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HomeMy WebLinkAboutApprove Final Tract Map No. 17238 and authorize execution ofDept. ID PL 14-022 Page 1 of 3 Meeting Date: 12/15/2014 ,�jO�UVG� `7L—•Z a ,may ,�,�, - 4151 �l CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 12/15/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve Final Tract Map No. 17238 and authorize execution of a Subdivision Agreement for the Fairwind Subdivision by TRI Pointe Homes at 10251 Yorktown Avenue (former Lamb School Site) Statement of Issue: Transmitted for your consideration is Final Tract Map No. 17238 for the Fairwind Subdivision by TRI Pointe Homes located at 10251 Yorktown Avenue (north side of Yorktown Avenue, east of Brookhurst Street). This subdivision map creates 80 residential lots as a Planned Unit Development at the former Lamb School. Financial Impact: Not applicable. Recommended Action: A) Approve Final Tract Map No. 17238 and accept the offer of easements pursuant to findings and requirements (ATTACHMENT NO. 1); and, B) Approve the Subdivision Agreement between the City and TRI Pointe Homes, Inc., a California Delaware Corporation, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 5). Alternative Action(s): The City Council may make the following alternative motion: 1. Deny Final Tract Map No. 17238 and reject the offer of easements. 2. Continue Final Tract Map No. 17238 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant/Property Owner: Thomas Grable, TRI Pointe Homes, LLC, 19520 Jamboree Road, Suite No. 200, Irvine, CA 92612 Engineer: Walden & Associates, 2552 White Road, Suite B, Irvine, CA 92614 Location: 10251 Yorktown Avenue (north side of Yorktown Ave., east of Brookhurst St.) Item 6. - I FIB -48- Dept. ID PL 14-022 Page 2 of 3 Meeting Date: 12/15/2014 General Plan: RL-7 (Residential Low Density — 7 dwelling units per acre) Zone: RL (Residential Low Density) No. of Acres: 11.65 acres No. of Numbered Lots: 80 No. of Lettered Lots: 15 B. BACKGROUND: On October 23, 2012, the Planning Commission approved Tentative Tract Map No. 17238 to subdivide approximately 11.65 acres into 81 numbered lots and 8 lettered lots for development of detached residential dwellings as a Planned Unit Development. A motion made by Mantini, seconded by Franklin, to approve Tentative Tract Map No. 17238 with findings and conditions of approval, carried by the following vote: AYES: Shier Burnett, Peterson, Mantini, Franklin, Ryan NOES: Bixby ABSENT: None ABSTAIN: Delgleize On October 25, 2012, Mayor Pro Tern Dwyer appealed the Planning Commission's approval of entitlements including Tentative Tract Map No. 17238 to enable the Council to review the proposed project entitlements concurrently with the legislative amendments. At the November 19, 2012 City Council meeting, a motion made by Hansen, seconded by Carchio, to approve Tentative Tract Map No. 17238 with findings and conditions of approval, carried by the following vote: AYES: Harper, Dwyer, Hansen, Carchio NOES: Shaw, Boardman OUT OF ROOM: Bohr ABSENT: None ABSTAIN: None Pursuant to Entitlement Plan Amendment No. 2013-004, the tentative map was subsequently amended on October 1, 2013, to convert one of the residential lots to a common open space lot and revise remaining residential lots, which results in 80 numbered lots and 15 lettered lots. The subdivider will satisfy park and recreation requirements by making physical improvements to the 2.6-acre unimproved future public Lamb park located southwest of the project site as well as payment of Quimby Act Park Land In -Lieu Fees. The proposed park improvements consist of a 150 feet by 240 feet multi -use practice field, two 60 square -foot tot -lot play areas, half -court basketball court, shade structure, picnic table, benches, bike racks, an approximately 31 onsite space public parking lot, irrigation, landscaping, and sidewalks in and around the areas of the parking lot and tot -lot play areas. Construction of the adjacent park improvements and payment of the parkland in -lieu fees exceeds the project's Quimby Act requirements. In addition, the project is required to provide 8 affordable units to meet obligatory Affordable Housing requirements. On March 4, 2013, the City Council approved the Inclusionary Housing HB -49- Item 6. - 2 Dept. ID PL 14-022 Page 3 of 3 Meeting Date: 12/15/2014 Agreement between the City and TRI Pointe Homes, which provided funding to an off -site affordable housing project and satisfied the project's required affordable housing requirements. C. RECOMMENDATION: The final map has been examined and certified by the Departments of Public Works and Planning and Building and the City Engineer on November 10, 2014, as being in conformance with the conditions of approval of the tentative map, as filed with and approved by the City Council on November 19, 2012. Environmental Status: This action to accept Final Tract Map No. 17238 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Enhance economic development Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Tract Map No. 17238 4. Tentative Tract Map No. 17238 Findings and Conditions of Approval 5. Subdivision Agreement 6. Bonds (Monument, Labor and Material, Faithful Performance) SHXDC:JJ:JA Item 6. - 3 xB -50- ATTACHMENT # 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Man: 1. Final Tract Map No. 17238 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 17238 conditions of approval, as approved by the City Council. Requirements: 1. Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No. PB03010401486 (Attachment No. 6) b. Labor and Material Bond No. PB03010401486 (Attachment No. 6) c. Monument Bond No. PB03010401487 (Attachment No. 6) 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. HB -51- Item 6. - 4 ATTACHMENT #2 GARMLD W was VICINITY MAP FINAL TRACT MAP NO. 17238 FORMER LAMB SCHOOL - FAIRWIND SUBDIVISION 10251 YORKTOWN AVENUE Item 6. - 5 HB -52- ATTACHMENT #3 SHEEP 1 OF 5 ER NUMBOF LOB: 80 NUMBERM 15 Le"TTERED .ACREAGE: 12.413 ACRES GROSS TRACT�' �� 238 AND FILED AT THE Atnm5r OF FIRSTTAME ANERICICANI RTLE COMP.WY 11.659 ACRES NE': M1'E DATE OF SURVEY: JANIJARY 20t4 BEING ALL 0., TENTATYE iN THE CITY OF HUNTIINGTON BEACH, COUNTY OF ORANGE TAME TRACT NO. nz B FEE 9 STATE OF CAUFORNIA INs pumwr; BEING A SUSDMSION OF A 7OR104 OF THE SOUTHEAST 1/4 OF THE NORT4WL5T 1/4, BOOK PAGE AND a PORTION OF THE SOUTHWEST 1/4 OF THE Noffilg ST 7/4, OF SMION TOWNSHIP B SOUTH, RANGE 10WEST, !N THE RANCHO LAS BOI_S4;, AS SHOWN ON THE MAP FILED IN BOOK 51, PACE 12 OF MISCELLANEO(F NAPS, Ht1GH NGtiYEN GH IN THE OFFICE OF THE COUNTY RFCOROER CF ORANGE COUNTY, 4:NJFORNM COUNTY NK-RECORDER 9Y WALDEN & ASSOCIATES DEPUTY JEFFREY A. WALDEN, P.L.S. 7914 JANUARY 2014 OWNERSHIP CF'RTIPICAM: ME. THE UNNDE.--iGJED CITING ALL PARTIES NAMING ANY RECORD TRUE INTEREST Ti IN ff LAND CO =RED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP. AS SHOWN MTiHIN THE DW-NC-K BORDER UNL riT HEREBN! OMICATE IN FEE TO THE CITY OF HJNTINWON BEACH LOT -C- FOR PUBLIC PARK PURPOSES. WE ALSO 40MY DEDICATE AN EASEMENT TO THE PUBLIC FOR SPREE• AM PUBLIC LML1Y PURPOSES OVER: YORKTOWN AVEKLE WE ALSO HEREBY DEDICATE 'O THE G^:Y OF HUNTINGTON REACH; +.. AN E`BENENT OVER LOW "C THROUGH LOT "N" NCLU'SIME (THE 'PRIVATE STREETS') ANC ALL OF LOTS 'e. *C,, AND E' WtfH:N SAID :HACt FOR POUCE, FIRE Arlo ACCESS PURPOSE,,. 2. AN FJISEMEHT OMER L015 '4: IT'nOUG4 LOT -NP INCLUSIVE (THE-PRNYATE S-.REEIS) AND ALL Or LOTS "Ft, "C7, AND E' MITHIN SMD TRACT FOR PUBLIC URLITY PURRKI 7. AN EASEMENT GIVE � LOTS -G- PiR000I, LOT '•N' NCwSNE (74H •pwA7E STREETir77 AND A.1. OF LOTS B, 'C, AND E IUB THN SAID TRACT FOR PLX: WATER FAgLtINES. 4, AN CASEMENT OVER LOTS •'Et THROUGH LOT "N' IN11.USIVE CTHE-PRNA-E STREETS") AND ALL OF LCS*BF,', 'Cr, AND E WITHIN S,VID TRACT FOR PUBLIC SEWER FACILITItSS, 5. AN EASEMENT (NC'R A PORTION OF LOTS -D- AND 'C' FOR PEDESTRIAN ACCESS AYO PUBUC SIDEWALK PURPOSE; AS DEDIGSEV, HEREON, S. T4E DOMESTIC WATFF AND SERER SYSTEMS AND APPU'RTEMANDES AS SHOWN ON THE IMPROVEMENT PLANS 'OR 11-15' TRACT. 7. TkE ACCESS RICH TS IN, OVER, ACROSS. UPON AND 141ROUGH THE'PRNATE STR6:75' AND EAS[MHOMTS TW11iN SAID TRAOT, FOR TN_ PURPOSES OF MAINTAINING, SETYYN1Nv, CLEANING. REPARINC AND REPLACING THE PUBLIC WATER AND SEWF'R SYSTEMS AS DEDICATED HEREON. WE A_SO NEREE' RELEASE AND REINOUSR TO THE CTY OF HUNIMR)N REACH:; ALL VEHICULAR ACCESS RIGHTS TO YORKTOWN AVENUE EXCEPT AT ALLL'Ai L(KATICNS A'PRET TD M THE PLANNING COMMISSION. WE HEREBY RESERVE UNTO OURSELVES, SJOCESSORS. Aa-SIGNEES AKE: LOT OWNER WRi#N THIS TRACT. LOTS "A' TNHRDl1 - L.LLSNAND -- INCE, ALOTS -T THROUGH -M INCUJSNE (PRIVATE STTffLIS, DINNER, TW POINIE HOMES, INC., A DELAWARE COW74ATDN NAMEITHCMAS J. MITCH:ELL 8Y- _.. %fsY/ / •� TTTLL 'R ESIDENT NAPE: FHOMAS GG DRABLE TILE: NICE PRESIDENT SEE SHEET 2 FOR NOTARY ACKNOWLEOGFWMS AND SIGNATURE OMISSION. CITY CLERK'S UnE ATE: STATE OF CALJFORNIA CITY 3- HLIJ IINn: 1, iEM.H 55 COUNFN OF ORANGE . I HERE79Y CERTIFY THAT THIS MAP WAS PRESENTED FT.R APPRYTVM. � THE CITY DOURO: OF THE CITY OF H w7hwom BEX:H, v. A REGULAR MEET'NG THEREOF HELD ON THE � DAY OF 2D^.4. AND THAT -HEREIJON SAID COL'NDiL DD, _ BY AN ORDER CULY PASSED AND ENT]IM. APPROVED SAD MAP. I HE?:BY ACCEPT ON BEHALF 0: THE PUBLIC:' YORKTOWN AVENUE, FOR STREEF AND FUBJC UTEJTY PU:`S'C.:LS AS UEFIUATED HE —WON. SUBVEGT TO LMPROVEM[N-9 BEING vOKSTRUCTED N ACCORDANCE WITH C7' STANDARDS. AND DID ALSO ACCEPT ON REHAL.F CF TH.L CITY OF H UNTINfTON BEAOI: 1, THE DEWCA'10% N FEE OF LOT "C" FOR PARK PuRPOMS, AS DEDICATE0. SUD;EGT TO IMPROVEMENTS BEING CONSTRUCTED IN ACCORDANCE. WITH CITY STANDARDS_ 2, THE EASEMENT OVER LOTS 'C' THNROjGH LOT "M NCLLSNE (THE "PRIMATE STREETS') AND ALL OF LOIS'W.'C". AR) I' WITHIN SAID TRACT FOR POLICE FIRE, AND PUBLIC ADMSS PURPOSES AS DEDICAM' 3. THE EASEMENT OVER LDTS'Dr THROUGH LOT'N INCLUSIVE (THE "PRIVATE SIFEEIi') AND A.I. (IF LOTS 'B, 'C', ANO I' MT104 SAID TRACT FOR PUBLIC UTUTY PURPOSES AS DEDICATED. 4. THE EASEMEIdR OVER LOTS'G THROUGH LOT -M INGLUSNE (THE PRIVATE STREETS') AND A.L. OF L(ITS 'T,'C', AND I' WTHIN SAID TRACT FOR PUBLIC WATER FACUI'CS AS DEDICATED. SN THE LASEMENT 0VER LOTS -T THR•OUCN LOT "If INCL':ISNE RHE *PRIVATE STRERS) AID ALL 4 LM "B•, 'C', AND I' WITY:IN SAID TRACT FOR PUBLIC SEWER FACUDES AS DE.OICATEU. A THE EASEMENT OVER A PORTION OF LOTS '0' AND 'C.. FOR KOFSINIAN ACCESS AND PUBIC SID17WA.1( PURPOSES AS DEDICATED. 7. THE DOMESTIC WATER AND SEWER SYSTEMS AND APPURTENANCES AS SHOWN ON 714E IMPROVEMENT PLANS FUR THIS TRACT AS DEMK AT_D. B. THE ACCESS RIGHTS IN, OVFF.. ACROSS. UPON AID THROJOH THE 'PRIVATE SIRMS' AND EASEMENTS WITHIN SAU TRACT, FTJH "TIE PURPosCB OF MAINTAINING, SERMICING. CLEANING, ?EPAI ND AID REPLACIN3 THE PUBLIC WATER AND SEWER SYSTEMS AS DEDICATED. 9. THE VEHICULAR ACCESS RKL M TO YORKTOWN AVENUE AS RELEASED AND RELNDUISHM AND DID ALSO APPROVE SUBJECT RAP PURSUANT TO THE PRD,=043 Of SEC -AN, 86436(A)(3)(A) OF THE SL'BDIVASiON MAP MCI'. INS,; STATEMENT WIU. IA I. EFFECT i1PON THE DATE. IN WHICH THE COUNTY OF ORANGEAPPROVESS APPROS THIS MAP AS TEIC INIECT. C1LLY CORR DATED THIS _ ❑4Y DF . 2Gi4. JOAi L. -L.YNN BY: CITY CLEFS( OF THE CITY OF HWITIN:"TCN BEAd4 DEPUTY SURVEYOR'S STATEMENT: hAS MAP WAS PREPARED DY ME OR UNDER LIY DIfirCDON AND IS BASED UPON A LLD SURMfY IN CONFORMANCE WITH THE RMUP.DAEN;S OF THE SUBDIVISION MAP ACT AND LOCAL ORDNANCE AT THE REDUE5i OF TOM CRABLE 0 4 DECEMBER 2012 I HEREBY STATE 7H/AT ALL MONUMENTS ARE OF THE C1-ARAMER AND O[TUFY 1HE PCSI'CONS !NCICgTEC, OR TF'.iT TFMY WILL_ BE SET IN SUCH POSTTONS M71HIN iD ;PAYS AFTER ACCEPTANCE CF IMP?OVENENTS AND DAY SAID MONUIEKM ARE S" ARUFFICENT TO ENABLE -4--SURJ'_l• TO BE RETRACED, I NLRFTT( STATE THAT THIS FINAL MAP SAXISTANTVLL- OCNFORMS TO THE CONDITION--LY APPRCI TFNTA7TVE AND. A WALDEN DATE > ` 7914 I-MRATION DATu 12-31IN, 71,A .-15 fry.4 C. NTY g1TMM1YOR'C 5fAT M NT- I HEREBY STATE THAT I hAN F.xANNED THIS MAP AND NAVE FOUND THAT ALL MAP -;NO PROVISNTNS OF THE SUIrATS.ON MAP AC' HAVE BEEN C-0MFLIED WITH AND 1 AM SATISFICD SAID MAP IS TER.SINK-WELLY CORRECT. DATED THIS _ OAY OF ._. 2011- KENN R. M-j!S, Cli'UNTY SURVEYOR LS 6617. EXPIRATION EATS 12-31-•.5 BY: CPNG S. WEHRMANL CHIEF DEFDTY SU -OR PROWL: 1 HEREBY STATE THAT 4 HAVE EXAMINED THIS NAP AND ii4VE FOUND 1T TC BE SUBSTANTIALLY N CONFORMANCE WITH THE TETN7A7WE NAP. AS FILED WITH, AMENDED AND APPROVED BY THE Cltt PLANN4INO COMMISSION; -HAT ALL PRCNSCNS OF THE SUBDNASON MAP ACT AND CITY SUBEXASION REGULATIONS FN;iE BEEN C6NPLED WITH. THIS STATTLMENT MIL TAUT EFFECT UPON THE 047E N WHICH THE COUNTY OF ORANGE APPROVES THIS MAP AS TECHNICALLY CORRECT. DATED THIS /-TM DAY OF /�lBf/fA16CC, 2D14. THOMAS M. HI7IBDF,. • - - CITY ENGINEER OF HUNJTNGTON BEACH SCE 40. 53300 EXPIRATION DATE: 06/30/15 CRY PLANfj1N I. SCOTT HESS, SECRETARY TO THE PIANNG CC1MMISSV1 OF FIDE COI' OF HUNT NGTON BEACH, CNJFORNIA CC HEREBY CU?W' THAT I RAMS EXAIIIIIIHED THIS MAP ANO MAN FOUND IT TO BE SUBSTANTIALLY ME SAM AS THE TENTATIVE MAP FILER TITIFL AMENDED AND APPROVED L: THE UNTNCTGN BEACH CITY PLANNING COMMISSION. DATED THIS 3'd DAY OF A 011, , 2014, (i j _ t�• p S(:EITT HESS SEYRRARY TO ME CITY Or NUMIHGTON BEACH PLANNING CONM1551T1N EnLITMrY TTffASURER_TIOj_COLCTOR'S cETmFICAT� STATE CF CALfORNIA 55 u(IUH1Y OF ORA NICE ' I HEREBY CERIH-Y THAT ACCOP.C'NO TO THE RED0JDS OF MY OFFrT, THERE AVE R0 UENS ABNNS THE LAND OVERED BY THIS MAP OR ANY PARTHEREOF FOR UNPAID STAR COUNY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMF.Ni'S COUEM: .`) AS TAXES, EXCEPT 'L.AXES DR SFECIAL ASSF:SSHA.ENIS COLJI.K,TLP AS TREE? NOT YE" PAYABLE. AND DO CIERIFY 10 THE RECORDER OF ORANGE COUNTY THAT ME PROASOi: OF THE SJSDWI.SIDN MAP ACT HAVE BEEN O(INFLED WITH REGARDING DEPOSITS TO SECURE PAYMEN" OF TAXES DR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP, DATED THIS DAY OF - 2014. SIARI I., FREJDENIRICH COUNTY TREASU ER -TAX rq,LEO-OR BY: ......... _.._—_............... . DEPUTY TTLE'ASUR.R-TAX COLLECTOR HB -53- Item 6. - 6 SHEET 2 OF 5 NUMBER OF LOTS: 80 NUMBERED 15 LETTERED ACREACE: 12,413 ACRES GROSS I I.659 ACRES NET DATE OF SURVE: .IANUARY 2,114 BEING ALL. OF. TENTATNE TRa;^T ND. 17z3a TRACT NO. 17238 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA WALDEN & ASSOCIATES JEFFR=Y A. WALDEN. P.L.S. 7914 JANUARY 2014 NOTARY ACKNOWLEDOMENT STATE OF CALIFORNIA COUN71 OF 0('QA3C., a pi QC`i- 7G4- ID )2019— ,f� BEFORE NE, r.`.Fy�_i -r Willts 0- 1pybuc- .....__— r �1 PERSONK.LY APPEARED WHO PROW-0 TO ME ON '74E BASIS OF SATISFAMOV Env 0 F. Tl+ ?ERSON(S) W.40SE NAME S'. JP:'ARE SUBSCRIBED TO THE WITHIN iNSTRLIMENT AND ACKHOWLEDGEA TD ME THAT '$N� /:HE7 EX_ THE SAAly N yyyR�5� `THEIR WTHOR12E0 CAPACITY('ES}, AND TH4T 87 ENTRY UPCN BEHALF OF WHIC!!!!l1117117 /!ERjTHDR SICNATIiRE(Sj ON THE INS'IRU n THE PERWN($). OF. THE THE PERSOM(S) ACE®. EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFIMNA THAT THE FOREGOING PARAGRAPN S TRUE AND CORRECT. WITNESS kY H _-� kY PRINCIPAL PLACE OF BUSINESS 15 INpT .... _ �__._ cDum. SIGNATURE ` NOTARY RU`B ..ylAnD FOR SAID STATE MY COMMISSION EXPIRES � �y �D,.��: rL II14 .,}'. j,()71 i1S MY CMNISSION NUMBER. RMAIE } STATE DF RKLA SS COUNTY OF ON .....__.___-__..............______......... ............. BEFORE ME, .. NALL7 APPFA�D ^APACITY(ES), AND THAT RY HL5/HFRJ`:AF.iR SNOMA7�� UMENT 7HE PERSON(S), 0R D E ENTITY U.OL 9D44LF OF WHICH THE PEASON(S) A'NSIRJIAENTI CERTIFY UNDER PE 1ALTY OF PERJURY UNDER RE OF CALIFORNM THAT. 'THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. MY PFMN.^I?Al PLAC -BUSINESS WITNESS MY HAND. IS !N COUNTY. SIGNATURE NOTARY PUBL. AND FOR SAID STATE MY COMMISSION EXPIRES MY COMMISSION NUMBER ME: FANCIED) slcNatuaE oFAlss= PUR3IAM M THE PROVISIONS OF SECTION 66436 (a)(3j(A) OF THE SIBWASKIN MAP ACT, THE FOLLOWING SGNATURES HAVE BEEN OLIRTEO: 1. "OI74S.4 CALIFOMiA. GAS ❑OMPAiY, A CALIFORNIA CORPORATION. ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSVE EA5ENENT ECR FA31UTIES. INGRESS AND EGRESS AND INCIDENTAL PUPWOSES. RECORDED OCT'OBER 9. 2OT4 AS RISTRUMENY NO. 2D1400D410849. OFFICIAL RECORDS. (LOCATION IS NG� PLOTTABL.E FAOM RECORD DOCUMENT). PURSUANT TO THE PROW51ON5 OF SECTION 66436 N(3)(C) OF THE SUBDPASTON MAP ACT, THE FOLLOWNG S1014XURES HAVE BEEN OMITTED, 1. WALTER R. GISLER, HOLDER OF AN UNDNAIED E^,TH INTEREST IN ALL OIL, CAS AND MINERALS RIGHTS, PESERYTL IN DEED RECORDES FEBRUARY 5. 1048, IN 9DDK 1629. PAGE 3-so. OF OFFICIAL FE9iL CO (LOCATION NOT PLDFABLE; ALL MNEAOL REANTS ME SLANKETL IN HA(URE). MON FM tyT N'Tic'S� INDICATES FOUND O.C.S. GPS CONTROL POM AS NOTED BELOW. FAIW BRASS TAG AND TACK N. CONCRETE, ILLEGIBLE DOWN 1.2' IN SURVEY. WELL MONUMENT PER 0 ATY OF ORANGE CORNER RECORD CKAGUMENTI Wr 2011-2641 B. POW 15 LD^CKIZ AT CENTiAUNE INTERSECTION OF MORKTONN AVENUE AND BRODf(HU1-- STREn SAID POINT ALSO LING MRS NUMBER 5043, PER RECORDS ON FOIE IN THE OFFICE.'. OF THE CWP41Y SURVEYOR. LTFOUND LEAD A40 TACT! WITH TAG STAMPED 'US 5411' PER OOME( OF ORANGE CORNER RECORD DOCUMENT KIM 20C9-2651 B, FLUSH. POINT S LOCATED AT NE CENTERLINE I4TELLAEf710N OF YOPor(YXN AVENUE AND WARD STREET. SAID PD N': ALSO BEING THE SAME LUCATKON AS CPS NUMBER SICK, PER RECORDS ON FILE IN THE THE OFFICE OF T CCUNIY SURVEYOR, • INDICATES FOUND MONUMENT AS NOTED LIELOW LUST FOUND GWR SPIKE AND WASHER STAMPED %5 5411'. PER COUNTY OF ORANGE CORNETT RECORD COICLMENT ND. 2DO9 -2313 a FLUSH. LrFOUND GEAR SPIKE AND WASHER SFAMPED'S 5411 , PER COUNTY OF ORANGE CURIN RECORD DOCUMENT NO. 2009-23!5 B. FW-94. .� FCJND SPIKE AND WASHER STAMPED %S 6970", PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO, 2CO2-1898 Ei FUSH. ('8T SEAA TED FOR FOUND NOTHING. ESTABLISHED AS CQITERUMC INTERSECTION OF MAUNA LAN. AND HALAWA DINE PER TRACT NO. 4315. M.M. 184/12-18. +Lfi, FOUND GEAR SPIKE AND WASHER STAMPED 'LS 697d, PER COUNTY OF ORANGE CORNER DOCLAEM'a �2-1783. FLUSH. ACCEPTED AS POINT ON CENTERLINE HALAWA IID6'AE WITH UPS 8FWPSrCTICN OF THE EAST LINE, WEST HALF. NORTHWEST QUARTER OF FRACTIC+LAIN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 11; WEST N THE RANCHO LAS BOL.SAS, PER TRACT ND. 4306. U.N. 164/12-18. I$j SEARCHED FOR, FOUND NOTHINC-. 71 FOUND PUNCHED RAILROAD SAKE PER ORANGE COUNTY CORNER RECORD DOCUMENT NO. 2A02-1697A. FOUND DOWN 020', ACCEPTED AS CENTEFUNE INTERSECTION OF KAMUELA DKNE AND PTIGIRN LANE PER TRACT N0. 4708. M.N. 21S/10-12, Ea FOUEFJ PUNCHED RAILROAD SPIKE PER PER TRACT NO. 4708, M.M- 219/10-12. FLUSI, MUND GEAR, SPIKE AND WASHER STAMPED `LS 541 E, PER COUNTY OF ORANNE COMER RECORD OCCVYENT NO. 20DO-2110 B. FLUSH. QFOWID GEAR SPIKE AND WASHER STNIVED `LS 5411' PER COUNTY OF ORANDE CANER RECORD DCOMENT NC. 2709-2317 B. PA.U54. ACCEPTED AS SW COMM TRACT NO. 471:8, M.M. 212/10-12. FuuND CEW SPIKE AND WASHER STAMPED "S 5411. PER COUNT" OF ORANGE CORNER RECORD DOCUMENT N0, 20O--2316 S. FLUSH. ACCEPTED AS CENTERLINE INTEFSECTICN ORMTgVN A.TTUF AHD U,NRERRA LANE PER TRACT 140. 411M, M.M. 184/29-51. FOLNO GEAR SPIKE. AND WASHER STAMPED "LS 5411'. PER COUNTY OF ORANGE CORNER RE^DRD DOCUMENT NC. 2009-2314 B. FLUSH. ACCEPTED AS SE CORNER TRACT NO. 431T5, M.M. 164/12-18. 0 INDICATES MONUMENT TO BE SET AS NOTED BELOW. .,fig'. 7 IRON P-.PE WITH TAG STAMPED -P.L.S- 7914' OR SPICE AND WASHER STAMPED OR LEM AND TAG STAMPED 'P.L.S. 7914' TO Pc SF7 PRICK 7O RFPt1RDA^GH OF T1+S HAIR 2" IRON MPH: WTIH TAG STAMPED 'P.LS 7914' OR SPIKE. AND WASHER STAM I) 'P.LS. 7914', OR IFAD AM) ITN SIA11, "P.i..S. 7914' iP. R ct-r AT ACT. 1RM1' BOUNLV YY CORNERS .1,IN ^'I PAYS AFTER I _PTAVI`E FF '1mRCVEM[NTs JIiL5 EIi�FWISE NOTED LEAD AND TAG STAMPED 'P.L.S, 791,r OR SPIKE AND WASHER STANPEO'P.L.& 791A" ^? 9G SET ON A 9.75' OFFICE- ON THE, FRONT PR"ECADN$ OF All. LOT JNES ANO RA�IAI, ON AIA. OTHER FRONT CORNERS ABUTTING THE STREET: WI ^O Mye AFT=R A^.n'PTANCE OF IMPRCIMMENTS UNL£E 1ESE NOTF�, SPIKE AND WASHER STAMFED'PLS. 7914' :W a- SET AT CENTERLINE CONTROL (E.C- B.C., AND CEMTER'..INE NSERSECTIOBS) OF ALL PRIWTE STREETS,. 117.+.gi)y.._OO-j)p„yS_AFREF...BGGEF..I521CzE._OF. UdE8:1YEMENM_ UNLE55...9.i1.#.ENME..NOTED,D, Item 6. - 7 xB -54- SHFET 3 OF 5 rl/-' "1NMUE14CRE4+E:O121413 ACKM O RUSSC TRACT T NO. 17238 , Qi A3O5 � HNAY;R DR'"h'� � 15 L�fF.RED ..11 ACRES NET DATE OF Si7RVEr': JMUARY 2014 C� T$&)N4 - '1 0a� ODNO ALL OF: TENTAINIF IN THE CiTY OF HUNTINGTON BEACH, COUNTY OF ORANGE .(r ',- - L� �a. uu' I WICT NO. 1,7235 1 NNO '` L2''' lw� ' STATE OF CALIFORNIA I N en z13Tti1�' ) ED1.77'.� n N B9"2g 3d' 6' 1 WK-DEN & ASSOCIATES—s5.0+' z7.csw— / JEFFREY A. WALDEN, P.L.S. 7914 �� Inv Nall JANUARY 2014 ` LeT26 j SEE S4ET_T 2 MR MONUMENT NODS. '\ DETAIL 'A' / SEE SH-= 8 FOR LINE AND CURVE TABLES. 5Lit{M6Y NOTES: �SY�ALr 7`--ji (Rt; INDICATES REDOM DATA PER GRANT DEED RECORDED 11-2S-05, DA.AtiS OF BEARINGS• AS INSTRUMENT ND. 2005001010173, 0.R_ THE BEARiNO3 SHOWN HEREON ARE BASED ON THE BLARING BETWEEN U.0 �. HORIZONTAL CONTROL (w) INDICATES RECO:iO DATA PER TRACT NO. 47D6. M.M.- 21B/1C-12. STATION CPS N0. 5043 AND STATION GPS NO. BD44 P.FING NORTH •Si'J0'GS' WEST PER R�CRDS ON ITS IN THE OFFICE OF THE ORANGE. COUNTY SURVEYORL (R:) INDICATES RECORD ONTA PER TRACT NO4305, MN1114/12-18. pgjy UST 7[FME9r. (R4) INOICA`US RECORD DATA MX TRACT NO. 4883. M.M. 16-/25-31. CCORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CC583), ZONE VI. (M) INDICA7ES MEASURED DATA 1983 NAD, (2007.00 EPOCH OCS GPS ADJUSTMENT). ALL MULTIPLY SHOWN WE GROUND UNLESS SITE SPECIFIC). tq'€EL. TO D'3TA N GPFD DLKTW,CE ❑A E5TABitSFEO BY RECORD i85TAtME AS SHOWN. ' NuLTiPLY GROUND 045"ANCE Br 029597705 (SUE SPECIFC). ® E5TA3Li5'[U H'f R£rXIRO e:_"fTd9CE A1:4 ffJvZWC D'.ff:REiICE fRU1A �n�t % HAVOYA DRIVE AS SHOWN. f&'f-4EN..T : FxND' LJ ESTA7ISHED BY INTERSECTION. INTA04TE5 AN EASEMENT FOR STREET AND PUELIC iiTILDY PURPOSES, N FAVOR OF — — — — — — — — — — — — — — -- -- — — THE CITY OF HUNTINGTON BEAoi, RECORDED JUNE 24, 19G3 IN DOOK :^64 r PAGE 954 OF OERCAL RECORDS I t® INDRCMES AN EtigMENT UE0!CATED HEP£ON TO THE CM OF FVNTM7T0N BEACH FOR PEDESTRIAN ACC15S AND PUBLC SIDEWALK PURPOSES. I 1A[ IND7C'ATES AN EASDAEPJT DEDICATED HEREON TO THE PUBLIC FOR MAUL STREET A?A! U74fT PUWG.SEE _ O.C.S. GPS STA. 5D43 TRACT NO. GRS "CIE DATA _ ( FK279515272 L> `A' TIftOUCN -N, INCLUSIVE. ARE NON -BUILDABLE I.O7S. 1 .E �50+.303,52 17LB ND SCALE nr.5_. CPS S"A DT5054 II LOT "0 IS FUR PRVAtE LANDSCAPE PURPOSES. � N-219512BA5 LOTS "tY THROUQW "F' 94CLLVVE, ARE FOR COMMON !PEAS c-6cA5953.i6 LOTS'C- 7HRE) 04 "N" INCLUSNE, ARE FOR PRIVATE STREET, PUBLIC ( N $T1S'3T E 7229E' . UTILITY ANDENEiRCENCY VEHICLE ACCESS PURPOSES.GPS TIE. N 8T1v St_W17tt7.41' CPS TIE _ 4 ........._....-.. -__ � — BEA H 6 TH BE 4AL MAP, 8t FEE TO THE CITY OF W7N'71YDiDN NA::K CF ULAHINr,S N 89'.4O'OS W 2649.80' (^GRND) (264S.74' GRID) BEACH PER 1W5 FlNAL MAP, L — — — — — — — — — YORKT'OWN AVENUE KAMUELA CRIME — — -' — — --' — � N 85'33'C9' W 7070.TT (N 88S2'L I R2 k R3) 348_.7- 34B.4b' R i 1 3C 3C' C.- —\ 30' 30, rt" FAST UNE —WEST LINE 140+, I is �' D W 1/2, NW 1/4, TRACT NO. 47C9 SEC. 5, T6S. R10W x^N.N. 215/70-12 PER (95) c.: -1' I'} o. 7.`5• I b iN T 1 N 0. 4,505 :a 7 0 S G.._....._.._ _,.. — HALAWA DRIVE R ee3rrs W toBais' OB62^ar E Rrr & R3 1q,, I,') R, n is - I �� T31.�5' ;731.4'.' R;1 3i8.57' (Sd2.+5' ......... 2 ,Bg936 11 283 I _- sa a�sj I 2$'1 28O 22d 1226 a � inn. �• III sr N ai9°32` � w 6G(,7t' )N BS32'CS" E BDt.57' fi3 .- Lt g WAPo1C A}ImE *q3l 28 ,. I S I �- bTas;o.a^ t ` +.'may..' 5 r E ETA+ AT FV^IRT GCS .3 -."yI TH16 S! 'A LOT 'D' i FU F4'kF'i TO itC'1'LN A075.5 tl' THE :`-' l 36 ` 35 34 ( 32 3i 30 129 120 27 B i 25 24 0 22 nueEnaAt N7LL rt�ax� rz ue ( GAD' M&R3j BS -- 2 ' UAPRA:E CORRC 71, A N NM IM 37 2$9 e W4atmr ac.^.uun.�rr ws worea .�,. 3 LC1T "L" ( PATCH DRIVE LOT ',ILOT •-( (9� 'i sjpGY' 3 N4N5W1 LRYYTTfSIMi PQA EENRR - - - Y..�*:au4migeamar'rL'ikcetoeteo y� 0 38 r — �40 I � � . >o (.ur tc 21 l W , m _A21 t i A 39 iv 42 u�"i 43 St 62 60 1 20 1c0 50 0 100 SCALE IN EEC i inah -IOD fL z, 241 40 :9 '� 242 TEAT I N 89'.:2't33 V7 LDO 88"52'06'' E 228.G0 --- SEE SHEET 5 - "' 24S IR o '`G �• aA� ok 2b6)9 eo246 °ry°G� 30• 3n' '� -' ST �_ , 247 W z i_ M FA RT) 72243' (722,014 RI & R3) 'S S'A 5043 2.12 ._......... 0___ 3.52 ' YORKTOWN AVENUE R3)' _ 44 EO 45 59 i 46 58 w 47 577 46 56 49 55 5C s-1 i ( 51 52 53 i LCT 'C' T}70080i1 S i I :' 2 3 4 6 4 i 821.31' C821.i3' CALC R2 d + s I 4f' n eA i m�wir f3 6(i m. 76 m9DI _ 67 m 73 58 74 I 14 16 7�; '2yello-12 30 69 73 3 92 g c J_ 70 71 12 ........ .. _ _ !^ r I08 CHRIST111M W .... __ DRIVE Tit, In 1 O 1 r-- rt CLP1ED ,AS THE 5 6 7 6 ;'.1 / SoUTHME5T (14.111 g S TRACT 40. 4:03 `T I ^79J 10-1.. .. 218.57' 2t8A5' K7)Ij730.0D' Ll$R2j' A_(R7B.25'r� t:ALCCR2)„ 3 - nD646' - 1235.94' {N 88`.>4'31" E t23`s,88' R4) (- � 2 OL_l(1324.70' RS & R3), ! 14 — 73 —SEE SHEET A 1324,77' W24,65' R5) — — — J WEE OF BCPRP!E)S N 8B'3D°05" iN 2F�45.ti0' (GROUND) (2849.74' GRID) (N 86'54'51' E +2645.39• R2 & R3) t B B SMTHHEA T�^OR cR I CAN6ERRA LANE SO.C.S. GP5 STA. 5044 FRACE' NO. fW 1 LINE MM. 16A/12 � 6 BOUNDARY CONTROL _ g i RSEC. 5115553 f6 SCALE=Y � 1 d0' H S A l 2 9 PER (R3) HB -55- Item 6. - 8 1235.94' {N 88`.>4'31" E t23`s,88' R4) (- � 2 OL_l(1324.70' RS & R3), ! 14 — 73 —SEE SHEET A 1324,77' W24,65' R5) — — — J WEE OF BCPRP!E)S N 8B'3D°05" iN 2F�45.ti0' (GROUND) (2849.74' GRID) (N 86'54'51' E +2645.39• R2 & R3) t B B SMTHHEA T�^OR cR I CAN6ERRA LANE SO.C.S. GP5 STA. 5044 FRACE' NO. fW 1 LINE MM. 16A/12 � 6 BOUNDARY CONTROL _ g i RSEC. 5115553 f6 SCALE=Y � 1 d0' H S A l 2 9 PER (R3) HB -55- Item 6. - 8 54 M 4 OF 5 ACREAOF, 12,413 ACRLS (MS, TRACT NO. 17238 15 LETTERED 11.850 ACRES NET EA A`0t4ry SURVEY; WI:W IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE 71RACT NO. 17238 STATE OF CALIFORNIA No'D:; 46 aD 9 4o Ba S': SHLLE 2 FOR MONUMENT NOTES. WALDEN & ASSOCIATES SEE SHEET 3 FOR BOUNDARY CONINOL, BASIS OF BFAR114M DATUM stATFMENT. SURVEY NOTES. GENERAL NOTES. Am MEW.MT LLwj[). JEFFREY A. WALDEN, P.L.S. 7914 SCALt N FEET SEE SHEET 5 FOR UN: AN7 CURVE TABLES. rJ O JANUAR7Y 2014 1 Ina =F: 1t. w 821 i N �' t 228 i i f5: 227 BO j 81 i n 3� 23' I Y ih J>. 1 i B si • i 2?B / l `r-StE MAIL 'A I I 8 N W 601 - 1' 230 �N J ON SHEET' b N 8•3U' W 21858' -- 4.. 1 4&W 4 0 47.00,.00• 1 47.00' Z9_641 27.51' 4?.W 4&W 47.Co' 5217 m a a a'a e n m 64 ,qr 34 "' LOT 33 f LOT 32 "' LOT 51 "'I LOT 36 LOT 29 "' EAT 28 m m LOT 27 " LOT 26 "' LOT 45 "' LOT 74 "' LOT 28 "' LOT 22 1$ 4390 S.F. "' 4,165 S.F. c 4,341 SF. 0 4,332 S.F.. 4,322 SF. 4,73D S.F. "' ^ 4,3°4 SF. b 4291 S.T. b 4'178 S.F. 0 4,C35 S.F. 0 4�53 SF Y 4,7165F. o br, h i;rr i� n n � - - Z 47.00' z 45.00' 47.W 47.00' 47, 45.00' 47.00' 47.00' 2 47M' 45.00' 47.00' 5225, -t70.C8' •' 231.00' 121.02' LOT 754.23' LOT"C" 8$ $-N 8g4C56 W 6B6.34 S i; �i 3167 S.F. ~R LOT 1` m "' 159D4 S.F, r, - N 89.4634' W 87210' N BB''76'S4' 11, 7' n 220.63'. [+� '�'. ....... - _ i27 A2' ? a350 ____€_�RADL E! 44.52' 175.63' -, 1- 43.D0' ' 71.�• N o"� m zos9oOT s.F. PATCH DR[VE L?o `'A LOT21 a w N 34'46'S4' W 732.63' " ?RIYATe. STREET> N 89°46'S4" W 132.91' . _........... „ S,62H S.F. BB.St' 6622, \> G� 66,46' i; 8ti 45' �;\� 1 t a TSB 30.00, ! LOT 43 o LOT 61 '.�1 (' LOT 82 j$ LOT 80 �'r 1 J H 69°48S4 W 93.28' 4.78E 4,180 S.F. � I $ 4.188 S.F 4,187 S.F. o � b LOT 20 - _.... vq N 09`46'34 W 16Z83" 81.32' •v 81.46' N 89'46'S4" W 1fi291' -. $ 8131' 81.45' S'c < P I F33 n $ � N 89`{g5# W 93.3t' $y Z o L07 44 $ LOT 80 bro> a �.: w c o LOT 63 LOT 79 $ : n n a 3,821 S.F. „ 3,82't SF. Z +^ R 3,6:& S.F. 3.828 E.F, a o LOT 19Uj q p 4Z 46' ,r • 162.63' O N 84`46'54` W 19a91' J : 87 S.F. g ......... ci 87.31' 81.32' 2 81.46' et +5' :28.CCfQQ�.. - t N 89'46'S4'3W 121_- LOT 45 $ LOT 69 g ZZ g g LOT 64 LOT 78 8 0 ' 7B.CC' i 93.3ti' G• 1i$ QJ 2 3,659 S F. 3,659 S.F. d 3,629 S F. 3,ffi8 B.F. I b LOT 18 b n n ^ .. N 85'46 54' W 190.83' tU A d. 4,38S &F. N ry ` 1 H 89'46 14" W 79C.9T 2 G3 81.3T o 87.3Y i28,0U' t2@.GO'r 87.46' 87.45' gIK �__ ^ LOTW .^,o LOTS 0 1 R LOTS _ o LOT 77 rb,-......... ir LOF'M` $ 's.827 S.F. 3.822 S.F. I�T'N" my 3.6 6 S.F. $ +�'+ lefts S.F. "' o LOT 17 LLi 21720&F. 12992 S.F ~ 4,39US.F. Ad W 8 � ,.. o N 58'46'54' W 76163' I N 89°46'154' W 162.9t' 8132' 81 AS' w 81.45, rnw v - rv� a 88'H:i'S6' W 93.41' Cf± 4 LOT 47 v LOT 57 $ i N N c LOT 66 Q a LOT 76 3.621 9.F. 3,822 S.F. ,� " 3,829 S.F. 3,828 S.F. F` v w.w$;1 w $ o LOT 16 F. id u, bo A X, 81,32' RI At' 61.46'--.......... 4, y... � '08� N 86's+ W 1619v w 60 N BiP46.54' W 762-63' N- N 89`45'5v W 9&-v ll.l m LOT 48 3 LOT 56 0 $. -os 2 ` LOT 67 LOT 75 $ z "+ 0 0 00 W I 0 1421 S.F. d 8822 S.F. a i�z {id z� a 3,66E 9.F. q. 3.a654F, n LOT 15 � o _ N i8 B9'48.5C W ! 6Z63' N_99`46'5C W _' fi29 2B' 4.393 S. z 8L31' 61.32' _ 8' 461 51,45' LOT T' N 89'46'5e W 93.4tr g LOT 42 F'o LOT 55 0 LOT 68 g LOT 74 8 14364�S.F. 91 ' 3,0598.F. 3,659 S.F. r. 3.629 S.F. �. 3A28 S.F. +� + m' LOT 14 0 N 89Y6'SK" W 162.63' 28' 23' N 8 .• .4, . 162. 1' a 4,394 S.F, a ._._..._..�..-._...._ r3 81,51• B1.32• 81 Co' 81.45' N !4rWbt W 121.51' --- c LOT 56 LOT 54 fj ( f{ LOT 69 $ LOT 73 c 128.00.1 93.5" v 3,821 S.F. 3,522 S.F. > 3,829 S.f. 3,U26 SE. 8 LOT 13 Fi'Z --N 59°4615'r W 46934' 1 ~ ��.Y 4.39ESF. - Bi,37' 87.3Y 15fiAt£ t et <6' - 81 i9 a 30A0' S5.00' i 5265 55.0D' 55.00 5Z91' 5`ao0' 28.00• h; 26.00'12&00' LOT 51 "' LOT 52 w LOT 53 LOT -,a"' LOT 71 LOT 72 ? LOT 12 �. 1 ' 4,311 S.F. , 4,39?S.F. 4,3CS.F. L^ 423 5.= 1- 43g S.F. 4,479 SF 53.57' 4C\-40A7' S2.630AT'nz t.7S5.27.D91' _383'��,� y j r-• ���°'° .79• LOT 11 N 801C15 W 3G4 84 S2.'N esaa5 W 4,399F THOMPSON DRIVE 1 tPRFYATF STRFFT> . g E3 N 89'4e54' W 93. -' 79.4T 92.1 • k-/,;` .33 LOT'G' LOT"H`64' i 33.-44 S.F. N 84°30%6 W 39fi.33' 2. o� 89' 1 ZS538' N BMW W 351,12' r a �74• 13711 SF. � � $ LOT 10 $ d$ 2Z47.06' 47.00' 45A0' 47.00' 47LV 1 47,00' 45.00' 3.74 o! o o r N W46'547 W 93.64' S ri '6 - Item 6. - 9 Rm m m r; LL m LOT 8 "' 4,5O0 S.F. �' o p� _q '�+vE ' LOT,F" 3355 S,F` LOT 3,985 SF. LOT2 $,495 S.F- n - LOT 3,8'45 S.F. fn m LAT4�I 3.995 SF.z°0 LOTS !n8 I 3.995 S.F. LOT .�' 3,995 S.F. LOT 32755.F. LOT 9 m E.37i: S.F. _ t z iL$ Z S N 89'70te W 494,18, re �+,- '• 47aY 41,00• 45.W II.DC' 47A0' ' 47.W 45.00' Sr,06' 2-.SO^- 93.66' - '8448' v � t IOAU LOT •'A" 4943 S.F. 494.24' 10.00' ACCESS TO AVENUE RELEASED ! Yo ..... -N B9'3o'G9 W 82725' U6H D BEACH J CHY its HUNTIN BE AND TU TIL CRY B g T LOCATIONS OVE NG E1;t£Pi AT LOCATIONS APPROVED BY tY1E PLgN1oNG C01444551ON, h s .3 -8217' YOWFOWN AVENUE 551,2E' , " 1MOD, - - N 8 .30'U W 2649W EASS OF BEPaWM - HB -56- SH__T 5 or TRACT NO. 17238 NJMEER OF LOB8G : NUMBERED 15 LETTERED` ACREAGE. 17..413 ACRE GROSS 11.55E ACRES' NET 13IEW°AF c� �NTATIVE '°'+ IN THE CITY OF HUNTINGTON BEACH, COUNTY. OF ORANGE TRACT NO, 1723e STATE OF CALIFORNIA OTF 1MALDEN & ASSOCIATES 3 0 SEN-E '!FEET 2 FOR MONUMFNT NO -ES. JEFFREY A. WAI_DEN, P.L.S. 7914 A C j ti SEE SHEET 3 FOR SMINCARY COi7RO;., SAM OF SEARIN°5, DAT14,1 JANUARY 2014 -r y`yR, %•i i 6L02 231 STATEMENT, SJRVEY NL1-ES, MINERALNOTES, AND EASEMENT LEGEND. ©� l 2:!8 23b � =°3h -2�� 601,n•- 7 45.00' 4 . 2:B LOT 86 ::+ LOi35 " LOT 34 LST'33 LCT 32 4,1925.F.4.369 SP. :....._h. E3°�2'4(P W 93.'0' `b 2b8 \ 'v s 1d LOT 37 4,1 F •,�, C6 33: �' A5,9D' 47.00' z .� 87S.. 4,. 17C.OW - ... J7 yl._ 1D0'- 23 ' LOT "L" N 89'46'S4° W 886.Y8' -- _N_N�'ie'48"_ Ni "S7.62' 139."3 S.F. N 8<}'+�»{ w 522.id- --- LO7:1(' LOT36 ti PATCH DRIVE D.4a 4D 2n 40 sD 4,263S.F. [ F• r s 4,<Pa,P,.4TE S';RFFT> $ N a9�4e5+" w �44 n r n SC&E N FEET N .2'+8' W 93.07' e°a /•'R` •�.� 'tig 9 BRAD} 1 'irch --40 LINE TAFd.F �...._-_......_..,..._._.____................__-......_..... JhL 6 ARNC I Onmoz Li N 89146.54" w 25.07, - (.2. 1.3 N 81MM-4tf W N LA140'44• E 1.65' C.12' 1..3 R2) (N 012C21" I..) (111T GAL;) L4 N OO°15'Ior E 4D.90' (L4 RI) (N 0"1eW `T) (AUX; N OT13'06' E taoT N 3.T58'1C w 35.55, PL.", N 5079TC E 2&M N WiToir E 2S.Od N w4vb." w 60.00' N A9'44'S1` W 85.�' Lit N 2n2'SL'T W 4SA4' L12 N 69',i W E 64.93- L13 N owiO.4C E 13OAT 04 N 6Yi9'3Tl W 2'6.66• (L14 R.2) Lis (N 66'$4'ST' E) N OTIOAC E (zid:43" 21,241' (I. It RZ) (N 01`M2:' W) (7 M',' '_i5 N 6129'3(f W 79TAt' (LI4 R2) {N i?84i4:i" Lj {T95.64') CURVE TABLE ............ _..___4..._:............. QIE.`JE DELLA "r^4Jli: ;,fi+aiY. Cl 96 woa- '. S.w 23m, C2 S£47'41" MOO' 22A9' Ca .......................__............... C.28`,?0'21" 24-11'29" 25.W' .......... _.__ 25.(Ifl' 10,55' _............... 12.44, C9 23T41.41' 41.80' 105,51, C6 15"42'D'' '', 41.00' 'I'll' C7 1008'07, 4i,w :a11' CS ST33"¢ ! 41Dd 23.54' co MY29' 41,00' ?9.48' CIO 5?'01,51 41.00' +797' CIi 75°42'1S 41.OD 54.17' C12 9i7bdMr ''. 711M, 111.53• C13 .........___...................._-'__......._........_..........- C14 CIS 402.2'57, 17I.00, 497T0 ' MOD' 96'15'49° MOD' SODV 61.49- 111.87' C16 4d394C 71Dd 'A39' C77 9016'49" 19.OW PdV C78 591WTI" ', 15.Od 23.49' CIO 9di 6.49' 43.OD' 87.75' C20 9TJCd0O' 43 EEO' 67.54' C21 W43'11" ' 26.00' MIT C"e2 9A11`U° 1S00` 17.59' C23 D?•CVZZS 41.OD' 5.W C24..__ _ BSOT48' 126.W Z3.18` 241 c.1 r -242 v m `248 2 244 11 I 245 246 1- C 248 M 01 LOT 39 6o 4374 S.F. f2'43' w 9107"' _ ttWVi y� 1-ry LOT 40 4.814 S.F. = u� ., v 1 I LOT 43 LOT43 AVS.F, tc LOT42 o 6:C4O S.f. 3c, 30, LOT 44 z � I �1'SY OF 4tt!P!T!ASnSnN 9EAr.�1 S-lvt c9 ° NOT A PART LOT 45 a LOT,,r LOT 45 21720 W W LOT 47 = w � � o z LOT 48 f UJI h 5u p J LOT"a,LOT ., z d v 50 0.0? AC. N 8G' 46'ST W 463SO- f � LOT 51 s 1 o� ......,..._......._..._ LOT "G" j'�. N 89'SC'DS�' W 133944 S.F. 132.BS- �220 &3' _... 396.3Y- N 89°3O•GCi' W 1 -255.50- oQ LDT '� y LOT 1 51 . 1 !34.8&'� t ' SOT"A• - N e9'3[Y05" A, % 821.25 -`- F1:DF65 ISKIS TO THE CITY AYENUE :;TON LA d AND ?iOCATIONS T° THE CITE CF MJND:N NaN BEACH A G -. o EX.CEFT AT LOCAiiONS A??R(-VFb 8Y THE PI.N4roN; (X91MB6KN4.- 26oa4 YORKTOMVN AVENUE N 8-0'0" (BASIS Spvf- ).i0: -z00131IO094:9473, 17.14' HB -57- Item 6. - 10 ATTACHMENT #4 Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 19infrelzm9e] October 24, 2012 Michael Adams Michael C. Adams Associates P.O. Box 382 Huntington Beach, CA 92648 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 08-013, TENTATIVE TRACT MAP NO. 17238, CONDITIONAL USE PERMIT NO. 08-026 (LAMB RESIDENTIAL SUBDIVISION) APPLICANTS: Michael Adams, Michael C. Adams Associates, P.O. Box 382, Huntington Beach, CA 92648 Thomas Grable, Tri Pointe Homes, LLC, 19520 Jamboree Road, Suite No. 200, Irvine, CA 92612 PROPERTY OWNER: Fountain Valley School District, Stephen L. McMahon — Assistant Superintendent, 10055 Slater Avenue, Fountain Valley, CA 92708 REQUEST: MND: To analyze the potential environmental impacts associated with the implementation of the proposed project. TTM/CUP: To permit (a) the subdivision of an approximately 11.65-acre site to accommodate 81 numbered lots with reduced lot sizes for new detached single-family homes and eight lettered lots A-H for streets with reduced widths and landscaping; and (b) development of an 81 unit single-family residential subdivision proposed as a Planned Unit Development (PUD) with varying lot sizes (min. 3,659 square feet, max. 6,695 square feet) that average approximately 3,600 square feet (45 feet wide by 80 feet deep) in lieu of the minimum 6,000 square feet and 60 feet wide standard for RL (Residential Low Density) lots, including associated infrastructure and site improvements, and mutual benefits that include offsite sewer, water and storm drain improvements. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/ privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 10251 Yorktown Avenue, 92646 (north side of Yorktown Avenue, east of Brookhurst Street) DATE OF ACTION: October 23, 2012 Item 6. - 11 536 -5271 Fax HB -5 8- 540 www.surfclty-hb.org Notice of Action MND 08-013, TTM 17238, CUP 08-026 October 24, 2012 Page 2 On Tuesday, October 23, 2012, the Huntington Beach Planning Commission took action on your application, and approved Mitigated Negative Declaration No. 08-013, conditionally approved Conditional Use Permit No. 08-026 and Tentative Tract Map No. 17238. Attached to this letter are the findings, mitigation measures, and conditions of approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a ding fee of One Thousand, Seven Hundred Sixty -Three Dollars ($1,763.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty - Three Dollars ($3,383.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is November 2 2012 at 5:00 PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. The conditional approval of a tentative map shall expire 24 months from its approval. The period of time may be lengthened if the project is subject to section 66452.6(a), (b), and (c) of the Subdivision Map Act. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact Jane James, the project planner, at jjaes@surfcity- hb.org or (714) 536-5596 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Ja e Jar44s, Senior Planner SH:JJ:kdc Attachments: Findings and Conditions of Approval —MND 08-013, TTM 17238, and CUP No. 08-026 HB -59- Item 6. - 12 Notice of Action MND 08-013, TTM 17238, CUP 08-026 October 24, 2012 Page 3 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Planning and Building Bill Reardon, Division Chief/Fire Marshal Mike Vigliotta, Deputy City Attorney I II Debbie DeBow, Principal Civil Engineer Mark Carnahan, Inspection Manager Jane James, Senior Planner Property Owner Project File Item 6. - 13 KB -60- ATTACHMENT NO. I FINDINGS AND CONDITIONS OF APPROVAL MITIGATE NEGATIVE DECLARATION NO. 08-13 TENTATIVE TRACT MAP NO. 17238 CONDITIONAL USE PERMIT NO. 08-26 FINDINGS FOR APPROVAL — MITIGATED NEGATIVE DECLARATION NO. 08-13: Mitigated Negative Declaration No. 08-13 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Planning Commission prior to action on the Mitigated Negative Declaration No. 08- 13, General Plan Amendment No. 08-05, Zoning Map Amendment No. 08-05, Tentative Tract Map No. 17238, and Conditional Use Permit No. 08-26. 2, Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Mitigation measures are incorporated to address impacts to geology/soiis, hydrology/water quality, biological resources, hazards and hazardous materials, cultural resources, and mandatory findings of significance. The proposed geology/soils mitigation measures would incorporate measures with site preparation, fill placement and compaction, seismic design features, excavation and shoring requirements, foundation design, concrete slabs and pavement, surface drainage, trench backfill, and geotechnical observation in order to mitigate against impacts to liquefaction and settlement at the subject site. The proposed hydrology/water quality mitigation measure would require that a Hydrology and Hydraulic analysis be prepared, reviewed and approved by the City with specifications that drainage improvements be designed and constructed to mitigate against potential impacts of increased runoff during development, or deficient downstream systems in accordance with the Department of Public Works. The proposed biological resources mitigation measure would incorporate a measure that would ensure that impacts to nesting birds in the project area are protected during site development and result in a less than significant impact. The hazards and hazardous materials mitigation measure requires that a soils survey be prepared for the project site to ensure that any potential hazardous materials do not remain on site. The proposed noise mitigation measure will ensure that adjacent sensitive noise receptors (i.e., residential) are protected during site development through the incorporation of sound attenuation devices on construction machinery, requirements for properly maintained construction equipment, and that stationary equipment are directed away from sensitive noise receptors. The mitigation measures also specify procedures for the projection of cultural and paleontological resources are discovered during the development of the project. However, the mitigation measures would ensure that impacts would be less than significant in the unlikely event these resources are discovered during grading and construction activities. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will not have a significant effect on the environment. Potential impacts from the project are minimized to a less than significant level through the project design, standard code requirements and the recommended mitigation measures. G:PC\NOA\12\MND 08-013—ttm 17238cup 08-026 HB -61 - Attachment 1.1 Item 6. - 14 FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 17238: Tentative Tract Map No. 17238 for the subdivision of approximately 11 .65 acres of land into 81 numbered lots for the purpose of constructing 81 detached single-family residences and 8 lettered lots for streets, landscaped areas, and a water quality basin is consistent with the requirements of the RL zoning district with exceptions that are proposed as part of the Planned Unit Development (PUD) design for the project. These exceptions include deviations to minimum lot width and size and are permissible with development of a PUD pursuant to Huntington Beach and Subdivision Ordinance (HBZSO). The proposed subdivision is consistent with goals, policies, and objectives of the General Plan Land Use Element that govern new subdivisions and residential development. 2. The site is physically suitable for the type and density of development. The project site is able to accommodate the type of development proposed from a public service, circulation, and drainage perspective. The proposed subdivision will result in a density of 6.95 units per acre (6.5 units/gross acre). The proposed density is below the allowable density of 7 units per acre of Residential Low Density land uses designation for which the project is proposing to be designated. The proposed density would be consistent with, or lower than existing surrounding developments. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably 'injure fish or wildlife or their habitat. The site has been previously used as a public elementary school by the Fountain Valley School District. The site does not contain any significant habitat for wildlife or fish. Design features of the project as well as compliance with the provisions of Chapter 221 of the Huntington Beach Zoning and Subdivision Ordinance will ensure that the subdivision will not significantly impact the function and value of any resources adjacent to the project site. The project will comply with all mitigation measures identified in Mitigated Negative Declaration No. 08-13. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. Conditional Use Permit No. 08-26 for the development of a 81 unit single-family residential subdivision proposed as a Planned Unit Development (PUD) with varying lot sizes (min. 3,659 square feet, max. 6,695 square feet) that average approximately 3,600 square feet (45 feet wide by 80 feet deep) and associated infrastructure and site improvements, including mutual public benefits that include offsite storm drain and park improvements. The project, with conditions, will result in less than significant impacts related to traffic, noise, lighting, aesthetics, including privacy. The project will have greater setbacks at a minimum of 20 feet 2 inches along the first floor and upper story setbacks to protect privacy impacts onto existing residences located to the north of the subject development. The project will provide mutual benefits for the residents of the project and the general public. The mutual benefits include the improvement of a 2.6-acre undeveloped public park located at the southwest corner of the subject property with a multi -use practice field, two 60 square -foot tot - lot play areas, half court basketball court, shade structure, picnic table, benches, bike racks, an approximately 31 onsite space public parking lot, irrigation, landscaping, and sidewalks in and around the areas of the parking lot and tot -lot play areas. Additional public benefits consist of allowing park users to park on the tracts' private streets, and water quality and storm drain improvements including construction of a 2,080 linear foot storm drain. Based upon the conditions G:PC\NM1 2\MND 08-013—ttm 17238 cup 08-026 Item 6. - 15 HB -62- Attachment 1.2 impose and mitigation measures, the proposed project will not result in significant impacts onto adjacent properties. 2. The conditional use permit will be compatible with surrounding single family residential in terms of setbacks, onsite parking, lot coverage, and allowable building height. The project includes two- story homes that are compatible with surrounding developments in terms of each building's overall mass and scale. Increased rear setbacks will be provided for those lots located adjacent to existing homes. Enhanced landscaping will be provided throughout the development. The proposed detached single family residential subdivision/development will be compatible with the surrounding single family residential uses in terms of density, layout and overall design. 3. The proposed project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Variations to lot size and width are permitted by conditional use permit as part of a Planned Unit Development. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the proposed General Plan Land Use Element designation of Residential Low Density. In addition, it is consistent with the following policy of the General Plan: Policy LU 9,2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the use of building heights, grade elevations, orientation and bulk that are compatible with the surrounding development. The proposed homes are compatible with existing homes in the area in term of style, materials, and colors. The buildings are will articulated and will have enhanced building elevations along street frontages. The buildings are provided with a setback buffer along the north, west, and east property lines. MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS: 1. The grading plan prepared for the proposed project shall contain the recommendations included in the reports listed below. These recommendations shall be implemented in the design of the project and include measures associated with site preparation, fill placement and compaction, seismic design features, excavation and shoring requirements, foundation design, concrete slabs and pavement, surface drainage, trench backfill, and geotechnical observation. i) The August 21, 2007 Geotechnical Investigation and Liquefaction Evaluation Proposed Residential Development Lamb School Site, prepared by Southern California Geotechnical. ii) The February 28, 2012 Geotechnical Review and Commentary of Existing Documents for the Lamb School Site Project, prepared by Petra. These reports suggest relatively uniform subsurface conditions exist across the project site. However, where existing school structures and improvements have precluded direct access to subsurface areas, additional borings and soil samples are recommended to provide deeper soil information. Although no new impacts or unusual subsurface conditions are anticipated, Mitigation Measure GEO-2 is recommended prior to construction to complete site investigations, (Mitigation Measure) 2. Prior to issuance of building permits for the project, in order to complete the soils information in areas of the site where existing structures and improvements have prevented easy access to deeper G:PC\NOA112\MND 08-013—ttm 17238_cup 08-026 Attachment 1.3 HB -63- Item 6. - 16 soil, additional subsurface borings shall be conducted. The project shall comply with any additional recommendations resulting from this additional subsurface investigation. (Mitigation Measure) 3. Prior to ground disturbance, the applicant shall provide the City of Huntington Beach proof that a certified biologist has been retained to determine if nesting birds are present within the project footprint or within a 250-foot buffer around the site. If nesting birds are present, construction activity shall be avoided in the area until nesting activity is complete (generally February I to August 31), as determined by the biologist. If ground or vegetation disturbance would occur between February and August, a preconstruction nesting bird survey shall be conducted seven days prior to any ground or vegetation disturbance. Any active nests identified shall have a buffer area established within a 100- foot radius (200 foot for birds of prey) of the active nest. Disturbance shall not occur within the buffer area until the biologist determines that the young have fledged. Construction activity may occur within the buffer area at the discretion of the biological monitor. (Mitigation Measure) 4. Prior to ground disturbance, the applicant shall provide the City of Huntington Beach proof that a certified biologist has been retained to determine if nesting birds are present within the Project footprint or within a 250-foot buffer around the site. If nesting birds are present, construction activity shall be avoided in the area until nesting activity is complete (generally February I to August 31), as determined by the biologist. If ground or vegetation disturbance would occur between February and August, a preconstruction nesting bird survey shall be conducted seven days prior to any ground or vegetation disturbance. Any active nests identified shall have a buffer area established within a 100- foot radius (200 foot for birds of prey) of the active nest. Disturbance shall not occur within the buffer area until the biologist determines that the young have fledged. Construction activity may occur within the buffer area at the discretion of the biological monitor. (Mitigation Measure) 5. Prior to issuance of a grading permit, the project applicant shall have a soils survey conducted for the proposed project site to determine if any agricultural chemicals (herbicides, insecticides, pesticides and metals) remain at the project site from past agricultural use. The applicant shall implement the mitigation recommendations in the soils report. (Mitigation Measure) 6. All construction equipment shall use available noise suppression devices and properly maintained mufflers. All internal combustion engines used in the project area shall be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment shall be maintained in good mechanical condition to minimize noise created by faulty or poorly maintained engine, drivetrain, and other components, (Mitigation Measure) 7, During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors and as far as possible from the boundary of the residential use. (Mitigation Measure) 8. Prior to the issuance of a grading permit, Hydrology and Hydraulic analysis shall be submitted for Public Works review and approval (10, 25, and 1 00-year storms shall be analyzed as applicable). The drainage improvements shall be designed and constructed as required by the Department of Public Works to mitigate impact of increased runoff due to development, or deficient, downstream systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 1 00-year frequency. Runoff shall be limited to existing 25-year flows, which must be established in the hydrology study. If the analysis shows that the City's current drainage system can not meet the volume needs of the project runoff, the developer shall be required to attenuate site runoff to an amount not to exceed the existing 25-year storm as determined by the hydrology study. As an option, the developer may choose to explore low -flow design alternatives, onsite attenuation or G:PC\NOA\l 2\MND 08-013—ttm 17238_cup 08-026 Item 6. - 17 HB -64- Attachment 1 A detention, or upgrade the City's storm drain system to accommodate the impacts of the new development, at no cost to the City. (Mitigation Measure) 9. Prior to demolition, the whole of the existing Lamb School shall be fully recorded onto DPR 523 forms and the forms delivered to the South Coastal Central Information Center at CSU-Fullerton. Delivery of the data to the Center mitigates for potential direct and unavoidable impacts to the existing structure complex. (Mitigation Measure) 10. The project applicant shall ensure that during ground -disturbing activities an archaeological mitigation monitoring program shall be implemented within the project boundaries. Full-time monitoring shall continue until the project'archaeologist determines that the overall sensitivity of the project area has been reduced from high to low, as a result of mitigation monitoring. Should the monitor determine that there are no cultural resources within the impacted areas, or should the sensitivity be reduced to low during monitoring, all monitoring shall cease. Specifically, prior to issuance of the first rough grading permit, and for any subsequent permit involving excavation to increased depth, the landowner or subsequent project applicant shall provide evidence to the City of Huntington Beach that a qualified archaeologist has been retained by the landowner or subsequent project applicant, and that the consultant(s) will be present during all grading and other significant ground disturbing activities. If, during the implementation of the monitoring program, any historic or prehistoric cultural resources are inadvertently discovered by the archaeological Inspector, the find(s) must be blocked off from further construction -related disturbance by at least 50 feet, and no further project -related earthmoving shall occur in the area of the discovery until the City approves the measures to protect or appropriately mitigate for the find. The Project Archaeologist must determine whether the find is a historic resource as defined under §15064.5(a)(3) of the CEQA Guidelines. If the find(s) is not found to be a historic resource, enough data must be gathered so that the find can be recorded onto DPR523 forms sets and then project -related excavations can continue in the vicinity of the find. If the find(s) is determined to be a historic resource, the resource must undergo Phase 3 data recovery following professional guidelines. Any prehistoric artifacts recovered as a result of the mitigation effort shall be donated to a qualified scientific institution approved by the City where they would be afforded long-term preservation to allow future scientific study. Once the Project Archaeologist determines that the potential for impacts to buried cultural resources has been reduced to "low", active archaeological monitoring may cease. (Mitigation Measure) 11. The project applicant shall ensure that during excavation a qualified paleontologic monitor is present to observe excavation in areas identified as likely to contain paleontologic resources. Based upon this review, areas of concern include undisturbed older Quaternary deposits. Paleontologic monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments likely to contain the remains of small fossil invertebrates and vertebrates. Monitors must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced or eliminated if the potentially fossiliferous units described herein are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources, or if the parameters of the proposed project will not impact potentially fossiliferous units. This decision is at the discretion of the qualified paleontologic monitor. If the monitoring program results in positive findings, then refer to PR-2 to PR- 4. (Mitigation Measure) 12. Preparation of recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Preparation and G:PCINOA1121MND 08-013_ttm 17238_cup 08-026 A{taGhmmnt 1 5 HB -65- Item 6. - 18 stabilization of all recovered fossils are essential in order to fully mitigate adverse impacts to the resources. (Mitigation Measure) 13. Identification and curation of specimens into an established, accredited museum repository with permanent retrievable paleontologic storage. These procedures are also essential steps in effective paleontologic mitigation and CEQA compliance. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation of adverse impacts to significant paleontologic resources is not complete until such curation into an established museum repository has been fully completed and documented. (Mitigation Measure) 14. Preparation of a report of findings with an appended itemized inventory of specimens. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into an established, accredited museum repository, will signify completion of the program to mitigate impacts to paleontologic resources. (Mitigation Measure) CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 17238: 1. The Tentative Tract Map No. 7238 dated May 15, 2012 and July 9, 2012 (received and dated by City on October 15, 2012), shall be the approved layout except with the following exception: a. The primary right-of-way into the tract shall be a minimum 60 ft. wide between Yorktown Avenue to the northern terminus (adjacent to Lots No. 43 and 44). 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, the following shall be required: a. An Affordable Housing Agreement in accordance with the Affordable Housing Program shall be submitted to the Planning and Building Department for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. A total of 8.1 affordable housing units will be required at an offsite location that will be under the full control of Tri Pointe Homes or another City approved party. Tri Pointe Homes may consider new construction or substantial rehabilitation (as defined by Government Code Section 33413 affordable housing production requirements) of existing non -restricted units with the condition that upon completion of the rehabilitation the units become restricted to long-term affordability in compliance with City requirements. 3. The final map for Tentative Tract Map No. 17238 shall not be approved by the City Council until General Plan Amendment No. 08-05, Zoning Map Amendment No. 08-05 are approved and in effect. 4. The following conditions shall be completed prior to recordation of the final map unless otherwise stated: a. Payment of the In -Lieu Parkland Dedication Fee pursuant to the City's adopted fee schedule. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Departments of Planning and Building, Public Works, Fire, and City Attorney's office for review and approval. The CC&Rs shall include the following: i. Provide for maintenance, repair and replacement by a Homeowner's Association (HOA) for all common area landscaping, irrigation, drainage facilities, water quality BMP's, water system lines, fire system lines, and private service utilities. G:PC1NOA112\MND 08-013_ttm 17238_cup 08-026 Item 6. - 19 UB -66- Attachment 1.6 ii. Incorporate a Fire Master Plan that provides a strategic plan for overall fire protection within the project with general guidelines outlining the creation and maintenance of fire access roadways, access walkways to and around buildings, and hydrant quantity and placement as required by the California Fire and Building Codes (CFC and CBC). iii. Prohibit the blocking or screening of fire hydrants or fire service facilities located in public right-of-way or onsite. iv. Provide funding sources for implementation, monitoring and maintenance of water quality treatment train BMP's and appurtenances per the approved Water Quality Management Plan (WQMP). The approved WQMP shall be incorporated into the CC&R's by reference, and shall be updated as required by local, state or federal law or regulation and the City of Huntington Beach Local Implementation Plan (LIP). V. The CC&Rs shall restrict any revision or amendment of the WQMP except as may be dictated by either local, state or federal law and the LIP. vi. Appropriate language shall be placed into the project CC&Rs specifically allowing and guaranteeing the ongoing ability of the general public to utilize on street parking within the development. (Public Benefit) vii. Appropriate language shall be incorporated into the project CC&R's restricting on -street parking for recreational vehicles. (FD) c. Portions of the backyards of several existing homes adjacent to the proposed development currently drain through chain -link fences and to the. subject property. The blockage of this flow by the proposed development walls could result in potential flooding of said adjacent backyards. The applicant shall provide to the City of Huntington Beach Public Works Department for review and approval the proposed method to address this issue. (PW) 5. The following conditions shall be completed prior to issuance of a Grading Permit: a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. b. The proposed detention basin within the City Park shall be designed for a maximum ponding depth of 2 feet with minimum side slopes of 4:1. The maximum detention allowed shall be 1.5 hours. The proposed turf section for the detention area shall be designed by a Registered Landscape Architect for proper function as both water detention basin and playing surface. (PW) c. Hydrology and Hydraulic analysis shall be submitted for Public Works review and approval (10, 25, and 100-year storms shall be analyzed as applicable). The drainage improvements shall be designed and constructed as required by the Department of Public Works to mitigate impact of increased runoff due to development, or deficient, downstream systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency. Runoff shall be limited to existing 25-year flows, which must be established in the hydrology study. If the analysis shows that the City's current drainage system can not meet the volume needs of the project runoff, the developer shall be required to attenuate site runoff to an amount not to exceed the existing 25-year storm as determined by the hydrology study. As an option, the developer may choose to explore low -flow design alternatives, onsite attenuation or detention, or upgrade the City's storm drain system to accommodate the impacts of the new development, at no cost to the City. (Mitigation Measure) G:PCWOA1121MND 08-013_ttm 17238 cup 08-026 Attachment 1.7 HB -67- Item 6. - 20 d. The grading plan prepared for the proposed project shall contain the recommendations included in the reports listed below. These recommendations shall be implemented in the design of the project and include measures associated with site preparation, fill placement and compaction, seismic design features, excavation and shoring requirements, foundation design, concrete slabs and pavement, surface drainage, trench backfill, and geotechnical observation. i) The August 21, 2007 Geotechnical Investigation and Liquefaction Evaluation Proposed Residential Development Lamb School Site, prepared by Southern California Geotechnical. ii) The February 28, 2012 Geotechnical Review and Commentary of Existing Documents for the Lamb School Site Project, prepared by Petra. These reports suggest relatively uniform subsurface conditions exist across the project site. However, where existing school structures and improvements have precluded direct access to subsurface areas, additional borings and soil samples are recommended to provide deeper soil information. Although no new impacts or unusual subsurface conditions are anticipated, Mitigation Measure GEO-2 is recommended prior to construction to complete site investigations. (Mitigation Measure) 6. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. A new a new 33-inch reinforced concrete storm drain shall be constructed in accordance with the Master Plan of Drainage that will run for approximately in accordance with the Master Plan of Drainage that will run for approximately 2,080 linear feet that will run to Kamueia Drive. (Public Benefit) b. The final map shall be recorded with the County of Orange. 7. Comply with all mitigation measures adopted for the project in conjunction with Mitigated Negative Declaration No. 08-13. 8. Incorporation of sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.or /Dq isplayPage.aspx?Categorv[D=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/preen-building-guidelines-rating/). CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 08-26: 1. The site plan, floor plans, and elevations dated May 15, 2012 and July 9, 2012 (received and dated by City on October 15, 2012), shall be the conceptually approved design with the following modifications. a. Any building elevations visible from public view or along the periphery of the development shall be architectural enhanced in a similar fashion to the front elevations (i.e., enhanced window and door treatments and contrasting building materials). b. 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. G MNOA\12\MND 08-013_ttm 17238_cup 08-026 Item 6. - 21 HB -68- Attachment 1.8 Incorporate a 10' by 10' visibility triangle for the intersection between Lots B, C, D and E. The visibility triangles pertain to the intersecting points adjacent to Lot Nos. 8, 21, 36, and 42. (HBZSO Sect. 233.88C) d. The plans shall be revised to reflect construction of new block walls on the perimeter of the former school site subject to approval by the adjacent property owners. 2. Green building strategies shall be incorporated into the construction of the residential units that meet all mandatory measures of the State of California Housing and Community Development's 2010 California Green Building Code, including providing energy efficiency 30 percent greater than the 2008 California Energy Commission Title 24 code standards. Incorporation of sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S, Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usqbc.org/DisplayPage.aspx?Cate.gory1D=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.org/index.cfi-n?fuseaction=quidelines). (Public Benefit) 3. Prior to demolition, the whole of the existing Lamb School shall be fully recorded onto DPR 523 forms and the forms delivered to the South Coastal Central Information Center at CSU-Fullerton. Delivery of the data to the Center mitigates for potential direct and unavoidable impacts to the existing structure complex. (Mitigation Measure) 4. Prior to ground disturbance activity, the following shall be completed: a. The applicant shall provide the City of Huntington Beach proof that a certified biologist has been retained to determine if nesting birds are present within the project footprint or within a 250-foot buffer around the site. If nesting birds are present, construction activity shall be avoided in the area until nesting activity is complete (generally February I to August 31), as determined by the biologist. If ground or vegetation disturbance would occur between February and August, a preconstruction nesting bird survey shall be conducted seven days prior to any ground or vegetation disturbance. Any active nests identified shall have a buffer area established within a 100-foot radius (200 foot for birds of prey) of the active nest. Disturbance shall not occur within the buffer area until the biologist determines that the young have fledged. Construction activity may occur within the buffer area at the discretion of the biological monitor. (Mitigation Measure) 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. g. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. G:PCN0A11 2\MND 08-013—ttm 17238cup 08-026 HB -69- Attachment 1.9 Item 6. - 22 h. All construction equipment shall use available noise suppression devices and properly maintained mufflers. All internal combustion engines used in the project area shall be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment shall be maintained in good mechanical condition to minimize noise created by faulty or poorly maintained engine, drivetrain, and other components. (Mitigation Measure) L Stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors and as far as possible from the boundary of the residential use. (Mitigation Measure) j. The project applicant shall ensure that during ground -disturbing activities an archaeological mitigation monitoring program shall be implemented within the project boundaries. Full-time monitoring shall continue until the project archaeologist determines that the overall sensitivity of the project area has been reduced from high to low, as a result of mitigation monitoring. Should the monitor determine that there are no cultural resources within the impacted areas, or should the sensitivity be reduced to low during monitoring, all monitoring shall cease. Specifically, prior to issuance of the first rough grading permit, and for any subsequent permit involving excavation to increased depth, the landowner or subsequent project applicant shall provide evidence to the City of Huntington Beach that a qualified archaeologist has been retained by the landowner or subsequent project applicant, and that the consultants) will be present during all grading and other significant ground disturbing activities. If, during the implementation of the monitoring program, any historic or prehistoric cultural resources are inadvertently discovered by the archaeological Inspector, the find(s) must be blocked off from further construction -related disturbance by at least 50 feet, and no further project -related earthmoving shall occur in the area of the discovery until the City approves the measures to protect or appropriately mitigate for the find. The Project Archaeologist must determine whether the find is a historic resource as defined under §15064.5(a)(3) of the CEQA Guidelines. If the find(s) is not found to be a historic resource, enough data must be gathered so that the find can be recorded onto DPR523 forms sets and then project -related excavations can continue in the vicinity of the find. If the find(s) is determined to be a historic resource, the resource must undergo Phase 3 data recovery following professional guidelines. Any prehistoric artifacts recovered as a result of the mitigation effort shall be donated to a qualified scientific institution approved by the City where they would be afforded long-term preservation to allow future scientific study. Once the Project Archaeologist determines that the potential for impacts to buried cultural resources has been reduced to "lovV', active archaeological monitoring may cease. (Mitigation Measure) k. The project applicant shall ensure that during excavation a qualified paleontologic monitor is present to observe excavation in areas identified as likely to contain paleontologic resources. Based upon this review, areas of concern include undisturbed older Quaternary deposits. Paleontologic monitors should be equipped to salvage fossils as they are unearthed, to avoid construction delays, and to remove samples of sediments likely to contain the remains of small fossil invertebrates and vertebrates. Monitors must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced or eliminated if the potentially fossiliferous units described herein are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources, or if the parameters of the proposed project will not impact potentially fossiliferous units. This decision is at the discretion of the qualified paleontologic monitor. If the monitoring program results in positive findings, then refer to PR-2 to PR-4. (Mitigation Measure) G:PC\NOA\12\MND 08-013_ttm 17238_cup 08-026 Item 6. - 23 HB -70- Attachment 1.10 I. Preparation of recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Preparation and stabilization of all recovered fossils are essential in order to fully mitigate adverse impacts to the resources. (Mitigation Measure) m. Identification and curation of specimens into an established, accredited museum repository with permanent retrievable paleontologic storage. These procedures are also essential steps in effective paleontologic mitigation and CEQA compliance. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation of adverse impacts to significant paleontologic resources is not complete until such curation into an established museum repository has been fully completed and documented. (Mitigation Measure) n. Preparation of a report of findings with an appended itemized inventory of specimens. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into an established, accredited museum repository, will signify Completion of the program to mitigate impacts to paleontologic resources. (Mitigation Measure) 6. Prior to issuance of grading permits, the following shall be completed: a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Planning and Building Department. b. BlockwallAfencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning and Building Department. Double wails shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property line wall. If coordination between property owners cannot be accomplished, the applicant shall construct up to a six (6') foot tall wall located entirely within the subject property and with a two (2) inch maximum separation from the property line. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. c. The project applicant shall have a soils survey conducted for the proposed project site to determine if any agricultural chemicals (herbicides, insecticides, pesticides and metals) remain at the project site from past agricultural use. The applicant shall implement the mitigation recommendations in the soils report. (Mitigation Measure) d. Hydrology and Hydraulic analysis shall be submitted for Public Works review and approval (10, 25, and 100-year storms shall be analyzed as applicable). The drainage improvements shall be designed and constructed as required by the Department of Public Works to mitigate impact of increased runoff due to development, or deficient, downstream systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency. Runoff shall be limited to existing 25-year flows, which must be established in the hydrology study. If the analysis 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 existing 25-year storm as determined by the hydrology study. As an G:PC\NOA\12`UND 08-013_ttm 17238_cup 08-026 HB -71- Attachment 1 A 1 Item 6. - 24 option, the developer may choose to explore low -flow design alternatives, onsite attenuation or detention, or upgrade the City's storm drain system to accommodate the impacts of the new development, at no cost to the City. (Mitigation Measure) e. An arborist shall submit a report documenting the health, location, and size of existing on -site trees for review and approval. Any on -site trees deemed to be mature shall be replaced in conformance with adopted City policies. Replacement trees shall be in place prior to occupancy of the first residential unit. 7. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the site plan and the processing fee to the Planning and Building Department for addressing purposes after street name approval by the Fire Department. c. Contact the United States Postal Service for approval of mailbox location(s). d. In order to complete the soils information in areas of the site where existing structures and improvements have prevented easy access to deeper soil, additional subsurface borings shall be conducted. The project shall comply with any additional recommendations resulting from this additional subsurface investigation. (Mitigation Measure) 8. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning and Building Department; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning and Building Department for inclusion in the entitlement file. b. An interim parking and building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. c. A Fire Master Plan shall be submitted and approved by the Fire Department. The Fire Master Plan shall include but is not limited to the following: 1. Building locations, height and stories, addresses, and construction type; 2. Property dimensions or accurate scale; 3. Location of the following: I. Hydrants with travel distance between called out; 2. Red curbing; 3. Gate locations or opticoms (if required) and fences; and 4. Fire land dimensions, lengths, signage and striping, turning radii at corners and circle s/cul-de-sacs. G:PCWOA\12tMND 08-013_ftm 17238_cup 08-026 Item 6. - 25 HB -72- Attachment 1.12 4. A list of Alternative Materials and Methods (per the 2010 C.F.C. Section 104.9) of compliance to the road width requirements. The items the developer shall provide for the Fire Department include, but are not limited to the following: Reduced hydrant spacing (increased water availability) provided at strategic locations approved by the Fire Department to accommodate Fire Department Operations; 2. Red curbing (additional red curbing beyond what's required in the Fire Department's City Specifications) to prevent parking near hydrants; 3. Signage at development entrances identifying the Fire Road locations, red curb areas, hydrant locations; 4. Increased Fire Protection System standards (i.e. Bell provided on each side of homes, instead of just one side, that will activate upon fire sprinkler water flow); and 5. Restrictions shall be incorporated into the development's CC&R's restricting on street parking for recreational vehicles. (FD) d. A public art element shall be reviewed and approved by the Design Review Board, the Planning Director, and the Cultural Services Division Manager prior to issuance of any building permit for the project. The public art shall be in place at the subject site prior to final building inspection. The public art element shall be integrated and be in a location that is visible to the public within the Lamb residential project. Public art shall incorporate the following: Artistic excellence and innovation; 2. Appropriate to the design of the project; and 3. Indicative of the community's cultural identity (ecology, history, society). e. All existing overhead 12kV electrical distribution and various communication lines along the Yorktown Avenue frontage shall be undergrounded. (PW) 9. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning and Building Department. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning and Building Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. d. Development and completion of the improvements for the 2.6-acre undeveloped public park located at the southwest corner of the subject property. The park improvements shall include a multi -use practice field, two 60 square -foot tot -lot play areas, half court basketball court, shade structure, picnic table, benches, bike racks, an approximately 31 onsite space public parking lot, irrigation, landscaping, and sidewalks in and around the areas of the parking lot and tot -lot play areas. (Public Benefit) 10. Conditional Use Permit No. 08-26 shall become null and void unless exercised within two years of the date of the final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning and Building Department a minimum 30 days prior to the expiration date. G:PC\NOA\12\MND 08-013_ttm 17238_cup 08-026 HB -73- Attachment 1.13 Item 6. - 26 11. The development services departments (Planning and Building, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Planning and Building may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 12. 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. The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:PC\NOA\12\MND 08-013ftm 17238cup 08-026 Item 6. - 27 HB -74- Attachment 1.14 ATTACHMENT #5 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND TRI Pointe Homes, Inc. FOR TRACT NO. 17238 THIS AGREEMENT ("Agreement") is entered into this day of 2, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and TRI Pointe Homes, Inc., a California Delaware Corporation, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. ; 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 portions 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 g/agee/ surfneVsubdivision 1 of 13 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. 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, unless 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. g/agree/ surfnet/subdivision 2 of 13 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 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. g/agree/ surfnet/subdivision 3 of 13 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: For performance security, in the amount of One million five hundred ninety three thousand, nine hundred fourty five dollars and fifty cents Dollars ($1,593,945.50), which is one hundred percent (100%) of the g/agree/ surfnet/subdivision 4 of 13 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 Seven thousand ninety six, nine hundred seventy two dollars and seventy five cents Dollars ($796,972.75), 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. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full g/agree/ surfneUsubdivision 5 of 13 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. 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) 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 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 connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. g/agree/ surfnet/subdivision 6 of 13 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 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; 2. state that the policy is currently in force; and g/agree/ surfnet/subdivision 7 of 13 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 the original or 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, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. g/agree/ surfnet/subdivision 8 of 13 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: TRI Pointe Homes, Inc. Attention: Thomas G. Grable 19520 Jamboree Road, Suite 200 Irvine, CA 92612 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. g/agree/ surfnet/subdivision 9 of 13 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. g/agree/ surfnet/subdivision 10 of 13 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. g/agree/ surfnet/subdivision 11 of 13 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. SIGNATORIES 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. g/agree/ surfneUsubdivision 12 of 13 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, TRI Pointe Homes, Inc., a Delaware C 'on By:_ �►�t f61�� print name ITS: (circle one) Chairman/Presiden ice President iy• (,t3 . tolcvn rint name ITS: (circle on ecretar hief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: Director of Nblic Works APPROVED: Manager APPROVED AS TO f'l/ I I I e 11,01q g/agree/ surfnet/subdivision 13 of 13 ACKNOWLEDGMENT State of California County of Orange ) On August 15, 2014 before me, Kelly J. Willis, a Notary Public, (insert name and title of the officer) personally appeared Thomas G. Grable and Bradley W. Blank who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KELLY J. WILLIS WITNESS my hand and official seal. Commission # 1986732 Z Notary Public - California i Orange County My Comm. Expires Jul 30, 2016 Signature (Seal) CERTIFICATE OF LIABILITY INSURANCE f `---� J/23/2014 DATE(MMIDDIYYYY) 3/28/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(€es) must be endorsed. 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 endorsemenl(s). PRODUCER LOckton hismance Brokers, LLC 19900 R9acArthor Blvd., Suite 1250 CA License 0115767 Irvine 92612 CONTACT NAME: PHONE FAX E-MAIlo..t=xrf-_...._.__. E-MnIL ADDRESS:- INSURERS AFFORDING COVERAGE NAtC III 949-252-4400 INSURER A; International Insurance Company of 1flanriovel ple INSURED 1322184 I'ri Pointe Homes, Inc. 19520 Jamboree Road, Suite 200 INSURERS: INSURER C :Federal Insurance Coml)any 20281 Irvine CA 92612 INSURER D INSURER E : INSURER F : WVtKACitS II(IH006 CERTIFICATE NUMBER: 1282( 76 RFVISION NIIMRFP- XXXaXaX -------- --- THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADO INSR SUER WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIODIYYYY LIMITS A GENERAL LIABILITY Y N C141-12-NAI2CPOW-001 3/€12012 3/I/2015 EACH OCCURRENCE $ 5000000 DAMAGE TO RENTED PREMISES (£a occurrence) S ], 001000 -- _ G. MMERCIAL GENE Ll ABILITY ` �r � CLAIA7S-MADE X OCCUR MEDEXP (Any oneperson) S I11 lulled X Silica Pa. Oce.$IM PERSONAL&ADVINJURY $ 5,000,000 GENERAL AGGREGATE S 5M0.000 G_EML AGGREGATE _ TE LIMIT APPLIES PER: [PRODUCTS - COMP/OP AGG S 5.000.000 x POLICY PRO- JECT LOC S C AUTOMOBILE LIABILITY N N 79963001 9/23/2011 9/23/2014 (Ea accident S ) 000 0 BODILY INJURY (Per person) $ xxxxxxx ANYAUTO _ ALL OWNED SCHEDULED AUTOS .___ AUTOS - BODILY INJURY Per accident S xxx xxx PROfP.PEf2lYDAMAGE 5 xxxxxxx HIREDAVIOS _-_ AUTOSWNED 5xxxxxxx. ._ UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE S xxxxxxx EXCESS LIAB IIAIMS-MADE AGGREGATE S xxxxxxx DED RETENTION5 , S xxxxxxx WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY OF-FICERIMEMBER EXCLUDED? EXECUTIVE. NIA NOT APPLICABLE We STATU- O TORY LIMITS I ER E.L. EACH ACCIDENT S xxxxxxx E.L. DISEASE - EA EMPLOYE 5 xxxxxxx (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below , "- ' "�;'' ' � .... . E.L. DISEASE - POLICY LIMIT 5 xxxxxxx L- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is reculred) IBIS CERTIFICATE SUPERSEDrS ALL PREVIOUSLY ISSJIU) CFRTIFICATi>S FOR THIS HOLDER, APPLICABLE T"O Till: CARRIERS LISTED AND THE 1101-IC:Y TERM(S) REF)TRENCED. Anto Policy H: 79963000 (Hired & NonOwned) Carrier: Chubb Custom Insur Dcc Conipany - Combined Single laniit: 1,000,000 - Tenu 09/23/2013 - 9/23/2014 ItE: 2000 Main Street, 1luutington lkaCli, CA 92649, City of Ilruilinglon Beach, its officers, elected or appointed officials, employees, agents and volunteers are Additional Insured(s) as per the allaclicd endorsement or policy language. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12820876 AUTHORIZED REPRESENTATIVE City of l-Iuntington Beach 2000 Main Street I-Iuntington Beach CA 92648 yowyl/ ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD C 1988- 0 ORD CORPORATION. All rights reserved ATE (MMfUUlYYYY) CERTIFICATE OF LIABILITY INSURANCE D03/25/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 endorsementfsl. PRODUCER Marsh Risk & InSuraf7Ce Services 11901 Von Kalman AVenue,Suiie 1100 CUNIACT NAME: PHONE _(AI.C,_Nc (949) 399-5800 E-MAIL License 110437153 ADDRESS_ _—_ INSURERISj AFFORDIN( livitle, CA 92614 IYSURFR_A : 9tale Compensation ins Fund Of 257432-,-13-14 -- — - -- --- ._..-.. ---- - -......._........................................................ .------------.........._................ INSURED TRi Pointe Contractors, LP INSURER B : Pinnacoi Assurance --_-� INSURER C TRt Pointe Cornn7Unites, Inc. TRI Pointe Homes, Inc. 19520 Jamboree Rd >1200 _— _ _ INSURER D_ INSURER ---- INSURER­E : Irvine, CA 92612 I I INSURER F: I I COVERAGES CERTIFICATE NUMBER: LOS-001590709-01 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EXP LTR TYPE OF INSURANCE INSIR WVD POLICY NUMBER MMIDDlYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR DAMAGE TO RENTED PREMISES -(Ea occurrence).— MED EXP (Any one person) _ S __ _ s PERSONAL& ADV INJURY s AGGREGATE _ S GEN'L AGGREGATE LIMIT APPLIES PER: _GENERAL PRODUCTS - COMPIOP AGG _ S PRO- El LOC POLICY I I $ AUTOMOBILE LIABILITY COMBINED SfNGL[ LIMIT __(Eaaccidentl BODILY INJURY (Per person) _S S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY fNJURY (Per accident) S PROPERTY DAMAGE HIRED AUTOS NON-01AINED AUTOS S UMBRELLA LIAB OCCUR OCCURRENCE _EACH AGGREGATE EXCESS LIAR CLAIMS -MADE DED RETENTION S s A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXE-CUTIVE - N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA 9059378-2013 4164975 0610V2013 06/01/2013 06/01/2014 06101l2014 X WC STATU- oTH- .,..-_--TOEZYS.I�N 1Z .-_EB---..__._..__ E L. EACH ACCIDENT S 1,000,000 —"'— E-L. DISEASE - EA EMPLOYE s 1,000,000 If yes, describe under DL-SCRIPTION OF OPERATIONS below ------------------------__ E.L. DISEASE - POLICY LIMIT — I S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mom space is required) All operations of the named insured, i.cR I triwA i e mut-uef[ 'City of Huntington Beach 2000 Main St, Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services John Graef ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD narne and logo are registered marks of ACORD POLICY NUMBER: CHF12/NA12CP01/001 COMMERCIAL GENERAL LIABILITY CG20101093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) 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 officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street, Huntington Beach, CA 92648 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Attachment Code: D495925 Certificate ID:12820876 POLICY NUMBER: CHF12-NA12CP001-001 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED - OWNERS, LESSEES OR CONTRACTORS v COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): Operations: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street, Huntington Beach CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard. CG20370704 Attachment Code: D495926 Certificate ID; 12820876 © ISO Properties, Inc., 2004 Page 1 of 1 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk Bond Acceptance I have received the bonds for 7k / �L'/APE-- �4 In ZL CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) P,60 --3 0 / 0 V6 Approved Agenda Item No. City Clerk Vault No SIRE System ID No. r (bounifil Approval Date) BOND NO. PB03010401486 PREMIUM: $7,970 / One U Year FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and TRI Pointe Homes Inc. a Delaware Corporation , (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated , 20 , and identified as project Fairwind, Tract 17238, is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Philadelphia Indemnity Insurance Company , as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal sum of One Million Five Hundred Ninety -Three Thousand Nine Hundred Forty -Five and 50/100 dollars ($1,593,945.50) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly -keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by " City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. TPII-PBO3010401486 - Performance Bond.doc Performance Bond No, PB03010401486 Page Two (2) The surety hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 13, 2014. TRI Pointe Homes, Inc., a Delaware corporation, as Principal By By Philadelphia Indemnity Insurance Company , as Surety anino Monroe, Attorney4n-Fact APPROVED AS TO FORM JENNIFER WGRATH, City Attorney PL� )- By Peel D'AlmmK6 �/ / 6/ Z-0I Assistant City Attorney 'rPH-PB03010401486 - Performance Bond.doc ACKNOWLEDGMENT State of California County of Orange ) on August 18, 2014 before me, Kelly J. Willis, a Notary Public, (insert name and title of the officer) personally appeared Thomas G. Grable and Michael A. McMillen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) KELLY J. WILLIS Commission # 1986732 Z I&MyComm.Expi Notary Public -California > Orange County res Jul 30. 2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On AUG 113 20I before me, Michelle Haase, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janina Monroe Names) of signeljsj MICHELLE HAASE Commission # 1986148 za Notary Public California z -�i . a Orange County My Comm. Expirss Aug 22, 2016 who proved to me on the basis of satisfactory evidence to be the person( whose name( is/aa subscribed to the within instrument and acknowledged to me that �e/she/t sy executed the same in �qr /her/ter authorized capacity(), and that by */herft-ur signature(* on the instrument the personX), or the entity upon behalf of which the person(yj acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ti Signature Place Notary seal Above Signature of Notary 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 Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0.40 Ni ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ individual ❑ Corporate Officer — Tttle(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer is Representing: niGliTmiur,ispFiREr OF SIGNER .`o."yGy%v'��dv:`s .\✓GVG" .-rl `�'.�.�3`td".-�d"�:C✓ 'y':��-r�✓4���-mod'• 'a :`r�+,Z.'4�.'�G�'�'..: n'CVG � Cam'-�.�. ri �,'y v�-�:' .dam: ��✓�L".�.•. 1468 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. (Seal) ea,4 C9 Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this Th day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. t�U1 FPE7' KMVAMA NOTA IA FAL DAMBAE POPATfi, Nafgy PuhCoiuc L0wMW Comafesion�A�rt� .moo Notary Public: residing at: Bala Cvnwyd. PA (Notary Seal) My commission expires: March 22, 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of A U f; W 13 2014 20 ;_ • r.,, •...... ' Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary a` •'`'' ` "`w V =' PHILADELPHIA INDEMNITY INSURANCE COMPANY BOND NO. PB03010401486 PREMIUM is included in Performance Bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and TRI Pointe Homes, Inc., a Delaware corporation (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated , 20 , and identified as project Fairwind, Tract 17238, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Seven Hundred Ninety -Six Thousand Nine Hundred Seventy - Two and 75/100 dollars ($796,972.75), for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. SASUREMIRVINE CLIENTS\TRI Pointe Homes, Inc\Pinal Bonds\2014\August\Pairwind - 8-12-14\TPH-PB03010401486 - Payment Bond.doc Payment Bond No. PB03010401487 Page Two (2) The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been fully executed by the principal and surety above named, on August 13, 2014 TRI Pointe Homes Inc. a Delaware corporation, as Principal By By , as Surety ina Monroe, Attorney -in -Fact APPROVED A5 TO FORM JENNIFER MoGRA,TH, City Attorney f't `'ti`'`- .7 By PW UA6"nc6, Amdot nt City Attmn.y 2 SASUREMIRVINE CLIENTS\TRI Pointe Homes, Inc\Final Bonds\20WAUgust\Fairwind - 8-12-14\TPH-PB03010401486 - Payment Bond.doc ACKNOWLEDGMENT State of California County of Orange ) on August 18, 2014 before me, Kelly J. Willis, a Notary Public, (insert name and title of the officer) personally appeared Thomas G. Grable and Michael A. McMillen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) KELLY J. WILLIS Commission # 1986732 -�i Notary Public - California Orange County M Comm. Expires Jul 30, 2016 CALIFORNIA ALL-PURPOSE State of California County of Orange On AUG 13 2014 before me, Michelle Haase Notary Public Date ' Here Insert Name and Title of the officer personally appeared Janina Monroe Names) of Sigrwrjs) a aMICHELLE HAASE Commission # 1986148 Notary Public - California zz Orange County n My Comm. Expirss Aug 22, 2016 who proved to me on the basis of satisfactory evidence to be the person% whose name( is/aM subscribed to the within instrument and acknowledged to me that Ilshe/thy executed the same in Mk/her/tr authorized capacity( ), and that by I*' /her/Mr signature(* on the instrument the personX, or the entity upon behalf of which the person(t acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WETNESS my hand and official sea(. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by tau; 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 Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: niGHTTHuroBpFuNT OF SIGNED Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: AIGHT-rtilir:l8Pi31NT OF SIGN�t '�U. �+'yGy�n�t�dL:��-�"✓.6v:.J'.�C�.�: c�3`'�'.�:v�+u ��G��4C�6'• 'sSrn.�iR9.�u:se�GVG si�G�'��: r " � Lam. �� 1 �- •1 H •1 - _1 • :�1 1469 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC Its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. `...... '•`� 1927 ` rn= (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7 s day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. coM o PENWTLVWA NOTRRIALSOV DAMELLE PORATH, Natuy PUM LOW Nlaioa T ., h10 my Co " 201 Notary Public: residing at: (Notary Seal) My commission expires: Bala Cynwyd PA March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, AUGIn Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of A 13 1014 20 MN Yy ......,. �r'%,, :''�� Craig P. Keller, Executive Vice President, Chief Financial Officer &Secretary •-' PHILADELPHIA INDEMNITY INSURANCE COMPANY 19 .......... M \' BOND NO. PB03010401487 PREMIUM: $100 / One Year MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT TRI Pointe Homes, Inc., a Delaware corporation, as Subdivider of Tract No. 17238 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said TRI Pointe Homes, Inc., a Delaware corporation, as principal, (Subdivider) and Philadelphia Indemnity Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of Eighteen Thousand Four Hundred and no/100 Dollars ($18,400.00), in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. 2014. IN WITNESS WHEREOF, we have executed this instrument this 13th day of August, TRI Pointe Homes Inc. Delaware corporation, as Principal By By -� as Surety APPROVED AS TO FORM jErrty� R McGRATH, City A tr By /k�� F Jan'na onroe, Attorney -in -Fact By Asictsnt City Attorney SASUREMIRVINE CLIENTS\TRI Pointe Homes, Inc\Final Bonds\2014\August\Fairwind - 8-12-14\TPH-PB03010401487 - Monument Bond.doc ACKNOWLEDGMENT State of California County of Orange on August 18, 2014 before me, Kelly J. Willis, a Notary Public, (insert name and title of the officer) personally appeared Thomas G. Grable and Michael A. McMillen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KELLY J. WILLIS Commission #E 1986732 WITNESS my hand and official seal. Notary Public - California Orange County 0mycom m. Ex Tres Jul 30, 2016 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On AUG 13 2014 before me, Michelle Haase, Notary Public Date ' Here Insert Name and Title of the officer personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the person% whose name( is/aa subscribed to the within instrument and acknowledged to me that I)e/she/tom executed the same in i�/her/ter authorized capacity(M), and that by */her/X& signature(o on the MICHELLE HAASE : r Commission # AASE 8 instrument the person%), or the entity upon behalf of a = `a , Notary Public California z Z .w,_� , . which the person(o acted, executed the instrument. z �' Orange County n J My Comm. Expires Aug 22, 2016 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se/al. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by lam, 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑' Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Individual ❑ Corporate Officer — T itle(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGiiT7HUtul$PRINT OF SIGNER Top of thumb here .�, 'yC�. 'Y \.�!:5\�S.v: •. '�L��r!�..r�:Cywu �G�G'�' '.rG`eiq.�i'• tea, d'.ti0.��u.-c�GVG'ai�<`y..G�: z �,,�w���-�-L-cd a�L� - ✓Cy. C2007 NamonEd Nctary A-9socauan- MW De Sato Ave-, RO-Box 24G2 -Chatmvorth, CA 91SIS-2402- wwwL�NabonaiNaLTy.org Item 959077 Reorder. Cal] TDII-�ree 1-80G-976�= 1470 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I' day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7Te DAY OF FEBRUARY 2013. (Seal) "" Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7's day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company, that the said Corporate Seal and his signature were duly affixed. t PlSWWLVAMA NOTARIALML DANIELLEPORATH, Nota'yPutft Notary Public residing at: (Notary Seal) My commission expires: Bala Cynwyd. PA March 22,2016 I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of AUC 1 3 2M 20 Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY ?'� ..... ,,duo 3 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk December 17, 2014 TRI Pointe Homes, Inc. Attn: Thomas G. Grable 19520 Jamboree Road, Suite 200 Irvine, CA 92612 Dear Mr. Grable: Enclosed for your records is a copy of "Subdivision Agreement By and Between the City of Huntington Beach and TRI Pointe Homes, Inc. for Tract No. 17238." Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand