrees that subject to City approval, the Master Commercial Association and Master Residential Association shall enter into the Mutual Benefit Agreement wherein (i) the Master Residential Association shall perform that portion of Grantor s obligations hereunder with respect to portions of the Utility Easement Area located on Lot 1 of Tract 16338, and (n) the Master Commercial Association shall perform that portion of Grantor s obligations hereunder with respect to portions of the Utility Easement Area located on Lots 2 and 3 of Tract 16338 and Pacific View Avenue Under the Mutual Benefit Agreement, the Master Residential Association shall be obligated to perform any obligations assigned to the Master Commercial Association if the Master Commercial Association fails to perform such obligations, and vice versa Upon assignment of its rights and obligations to the Master Residential Association and Master Commercial Association, Grantor shall be automatically released from any further obligations hereunder Notwithstanding the above, the assignments contemplated in this Section are conditioned upon City approval of the Residential Declaration and the Commercial Declaration 7 Indemnification (a) Indemnity —Utility Easement City shall indemnify defend and hold Grantor its officers, directors, shareholders, members employees agents successors and assigns (including, but not limited to, the Master Commercial Association and Master Residential Association upon assignment of Grantor s rights and obligations hereunder) (hereinafter collectively called "Indemnified Partaes'� harmless from all liabilities, penalties costs, damages expenses causes of action claims orjudgments (including without limitation reasonable attorneys fees) (collectively `Indemnified Claims'% resulting from (1) injury or the death of any person (including without limitation any Indemnified Party) or physical damage to property real or personal, of any kind wherever located and by whomever owned (including, without limitation, property owned by an Indemnified Party) which injury death or physical damage arises out of or is connected with City s (or City s officers employees agents contractors licensees, or invitees) use or occupancy of any of the Burdened Property under the authority of the Utility Easement, except to the extent that such Indemnified Claims are caused by the negligence or willful wrongful acts or omissions of any Indemnified Party and (n) the use, generation processing production, packaging, treatment storage, emission discharge or disposal of Hazardous Materials (as that term is defined herembelow) on or about the Burdened Property by City its agents employees, contractors, invitees or licensees in connection with the exercise of City's rights under the Utility Easement For purposes of this Section 7, the term "Hazardous Materials" shall mean any substance, material or waste that, because of its quantity concentration, or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment, including but not limited to petroleum petroleum -based products, 5 5601 41829\MISC\ 684592 7 8/14/07 natural gas or any substance material, or waste that is or shall be listed, regulated or defined by federal state of local statute regulation, rule, ordinance or other governmental requirement to be hazardous acutely hazardous extremely hazardous, toxic, radioactive, biohazardous, infectious, or otherwise dangerous (b) Notice Grantor agrees to give prompt notice to City with respect to any Indemnified Claims initiated or threatened against Grantor at the address for notices to City set forth herein City shall at its option but subject to the reasonable consent and approval of Grantor, be entitled to control the defense compromise or settlement of any such matter through counsel of City s own choice, provided, however, that in all cases Grantor shall be entitled to participate in such defense compromise or settlement at its own expense 8 Litigation Expenses (a) General If either party hereto brings an action or proceeding (including any cross complaint, counterclaim, or third party claim) against the other party by reason of a default, or otherwise arising out of this Agreement the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including but not limited to reasonable attorneys fees, which shall be payable whether or not such action is prosecuted to judgment "Prevailing Party" within the meaning of this Section 8 shall include without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached or consideration substantially equal to the relief sought in the action (b) Appeal Attorneys fees under this Section 8 shall include attorneys fees on any appeal, and in addition a party entitled to attorneys fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action (c) Alternative Dispute Resolution City and Declarant by mutual agreement may but are not required to submit any factual or other (to the extent City is not prohibited by law or otherwise from doing so) dispute arising under this Agreement to non binding arbitration, mediation judicial reference or other alternate dispute resolution mechanism ("ADR' of non judicial dispute resolution The party requesting ADR shall give written notice of its request, specifying the requested ADR procedure, to the other parties, who shall notify the requesting parties of its agreement or refusal to proceed within a reasonable time after receipt of the requesting notice If the parties agree to proceed they shall select a mutually acceptable individual with qualifications appropriate to the subject matter of the dispute, to conduct the designated ADR or, if the parties cannot agree on such individual they shall submit the dispute for the applicable ADR to a commercial ADR service In all events, the proceedings shall be conducted only in a manner acceptable to both parties The parties may enter into operating memoranda from time to time to establish procedures for the initiation and conduct of such ADR mechanisms -6- 5601 41829\MISC\ 684592 7 8/14/07 9 Time Time is of the essence of this Agreement and each and every part hereof 10 Easements Appurtenant Each of the easements granted or reserved herein shall be appurtenant to, and shall pass with title to, the properties benefited or burdened thereby Each of the covenants set forth in this Agreement, including without limitation the obligation of City to indemnify Grantor pursuant to Section 7 of this Agreement (i) shall run with the land, (n) shall be binding upon, and shall inure to the benefit of any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity s ownership, and all of their respective successive owners and assigns, and (in) shall be binding upon and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein 11 Amendment This Agreement may be amended or otherwise modified only in writing signed and acknowledged by Grantor and City Council or the successors and assigns of each subject to the provisions of Section 13 hereof 12 Delegation of Authority City hereby delegates to City Administrator or his or her designee the authority to implement all provisions of this Agreement 13 Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns (except as otherwise specifically provided in Section 14 below), including without limitation all grantees and other successors -in -interest of Grantor in any of the Burdened Property 14 Exclusive Benefit of Parties The provisions of this Agreement are for the exclusive benefit of Grantor and City and their successors and assigns subject to the provisions hereof, and not for the benefit of nor give rise to any claim or cause of action by any other person, and this Agreement shall not be deemed to have conferred any rights upon any person except Grantor and City Nothing herein shall be deemed a dedication of any portion of the Burdened Property to or for the benefit of the general public The easements herein granted are in gross and for the personal benefit solely of City 15 Govermng Law This Agreement shall be governed by and construed in accordance with the laws of the State of California 16 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be entitled to be the original and all of which shall constitute one and the same agreement 17 References, Titles Wherever in this Agreement the context requires, reference to the singular shall be deemed to include the plural Titles of sections and paragraphs are for convenience only and neither limit nor amplify the provisions of this Agreement -7- 5601 41829\M1SC\ 684592 7 8/ 14/07 18 Notice Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial courier or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid to the mailing address listed below or any other address notice of which is given For the convenience of the parties, copies of notices may also be given by telefacsimile, to the telephone number listed below or such other numbers as may be provided from time to time Grantor Makallon Atlanta Huntington Beach LLC 4100 MacArthur Boulevard, Suite 200 Newport Beach CA 92660 Attn Project Manager Telefacsimile (949) 255-1128 For City Director of Public Works 2000 Main Street Huntington Beach, CA 92648 Telefacsimile (714) 536 1573 City Administrator 2000 Main Street Huntington Beach CA 92648 Telefacsimile (714) 536-1573 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change All notices under this Agreement shall be deemed given, received made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt A person may not give official or binding notice by telefacsimile The effective time of a notice shall not be affected by the receipt, prior to receipt of the original or a telefacsimile copy of the notice 19 Severability If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law 20 Entire Agreement This Agreement, together with any attachments hereto or inclusions by reference, constitute the entire agreement between the parties on the subject matter hereof and this Agreement supersedes and cancels any and all previous negotiations arrangements, agreements and understandings, if any, between the parties hereto with respect to the easements which are the subject matter of this Agreement 8- 5601 41829\MISC\ 684592 7 8/14/07 21 Compliance With Laws City, at City s expense, shall comply with all laws statutes ordinances, rules and regulations of federal state and local authorities (including without limitation, City itself) having jurisdiction over the Burdened Property, now in force or hereafter adopted, with respect to the use by City of the Burdened Property under the authority of the easements herein granted 22 Survival All representations, warranties waivers and indemnities given or made hereunder shall survive termination of this Agreement [Signatures on Following Pages] 9 5601 41829\MISC\ 684592 7 8/14/07 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on August 20 2007 CITY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California �r Q4a or ATTEST City ler P(PURROVED SUANT TO RESOLUT NO 2003 29) AS TO FORM P City Atto y */� REVIEWED AND APPROVED Amu,::o Director of ublic Works,6aA.*1,vjEe d6 10- 5601 41829\MISC\ 684592 7 8/14/07 GRANTOR MAKALLON ATLANTA HUNTINGTON BEACH LLC a Delaware limited liability company -11 By Makar Properties, LLC, a Delaware limited liability company an Authorized Member By Name W CAACt LA0031E;i' Title GAP bUICWWAfp By Name Douglas S Kiel opmmm—s and MI, Title 5601 41829\MISC\ 684592 7 8/14/07 CALIFORNIA•ACKNOWLEDGMENT .aa � .'a _�..:.a .ss. _w ..�..cs. ..aa .+�. ..AC.T .��..� ..�..� a...as. _� ..� .cam ..a..s� ..�...� ..� ..� .A..a ,A._� _�... ..a�t_s� w..v.,...s�.,�..s��,.�:�..•.�..T. _sue. ,.sa. State of California County of ( �i4�'CJCg On olA -� Dale personally appeared before me / �—�-r >`r�! I Neme and Title of Officer (e g JeOe D P L ESPAR7A 10my Commission # 1599179 Notary Public California Orange County Comm Expires Aug 4 2009 Place Notary Seal Above personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand a d official seal Signature Signature of Notary lic 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 Description of Attached Documen Title or Type of Document %9-L. 6&7Z_/ z;y Document Date 0 �f�� / O2� :7— Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing RIGHTTHUMSPRINT OF SIGNER Signers Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing RIGHTTHUMBPRINT . OF SIGNER .. of thumb here 0 2006 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth CA 91313 2402 Item No 5907 v609 Reorder Call Tall Free 1 800 876 6827 STATE OF CALIFORNIA COUNTY OF & 1iG� On /'//S� /S` 20 before me, ✓i�i: Ui1��l� /�,rr' l t/ / (here insert name a d title of the of is i ) personally appeared personally known to in to be the person whose name is subscribed to the within instrument and acknowledged to me that he/sueexecuted the same in his r authorized capacity, and that by his,,/leer signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and official seal Signature (SEAL) STATE OF CALIFORNIA COUNTY OF On before me �6)/ ) "aoy (here insert name and title of the oft icer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument WITNESS my hand an fficial seal Signature f (SEAL) 12 5601 41829\MISC\ 684592 7 8/14/07 EXHIBIT A UTILITY EASEMENT AREA 5601 41829\MISC\ 684592 7 8/14/07 EXHIBIT "A„ UTILITY EASEMENT AREA PACIFIC CITY — HUNTINGTON REACH NOTE THI_ DEPICT1011 i TOP II LU�,TP TI`/E PU°PO E� NLY THE IS -BUILT rOHDITIMIk MIL °PEV^IL 's 1 co LEGEND UTILITY EASEMENT AREA ® PORTIONS OF PACIFIC VIEW AVENUE —v Lu uu cn DATE AUGUST 9 2007 ATTACHMENT #8LJJ Recorded in Official Records Orange County RECORDING REQUESTED BY Tom Daly Clerk Recorder AND WHEN RECORDED RETURN TO IIIIIII IIIIIIIIilllllllllllllllllllllllllllllll lllll lllllllllllllll llllllll NO FEE City clerk 200700058843110 36am 09128107 City of Huntington Beach 227 160 Al2 15 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 2000 Main Street Huntington Beach CA 92648 [Space above this line for Recorder s use Ihi, document i5 exempt from recording fees pursuant to Government C ode Section 6103 LICENSE AND MAINTENANCE AGREEMENT This License and Maintenance Agreement ("Agreement's is made by and between MAKALLON ATLANTA HUNTINGTON BEACH, LLC, a Delaware limited liability company ("Declarant') and the City of Huntington Beach, a municipal corporation of the State of California ("Cny'�, with reference to the following facts A Declarant is the owner of that certain real property situated in the City of Huntington Beach County of Orange ("County'), State of California, described more particularly as follows (the "Property') Lots 1 2 and 3 of Tract No 16338 as shown on a Subdivision Map recorded in Book", Pages _I through 1.1,, inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder Declarant intends to encumber Lots 2 and 3 of the Property with a commercial declaration of covenants conditions, restrictions, and reservation of easements (the "Commercial Declarataon'� Pursuant to the Commercial Declaration Declarant shall form or cause to be formed the Pacific City Master Commercial Association (the "Master Commercial Assoczation'� to which Declarant shall assign a portion of its rights and obligations herein Declarant also intends to encumber Lot 1 of the Property with a residential master declaration of covenants, conditions restrictions and reservation of easements (the "Residential Declaration") Pursuant to the Residential Declaration, Declarant shall form or cause to be formed the Pacific City Master Residential Association (the "Master Residential Associatlon'� to which Declarant shall also assign a portion of its rights and obligations herein B Pursuant to the (a) City Policies, Standard Plans and Code Requirements of the City of Huntington Beach Zoning and Subdivision Ordinance and Municipal Code (Tentative Tract Map No 16338/ Conditional Use Permit No 02 20 with Special Permits/ Coastal Development Permit No 02-12 (Pacific City Mixed Use Project)) dated June 9 2004 and (b) City Council Approved Findings and Conditions of Approval for Pacific City Project (Tentative Tract Map No 16338/ Conditional Use Permit No 02 20/ Special Permit No 02 04/ Coastal 5601 41829\AGRMT\ 685235 10 8/14/07 Development Permit No 02-12/ Master Plan - - Pacific City Mixed Use Project) dated June 14, 2004 (collectively, the "Conditions of Approval'), City desires to assign responsibility for the maintenance of certain areas within the Property and the immediate vicinity of the Property ("Maintenance Areas' as shown on Exhibit A (attached hereto and incorporated by this reference), and the costs associated therewith which include, but are not limited to the maintenance, repair and replacement of (a) the medians and landscaping within the medians adjacent to the Property on First Street Atlanta Avenue Huntington Street and Pacific View Avenue, (b) all enhanced or decorative paving adjacent to the Property at the intersections of First Street and Pacific Coast Highway, First Street and Atlanta Avenue and Pacific View Avenue and the residential loop road entrances, (c) the 2 03 acre park area in the Property ("Village Green Park' (d) the 0 14 acre park area in the Property at the intersection of 1 st Street and Atlantic Avenue, (e) pedestrian easements including the twenty foot pedestrian easement from Atlanta Avenue to Pacific Coast Highway, pedestrian easements from First Street and Huntington Street into the Property and the Pacific Coast Highway sidewalk, (f) sidewalks and parkway landscaping adjacent to the Property on First Street Atlanta Avenue, Huntington Street and Pacific View Avenue (g) Edison owned street lighting adjacent to the Property on First Street Atlanta Avenue, Huntington Street and Pacific View Avenue (h) street furniture adjacent to the Property within the public right of way and within the pedestrian easement corridors, (i) awnings and railings within the pedestrian easement corridors and adjacent to the Property within the public right of way, 0) the dry flow weather diversion and First Flush Water Runoff Treatment Control System and (k) the First Street Regional Treatment System (collectively, the "Maintenance Responsibilities' City also desires to assign responsibility for all costs associated with maintenance repair, replacement, and fees imposed by the County City, and Orange County Sanitation District for (1) pumping inspection, or other related fees for the dry flow weather diversion and First Flush Water Runoff Treatment Control System (2) 1/7th (one seventh) of the on -going annual operation and maintenance cost for the First Street Regional Treatment System, as further described in the Conditions of Approval and shown on Exhibit A (collectively, the "Water Treatment Costs' C Declarant and City desire to clarify and specifically delineate their respective obligations with respect to the Maintenance Responsibilities herein, and to provide for certain other covenants and restrictions that shall burden the Property NOW THEREFORE for valuable consideration the receipt of which each of the parties acknowledge the parties agree as follows 1 Grant of License Subject to the provisions of this Agreement, City grants to Declarant a non-exclusive revocable license (the "License') to perform the Maintenance Responsibilities over any portion of the Maintenance Areas owned by the City or within the City s public right of way 2 'Perin The term of this License shall be perpetual provided that City may terminate this License upon thirty (30) days written notice to Declarant In the event of any such terinmation, Declarant and its successors and assigns shall be obligated to restore the improvements on the Maintenance Areas subject to the License to a substantially similar condition as the time of their original installation and to satisfy all City requirements pertinent to restoration of the Maintenance Areas 2 5601 41829\AGRMT\ 685235 10 8/14/07 3 Maintenance Responsibilities During the term of this License Declarant agrees to perform the Maintenance Responsibilities on the Maintenance Areas Such maintenance shall include, but not be limited to, sidewalk cleaning trash cans trash disposal, signs, angled parking areas (i e , markings, street sweeping) located on Pacific View Avenue between First Street and Huntington Street, watering repairing and/or adjusting irrigation systems when failures occur fertilizing, cultivating edging, performing general planting and trimming or other corrective gardening, spraying grass and plants with both insecticides and herbicides and generally keeping the Maintenance Areas in a clean, safe and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area The growth of all plant materials shall not be allowed to grow, nor irrigation be allowed to spray across or onto any bicycle path, pedestrian walk or street nght-of-way from the edge of the curb/gutter to the center of any of the streets depicted on Exhibit A The Maintenance Areas shall be free from weeds, debris and harmful insects at all times All gardening and maintenance performed shall conform to the Best Management Practices and to the Arboricultural and Landscape Standards Specification, issued by the City s Department of Public Works Declarant agrees to maintain and keep the Maintenance Areas in good condition and repair, free and clear of litter and debris and free from any objectionable noises odors or nuisances and to comply with all health and police regulations in all respects at all times Declarant agrees to dispose of litter and debris only in receptacles designated by City 4 Plans and Specifications Declarant shall perform at its sole cost and expense any and all refurbishing to the Maintenance Areas as necessary to bring the Maintenance Areas into an operating condition, all in accordance with plans submitted by Declarant to City, which plans shall be subject to the prior written approval of City No changes, modifications or alterations may be made to the Maintenance Areas without the prior written consent of City 5 Dama2e to Maintenance Areas In the event any damage is caused to any pathways, sidewalks, curb gutter, street furniture street lights, medians, street or utilities as a result of the installation of landscaped material and/or the performance of the Maintenance Responsibilities on the Maintenance Areas, Declarant or its successors and assigns agree to repair same at their own expense 6 Mechanics' Lien Declarant agrees to use commercially reasonable efforts not to suffer any mechanics lien(s) to be filed against the Maintenance Areas by reason of any work, labor, services or material performed at or furnished to the Maintenance Areas, to City or to anyone holding the Maintenance Areas through or under this Agreement Declarant shall at its sole cost and expense cause any mechanics lien(s) which may be filed against the Maintenance Areas to be released or bonded or affirmatively insured within sixty (60) days after the date of filing of such mechanics' lien(s) Nothing in this Agreement shall be construed as a consent on the part of the City to subject the City s estate in any portion of the Maintenance Areas to any mechanics lien(s) or liability under the mechanics hen laws of the State of California 7 Utilities Declarant shall bear the expense of electricity and any other utility necessary to the operation of the Maintenance Areas pursuant to this License Declarant shall be responsible for using such utilities in a safe and hazardless manner, complying in all respects with applicable codes and ordinances 8 Village Green Park Declarant previously entered into a recorded Agreement Regarding Village Green Park Declarant hereby covenants that, to the extent permitted by law 3 5601 418291AGRMT\ 685235 10 8/14/07 Village Green Park shall remain a park open space area dedicated to public use and shall not be converted to private use by Declarant or any of Declarant s successors or assigns Declarant shall not attempt to convert Village Green Park to private use by erecting barriers, signs, or other improvements inconsistent with the intent of this Section or applicable Conditions of Approval and shall permit the City to erect signs on Village Green Park and other portions of the Property reserved for public use that identifies such areas as being open for public use and access 9 Assignment and Release Upon recordation of the Residential Declaration, all of Declarant s rights and obligations with respect to Lot 1 of Tract No 16338 which shall be described in the Residential Declaration shall be automatically assigned to and assumed by the Master Residential Association Upon recordation of the Commercial Declaration, all of Declarant s rights and obligations with respect to Lots 2 and 3 of Tract No 16338, and all remaining rights and obligations hereunder which shall be described in the Commercial Declaration shall be automatically assigned to and assumed by the Master Commercial Association Declarant shall cause the Master Residential Association and Master Commercial Association to expressly ratify the assumption of Declarant s rights and obligations hereunder in a recorded cost sharing and reciprocal easement agreement ("Mutual Benefit Agreement' between the Master Commercial Association and the Master Residential Association City understands and agrees that, subject to City approval the Master Commercial Association and Master Residential Association shall enter into the Mutual Benefit Agreement wherein (i) the Master Residential Association shall perform that portion of the Maintenance Responsibilities on Maintenance Areas located within Lot 1 of Tract 16338, and (n) the Master Commercial Association shall perform that portion of the Maintenance Responsibilities on Maintenance Areas located within Lots 2 and 3 of Tract 16338 and all remaining Maintenance Areas Under the Mutual Benefit Agreement, the Master Residential Association shall be obligated to perform any obligations assigned to the Master Commercial Association if the Master Commercial Association fails to perform such obligations, and vice versa Upon assignment of its rights and obligations to the Master Residential Association and Master Commercial Association, Declarant shall be automatically released from any further obligations hereunder To the extent both the Master Residential Association and the Master Commercial Association are required to perform Maintenance Responsibilities in the Maintenance Areas pursuant to the Mutual Benefit Agreement, City hereby agrees that the License created under this Agreement shall extend to both the Master Residential Association and the Master Commercial Association to the extent required to perform such Maintenance Responsibilities Notwithstanding the above, the assignments contemplated in this Section are conditioned upon City approval of the Residential Declaration and the Commercial Declaration 10 Assignment of License Subject to Section 9 above the License is personal to Declarant and is non assignable except as herein expressly provided Any attempt to assign this License, except as expressly authorized herein, automatically terminates this License Other than the License granted hereunder Declarant hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the portions of the Maintenance Areas affected by the License or out of Declarant s use or occupancy of such areas, whether now existing or arising at any future time This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein except that the assignment of this License to the Master Residential Association, Master Commercial Association or a similar organization having the same qualifications for membership and formed for the same purposes as a homeowners association, including an association comprised of owners of commercial 4 5601 41829\AGRMT[ 69523510 8/14/07 condominiums, shall be deemed to be a valid assignment Declarant shall give notice in writing to City of each such assignment 11 City Requirements Declarant, or anyone performing work on behalf of Declarant, shall be properly licensed by City for any work performed on the Maintenance Areas Furthermore, Declarant or anyone performing work on behalf of Declarant, shall acquire the proper encroachment permit and comply with all other City requirements prior to performing any work on Maintenance Areas in the public right of way 12 City Right to Inspect City shall have the right on at least a quarterly basis, to inspect the Maintenance Areas to ensure that Declarant is performing its obligations hereunder City and Declarant shall negotiate in good faith to come to a mutual agreement as to the time and date for such inspection 13 Default In the event Declarant does not perform, or cause to be performed, the Maintenance Responsibilities as contemplated by this Agreement, City after providing Declarant with written notice and reasonable opportunity to cure shall cause such Maintenance Responsibilities to be performed and all costs incurred thereby shall be assessed to and billed directly to Declarant Payment shall be due within thirty (30) days of billing 14 City Right to Enforce Notwithstanding the provisions of Section 19 herein Declarant acknowledges and agrees that the City has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal and/or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement Declarant shall provide City with, and at all times keep current, contact information for Declarant and any property manager acting on its behalf 15 Workers' Compensation Insurance Pursuant to California Labor Code Section 1861 Declarant or its successors or assigns acknowledges awareness of California Labor Code Section 3700, et seq which requires every employer to be insured against liability for workers compensation, Declarant covenants that it will comply with such provisions prior to commencing performance of the work hereunder Declarant shall maintain such workers compensation insurance as required by statute including employers liability coverage with limits not less than One Million Dollars ($1 000,000) bodily injury by accident, each occurrence, One Million Dollars ($1 000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to City Declarant shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors employees Declarant shall furnish to City a certificate of waiver of subrogation under the terms of the workers compensation insurance and Declarant shall similarly require all subcontractors to waive subrogation 16 Other Insurance In addition to the workers compensation insurance in Section 15 above and Declarant s covenant to indemnify City in Section 18 below Declarant, or its successors and assigns shall obtain and furnish to City a policy of commercial general liability insurance and commercial automobile liability insurance covering all activities to be undertaken by Declarant concerning the Maintenance Areas affected by the License Said policy shall pay on behalf of Declarant its officers, agents and employees, while acting within the scope of their duties against any and all claims of liability ansing out of or in connection with all activities to be undertaken by Declarant concerning the Maintenance Areas affected by the License, and shall 5 5601 41829WGRMT� 685235 10 8/14/07 provide coverage in not less than the follo-,Ning amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual habilrt-, of One Million Dollars ($1 000 000) per occurrence if coverage is providea under a form NAluch includes a designated general aggregate limit the aggregate limrt must be no less than One Million Dollars ($1 000 000) Said pohc` shall name Cm its officers and employees as additional insureds and shall specificall-, pro-\ ide that anv other insurance or self insurance xNhich may be applicable to all activities to be undertaken by Declarant concerning the Maintenance Areas affected b-, the License shall be deemed excess coverage and that Declarant s insurance shall be primar,\ Linder no circumstances shall said abox e mentioned insurance contain a self insured retention or deductible or anv similar form of limitation on the required coverage in excess of TA ent-, Fr\ e Thousand Dollars ($25 000 00) 17 Certificates of Insurance Additional Insured Endorsements Prior to commencing performance of the Maintenance Responsibilities Declarant shall furnish to Cit-\ certificates of insurance subject to approval of the Cat-\ Attorney evidencing the foregoing insurance coverage as required b,\ this Agreement said certificates shall (a) pro-\ ide the name and polic-\ number of each carrier and policy and (b) shall state that the policN is currently in force and (c) shall promise to pro-\ ide that such policies ,,Hill not be canceled or modified ,Niihout thirty (30) days prior written notice to Gtv Declarant shall maintain the insurance co-\ erase contemplated in Sections 15 and 16 in force until this License is terminated h 1 C � � 1 18 Indemnification (a) Indemnity — License Declarant shall indemnify, defend and hold City, its officers directors, shareholders, employees agents successors and assigns (hereinafter collectively called "Indemnified Parties') harmless from all liabilities, penalties costs, damages, expenses, causes of action claims or judgments (including without limitation reasonable attorneys fees) (collectively, "Indemnified Claims' resulting from (i) injury or the death of any person (including without limitation any Indemnified Party) or physical damage to property, real or personal, of any kind wherever located and by whomever owned (including, without limitation property owned by an Indemnified Party), which injury, death or physical damage arises out of or is connected with Declarant s (or Declarant s officers, employees agents, contractors, licensees or invitees) use or occupancy of any of the Maintenance Areas under the authority of the License except to the extent that such Indemnified Claims are caused by the negligence or willful wrongful acts or omissions of any Indemnified Party, and (>>) the use generation processing, production packaging, treatment storage, emission, discharge or disposal of Hazardous Materials (as that term is defined herein below) on or about the Maintenance Areas by Declarant, its agents employees, contractors invitees or licensees in connection with the exercise of Declarant s rights under the License For purposes of this Section 18, the term "Hazardous Materials" shall mean any substance, material or waste that, because of its quantity, concentration or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment, including, but not limited to petroleum, petroleum -based products, natural gas, or any substance material or waste that is or shall be listed, regulated or defined by federal state of local statute, regulation rule, ordinance or other governmental requirement to be hazardous, acutely hazardous extremely hazardous toxic radioactive biohazardous, infectious or otherwise dangerous (b) Notice City agrees to give prompt notice to Declarant with respect to any Indemnified Claims initiated or threatened against City, at the address for notices to Declarant set forth herein Declarant shall, at its option but subject to the reasonable consent and approval of City, be entitled to control the defense compromise or settlement of any such matter through counsel of Declarant s own choice provided, however that in all cases City shall be entitled to participate in such defense, compromise or settlement at its own expense 19 LitiLyation Expenses (a) General If either party hereto brings an action or proceeding (including any cross -complaint, counterclaim or third -party claim) against the other party by reason of a default, or otherwise arising out of this Agreement the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including but not limited to reasonable attorneys fees which shall be payable whether or not such action is prosecuted to judgment "Prevailing Party" within the meaning of this Section 19 shall include without limitation a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action (b) Appeal Attorneys fees under this Section 19 shall include attorneys fees on any appeal, and, in addition a party entitled to attorneys fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action 7 5601 41829\AGRMT\ 685235 10 8/14/07 (c) Alternative Dispute Resolution City and Declarant, by mutual agreement, may but are not required to, submit any factual or other (to the extent City is not prohibited by law or otherwise from doing so) dispute arising under this Agreement to non -binding arbitration mediation judicial reference or other alternate dispute resolution mechanism ("ADR' of non judicial dispute resolution The party requesting ADR shall give written notice of its request, specifying the requested ADR procedure to the other parties who shall notify the requesting parties of its agreement or refusal to proceed within a reasonable time after receipt of the requesting notice If the parties agree to proceed they shall select a mutually acceptable individual, with qualifications appropriate to the subject matter of the dispute, to conduct the designated ADR, or if the parties cannot agree on such individual, they shall submit the dispute for the applicable ADR to a commercial ADR service In all events the proceedings shall be conducted only in a manner acceptable to both parties The parties may enter into operating memoranda from time to time to establish procedures for the initiation and conduct of such ADR mechanisms 20 Time Time is of the essence of this Agreement and each and every part hereof 21 Covenants Each of the covenants set forth in this Agreement (i) shall run with the land, (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity s ownership, and all of their respective successive owners and assigns, and (iii) shall be binding upon, and shall inure to the benefit of the property benefited or burdened thereby and every portion thereof and interest therein The License granted by this Agreement is subject to all matters of record as of the effective date of this Agreement 22 Amendment This Agreement may be amended or otherwise modified only in writing signed and acknowledged by City Council and Declarant, or the successors and assigns of each 23 Delegation of Authority City hereby delegates to City Administrator or his or her designee the authority to implement all provisions of this Agreement 24 Successors and Assigns Subject to Sections 9 and 10 above, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns (except as otherwise specifically provided in Section 25 below) including without limitation all grantees and other successors -in interest of City and Declarant in any portion of the Maintenance Areas Subject to Sections 9 and 10 above Declarant shall provide prior notice of any assignment of Declarant s rights and obligations hereunder and any such assignment shall either (a) include the insurance provisions hereunder or (b) shall include insurance provisions approved by City 25 Exclusive Benefit of Parties The provisions of this Agreement are for the exclusive benefit of City and Declarant and their successors and assigns subject to the provisions hereof and not for the benefit of nor give rise to any claim or cause of action by any other person 26 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California g 5601 41829\AGRM71685235 10 8/14/07 27 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be entitled to be the original and all of which shall constitute one and the same agreement 28 References, Titles Wherever in this Agreement the context requires, reference to the singular shall be deemed to include the plural Titles of sections and paragraphs are for convenience only and neither limit nor amplify the provisions of this Agreement 29 Notice Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial courier or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given For the convenience of the parties, copies of notices may also be given by telefacsimile, to the telephone number listed below or such other numbers as may be provided from time to time Declarant Makallon Atlanta Huntington Beach LLC 4100 MacArthur Boulevard Suite 200 Newport Beach CA 92660 Attn Project Manager Telefacsimile (949) 255-1128 For City Director of Public Works 2000 Main Street Huntington Beach CA 92648 Telefacsimile (714) 536-1573 City Administrator 2000 Main Street Huntington Beach CA 92648 Telefacsimile (714) 536-1573 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or if mailed, on the delivery date or attempted delivery date shown on the return receipt A person may not give official or binding notice by telefacsimile The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, or a telefacsimile copy of the notice 30 Severability If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law 31 Entire Agreement This Agreement together with any attachments hereto or inclusions by reference constitute the entire agreement between the parties on the subject matter hereof and this Agreement supersedes and cancels any and all previous negotiations, 5601 41829\AGRMT\ 685235 10 8/14/07 arrangements, agreements and understandings, if any, between the parties hereto with respect to the easements which are the subject matter of this Agreement 32 Survival All representations, warranties waivers, and indemnities given or made hereunder shall survive termination of this Agreement 10 5601 41829\AGRM n 685235 10 8/14/07 IN WITNESS WHEREOF this Agreement has been executed by the parties hereto on Auqust 20 .200 7 CITY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California r ATTEST City Clerk PURSUANT TO RESOLUTION NO 2003 29) APPROVED AS TO FORM City Attorne REVIIEW PROVED City inistrator REVIEWED ANF5 APP OVED lcva3, Director of Public Works E^*tA el, DECLARANT MAKALLON ATLANTA HUNTINGTON BEACH LLC, a Delaware limited liability company By Makar Properties LLC a Delaware limited liability company an Authorized Member By—' �r Name M,0440- C-AL OCr Title � Q P IN;---,J QcPoetl"i' By Name poughs S Kiel 8VJ and Finm�e Title L)c 11 5601 41829\AGRMT\ 685235 10 8/14/07 CALIFORNIA•ACKNOWLEDGMENT .sa _as. �..� �.. .a� �. ca. _s�. ,7......a. ova. ..s�. � ,.�...sa._T,.'aa...�..�5..�._�..�..�c_s�. _�. _�a _s�. ,�Q,.a ..� _T{.sue. _sue. ..�•.at,.�S,T...a.:.�. ,�2_�.::.».z,..:T. _cam State of California County of� On before me L_ Date -1 Name an( personally appeared q personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized P i ESPARZAft capacity(ies) and that by his/her/their signature(s) on the Commission # 1599179 instrument the person(s) or the entity upon behalf of %,My Notary Pubic Californiawhich the person(s) acted executed the instrument Orange County Comm Expires Aug 4 2009 WITNESS my hand and official seal i Place Notary Seal Above Slgnat fAniz Sighature of N ry Public 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 Description of Attached Doc ment Title or Type of Document L�L—�i ��5 i`�vt )� Z22ztA Document Date is ho rJ2-x Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name ❑ Individual ❑ Corporate Officer —Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Top of thumb here Signers Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing RIGHTTHUMSPRINT . OF SIGNER .p of thumb here 02006 National Notary Association 9350 De Soto Ave PC Box 2402 Chatsworth CA 91313 2402 Item No 5907 v609 Reorder Call Toll Free 1 800 876 6827 STATE OF CALIFORNIA COUNTY OF On Aill,"aC%- /�5- 2602 before me I law t irmlva '41"); 12xv Alell' (here insert name and title of thVWcer) personally appeared ���f('h�ZSZ, 44e-ZVv Y personally known to me ( encAe-) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/sRTexecuted the same in his/,ber authorized capacity, and that by his/,]atesignature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Signature STATE OF CALIFORNIA COUNTY OF "PIpIAR M SOtANO CommUlon * I"MO Notary RAft C04WV0 Orange County My Comm DPWOMay MS, 201 (SEAL) On ;�Zl before me, A'le I (here insert name and title of the ficer) personally appeared personally known to me ( o to be the person whose name is subscribed to the within instrument and acknowledged to me that he/executed the same in his/ authorized capacity, and that by hi r signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and official seal Signature 12 .a •�4 .... ,.• (SEAL) 5601 41829\AGRMT\ 685235 10 8/14/07 EXHIBIT A MAINTENANCE AREAS 5601 41829\AGRMT\ 685235 10 8/14/07 r z 0 z w Q U m 1ST STREET REGIONAL TREATMENT SYSTEM FIRST FLUSH WATER TREATMENT CONTROL SYSTEM ENHANCED PAVING TYPICAL EXHIBIT "A" MAINTENANCE LICENSE AGREEMENT PACIFIC CITY - HUNTINGTON BEACH ENHANCED PAVEMENT TYPICAL STREET LIGHTING TYPICAL PARKWAYS NOTE THIS DEPICTION IS FOR ILLUSTRATIVE PURPOSES ONLY THE .AS -BUILT CONDITIONS WILL PREVAIL ATLANTA AVENUE QoQ�� TRACT NO 16338 PEDESTRIAN \ EASEMENT CORRIDORS MEDIAN ISLANDS TYPICAL VILLAGE GREEN PARK AFO ,9 ^ \psi 1 :`�r ENHANCED PAVING TYPICAL LEGENDMAINT AO INCUDEENANCE STREET -ENHANCED PAVING CQ LIGHTING 3 -VILLAGE GREEN PARK '9,s� TYPICAL -014 ACRE POCKET PARK /y/AFIRST FLUSH -EDISON OWNED STREET LIGHTING vvy WATER TREATMENT -PEDESTRIAN EASEMENT CORRIDORS CONTROL SYSTEM -SIDEWALK & PARKWAY LANDSCAPING -MEDIANS AND LANDSCAPING WITHIN MEDIANS -STREET FURNITURE WITHIN RIGHT OF WAY & EASEMENT CORRIDORS -AWNINGS & RAILINGS WITHIN RIGHT OF WAY & EASEMENT CORRIDORS -FIRST FLUSH WATER RUNOFF TREATMENT SYSTEM -1ST STREET REGIONAL TREATMENT SYSTEM NOTE STREET LIGHTING WITHIN PACIFIC VIEW AVENUE AND ALONG THE PROJECT SIDE OF 1ST STREET ATLANTA AVENUE AND HUNTINGTON STREET IS INCLUDED IN THE MAINTENANCE NOTE MEDIANS WITHIN PACIFIC COAST HIGHWAY ARE NOT INCLUDED IN THE MAINTENANCE DATE AUGUST 15 2007 I— w w oC I— cn MEDIAN ISLANDS TYPICAL ATTACHMENT #9j Recorded in Official Records Orange County RECORDING REQUESTED BY ) Tom Daly Clerk Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE AND WHEN RECORDED RETURN TO ) 200700058843210 36am 09/28/07 City Clerk ) 227 160 Al2 10 City of Huntington Beach ) 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 2000 Main Street ) Huntington Beach CA 92648 ) line for Recorder [Space above this s use ] This document is exempt from recording fees pursuant to Goocrnment Code Section 6103 f �f AGREEMENT REGARDING VILLAGE GREEN PARK This Agreement Regarding Village Green Park ("Agreement's is made by and between MAKALLON ATLANTA HUNTINGTON BEACH, LLC a Delaware limited liability company ("Declarant', and the City of Huntington Beach a municipal corporation of the State of California ("City' with reference to the following facts A Declarant is the owner of that certain real property situated in the City of Huntington Beach, County of Orange ("County') State of California described more particularly as follows (the "Property' Lot 1 of Tract No 16338 as shown on a Subdivision Map recorded in Book$Q3 Pages 7 through & inclusive of Miscellaneous Maps, in the Office of the Orange County Recorder Declarant intends to encumber the Property with a residential master declaration of covenants conditions restrictions and reservation of easements (the "Residential Declaration's Pursuant to the Residential Declaration, Grantor shall form or cause to be formed the Pacific City Master Residential Association (the "Master Residential Association ") to own manage maintain and operate common areas within the Property which include but are not limited to the approximately 2 03 acre park ("Village Green Park' shown on Exhibit A attached hereto B Pursuant to the City Council Approved Findings and Conditions of Approval for Pacific City Project (Tentative Tract Map No 16338/ Conditional Use Permit No 02-20/ Special Permit No 02 04/ Coastal Development Permit No 02-12/ Master Plan Pacific City Mixed Use Project) dated June 14 2004 ("Conditions of Approval'% City desires that Village Green Park remain dedicated in perpetuity for public use and not converted to private use NOW THEREFORE for valuable consideration the receipt of which each of the parties acknowledge the parties agree as follows 5601 41829\AGRMI� 704356 4 8/14/07 I Village Green Park Declarant hereby encumbers Village Green Park with a perpetual right of public access, ingress and egress and covenants that Village Green Park shall not be converted to private use Subject to City approval, the foregoing grant shall be further governed by and subject to any limitations contained in the Residential Declaration which shall include but not be limited to provisions (a) for maintenance of easements for public access and use over Village Green Park and (b) that prohibit the Master Residential Association any other residential homeowners association in the Property, and any owner of a condominium in the Property from constructing or permitting the construction of any fences barricades or other improvements that would restrict public access and use of Village Green Park except during limited periods for construction of improvements on portions of Village Green Park or such other times as public access and use must be reasonably restricted over portions of Village Green Park to address public safety concerns 2 Litigation Expenses (a) General If either party hereto brings an action or proceeding (including any cross -complaint counterclaim, or third party claim) against the other party by reason of a default, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including but not limited to reasonable attorneys fees which shall be payable whether or not such action is prosecuted to judgment "Prevailing Party" within the meaning of this Section 2 shall include without limitation a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action (b) Appeal Attorneys' fees under this Section 2 shall include attorneys fees on any appeal, and, in addition, a party entitled to attorneys fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action (c) Alternative Dispute Resolution City and Declarant may but are not obligated to, submit any factual or other (to the extent City is not prohibited by law or otherwise from doing so) dispute arising under this Agreement to non binding arbitration mediation, judicial reference or other alternate dispute resolution mechanism ("ADR' of non judicial dispute resolution The party requesting ADR shall give written notice of its request specifying the requested ADR procedure to the other parties, who shall notify the requesting parties of its agreement or refusal to proceed within a reasonable time after receipt of the requesting notice If the parties agree to proceed, they shall select a mutually acceptable individual with qualifications appropriate to the subject matter of the dispute, to conduct the designated ADR, or if the parties cannot agree on such individual, they shall submit the dispute for the applicable ADR to a commercial ADR service In all events, the proceedings shall be conducted only in a manner acceptable to both parties The parties may enter into operating memoranda from time to time to establish procedures for the initiation and conduct of such ADR mechanisms 3 Time Time is of the essence of this Agreement and each and every part hereof 4 Covenants Each of the covenants set forth in this Agreement (i) shall run with the land, (n) shall be binding upon and shall inure to the benefit of any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby during the period of such person s or entity s ownership, and all of their respective successive owners and 11 5601 41829WGRMTI 704356 4 8/14/07 assigns, and (ill) shall be binding upon and shall inure to the benefit of the property benefited or burdened thereby and every portion thereof and interest therein 5 Amendment This Agreement may be amended or otherwise modified only in writing signed and acknowledged by City and Declarant or the successors and assigns of each 6 Successors and Assigns Subject to Section 1 above, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns 7 Exclusive Benefit of Parties The provisions of this Agreement are for the exclusive benefit of City and Declarant and their successors and assigns, subject to the provisions hereof and not for the benefit of nor give rise to any claim or cause of action by any other person 8 GovermnLy Law This Agreement shall be governed by and construed in accordance with the laws of the State of California 9 Counterparts This Agreement may be executed in any number of counterparts each of which shall be entitled to be the original and all of which shall constitute one and the same agreement 10 References, Titles Wherever in this Agreement the context requires reference to the singular shall be deemed to include the plural Titles of sections and paragraphs are for convenience only and neither limit nor amplify the provisions of this Agreement 11 Notice Any notice given under this Agreement shall be in writing and given by delivering the notice in person by commercial courier or by sending it by registered or certified mail or Express Mail, return receipt requested, with postage prepaid to the mailing address listed below or any other address notice of which is given For the convenience of the parties copies of notices may also be given by telefacsimile to the telephone number listed below or such other numbers as may be provided from time to time For Declarant Makallon Atlanta Huntington Beach LLC 4100 MacArthur Boulevard Suite 200 Newport Beach CA 92660 Attn Project Manager Telefacsimile (949) 255 1128 For City City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telefacsimile (714) 536 5233 111 5601 41829�AGRMP 704356 4 8/14/07 Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telefacsimile (714) 374-1573 Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telefacsimile (714) 374 1654 Any mailing address or telefacslmlle number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change All notices under this Agreement shall be deemed given received, made or communicated on the date personal receipt actually occurs or if mailed, on the delivery date or attempted delivery date shown on the return receipt A person may not give official or binding notice by telefacslmlle The effective time of a notice shall not be affected by the receipt, prior to receipt of the original or a telefacslmlle copy of the notice 12 Severability If any provision of this Agreement shall to any extent be invalid or unenforceable the remainder of this Agreement (or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law 13 Entire Agreement This Agreement together with any attachments hereto or inclusions by reference, constitute the entire agreement between the parties on the subject matter hereof and this Agreement supersedes and cancels any and all previous negotiations arrangements agreements and understandings, if any, between the parties hereto with respect to the easements which are the subject matter of this Agreement 14 Survival All representations warranties, waivers and indemnities given or made hereunder shall survive termination of this Agreement [SIGNATURES ON FOLLOWING PAGES] 1V 5601 41829\AGRM n 704356 4 8/14/07 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on August 20 200 7 CITY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ao ATTEST City Clerk PURSUANT TO RESOLUTIONNO 2003 29) -APPROVED AS TO FORM 0 City Attorney APPRO ED AS TO FORM v Di ctor of Planning REVIEWED/AND AP OVED City A imstrator L 5601 41829\AGRMT\ 704356 4 8/14/07 CALIFORNIA ,.ca_ _sa. s�z.sa..-.a..va,_..__.sa. _�..�...�: c�,..w...s�..va. _�c.,T..� .�..s�...9se,.s�..�Cv...�..a .�.¢_w•.z.•..sa...�...�..s� ..�..a. ,T ..aLc. ,ems a..s�. ,sa..z��. �z�•.s�...s�a State of California County of On a Date personally appeared before me IL P L ESPARZA Commission # 1599179 Mok3ry Public Cankm is Orange County QMV Comm Expim Aug 4 2009 Place Notary Seal Above personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal Signatur �y ^� A� /� Signature of Not Public OPTIONAL I®NAL 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 Description of Attached D cu ent Title or Type of Document a Document Date a �.Z� Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ° ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signers Name ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing RIGHT THUMUFMINT OF SIGNER p . of thumb here © 2006 National Notary Association 9350 De Soto Ave PC Box 2402 Chatsworth CA 91313 2402 Item No 5907 v609 Reorder Cali Toll Free 1 800 876 6827 DECLARANT MAKALLON ATLANTA HUNTINGTON BEACH, LLC, a Delaware limited liability company By Makar Properties LLC a Delaware limited liability company an Authorized Member B-y-�- Name MtCH04-- CALF Title By Name L Kiel Title E VY ®p *im wd fkmee Vl 5601 41829\AGRM n 704356 4 8/14/07 STATE OF CALIFORNIA COUNTY OF a On before me, /��/ J C� /C. (here insert name and title of e officer) personally appeared personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/sae executed the same in his/ er authorized capacity and that by hislacf signature on the instrument the person, or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and ial seal _ _ _ _ ow M 6Ot01 Com"amon "no N&W AMC CdIMMba Signature OWNP MyConinn.M� (SEAL) STATE OF CALIFORNIA COUNTY OF%tr On d J/,/�,� 6' , � before me / f�llf � �a s /1 / �.- (here insert name and >stle of the offi ) personally appeared ��/.1,!/�'/,�,s �(� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and official seal Signature /� Vli (SEAL) 5601 41829\AGRM n 704356 4 8/14/07 EXHIBIT A DRAWING OF THE APPROXIMATE LOCATION OF VILLAGE GREEN PARK ix 5601 41829\AGRMT1 704356 4 8/14/07 EXHIBIT "A" APPROXIMATE LOCATION OF VILLAGE GREEN PARK PACIFIC CITY - HUNTINGTON BEACH �� NOTE 10S DEPICTIPN I- 'OR ILLOSTP^TIVE PUPPO-,E�, ONLY THE AQ-EUILT CONDITIONS WILL PPEVAIL Li J \ �LATLANTA AVENUE TRACT NO16338 w / T � � � z O TYPICAL � C, ��� Q � -414 00 '9S 3 � LEGEND VILLAGE GREEN PARK � \� DATE AUGUST 14 2007 11 Provide a digital -graphics file of said tract map to the City per the following design criteria (ZSO 253) a Design Specification 1) Digital data shall be full size (1 1) and in compliance with the California coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809 ii) Digital data shall have double precision accuracy (up to fifteen significant digits) in) Digital data shall have units in US FEET iv) A separate drawing file shall be submitted for each individual sheet v) Digital data shall be in compliance with the Huntington Beach Standard Sheets drawing names pen color and layering conventions vi) Feature compilation shall include, but shall not be limited to Assessor s Parcel Numbers (APN) street addresses and street names with suffix b File Format and Media Specification 1) Shall be in compliance with one of the following file formats (AutoCAD DWG format preferred) • AutoCAD (version 2000, release 4) drawing file DWG • Drawing Interchange File DXF 11) Shall be in compliance with the following media type • CD Recordable (CD R) 650 Megabytes 11 The grading plans and improvement plans shall be submitted to the Department of Public Works for review The engineer shall submit cost estimates for determining bond amounts (ZSO 255 16C & MC 17 05) 12 If the Final Tract Map is recorded before required improvements are completed, a Subdivision Agreement and accompanying security may be substituted for construction in accordance with the provisions of the Subdivision Map Act (SMA) 13 All improvement securities (Faithful Performance Labor & Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney (ZSO 255 16) 14 A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney (ZSO 253 12K) 15 The Homeowner s Association(s) shall enter into a Special Utility Easement Agreement with the City of Huntington Beach for maintenance and control of the area within the public water pipeline easement, which shall address repair to any enhanced pavement etc , if the public water pipelines and/or appurtenances require repair or maintenance The HOA shall be responsible for repair and replacement of any enhanced paving due to work performed in the maintenance and repair of any Code Requirements Page No 4 water pipeline The Special Utility Easement Agreement shall be referenced in the CC&R's (Resolution 2003 29) 16 A phasing map shall be submitted for approval by the Planning Public Works and Fire Departments showing improvements to be constructed All required infrastructures including all public streets shall be designed with the first phase The phasing plan shall include public improvements, construction employee parking, utility relocation, material location and fire access (ZSO 253 12L) 17 The Final Tract Map and phased maps shall be consistent with the approved Tentative Tract Map (ZSO 253 04) 18 All applicable Public Works fees shall be paid Fees shall be calculated based on the currently approved rate at the time of payment unless otherwise stated (ZSO 250 16) CONDITIONAL USE PERMIT NO 02-20/COASTAL DEVELOPMENT PERMIT NO 02-12 The site plan floor plans and elevations as approved by the City Council shall be the conceptually approved layout Construction plans/working drawings submitted for plan check shall depict the following information a Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code b 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 c 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) d Depict the location of all gas meters, water meters electrical panels air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations If located on a building, they shall be architecturally designed into the building to appear as part of the building They shall be architecturally compatible with the building and non - obtrusive not interfere with sidewalk areas and comply with required setbacks Code Requirements Page No 5 e 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 f The Porte Cochere area off Pacific View Avenue for hotel loading and unloading shall be designed for a 72 000 lbs load of fire apparatus All streets shall comply with Fire Dept City Specification No 401 (FD) g Backflow devices and Fire Department Connections in bermed setback areas along must be enclosed in retaining walls (FD) h Identify two more pedestrian access ways at street level into the residential area for emergency personnel access purposes one off of Huntington Street and the other on the east end of Pacific View Avenue (FD) The driveway entrances shall have textured and colored pavement (behind sidewalk on private property) as indicated on the plan Buildings shall comply with the height limits of the Downtown Specific Plan (Exhibits A-402 & A 403) k Private open space areas for ground floor and above ground residential units shall comply with the Downtown Specific Plan (Exhibit D 002) 1 Parking for the one bedroom residential units shall comply with Section 231 18 D 6 of the HBZSO in Site coverage shall include projecting balconies and elevated walkways in accord with the Downtown Specific Plan n Revised site plan in accord with applicable requirements within No 2 below that affect the layout 2 Prior to issuance of a precise grading permit the following shall be completed a The Final Tract Map shall be recorded with the County of Orange (ZSO 253 22) b Separate plans for removals stockpiling surcharge and other independent or phased remedial or earth moving operations shall be prepared by a Licensed Civil Engineer and be submitted to the Public Works Department for review and approval (MC 17 05 140) c Precise Grading Plans, prepared by a Licensed Civil Engineer shall be submitted to the Public Works Department for approval (MC 17 05) Code Requirements Page No 6 d Improvement Plans prepared by a Licensed Civil Engineer, shall be designed per City's Standards, (including Public Works Water Division, and Park Tree and Landscape Standards) and shall be submitted to the Public Works Department for approval The following improvements shall be shown on the plans (ZSO 255 12) 1) The water infrastructure shall be designed and constructed to support the demands of this development, in accordance with the approved hydraulic analysis (1 e , Water Analysis for Pacific City' prepared by Tetra Tech, Inc , dated July 29, 2002) The developer shall design and construct the following water improvements per City of Huntington Beach Water Division Standards Location of public water pipelines and appurtenances are subject to approval by the Utilities Division and shall not be located within buildings or parking structures The proposed public water system shall conform to all City of Huntington Beach standard plans and design criteria including the separation requirements between other utilities In order to conform to these requirements it may be necessary to replace certain existing pipelines in place with new pipelines rather than to abandon the existing pipeline or replace the existing pipeline with a new pipeline at a new location Whether the pipelines are replaced in place or relocated it is the responsibility of the developer to keep the City s customers in service throughout the duration of construction A new 18 inch water main on Pacific View Avenue between First Street and Huntington Street 11 A new 12 inch water main in Huntington Street that will connect to an existing 12-inch water main in Atlanta Avenue with an existing water main in Huntington Street, as well as to the new 18 inch water main in Pacific View Avenue (This pipeline shall be constructed and put into service prior to taking the existing 18-inch water line in Pacific View Avenue out of service) ui A new 12-inch water main in First Street that will connect to an existing 12-inch water main in Atlanta Avenue and with the new 18 inch water main in Pacific View Avenue iv A new 12-inch water main in First Street that will connect to the new 12-inch water main in Pacific Coast Highway and with the new 18-inch water main in Pacific View Avenue v A new 12 inch water main in Pacific Coast Highway that will connect with the new 12 inch water main in First Street and with an existing 12-inch water main in Huntington Street vi The water infrastructure constructed in the public right-of-way and in A Street shall be PUBLIC and shall be constructed per Utilities Division Standards Pipe roping and/or deflection of curvilinear alignment is not allowed All other proposed water infrastructure improvements constructed within the development shall be PRIVATE with backflow protection devices required at each point of connection to the City s water system vii The two pipelines connecting A' Street to Atlanta Avenue and A" Street to approximately 140 feet northeast towards Huntington Street shall be private and Code Requirements Page No 7 maintained by the HOA with appropriate backflow devices required at each point of connection to the City s water system vin The quantity and placement of domestic water services, meters and other appurtenances shall meet Utilities Division approval The development shall be master -metered to the fullest extent possible, and shall be sized to meet the minimum requirements set by the California Plumbing Code (CPC) The service laterals shall be a minimum of one inch in size for residential uses and two inches in size for commercial uses ix Each separate landscaping area (i e Homeowner's Association property, Property (Business) Owner s Association property public common landscaping area(s), Village Green Park etc ) shall have a separate irrigation meter(s), service(s) and backflow protection device(s) The meter(s) shall be sized to meet the minimum requirements set by the City Landscape Architect x Separate backflow protection devices shall be installed per City of Huntington Beach Utilities Division standards for domestic, irrigation and fire water services xi An automatic fire sprinkler system shall be installed throughout the entire project and shall have a separate dedicated fire service with an appropriate backflow protection device (Fire Dept City Specifications #406 and 413) xn The Fire Department shall determine the number and location of fire hydrants, as well as the fire flow requirements (Fire Dept City Specification # 407) xni In accordance with Utilities Division standards for water improvements located in area(s) containing remediated soil, the Utilities Division shall require copper water services, and mtrile gaskets on all PVC pipelines 2) The sewer facilities shall be designed per the final approved sewer study 3) All drainage facilities shall be designed per a final approved hydrology and hydraulics study 4) Removal and replacement of the existing paving to centerline on First Street Atlanta Avenue and Huntington Street The pavement sections shall have a service life of 20 years Pacific Coast Highway shall be replaced per Caltrans requirements 5) New landscaped medians along the project frontage in First Street, Atlanta Avenue Pacific View Avenue Huntington Street between Pacific View Avenue and Pacific Coast Highway, and the upgraded medians in Pacific Coast Highway shall be designed and constructed per Public Works Caltrans (for Pacific Coast Highway), Park Tree and Landscape standards and the City s Arboricultural and Landscape Standards and Specifications Separate water and electrical meters shall be provided for each median 6) All proposed sidewalks shall meet A D A , Title 24 and Public Works standards to the maximum extent feasible as depicted on the site plan 7) A D A compliant access through all improvements including off site locations where improvements are included in project related plans 8) New curb gutter and sidewalk along the project frontage on First Street, Atlanta Avenue Huntington Street and Pacific View Avenue per Public Works Standard Plan numbers 202 and 207, unless special design standards (i e decorative concrete) are approved by the City Code Requirements Page No 8 9) New curb and gutter along the project frontage on Pacific Coast Highway per Caltrans standards 10) New 8-ft wide sidewalk along the project frontage on Pacific Coast Highway between First Street and Huntington Street located within an appropriate pedestrian access easement 11) The median in Pacific Coast Highway shall be redesigned to eliminate the left turn pocket formerly accessing the project site The median shall be designed to Caltrans standards and shall include landscaping separate water and electrical meters 12) The intersections of First Street at Atlanta Avenue and First Street at Pacific Coast Highway shall be designed as an enhanced intersection per the Urban Design Guidelines subject to Planning Department approval The intersection of First Street and Atlanta Avenue shall be designed to include improvements with and surrounding the entire intersection The intersection of First Street and Pacific Coast Highway shall be designed to incorporate elements of the Enhanced Intersection treatments on the southeast (PCH) and northeast (First Street) legs 13) The existing driveways on Pacific Coast Highway shall be removed and replaced with curb and gutter per Caltrans standards 14) Driveways on Pacific View Avenue shall be designed to provide the lane configuration depicted in the approved project traffic impact study and environmental documents 15) A parking management plan shall be submitted to address the final design issues of the parking structure for the commercial element of the project The parking management plan should include an evaluation of valet operations parking fee structure and operational characteristics (pay parking systems, etc ) Similar final design reviews shall be submitted for each of the residential parking structure designs including fully dimensioned circulation and parking, designation of guest parking areas and security gates 16) Revised design plans for the residential parking entrances from public streets must be submitted for review and approval The revised design shall address the transition of grades, gate location gate operational characteristics and elements to discourage non residents from attempting to enter the resident only driveways The residential gated entryway off Pacific View Avenue shall comply with Fire Dept City Specification No 403 In addition, the gated entryway plan shall be reviewed by the United States Postal Service Prior to the installation of any gates such plan shall be reviewed and approved by the Planning Fire and Public Works Departments 17) Revise the layout of Pacific View Avenue to provide a 16-foot westbound travel lane (measured from curb face to median barrier) between First Street and the westernmost driveway and between Huntington Street and the easternmost driveway 18) Full -width street improvements for Pacific View Avenue in conformance with the Precise Plan of Street Alignment This requirement shall be used to prepare a cost estimate for the purposes of providing security for the future conversion of the roadway e Traffic signal plans for the intersections of First Street at Atlanta Avenue and Huntington Street at Atlanta Avenue shall be prepared by a Licensed Civil or Traffic Engineer and submitted for review and approval Code Requirements Page No 9 f Traffic signal plans for the intersections of Pacific Coast Highway at First Street and Pacific Coast Highway at Huntington Street shall be prepared to Caltrans standards by a Licensed Civil or Traffic Engineer and submitted for review and approval All Caltrans requirements for the modification of these traffic signals shall be satisfied in order to obtain the appropriate encroachment permits, including the submittal of fact sheets for design exceptions g Signing and striping plans shall be prepared for Pacific View Avenue, First Street Atlanta Avenue, and Huntington Street in accordance with the City standards applicable at the time of plan preparation h Signing and striping plans shall be prepared for Pacific Coast Highway per Caltrans standards All Caltrans requirements for obtaining applicable encroachment permits shall be satisfied including the submittal of all fact sheets for design exceptions i Street lighting plans shall be prepared for Pacific View Avenue First Street Atlanta Avenue, Huntington Street, and Pacific Coast Highway in accordance with Public Works standards Urban Design Guidelines, and the Downtown Design Guidelines — Implementation Packet The system shall be designed as an Edison owned street light system with the full cost of construction electricity, and maintenance to be the responsibility of the Master Association J A traffic control plan for all work within the City right-of-way shall be submitted to the Public Works Department for review and approval The City's plans shall be prepared according to the Traffic Control Plan Preparation Guidelines Plans for Pacific Coast Highway shall be per Caltrans requirements and subject to Caltrans review and approval k A traffic control plan for all work within the State right-of-way shall be submitted to Caltrans Plans for Pacific Coast Highway shall be per Caltrans requirements and subject to Caltrans review and approval 1 A Landscape Planting and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Public Works Department for review and approval by the City Landscape Architect and the Planning Director The Developer shall submit irrigation demands to ensure proper irrigation service sizing (ZSO 232) in Storm Dram Storm Water Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP) conforming with the current National Pollution Discharge Elimination System (NPDES) requirements prepared by a Licensed Civil Engineer shall be submitted to the Department of Public Works for review and approval Catch basins shall be grated and not have side openings (DAMP) 1) A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed The SWPPP shall include treatment and disposal of all de watering operation flows and for nuisance flows during construction 2) A WQMP shall be prepared maintained and updated as needed to satisfy the requirements of the adopted NPDES program Upon approval of the WQMP, three signed copies and an Code Requirements Page No 10 electronic copy on CD ( pdf or doc format) shall be submitted to the Public Works Department 3) BMPs shall not be located within the public right of way The maintenance of all BMPs shall be the responsibility of the Master Association and shall be addressed in the CC&R s n A suitable location, as approved by the City, shall be depicted on the grading plan for the necessary trash enclosure(s) The area shall be paved with an impervious surface designed not to allow run on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, and screened or walled to prevent off site transport of trash The trash enclosure area shall be covered or roofed Connection of trash area drains to a storm sewer system is prohibited (DAMP) o Locations of the trash containers shall be verified with Rainbow Disposal If the locations of the container collections are within the underground parking garages, the parking garages shall be designed to accommodate the appropriate loads and shall meet the minimum height and circulation requirements as set by Rainbow Disposal and the City p A designated vehicle wash area that does not dram into a storm drainage system shall be provided for common usage Wash water from this area may be directed to the sanitary sewer (in accordance with City requirements and with prior approval of the sewermg agency) to an engineered infiltration system, or to an equally effective alternative as approved by the City Engineer Pre-treatment may be required (DAMP) q The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required This plan shall include the approximate number of truck trips and the proposed truck haul routes It shall specify the hours in which transport activities can occur and methods to mitigate construction related impacts to adjacent residents These plans must be submitted for approval to the Department of Public Works (MC 17 05 210) r The applicant s grading/erosion control plan shall abide by the provisions of AQMD s Rule 403 as related to fugitive dust control (PW) s The project shall comply with all provisions of the HBMC Section 17 04 085 and Fire Dept City Specification 429 Methane District Building Permit Requirements t The project shall comply with all provisions of the Huntington Beach Fire Code and Fire Dept City Specification 422 Well Abandonment u Existing mature trees or palms that are to be removed must be replaced at a 2 for 1 ratio with a 36' box tree or palm equivalent (13 14 of trunk height for Queen Palms and 8 9 of brown trunk) Applicant shall provide a Consulting Arborist report on all the existing trees or palms Said report shall quantify, identify, size and analyze the health of the existing trees The report shall also recommend how the existing trees that are to remain (if any) shall be protected or relocated (Washingtonia robusta) and how far construction/grading shall be kept from the trunk (PW) v All applicable Public Works fees shall be paid 3 Prior to submittal for building permits the following shall be completed Code Requirements Page No 11 Zoning entitlement conditions of approval, EIR No 02 01 Mitigation Measures, and this letter describing Huntington Beach Zoning and Subdivision Ordinance Code and Municipal Code requirements (including Public Works Dept and Fire Dept requirements) shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural structural electrical, mechanical and plumbing) and shall be referenced in the sheet index The minimum font size utilized for printed text shall be 12 point b Plans shall comply with all applicable Huntington Beach Fire Code (HBFC) Huntington Beach Municipal Code (HBMC), and/or Uniform Building Code (UBC) standards c Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes d An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property All structures within this development shall be constructed in compliance with the g factors as indicated by the geologist's report Calculations for footings and structural members to withstand anticipated g factors shall be submitted to the City for review prior to the issuance of building permits e Contact the United States Postal Service for approval of mailbox location(s) f A legal instrument must be recorded to assure that the parking garage is shared, operated and maintained by potential future property owners in perpetuity for the commercial/retail/hotel subterranean parking garage where it straddles lots 2 and 3 of tentative tract 16338 (BD) g All of the subterranean parking garage venting must have emergency smoke evacuation capability In addition these garages must also have an enhanced communication system for Fire Department (and Police Department) communications which shall include a repeater type radio system as specified by the Fire and Police Departments to allow adequate communication inside the parking garages from inside the garages to the exterior and to/from the fire control rooms (FD/PD) h Contact the Police Dept to review the final parking structure design in order to address issues such as lighting access control and surveillance opportunities (PD) i Standpipe systems in stairwell areas shall not impede code required minimum widths (FD) J All buildings with floors more than 55 feet above or below the lowest floor having Fire Department access (as measured from the top of the floor surface used for human occupancies) are subject to high rise code requirements (FD) k A Public Art Plan shall be prepared in collaboration with an art consultant and the Departments of Planning and Community Services Prior to issuance of building permits for Phase II of the project the Plan shall be submitted to the Planning Department for review and approval by the Design Review Board It shall be consistent with the City's Design Guidelines, include a total of six visual art elements (original) designed by artists within the commercial and residential Code Requirements Page No 12 developments, incorporate Pacific City culture and history, and shall be integrated into the development of the project 1 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 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) 4 During grading operations the following requirements shall be complied with a Construction shall be prohibited Sundays and Federal holidays b Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day c The construction disturbance area shall be kept as small as possible d Wind barriers shall be installed along the perimeter of the site and/or around areas being graded e Remediation operations, if required shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas (PW) f During grading and construction, on site parking shall be provided for all construction workers and equipment unless approved otherwise by the Public Works Department g During grading and construction, the property owner is responsible for all required clean up of off site dirt pavement damage and/or re striping of the public rights of -way as determined by the Public Works Department h The SWPPP, Erosion control and dewatering plans shall be revised and updated as necessary through the phases of the project Copies of the current plans shall be maintained on site for review by City or State inspectors (DAMP) 5 Prior to issuance of building permits, the following requirements shall be complied with a A precise grading permit shall be issued (MC 17 05 090) b All landscape planting irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications (ZSO 232 04) The Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain Existing trees to remain shall also be addressed by said Arborist with recommendations/requirements for protection during construction Said Arborist report shall be incorporated onto the Landscape Architect s plans as construction notes and/or construction requirements The report shall include the Arborist s name certificate number and the Arborist s wet signature on the final plan Standard landscape code requirements apply The Water Ordinance #14 52 the Water Efficient Landscape Requirements shall apply (ZSO 232) d A planned sign program for all signage shall be submitted to the Planning Department Said program shall be approved prior to the first sign request Code Requirements Page No 13 e Fire hydrants must be installed before combustible construction begins Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department (Fire Dept City Specification 407) f Fire access roads shall be provided in compliance with Fire Dept City Specification 401 Include the circulation plan and dimensions of all access roads g Park Impact Fees for the commercial component of the project shall be paid h School impact fees shall be paid i A Mitigation Monitoring Fee shall be paid to the Planning Department (the fee as of May 2004 is 10% of the cost of Pacific City EIR) Traffic impact fees shall be paid at the rate established at the time of payment The fee is subject to an annual adjustment and is based on the trip generation for the actual building square footage, units or rooms as applicable using the methodology approved as part of the project traffic impact study Based on the rate applicable prior to December 1, 2004 ($128 per daily trip), and the proposed project entitlements (12 002 daily trips) a fee estimate of $1 536 256 will be required This fee excludes any deduction for improvements to be constructed or previous land use that qualify for fee credits The actual fee for each project phase shall be calculated based on the currently approved rate at the time of payment (MC 17 65 050) 6 The following development requirements shall be completed prior to final inspection or occupancy a All street improvements shall be completed prior to the first final building inspection b All improvements as shown on the grading plans shall be completed (ZSO 255 20) c Installation of required landscaping and irrigation systems shall be completed prior to final inspection (ZSO 232) d All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval e The opening of the Village Green park for public use shall be delayed to allow a 90 day plant establishment and one year maintenance period to be completed The park shall be temporarily fenced for a period of 15 months following the completion of park improvements (Resolution 4545) f A Transportation Demand Management Plan for the commercial component of the project shall be submitted for review and approval prior to issuance of the first Certificate of Occupancy g Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped 'Permanent File Copy prior to starting landscape work Medians in First Street, Atlanta Ave Huntington Street, Pacific View Avenue and Pacific Coast Highway shall have CD (Auto CAD) and photo mylar as builts in 24 x 36 and 11 x 17 format Copies shall be given to the City Landscape Architect for permanent City record Code Requirements Page No 14 h All new and existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance In addition, all electrical transformers shall be installed underground (MC 17 64) 1 Secondary emergency personnel access gates must be secured with KNOX and association (if any) hardware (Fire Dept City Specification # 403) Courtyard, Pasco and all project pool areas must have a KNOX access installed on entry gates Please contact the Huntington Beach Fire Department Administrative Office, (714) 536 5411 (Fire Dept City Specification # 403) k 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 1 The development complies with all applicable Huntington Beach Fire Code (HBFC), Huntington Beach Municipal Code (HBMC), and/or Uniform Building Code (UBC) standards, HBZSO in Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department The use shall comply with the following a Service roads and fire access lanes, as determined by the Fire Department, shall be posted marked and maintained, no parking shall be allowed in the residential loop road, excepting the designated parking area at the northerly end of the archway opposite the Village Green If fire lane violations occur and the services of the Fire Department are required, the applicant/property owner will be liable for expenses incurred (Fire Dept City Specification # 415) b There shall be no outside storage of vehicles vehicle parts equipment, trailers, trucks, or merchandise except locations where outdoor merchandise display may have been approved by conditional use permit and depicted on the approved site plan c Restaurants with or without alcohol sales are permitted d Based upon the approved CUP, live entertainment will be allowed subject to an Entertainment Permit issued by the Police Department in three outdoor locations in the retail promenade, and within the hotel banquet area and hotel restaurant Dancing is allowed within the hotel banquet area and hotel restaurant Live entertainment shall not be allowed in the right -of way areas the PCH walkway and the 20 foot wide pedestrian corridor e Any other requests for live entertainment and/or dancing shall conform to the requirements of the Downtown Specific Plan f The three outdoor live entertainment uses shall not impede or interfere with the emergency access aisles including from the interior of adjacent commercial/retail units to exterior exit ways (FD) Code Requirements Page No 15 8 The Planning Director ensures that all code requirements herein are complied with The Planning 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 Planning Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action EIR No 02 01 Mitigation Measures, and the code requirements herein If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance 9 The applicant and/or applicant s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval 10 Tentative Tract Map No 16338, Conditional Use Permit No 02 20, and Coastal Development Permit No 02-12 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 Director of Planning pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date 11 Tentative Tract Map No 16338, Conditional Use Permit No 02 20, and Coastal Development Permit No 02-12 may be revoked pursuant to a public hearing for revocation if any violation of these requirements or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs 12 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 13 The project shall comply with the Mitigation Measures of the Pacific City Environmental Impact Report (EIR No 02 01) 14 The applicant shall submit a check in the amount of $43 for the posting of the Notice of Determination at the County of Orange Clerk s Office The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the City Council s action 15 All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements Substantial changes may require approval by the Planning Commission 16 All permanent temporary or promotional signs shall conform to Chapter 233 of the HBZSO Prior to installing any new signs, changing sign faces or installing promotional signs applicable permit(s) shall be obtained from the Planning Department Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs and removal of installed signs Code Requirements Page No 16 17 An Encroachment Permit is required from the City for all work within the City s right-of-way and a separate Encroachment Permit is required from Caltrans for all work within the State s right of way (PW) 18 A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying any commercial buildings Code Requirements Page No 17 CITY OF HUNTINGTON BEACH HUNTINGTON BEACH From Gerald Caraig To Scott Hess INTER -DEPARTMENT COMMUNICATION Ext 1575 1/16/2004 Project Location Proposed Pacific City Project (31 acres) Building Safety Development Review Comments for the proposed Pacific City Tract Map and CUP plans received 1-5-04 Grading Plan Protection of adjacent public way with regard to pedestrian traffic and structure of existing adjacent roads Coordinate with Public Works all proposed shoring work 2 The grading plan shall account for overall accessibility of the site for the physically challenged i e title 24 provisions for accessibility This should be coordinated with the principal project architect to determine location of ramps on site stairs path of travel from the public way bus stops and a path to access the proposed park (village green] from all streets with public walkways Recommend obtaining the services of a 3`d party accessibility consultant to review proposed path of travel 3 When was ground water encountered and how will this be addressed during these phases? Conceptual 1/5/2004 A construction type I-FR appears to be required for the hotel/commercial/subterranean structure [complete building analysis required] 2 A construction type of 11-1 HR appears to be required for the flats over a construction type I-FR subterranean structure [complete building analysis required] 3 A complete egress analysis/plan of all structures will be required The courts of the proposed flats may need to function as exit courts 4 Clarify egress from the subterranean structures how do these impact the courts above Exit stair terminations to grade are not clear and will need further review 5 Address impact of ground water/hydrostatic pressure to subterranean garage structure as well as run off from off site into garage structures 6 Mechanical ventilation required at all subterranean garage H 1Caraig @ HUNiscellaneous ProiectsWaafic CdylPacific City Development issues 1 5-2004 doe 7 Occupancy classification of all areas needs to be stated 8 The designer needs to show the distance to all Interior property Imes and center line of streets Wall and opening protection need to be Identified when required 9 Clear distance to other buildings on the same property and overhangs Wail and opening protection required 10 Type of construction of all buildings need to be stated 11 Occupancy classification of all areas needs to be stated Assembly or meeting rooms with 50 or more and less than 300 must be classified as assembly A-3 Assembly or meeting rooms with 300 or more must be classified A-2 1 The analysis must use 15 SF per occupant load factor for dining use 7 SF per occupant for concentrated use use 3 SF occupant load factor for waiting areas See Uniform Building Code © Table 10-A for other occupant load factors to use with other uses 12 Sprinkling will be required when the total building area exceeds 5000 SF of gross floor area of all covered spaces This is a local ordinance requirement 13 Methane bamer Contact Fire Department for requirements 14 Site plans must show final surface drainage elevations and finish floor elevation building address distance to property lines distance between building on the same property easements all required disabled access features and signage, etc 15 Elevation views must show building height measured above adjacent ground surface 16 Provide for each building a Building Code Analysis on the plans (Title Sheet) to show compliance with Uniform Building Code © 1997 edition for a) Occupancy requirements (Chapter 3) Designer shall assume R-1 occupancy classification for all dwelling portions Use standard occupancy classifications from Uniform Building Code © chapter 3 and Table 3-A for all other areas b) Allowable Area (Chapter 5) 17 Exiting (Chapter 10) Provide an occupant load analysis on the plans and provide an exit plan to show all required exit locations and extent to the public way 18 Ventilation and lighting must be provided to all portions of the buildings See Uniform Building Code © Chapter 12 for requirements 19 All buildings to be plan checked and issued a building under the term Shell Only must have this term stated on the plans 20 Buildings issued a permit as a "Shell Only' must have a note on the plans Exits from spaces may cause modification to building shell and the owner will be responsible for any structural alterations " H \Caraig @ HNiscellaneous Proiects\Pacific CdyiPacific City Development issues 1 5 2004 doc 21 Buildings issued a permit as a Shell Only must have a note on the plans Interior improvement designers must refer to original plans to comply with original assumptions of the budding shell " 22 Sods report required for this site and must include liquefaction analysis along with recommendations The recommendations must be reproduced on the plans and listed In the sheet index 23 Sods report must show distance to fault(s) Classify fault type and soil type used by the Uniform Building Code © for seismic design 24 Soils report for protection of buried pipe due to corrosion Recommendations must provide specific method to install protective materials or devices The recommendations must be reproduced on the plans and listed in the sheet index 25 Show building address on front elevation view and the site plan 26 Conditions of Approval' to be submitted with plan check documents 27 Roof Truss" drawings and calculations must be submitted with plan check documents and must not be a deferred item 28 Provide on the plans required wall and opening protection and fire resistance of wall and parapet due to location on property See Uniform Budding Code ©Section 503 and Table 5-A Distance between buildings or to interior property lines must be stated on the plans 29 Stair and landing structural framing and design of railings and handrails must be included in the design drawings of the plans and must not be a deferred item 30 Store front style framing or window walls must be included with the structural drawings at plan check submittal and must not be a deferred item 31 Identify all rescue type windows or doors from rooms used as sleeping rooms 32 Roof covering must meet a listed class C or better fire retardant rating 33 Roof or floor mounted equipment weighing 400 pounds or more must be shown on the structural framing plans and must be include in the structural analysis and provide a design for anchorage to the building frame 34 Assembly type occupancies require 100 PSF Live Load 35 "Exits used for this project requires 100 PSF Live Load This includes portions of floors, stairs exit balconies etc 36 Calculations must include the following special loads a) Seismic dead load W is the total dead load and applicable portions of other loads listed below ►) In storage and warehouse occupancies a minimum of 25 percent of the floor live load shall be applicable Parking garage is a storage type facility H \Caraig @ H\Miscellaneous Pro►ects\Pacific Cdy\Pacific City Development issues 1 5 2004 doe ll) Where a partition load is used in the floor design a load of not less than 10 psf shall be Included iu) Total weight of permanent equipment shall be included 37 Structural calculations shall be prepared to comply with the with Uniform Building Code© 1997 edition a) Assume Na = 1 3 and Nv = 1 6 or compute lower value for distance from fault b) Assume Roe factor is 15 or compute lower factor but not less than 1 c) Calculations must show load combinations used by UBC Sections 1612 2 1612 3 and 1612 4 d) Show the earthquake force E Em and S2o In the calculations 38 Provide analysis to meet setback requirements by Uniform Budding Code O Section 1633 2 11 of setback distance to property line walls or distance between buildings on the same lot Show provided setback distance meets or exceeds required minimum setback 39 This facility needs elevator access to the upper floors 40 Building must not be located over utility easements 41 Design all commercial facilities to provide bathrooms for each tenant and their use Refer to Uniform Plumbing Code (CPC) Chapter 4 and Table 4-1 for required facilities Show bathroom facilities provided meets or exceeds the required minimum and comply with the Disabled Access Standards of the State Building Code 1998 The total number of female facilities must be equal to the total number of male facilities as required by footnote 14 of CPC Table 4-1 42 Footings or footings with curbs supporting wood framing must be shown on the Grading Architectural and Structural drawings for required 6 above adjacent finished grade or finished pavement 43 Parking garage occupancies will need to have a clarifier installed as required by the budding and plumbing codes 44 All food preparation occupancies will need to have a clarifier or grease interceptor installed as required by the budding and plumbing codes 45 Food preparation areas will require Orange County Health approval Provide a letter from the Orange County Health Agency stating the project is approved prior to permits issued 46 Design all residential buildings with height of over 2 stones with yards of 4 feet minimum See Uniform Budding Code Section 1203 4 2 for residential occupancies to determine the required clear yard width 47 Elevators in four storied or more buildings are required to have stretcher type cabs H \Caraig (d HVisceilaneous Pro)ects\Pacific City\Paufic City Development issues 1 5 2004 doc 48 All areas of newly designed or newly constructed commercial buildings and facilities shall be made accessible to persons with disabilities as required T24 sec 1103B 1 and sections 1104E to 1110B for occupancy types and facilities covered by 1114E to 1126B 49 All areas of newly designed or newly constructed covered multifamily dwellings buildings and facilities shall be made accessible to persons with disabilities as required T24 sec 1103A and 1105A 50 All areas of newly designed or newly constructed hotel motel or resort buildings and facilities shall be made accessible to persons with disabilities as required T24 sec 1103B and 1111 B and facilities covered by 1114E to 1126B 51 The proposed park shall be accessible to people with physical disabilities 52 Identify all rescue type windows or doors from rooms used as sleeping rooms 53 Walls and floors separating units must meet one -hour minimum fire -resistive construction and meet the state standards for sound reduction 54 Floors separating units or over parking spaces not associated with the dwelling must meet the required sound reduction values 55 Floors separating units or over parking spaces must meet the required hourly fire resistive rating for the occupancies involved 56 Designer must coordinate between all trades associated with fire protection devices and construction assemblies 57 Roof covering must meet a listed class B or better fire retardant assembly 58 Noise Study when required by Planning must be submitted with plan check documents The recommendations of the report must be incorporated in to the construction details and reproduced on the plans 59 Building permit final inspection of any building or phase of construction requires a certification of fire protection of structural members installation of fire and smoke control protective devices alarms and visual emergency devices by a qualified inspection firm will be required The Uniform Administrative Code @ Section 302 5 requires the architect to employ an inspection firm and this firm is to meet the provisions of section 306 1 10 3061 14 306 2 and 306 3 60 Protection of pedestrians at project boundaries 61 It is recommended that the developer or pnncipal architect secure the services of a building code consultant to go over building analysis, construction, life safety, and accessibility issues and to secure a report by which dialogue can be started with the building department. This will stream line the design and plan review process as major code issues can be discussed and resolved prior to preparation of working drawings H \Caraig @ H\Misceilaneous Prolects\Pacific Cdy\Paafic Ctty Development issue% 1 5 2004 doc RCA ROUTING SHEET INITIATING DEPARTMENT: Planning and Public Works SUBJECT: Approve Final Tract Map No. 16338 and Agreements (Pacific City) COUNCIL MEETING DATE: August 20, 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) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not plicable Commission, Board or Committee Report (If applicable) Attached ❑ Not A plicable Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS' RCA Author: SH:HF:AG:sh • J. LA CITY OF HUNTINGTON BEACH Interdepartmental Communication TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JENNIFER McGRATH, City Attorney DATE: August 20, 2007 SUBJECT: Late Communication August 20, 2007, Agenda Item E-20 Please replace Page E-20.68 of Agenda Item E-20 with the attached revised Page E-20.68 (Attachment 1). The revisions to the original page are necessary to correct a typographical error. C JENNIFER McGRATH City Attorney Attachment: Page E-20.68 of Agenda Item E-20, August 20, 2007 meeting c: Joan Flynn, City Clerk lPenelope Culbreth-Graft, City Administrator 13495 ''I . � �!'j M ", #'J C,04 provide coverage in not less than the following amount: combined single l/nia odily injury a property damage, including products/completed operations liability and blcontractual liability, of One Million Dollars ($1,000,000) per occurrence. If coveragevided and a form which includes a designated general aggregate limit, the aggregate list be no ess than One Million Dollars ($1,000,000). Said policy shall name City, its o, and e ployees as additional insureds, and shall specifically provide that any other insuranself surance which may be applicable to all activities to be undertaken by Declarant cong eMaintenance Areas affected by the License shall be deemed excess coveraatDeclarant's insurance shall be primary. Under no circumstances shall saide mentionedinsurance contain a self -insured retention, or "deductible" or any similar flimitation onthe required coverage in excess of Twenty Five Thousand Dollars ($25,00 17. Certificates of Insurance: Additiona commencing performance of the Maintenance Responsibilities, D/eene n certificates of insurance subject to approval of the City Attorney insurance coverage as required by this Agreement; said certificatl: fnents. Prior to t shall furnish to City ing the foregoing (a) provide the name and policy number of ach carrier and policy; and (b) shall state that the policy is currently ' force; and (c) shall promise to provide that such olicies will not be canceled or modified without thirty (30) day prior written notice to City. Declarant shall maintain the insurance force until this License is terminated. contemplated in Sections 10 and 11 in 5601-41829\AGRM7 \ 685235.10 8/14/07 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 One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). Said policy shall name City, its officers, and employees as additional insureds, and shall specifically provide that any other insurance or self-insurance which may be applicable to all activities to be undertaken by Declarant concerning the Maintenance Areas affected by the License shall be deemed excess coverage and that Declarant's insurance shall be primary. Under no circumstances shall said above mentioned insurance contain a self -insured retention, or "deductible" or any similar form of limitation on the required coverage in excess of Twenty Five Thousand Dollars ($25,000.00). 17. Certificates of Insurance: Additional Insured Endorsements. Prior to commencing performance of the Maintenance Responsibilities, Declarant shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; said certificates shall: (a) provide the name and policy number of each carrier and policy; and (b) shall state that the policy is currently in force; and (c) shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to City. Declarant shall maintain the insurance coverage contemplated in Sections 4-015 and 4 - 16 in force until this License is terminated. LEGISLATIVE DRAFT 6 5601-41829\AGRMT1 685235.10 8/14/07