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Approval Final Tract Map No. 19118 - Accept Bonds and Author (2)
RECEIVED BY:,,., CITY CLERK RECEIPT COPY C ✓�•- Return DUPLICATE to City Clerk's Office (Name) after signing/dating 3 1 1 / 2-1.4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION KB TO: City Treasurer FROM: City Clerk DATE: -/A3/02 y SUBJECT: Bond Acceptance I have received the bonds for f f)rim(' ,� ' //t nt/ / 2 pui IV, L1,G (Company Name) l J 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. 41[7-639 y Labor and Material Bond No. i/itn3q$" Guarantee and Warranty Bond No. Monument Bond No. t/t/ a3 7 Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved ,2 /'2C}42�� (Council Approval Date) CC No. Agenda Item No. 021-/_ MSC No. City Clerk Vault No. I/20• Lev Other No. SIRE System ID No. '{17l( g:/forms/bond transmittal to treasurer ' 4 �YctiT�j- 2000 Main Street, Huntington Beach,CA City Huntington92648 • of Beach APPROVED 6-0-1 (McKEON-ABSENT) 047i8 rV:t�: File #: 24-076 MEETING DATE: 2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Jennifer Villasenor, Director of Community Development PREPARED BY: Hayden Beckman, Senior Planner Subject: Approve Final Tract Map No. 19118, accept bonds and authorize execution of a Subdivision Agreement for the Holly Triangle Townhomes subdivision by Bonanni Development Company IV, LLC at 19070 Holly Lane Statement of Issue: Presented for your consideration is Final Tract Map No. 19118 for the Holly Triangle Townhomes subdivision by Bonanni Development Company IV, LLC, at 19070 Holly Lane (east side of Holly Lane, south of Garfield Avenue). This map consolidates 12 lots into a 1.80 acre net lot condominium for the construction of 35 townhomes. Financial Impact: No fiscal impact Recommended Action: A) Approve Final Tract Map No. 19118 and accept the offer of easements pursuant to findings and requirements (Attachment No.1); and, B) Approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement by and between the City of Huntington Beach and Bonanni Development Company IV, LLC (Attachment No. 6); and, C) Accept Faithful Performance Bond No. 4470394, Labor and Material Bond No. 4470394, and Monument Bond No. 4470395 as sureties (Attachment No. 7) for the installation of the subdivision's required public improvements and survey monumentation; and, D) Instruct the City Clerk to file the respective bonds with the City Treasurer and notify the Surety, SureTec Insurance Company, of this action. Analysis: City of Huntington Beach Page 1 of 3 Printed on 2/14/2024 powerel1'LegistarTM File #: 24-076 MEETING DATE: 2/20/2024 A. PROJECT PROPOSAL Applicant/ Property Owner: Chris Segesman, Bonnani Development, 5500 Bolsa Avenue, Suite 120, Huntington Beach CA 92649 Surveyor: Jeffrey A. Walden, Walden & Associates, 2252 White Road, Suite B, Irvine CA 92614 Surety: SureTec Insurance Company Location: 19070 Holly Lane, 92648 (east side of Holly Lane, south of Garfield Avenue) General Plan: RM-sp (Residential Medium Density - Specific Plan Overlay) Zoning: SP9 (Holly Seacliff Specific Plan Residential Medium Density) No. of Acres: 1.80 net No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 35 _ B. BACKGROUND On May 24, 2022, the Planning Commission approved Tentative Tract Map (TTM) No. 19118 to consolidate 12 lots into a one-lot condominium for the development of 35 townhomes. A motion was made by Scandura, seconded by Adam, to approve TTM No. 19118 with findings and conditions carried by the following vote: AYES: Adam, Rodriguez, Acosta-Galvan, Perkins, Mandic, Scandura, Ray NOES: None ABSTAIN: None ABSENT: None C. RECOMMENDATION The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission. The conditions require certain easements to benefit the City for various purposes such as public utilities, police/fire access, and water quality facilities inspection. Also presented for City Council approval and execution are the required Subdivision Agreement City of Huntington Beach Page 2 of 3 Printed on 2/14/2024 poweren4 LegistarnA File #: 24-076 MEETING DATE: 2/20/2024 (between the City and Bonnani Development Company IV, LLC) and bonds pursuant to the Zoning and Subdivision Ordinance and Subdivision Map Act in order for the map to record prior to the required public improvements being completed. Environmental Status: This action to accept Final Tract Map No. 19118, the Subdivision Agreement, and bonds is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Tract Map. No. 19118 4. Planning Commission Notice of Action for Tentative Tract Map No. 19118 5. Tentative Tract Map No. 19118 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Page 3 of 3 Printed on 2/14/2024 powereifialf LegistarTM ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 19118 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Zoning and Subdivision Ordinance, and Tentative Tract Map No. 19118 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept the easement dedications for public utilities, police/fire activities, and water quality facilities inspection. 2. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. 118 1 6 1 . ..I \B 1 e g A 1 A MC FADD6l1 _ �; 1 _ _ _I I cairn \ _r EDINGER •� . 1 ffia wAr<Nrn ♦ • • ♦ surBx A rAlJLC7 ♦• 1 i. ♦• 1� ' cede 8 • , 1 � n 3 ♦ . ` _ • ♦• . Al /4 l Y�7OWN • • ADAMB \**41 . l i 1i Cr INDIANAPOLIS ;1•46 1 \\, HAemaON I HAnI.mN s ; y ,� l _ Garfield Avenue , •BANNING i 4 + wP ,mot of i Its . , $ _ ., -", /4.. . \ �f *- .� k `f', ,, - , r VICINITY MAP TENTATIVE TRACT MAP NO. 19118 119 NUM 1 OF 4 TRACT N0, IV ITV ACC THETED AND FILED REQUEST OF AT NUMBER OF LOTS:1 ACREAGE:2.105 ACRES GROSS FIRST AMERICAN TITLE COMPANY 1.800 ACRES NET IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE DATE OF SURVEY:JUNE 2020 DATE ALL OF TENTATIVE TRACT NO. 19118 STATE OF CALIFORNIA BEING A SUBDMSION OF LOTS 1 THROUGH 6 INCLUSIVE.LOTS 8 THROUGH 11 INCLUSIVE.LOT 33,AND TIME FEE$ A PORTION OF LOT 7,IN BLOCK'A OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH AS SHOWN ON THE MAP FILED IN BOOK 7,PAGES 27 AND 28 OF MISCELLANEOUS MAPS, INSTRUMENT NO. RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. BOOK PAGE FOR CONDOMINIUM PURPOSES HUGH NGUYEN COUNTY CLERK-RECORDER WALDEN & ASSOCIATES BY JEFFREY A. WALDEN, P.L.S. 7914 JUNE 2020 DEPUTY OWNERSHIP CERTIFICATE SURVEYORS STATEMENT WE,THE UNDERSIGNED.BENG ALL PARTIES HAVING ANY RECORD TOLE INTEREST IN THE LAND COVERED BY THIS THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE IMP,DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP,AS SHOWN WITHIN THE WITH THE REQUIREMENTS OF THE SUBDMSION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF CHRIS DISTINCTIVE BORDER UNE SEGESMAN OF BONANNI DEVELOPMENT IN JUNE 2020.I HEREBY STATE THAT ALL MONUMENTS ARE OF THE WE HEREBY DEDICATE AN EASEMENT TO THE PUBUC FOR STREET AND PUBUC UTILITY PURPOSES AS SHOWN CHARACTER AND OCCUPY THE POSITIONS INDICATED,OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY HEREON OVER:GARFIELD AVENUE(GARFIELD STREET).HOLLY LANE(HOLLY AVENUE,HOLLY STREET). TO BE RETRACED.I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONOTRONALLY AND MAIN STREET(TWENTY-THIRD STREET). APPROVED TENTATIVE MAP. WE ALSO HEREBY DEDICATE TO THE CRY OF HUNTINGTON BEACH: „y �/ pHAL LANp 1. AN EASEMENT OVER LOT 1 WITHIN SAID TRACT FOR POUCE AND FIRE DEPARTMENT ACCESS PURPOSES AS `/l// 'S`.� T,L1E,yMSGy� SHOWN ON SAID TRACT. /' 08/17/2023 4.4 .�EQ A WALDEN DATE CL A\ 2. AN EASEMENT FOR ACCESS TO AND INSPECTOR OF WATER QUALITY TREATMENT FACILITY AS SHOWN ON S 914 No.7914 / SAID TRACT. EXPI RON DATE 12-31-23 c WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH: �CA`1fOQ�� ALL VEHICULAR ACCESS RIGHTS TO GARFIELD AVENUE(GARFIELD STREET). HOLLY LANE (HOLLY AVENUE.HOLLY STREET).AND MAIN STREET(TWENTY-THIRD STREET).IXCEPT AT ACCESS CITY ENGINEERS STATEMENT LOCATIONS APPROVED BY THE PLANNING COMMISSION. I HEREBY STATE THAT I HAVE DARNED THIS MAP AND HAVE FOUND R TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP,AS FILED WITH,AMENDED,AND APPROVED BY THE CITY PLANNING COMMISSION;THAT ALL PROVISIONS OF THE SUBDMSTON MAP ACT AND CITY SUBDMSION REGULATIONS HAVE OWNERS: BEEN COMPUED WTIH. BONANNI DEVELOPMENT COMPANY IV LLC.A CAUFORNIA UNTIED WEIR(COMPANY THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE APPROVES THE MAP AS TECHNICALLY CORRECT. DATED THIS DAY OF 20_ 06F ESS/Oi BY: Bf: (CIV\ NAME: NAIADTITLE: TITLE THOMAS M.HERB&R.C.E 53300V p`l� CITY ENGINEER,CRY OF HUNTINGTON BEACH OF CI,1.AS COUNTY SURVEYORS STATEMENT WATERFALL BRIDGE CAPITAL,EC,BENEFICIARY OF A DEED OF TRUST RECORDED FEBRUARY 4,2022 AS I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF INSTRUMENT NO.2022000049085 OF OFFICIAL RECORDS. THE SUBDMSION MAP ACT HAVE BEEN COMPUED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF 20_ �AL LAND KEVIN R.HILLS,COUNTY SURVEYOR �SS-1/4 d'N gW t, NAME NAME: LS.6617 TITLE TITLE: No.8402 BY:LILY M.N.SANDBERG,DEPUTY COUNTY SURVEYOR OF cpa.\Q� SEE SHEET 2 FOR NOTARY ACKNOWLEDGMENTS. PLS.8402 CITY PLANNING COMMISSION CERTIFICATE I,URSULA LUNA-REYNOSA,SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CAUFORNIA,DO HEREBY CERTIFY THAT I WAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP AS FILED WITH,AMENDED,AND APPROVED BY THE HUNTINGTON BEACH CITY PLANNING COMMISSION. DATED THIS DAY OF 20 SIGNATURE OMISSIONS PURSUANT TO THE PROVISIONS OF SECTION 66436(o)(3)(A)OF THE SUBDMSION MAP ACT,THE FOLLOWING URSULA LUNA-REYNOSA SIGNATURES HAVE BEEN OMITTED: SECRETARY TO THE PLANNING COMMISSION 1. STANDARD OIL COMPANY.A CALIFORNIA CORPORATION,ITS SUCCESSORS AND ASSIGNS,HOLDER OF AN CITY OF HUNTINGTON BEACH EASEMENT FOR PIPELINES FOR THE TRANSPORTATION OF OIL.PETROLEUM,WATER AND TELEPHONE LINES AND POLES WITH THE RIGHT OF INGRESS OR EGRESS,RECORDED SEPTEMBER 07,1920 IN BOOK 377, CITY CLERKS CERTIFICATE PAGE 303 OF DEEDS.PORTION OF THE RIGHTSASSIGNED TO CRIMSON CAUFORNIA PIPELINE,LP.,A CALIFORNIA UNITED PARTNERSHIP,TO THE EXTENT THAT SUCH INTERESTS RELATE TO THE NORTHAM STATE OF CALIFORNM PIPELINE ST51tN.RECORDED FEBRUARY 28,2011 AS INSTRUMENT NO.2011000107804,OF COY OF HUNTINGTON BEACH )SS OFFICIAL RECORDS. COUNTY OF ORANGE 2. HOLLY SUGAR CORPORATION,A NEW YORK CORPORATION,HOLDER OF A PERPETUAL RIGHT OF WAY FOR I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CRY THE CONSTRUCTION,MAINTENANCE AND OPERATION OF A SEWER OR DRAIN FROM THE SITE OF RS SUGAR OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY OF FACTORY TO THE PACIFIC OCEAN,RECORDED MAY 15,1926 IN BOOK 652,PAGE 37,OF DEEDS: 20_.AND THAT THEREUPON SAID COUNCIL DID,BY AN ORDER DULY PASSED AND ENTERED,APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE PUBUC,SUBJECT 3. STANDARD OIL COMPANY OF CALIFORNIA A CORPORATION,RS SUBSIDIARIES.THEIR SUCCESSORS AND TO IMPROVEMENTS:THE EASEMENT DEDICATION FOR STREET AND PUBUC UTILITY PURPOSES OF:GARFIELD AVENUE ASSIGNS,AN EASEMENT FOR PIPELINES FOR THE TRANSPORTATION OF OIL.PETROLEUM,GAS,GASOUNE, (GARFIELD STREET),HOLLY LANE(HOLLY AVENUE,HOLLY STREET)AND MAIN STREET(TWENTY-THIRD STREET). WATER OR OTHER SUBSTANCES,WITH THE RIGHT OF INGRESS OR EGRESS,RECORDED APRIL 10,1935 IN BOOK 746,PAGE 151,OF OFFICIAL RECORDS. AND DID ALSO ACCEPT ON BEHALF OF THE CRY OF HUNTINGTON BEACH: 4. THE CITY OF HUNTINGTON BEACH.HOLDER OF AN EASEMENT FOR STREET PURPOSES AND PUBUC THE EASEMENT OVER LOT 1 WITHIN SAID TRACT FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES AS DEDICATED. UTILITIES.RECORDED MAY 22,1963 IN BOOK 6557,PAGE 241,OF OFFICIAL RECORDS. THE EASEMENT FOR ACCESS TO AND INSPECTION OF WATER QUALITY TREATMENT FACILITY AS DEDICATED. 5. THE CRY OF HUNTINGTON BEACH,A MUNICIPAL CORPORATION,HOLDER OF AN EASEMENT FOR STREET AND PUBUC UDUTY PURPOSES,RECORDED JULY 12,1972 IN BOOK 10219,PAGE 605.OF OFFICIAL THE VEHICULAR ACCESS RIGHTS TO GARFIELD AVENUE,HOLLY STREET AND MAIN STREET AS RFT FACED AND RECORDS. RELINQUISHED. 6. THE CRY OF HUNTINGTON BEACH,A MUNICIPAL CORPORATION,HOLDER OF AN EASEMENT FOR ROAD AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(0(3)(A)OF AND PUBUC UTILITY AND INCIDENTAL PURPOSES,RECORDED MARCH 17,1995 AS INSTRUMENT THE SUBDMSION MAP ACT. NO.95-0107964,OF OFFICIAL RECORDS. WITHIN, MAP STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE APPROVES THE 7. PACIFIC COAST HOMES,A CALIFORNIA CORPORATION,HOLDER OF ALL RIGHTS TO WRIER W MAP AS TECHNICALLY CORRECT. UNDERLYING OR PRODUCED FROM THE REAL PROPERTY;AN EXCLUSIVE,PERPETUAL RIGHT AND EASEMENT FOR WEDS AND APPURTENANCES;A NONEXCLUSIVE,PERPETUAL EASEMENT FOR INGRESS AND EGRESS WITH RESPECT TO THE WELLS,RECORDED MAY 09,1996 AS INSTRUMENT NO.19960234732,OF OFFICIAL RECORDS. ROBE ESTANSUU E CRY OF HUNTINGTON BEACH,A MUNICIPAL CORPORATION,HOLDER OF A PERPETUAL EASEMENT AND CITY CLERK OF HUNTINGTON BEACH EL DE RIGHT OF WAY FOR PUBUC STREET AND UTILITIES PURPOSES,RECORDED MAY 19,1997 AS INSTRUMENT NO.19970231419,OF OFFICIAL RECORDS. PURSUANT TO THE PROVISIONS OF SECTION 66436(0(3)(C)OF THE SUBDMSION MAP ACT,THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE STATE OF CAUFORNIA 1. HUNTINGTON BEACH COMPANY,A CAUFORNIA CORPORATION,HOLDER OF ALL MINERALS.OIL GAS, )SS PETROLEUM,OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR COUNTY OF ORANGE PRODUCED FROM SAID LAND,RECORDED JUNE 03,1991 AS INSTRUMENT ND.91-273901.OF OFFICIAL RECORDS. I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE,THERE ARE NO UENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE,COUNTY,MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES,EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDMSION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAKES ON THE LAND COVERED BY THIS MAP. DATED THIS DAY OF 20� SHARI I FRFITFNRICH COUNTY TREASURER-TAX COLLECTOR 120 SHEET 2 OF 4 TRACT N0, 19118 NUMBER OF LOTS:1 ACREAGE:2.105 ACRES GROSS 1.800 ACRES NET IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE DATE OF SURVEY:JUNE 2020 ALL OF TENTATIVE TRACT NO. 19118 STATE OF CALIFORNIA BEING A SUBDMSION OF LOTS 1 THROUGH 6 INCLUSIVE.LOTS 8 THROUGH 11 INCLUSIVE,LOT 33,AND A PORTION OF LOT 7,IN BLOCK A OF THE GARFIELD ADDITION TO HUNTINGTON BEACH AS SHOWN ON THE MAP FILED IN BOOK 7.PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 JUNE 2020 NOTARY ACKNOWLEDGMENT: NOTARY ACKNOWLEDGMENT: A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,ACCURACY,OR VAUDITY OF THAT DOCUMENT. AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF THAT DOCUMENT. STATE OF CAUFORNIA ) STATE OF CALIFORNIA SS SS COUNTY OF ) COUNTY OF ON BEFORE ME, ON BEFORE ME. NOTARY PUBUC,PERSONALLY APPEARED NOTARY PUBUC,PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY 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 EVIDENCE TO BE THE PERSON(S)WHOSE NAME(5)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTTY(IES),AND THAT BY HIS/HER/THEIR SIGNATURES)ON THE INSTRUMENT THE PERSON(S), CAPACRY(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. 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 CAUFORNIA THAT THE I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. IS IN COUNTY. SIGNATURE SIGNATURE MY COMMISSION EXPIRES MY COMMISSION EXPIRES MY COMMISSION NUMBER MY COMMISSION NUMBER _. (NAME PRINTED) (NAME PRINTED) NOTARY ACKNOWLEDGMENT: NOTARY ACKNOWLEDGMENT: A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY A NOTARY PUBLIC OR OTHER OFFICER COMPLETING•THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,ACCURACY,OR VAUDTY OF THAT DOCUMENT. AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ) STATE OF CALIFORNIA SS SS COUNTY OF ) COUNTY OF _ ) ON BEFORE ME, ON BEFORE ME, NOTARY PUBUC,PERSONALLY APPEARED NOTARY PUBUC,PERSONALLY APPEARED_ ,WHO PROVED TO ME ON THE BASS OF SATISFACTORY .WHO PROVED TO ME ON THE BASIS OF SATISFACTORY CADENCE TO BE THE PERSON(S)WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT 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 AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THDR AUTHORIZED CAPACITY(IES),AND THAT BY HE/HER/THDR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S), CAPACTY(IES),AND THAT BY HIS/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PETSON(5), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. 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 CAUFORNIA THAT THE I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH S TRUE AND CORRECT. FOREGOING PARAGRAPH S TRUE AND CORRECT. WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. IS IN COUNTY. SIGNATURE SIGNATURE MY COMMISSION EXPIRES MY COMMISSION EXPIRES _ MY COMMISSION NUMBER MY COMMISSION NUMBER _ (NAME PRINTED) (NAME PRINTED) • 121 SHEET 3 OF 4 TRACT N0. 19118 NUMBER OF LOTS:1 ACREAGE:2.105 ACRES GROSS 1.800 ACRES NET IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE DATE OF SURVEY:JUNE 2020 ALL OF TENTATIVE TRACT NO. 19118 STATE OF CALIFORNIA BEING A SUBDMSION OF LOTS 1 THROUGH 6 INCLUSWE,LOTS 8 THROUGH 11 INCLUSIVE,LOT 33,AND A PORTION OF LOT 7.IN BLOCK'A OF THE GARFIELD ADDITION TO HUNTINGTON BEACH AS SHOWN ON THE MAP FILED IN BOOK 7,PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 JUNE 2020 BASIS OF BEARINGS: EASEMENT NOTES: THE BEARINGS SHOWN HEREON ARE BASED UPON THE BEARING BETWEEN O.C.S.HORIZONTAL CONTROL O INDICATES MI EASEMENT FOR PIPELNE,TELEPHONE UNES AND POLES WITH THE RIGHT OF WAY OF INGRESS STATION GPO NO.5051 AND STATION GPS NO.5052 BDNG NORTH 89°43'02'WEST,PER RECORDS ON OR EGRESS,IN FAVOR OF STANDARD OIL COMPANY,A CORPORATION,RECORDED SEPTEMBER 7,1920 IN BOOK FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR SAID UNE ALSO BEING THE CENTERLINE OF 377,PAGE 303,AND CRIMSON CAUFORNIA PIPELINE,LP.,A CAUFORNIA UNITED PARTNERSHIP,RECORDED GARFIELD AVENUE(GARFIELD STREET). F BRUARY 28,2011 AS INSTRUMENT NO.20110001071304,BOTH OF OFFICIAL RECORDS. ©INDICATE AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES WITH THE RIGHT OF WAY OF INGRESS OR EGRESS,IN FAVOR OF STANDARD OIL COMPANY,A CORPORATION,RECORDED APRIL 10,1935 IN BOOK 746, DATUM STATEMENT: PAGE I51 of DEEDS. COORDINATE SHOWN ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM(CCS83),ZONE VI,19133 OD INDICTS AN EASEMENT AND RIGHT-OF-WAY FOR STREET PURPOSE AND PUBUC UTILITIES IN FAVOR OF THE NAO,(2017.50 EPOCH TICS GPO ADJUSTMENT). CRY OF HUNTINGTON BEACH.A MUNICIPAL CORPORATION,RECORDED MAY 22,1963,IN BOOK 6557,PAGE 241 OF OFFICIAL RECORDS. ALL DISTANCE SHOWN ARE GROUND UNLESS OTHERWISE NOTED.TO OBTAIN GRID DISTANCE MULTIPLY GROUND DISTANCE BY 0.999973025(PROJECT SPECIFIC). ®INDICTS AN EASEMENT FOR STREET PURPOSES AND PUBUC UTLTTS,IN FAVOR OF THE CRY OF HUNTINGTON BEACH,A MUNICIPAL CORPORATION,RECORDED JULY 12,1972,IN BOOK 10219,PACE 605 OF OFFICIAL RECORDS. 0 INDICATES AN EASEMENT FOR STREET PURPOSES AND PUBUC UTLITES.IN FAVOR OF THE CRY OF HUNRNCTON SURVEYOR'S NOTES: BEACH,A MUNICIPAL CORPORATION,RECORDED MARCH 17,1995,AS INSTRUMENT NO.1995-0107964 OF THE UNE OF OCCUPATION APPEAR TO FIT THE EXTERIOR BOUNDARY(DISENCINE BORDER)OF THIS OFFICIAL RECORDS. MAP AS ESTABLISHED HEREON. ©INDICATES AN DICWSNE,PERPETUAL RIGHT AND EASEMENT TO DRILL;A NONEXCLUSIVE,PERPETUAL EASEMENT FOR INGRESS AND EGRESS WITH RESPECT TO THE FACIUTS AND APPURTANCE ABOVE,RESERVED BY PACIFIC INDICATES VEHICULAR ACCESS RIGHTS TO GARFIELD AVENUE(GARFIELD STREET),HOLLY LANE COAST HOMES,A CAUFORNIA CORPORATION,RECORDED MAY 09,1996 AS INSTRUMENT NO.19960234732 OF HOLLY AVENUE,HOLLY STREET),AND MAIN STREET(TWENTY-THIRD STREET)RELEASED AND OFFICIAL RECORDS. RELINQUISHED TO THE COY OF HUNTINGTON BEACH EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION. QH INDICATES A PERPETUAL EASEMENT AND RIGHT OF WAY FOR PUBLIC STREET AND UTILITIES PURPOSES, IN FAVOR OF THE CITY OF HUNTINGTON BEACH,A MUNICIPAL CORPORATION,RECORDED MAY 19.1997 (R1)INDICATES RECORD DATA PER GARFIELD STREET ADDITION TO HUNTINGTON BEACH,Y.M.7/27-28. AS INSTRUMENT NO.19970231419 OF OFFICIAL RECORDS. (R2)INDICATES RECORD DATA PER PARCEL MAP NO.ROOD-2D7,P.N.B.J25/JS-37,AS AMENDED BY Q INDICATES AN EASEMENT FOR STREET AND PUBUC UTILITY PURPOSES DEDICATED HEREON TO THE CRY OF CERTIFICATE OF CORRECTION RECORDED MARCH 10,2004 AS INSTRUMENT NO.2004000197305 OF HUNTINGTON BEACH. OFFICIAL RECORDS. .0 INDICATE A 24.00'WIDE EASEMENT FOR POUCE AND FIRE DEPARTMENT ACCESS PURPOSES DEDICATED HEREON (R3)INDICATES RECORD DATA PER TRACT NO.16497,N.N.860/25-26. TO THE CITY OF HUNTINGTON BEACH. (R4)INDICTS RECORD DATA PER TRACT NO.16289,M.N.837/44-45. 0INDICTS AN EASEMENT FOR ACCESS TO AND INSPECTION OF WATER QUALITY TREATMENT FACILITY DEDICATED HEREON TO THE CITY OF HUMINCTON BEACH. (R5)INDICATE RECORD DATA PER TRACT NO.18106,M.N.982/46-48. A PERPETUAL RIGHT OF WAY FOR THE CONSTRUCTION,MAINTENANCE AND OPERATION OF A SEWER OR DRAIN IN FAVOR OF HOLLY SUGAR CORPORATION,A NEW YORK CORPORATION,RECORDED MAY 15,1926 IN BOOK 652, C INDICATES CALCULATED FROM REFERENCED RECORD DATA PAGE 37,OF DEEDS.(SAID EASEMENT IS FROM THE SITE OF ITS SUGAR FACTORY TO THE PACIFIC OCEAN AND NOT PLOTTABLE FROM RECORD DOCUMENT,NOT SHOWN HEREON) MONUMENT NOTES: A INDICATES FOUND 0.CS.GPS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. I FOUND 2'IRON PIPE WITH BRASS TAG STAMPED'RCE 12589'IN WELL MONUMENT PER(R2,R3,&R4), DOWN 0.8'.POINT IS LOCATED AT CENTERUNE OF GARFIELD AVENUE AND GOLDENWEST STREET.SAID POINT BONG O.C.S.GPS NUMBER 5052,PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. Q FOUND PUNCHED 3'BRASS DISK STAMPED'FIB CITY SURVEYORS Ti''IN STANDARD WELL MONUMENT, PER COUNTY OF ORANGE CORNER RECORD DOCUMENT ND.2014-0638 AND(R2.R3&R4),DOWN 0.9'. POINT IS LOCATED AT CENTERLINE OF MAIN STREET(SOUTH)AND GARFIELD AVENUE.SAID POINT BENG O.C.S.GPS NUMBER 5051,PER RECORDS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR. • INDICTS FOUND MONUMENT AS NOTED BELOW. �3 FOUND PUNCHED 3'BRASS DISK STAMPED'HB CITY SURVEYORS If'IN STANDARD WELL MONUMENT.PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO.2014-0639,DOWN 0.9'.POINT IS LOCATED AT CENTERUNE OF MAIN STREET(NORTH)AND GARFIELD AVENUE ® FOUND Y IRON PIPE WON TAG STAMPED'LS 3347"PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO.2003-1921&2D14-0637 AND(R3),DOWN 1.1'. �5 FOUND 2'IRON PIPE WITH TAG STAMPED'S 3347'PER PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO.2003-1921&2014-0637 AND(R3),DOWN 1.1'. © FOUND BOAT SPIKE(RAILROAD SPIKE)AND AWMINUM WASHER STAMPED'E 3347'PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO.2003-1921 AND(R3),FLUSH.ACCEPTED AS P.I.OF CURVE ALONG CENTERLINE OF MAIN STREET PER(R2)AND CR NO.2003-1921. ❑7 FOUND GEAR SPIKE(COTTON SPINDLE,SPOKE)AND BRASS WASHER STAMPED'LS 7707-PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO.2014-0636,FLUSH. �8 FOUND 2'IRON PIPE WITH TAG,NO NUMBER,IN WELL MONUMENT PER COUNTY OF ORANGE CORNER RECORD DOCUMENT NO.2004-0505,DOWN 1.2'. El SEARCHED,FOUND NOTHING. • O INDICATES A 2'IRON PIPE WTH TAG STAMPED'PLS 7914'OR LEAD AND TAG STAMPED'PLS 7914'OR SPIKE MID WASHER STAMPED'PLS 7914'TO BE SET AT TRACT AND LOT CORNERS AS SHOWN.WITHIN 9D DAYS AFTER ACCEPTANCE OF IMPROVEMENTS.UNLESS OTHERWISE NOTED. 122 SHEET 4 OF 4 TRACT NO. 19118 NUMBER OF LOTS:i ACREAGE:2.105 ACRES GROSS 1.800 ACRES NET IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE DATE OF SURVEY:JUNE 2020 ALL OF TENTATIVE TRACT NO. 19118 STATE OF CALIFORNIA BEING A SUBDMSION OF LOTS 1 THROUGH 6 INCLUSIVE,LOTS 8 THROUGH I INCLUSIVE.,LOT 33,AND A PORTION OF LOT 7,IN BLOCK°A OF THE GARFIELD ADDIRON TO HUNTINGTON BEACH AS SHOWN ON THE MAP FILED IN BOOK 7,PACES 27 AND 28 OF MISCELLANEOUS MAPS, • RECORDS OF THE COUNTY RECORDER OF SAID COUNTY. NOTES: FOR CONDOMINIUM PURPOSES SEE SHEET 3 FOR BASIS OF BEARINGS, DATUM STATEMENT. WALDEN Sc ASSOCIATES SURVEY NOTES, MONUMENTS NOTES AND EASEMENT NOTES. JEFFREY A. WALDEN, P.L.S. 7914 JUNE 2020 - N 89'43'02- W 200.12' - N 89°43'02' W 180.43' -7 J E - I GARFIELD AVENUE O ' O o L7 __ N 89°43'02- W 200.12' -,_ � ___ �L � . y� f m a _ N 89'43.02' V/ 112.13' d ^F w ! H 99 `vIrrG. 1r. N 89°43'02' W 200.11' "' N 89°43.02- W 75.15'-, " a nm Io" F LOT 1 © i n��^ z 1. / .,2 N /‘ EASEMENT DETAIL °P,it" & L SCALE•1'=30 _11 (n ESTABLISHED AS NE CORNER TRACT W LOT 7,M.M.7/27-28 BY NO• 75531 SEE DETAIL'A'BELOW W PRORATION PER(RI) Z M.M. 771/26-32 W w s / 0J W CPS NO. 5052 ` I GPO NO.5051 / O GARFIELD AVENUE = 1 C7 N=219"/932.9° (GARFIELD STREET R1 m E=6030020.57 �E=6027462.63 ,_, BASIS OF BEARINGSm N 89'43'02-W 2558.04' (2557.97'ORD) (GPS) ) o w 1960.59'L(1980.55'R2 C) - 577.5' (577.15'RI) (577.48'R2) (577.46'R3) (577.51'R4) 3 }}} ,1 (198°.60'R3 C)- - - n 12119' } _I (1980.52'R.C)/ 0 n f J' / �1 tl�' w S S N 89'43'02'V/ 430.58' (430.30'R1 C) \ �. 1y 7. 6 5S SIE1 /I ."1'.-- `(Ssp:„,LI )�1 O•� s, 360.55'(380.30'R1 C)I O•I 1� p " [ / .1"�U�/��CI N 89°43.02-W 293.31' ;¢ i1 4 i / Z�G� p/a ��M/mlg n 10r� sa.7B' cl `}}1 m. / •� , 30' 30././ , 'CQEF 160' ttff 1"1' w �O LOT 1 / P9' cl- is. 91,699 SO FT-2.105 ACRES GROSS ,L / G °6 z 78,436 SO FT-1.800 ACRES NET m I \o. / N 69°42'35 W 231,453, c� �_�� _ _ N_89°43'OY_ 5.55' _�__ _ _ \ I m y !i N 87'42'35 W 225.05' o ` / C o • ‘4 j Cd cQ l .4) Ja. 4. \ FP e5 aG O mNv 4\\ E '1 A a" NI Z2. 6 1 u< W //4' �a1� dry,P9 .y0 Y z e n 7,( `1 W ��,/deb ti�/ O n o tiA Ala ��,�'C^sy' l >ti Pl ' �v z m� SOyg /46 � 50 25 50 100 w 1' �3p...�� eti �A I `I'I QZn ll�, �"t� , /yo,� 1'Y �„ I Q% V Q / `�. 'l.� 4j(-�� GC21F IN FEET ,,j a 1Gy 6' 1 inch-50 IL - J. L/ _m Q J / r 4. S�PG CURVE TABLE NO' z 1*4' • h, W CURVE DELTA RADNS LENGTH CI 135b0'4W 32.00' 75.41' 30' 30' e ? _ (� ��O N 76`4s'33•W f 60 .^�Y'y S. / C2 135'00'49" 30.00' 70.69' �pG (GPS RF)\.90' \, 'C C3 89°58.23' 32.00' 50.25' .�O -_"" 'i /- �� C4 135b0'48' 20.00' 47.13' 9, \ / / /�\ LINE TABLE !Z' p9� G� - ,44• 16 �6 2E / /�V LINE BEARING DISTANCE 43. 43' / 1.99'(2.00'CR 2014-0636 '� ,� 01�' m AND CR 201h0639) p `5 LI N B9°43.0T W j 60.03' QG $6 �m • c' / /t�%* L2 N 00°18'34'E I 20.00' ��,. Im,y` P'S BASIS OF BEARINGS 4�` 1 L3 N 89'43'OY W j 18,05' vI `5'. N 89'43'0Y W 2558.04' GARFIELD AVENUE _ L4 N CC'18'34 E j 18.00' -4:577.45' •', • - j %. L5 N 00'18'34'E 8.00' Fyl 74"�,DEd C4. L6 N 00'18'34 E j 10.00' M136 6�py"'1* L7 N 44'42.14'W j 42.40' �i`2' , L8 N 44'42'14'W 32.46' \ 6 4. e \ �, Ih / ti0 / Pam? ? Lryp/ / 0 11' / \ DETAIL "A" 1 / --XL.. CENTERLINE OF MAIN STREET N0 SCALE AS SHOWN ON (R2) _ __....-- 123 -44 " -44 Huintingtoh Beach -PI mining Commission + - + !), ?MCI MAIN-SitHEET CALIFORNIA 92648 - - NOTICE OF ACTION May 25, 2022 Chris Segesrnan 'Bonanrii Development 5500 Bolsa Avenue, Suite 120, 'Huntington Reach CA 92649 SUBJECT: GENERAL PLAN AMENDMENT (GPA) NO. 20,003/ZONING TEXT AMENDMENT (ZTA) NO 20-0034 RNTATIVE TRACT MAP (ITTM) :NO.. 19118/CONDITIONAL USE PERMIT (Cup) No. 20426/ENVIRONMENTAL ASSESSMENT No. 20,093 (HOLLY TRIANGLE TOWNHOMESy Continued from May 10;,422 AorucANT: Chris-Segearriah, Bbnanni,Development, 5500.13olsaAverare-I Suite 120, Huntington Beach.CA 92649 PROPERTY OWNERS BOnanni Development; 5500'BPlaa.Avenue, Suite 120, Huntington Beach CA .92649 . _ . REQUEST: GPA: To amend the General Plan designation from Commercial . Neighborhood-Specific Plan Overlay (ON-sp) to Residential Medium Density- Specific Plan Overlay (RIVI,ap);,4TAt To amend the existing zoning designation Within the Holly-Seacliff Specific Plan,($P9)from Commercial(C)to Residential Medium Density TTM To consolidate 1,2 lots into a 1.80 net acre lot for condominium purposes. CUP: To 1) develop 85 three-story attached townhomea up to 40 feet tall, and 2) allow 43-inch and 6-foot tall walls in lieu of 42-inch Walla in thelOrfoot front yard setback along Holly Lane and 6-foot tall walls in lieu of 42-inch walla in the 15-foot front yard setback area along Main Street EA ,Preparation of Addendum No. 1 to the Holly-Seactiff Specific Plan EIR No. 89-1 to analyze the potential,environmental impacts of the proposed project LOCATION: 19070 Holly Lane, 92648 (e.ast,side of Holly Lane, south of Garfield Avenue) DATE OF ACTION: May 24,2022 Ori Tuesday, May 24, 2022, the Huntington Beach Planning Commission took action on your application, and recommended approval of General Plan Amendment No. 20-003' by approving the draft City Council Resolution and forwarded the recommendation to the City Council, recommended approval of Zoning Text Amendment No. 20-003 with findings for approval by approving the draft Ordinance and forwarded the recommendation to the City . . _ Phone 714-538-5271 pax:7107054a 1A/WW.surfeity-0164.9rg Notice of Action:GPA 20-003/ZTA 20-003/TIM 19118/CUP 20-025/EA 20-003 May 25,2022 Page 2 Council, recommended approval of Environmental Assessment No. 20-00.3 with findings by approving the draft- Resolution- and forwarded the recommendation to the City Council , and approved Tentative Tract Map No. 19118 and Conditional Use Permit No. 20-025 with findings and conditions of approval. Please see the attachment list for the applicable documents for each application. The application for GPA No. 20-003, ZTA No. 20-003, and EA No. 20-003 will now be forwarded to the City Council for final review and action at a noticed public hearing. You will be notified of the upcoming City Council meeting when it is scheduled. • Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission on Tentative Tract Map No. 19118 and Conditional Use Permit No. 20-025 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 filing fee of Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) 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 Friday, June 3, 2022,at 5:00 PM. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Alyssa Helper, the project planner,-at (714) 536-5438 or via email at Alyssa.Helper@surfcity-hb.org, or the Community Development Department at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary. Planning Commission By: !4 Matt Schn i r, Planning Manager ULR:MS:AH:kdc Attachments: 1. Findings and Conditions for Approval -ZTA No. 20-002, TTM 19118, and CUP No. 20-025 2. EA No. 20-003 Draft City Council Resolution - 3. GPA No. 20-003 Draft City Council Resolution 4. ZTA No. 20-003 Draft Ordinance c: Honorable Mayor and City Council Chair and Planning Commission Sean Joyce, Interim City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief 125 Notice of Attica GPA 20-003/ZTA 20-003/TTM 49118/CUP 20-025/EA 20-003 May 25,2022 Page,2 Mike Vigliotta, Chief Assistant city Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Property Owner Project File • 126 ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL ZONING TEXT AMENDMENT NO.20-003/ TENTATIVE TRACT MAP NO. 19118/ CONDITIONAL USE PERMIT NO. 20-025 FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 20-003: 1. Zoning Text Amendment (ZTA) No. 20-003 to amend the existing zoning designation within the Holly-Seacliff Specific Plan (SP9) from Commercial (C) to Residential Medium Density • (RM) to allow for the development of up to 15 dwelling units per acre is consistent with the goals and policies of the General Plan-as identified below. A. Land Use Element Goal LU-1 - New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1-C - Support infill development, consolidation of parcels, and adaptive reuse of existing buildings. Policy LU-1D- Ensure that new development projects are of compatible proportion, scale and character to complement adjoining uses. Policy LU-2D -Maintain and protect residential neighborhoods by avoiding encroachment of incompatible land uses. Policy LU-2E - Intensify the use and strengthen the role of public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington-Beach. Goal LU-4- A range of housing types is available to meet the diverse economic, physical, and social needs, of future and existing residents, while neighborhood character and residences are well maintained and protected. Goal LU-7 - Neighborhoods, corridors, and community subareas are well designed, and buildings, enhanced streets, and public spaces contribute to a strong sense of place. The project includes a ZTA to implement the land use designation proposed as part of General Plan Amendment No. 20-003 and enable the redevelopment of a primarily undeveloped site into a residential community consisting of 35 townhomes. The project also includes Tentative Tract Map (TTM) No. 19118 to consolidate 12 existing lots into a one lot condominium map • for the development of the attached townhome units. Redevelopment of the primarily undeveloped site with a residential townhome project and approval of the TfM to consolidate G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003 TTM 19118_CUP 20-025_EA 20-003(Holly Triangle)_ Attachment 1.1 127 the existing onsite lots into one lot would support the City's goals and policies aimed at promoting infill residential develcipment. The project will develop the property with three-story townhomes that,will exhibit a modern coastal architectural .style,with elements of farmhouse and coastal design that are in keeping with the proportion, scale, and character of the neighborhood and will add to the range of housing types available in the comMunity. Approval of the ZTA will ensure.that the project is consistent with the development standards for RM uses as outlined in ,the Holly-Seacliff'Specific Plan and the Huntington 'Beach Zoning and Subdivision Ordinance ,(HBZSQ). The project also provides enhanced landscaping areas along,each of the three streets that form the site boundaries to enhance existing vehicular and pedestrian connections within the project area. B. Housing Element Policy .71.1 - Preserve the character,' scale and quality of established residential neighbOrhaods. Goal 2 - Provide adequate housing sites through appropriate land use, zoning and specific plan designations to accommodate Huntington Beach's share ofregional housing needs, Policy 2.1.. - Provide site opportunities for development of housing that responds to diverse community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3 - Enhance housing affordability so that modest income:households can,remain an integral part of the Huntington Beach community. - Encourage the production of housing that meets,all economic segments of the community; including lower, moderate, and upper income households, to maintain a balanced'conimunity. Policy 3.2-Utilize the City's Inclusionary HoUsing Ordinance as a tOol to integrate affordable units within market rate .developments Continue to prioritize the constructiOn of affordable units on-Site, with provision of units off-site or payment of an in-lieu housing fee as a less preferred alternative, Policy 3.3 - Fad-date the development of affordable housing through regulatory incentives, and concessions, and/or financial assistance, With funding,priority to projects that include extremely low income units. Proactively seek out new models and approaches in the provision of affordable housing. Policy 3.4 -Explore collaborative partnerships with non-profit organizations, developers, the business community and governmental agencies in the provision oraffOrdable housing.. Policy 4.1,-Regulatory Incentives for-Affordable Housing Support the use of density bonuses and other incentives, such,as fee deferrals/waivers and parking reductions, to offset or reduce the costs of developing affordable'housing while ensuring that potential impacts are addressed. The proposed project will develop a mostly vacant, underutilized site with 35 three-story townhomes that will be consistent with the scale and nature of residential land uses G:PCINOM22\052.422 GPA 20-003-ZTA 20-003_UM 19118 CUP 20-025-EA 20-D03(Holly Triangle)._ Attachment 1.2 128 surrounding the site. The project would respond to community needs for pedestrian infrastructure adjacent to housing by developing the subject property, which has an existing bus stop on Main Street, with a residential project and constructing a new sidewalk along Holly Lane. The project will comply with the Holly-Seacliff Specific Plan's affordable housing requirement to provide 15 percent of the proposed dwelling units as affordable units because the Applicant is providing 5 affordable units on the site. Due to the provision of affordable housing, the Applicant is entitled to a 10 percent density bonus, one incentive/concession, and an unlimited number of waivers of development standards as permitted by the California Density Bonus Law. The project includes a 10 percent density bonus to allow 16.59 units per gross acre instead of the maximum density of 15 units per gross acre established in the Holly-Seacliff Specific Plan. The project is not requesting any incentives/concessions, but does include waivers of development standards to allow for a reduced front yard setback along Holly Lane (10 feet instead of 15 feet) and a reduced building separation between several of the onsite buildings (15- and 16-feet instead of 20- feet). Approval of the density bonus and the requested waivers would serve as mechanism to accommodate additional housing and add to the City's overall housing-stock. 2. The ZTA would-change the land use designation of the subject property and modify text within the Holly-Seacliff Specific Plan to enable development of the site with a medium- density residential project. Conservatively, the addition of 35 units on the site has been reflected in the overall development capacity for the Specific Plan to ensure consistency with the proposed RM designation on the subject property. However, because residential uses developed under the Specific Plan have largely been developed at lower densities than what was;permitted under the Specific Plan, the proposed ZTA will be consistent with the overall residential development capacity that was envisioned for the Specific Plan area. Furthermore, the ZTA will not affect the overall land use uses or the development,standards prescribed for the RM zoning district established in the Holly-Seacliff Specific Plan. 3. A community need is demonstrated for the change proposed because it will allow an underdeveloped site to be developed with a residential use that is consistent with the character of_the area and will add to the City's housing stock. 4. Adoption of the ZTA will be in conformity with public convenience, general welfare and good zoning practices because residential uses are a more appropriate land use for the site than commercial uses. The site is surrounded by residential uses on all sides and development of a commercial use on the subject property would result in greater impacts to existing residences than a residential use, such as the proposed project. Furthermore, a residential use is more appropriate than a commercial use on the property because the site .has been zoned for commercial uses since adoption of the Specific Plan and has yet to be developed with a commercial use outside of the glass shop on the northwest corner. Therefore, adoption of the ZTA will implement the land use designation proposed with General Plan Amendment No. 20- 003 and the overarching goals and policies in the Specific Plan, and would result in a land use on the property that is more compatible with the surrounding neighborhood. FINDINGS FOR APPROVAL -TENTATIVE MAP NO. 19118: 1. Tentative Tract Map (TTM) No. 19118 to consolidate 12 lots into a 1.80 net acre lot for condominium purposes is consistent with the Holly-Seacliff Specific Plan land use designation of Residential Medium Density (RM) on the subject property, applicable provisions of the G:PC\NOA\22\052422 GPA 20-003 ZTA 20-003_TTM 19118_CUP 20-025 EA 20-003(Holly Triangle)_ Attachment 1.3 129 Subdivision Map'Act, and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The TTM con-plieswith all, development.standards set forth in the Specific Plan, including minimum lot size and width. The ,proposed su ivision is also consistent with the goals, . . policies, and:objectives of the General Plan Land Use Element that govern new subdivisions. and residential,development: These goals and policies call for a range:of housing types to be available to meet the diverse economic, physical, and social needs of future: and existing residents, while:maintaining the neighborhood character of the surrounding area.. 2. The site is physically suitable forthe type and density of development proposed as part of the project because the subject property is located in a residential neighborhood: with similar residential ,development under the same Residential Medium Density land use and zoning designations.. The :applicant will physically construct or pay fees for all infrastructure imto reduce thes.potent all for traff c Congestion and vehicular conflicts on Garfield provided off Holly Lane - to required r. .Gar Avenue and Main Street, and to foster a connection with existing residential:neighborhoods across Holly Lane. Emergency access will be provided via Holly Lane and an emergency-vehicle- access- only.accesspoint:off of Main Street. The private streets comply with the City's standard drive aisle/fire lane width of 24 feet and will provide direct access to each unit and its attached garage. The project will also provide 82 parking sp aces, including 70 spaces within 2-car attached- garages associated with each unit. and 12 Off-street guest .spaces.. Pedestrian. access to the site will be provided by existing sidewalks along, Main, Street and Garfield Avenue and a new sidewalk to be constructed along Holly Lane: Therefore, the protect site suitable to accommodate'the type of development proposed The proposed subdivision would result in a density of 1659 units per gross acre, which is allowed under the California Density Bonus. law and is consistent with the request .for this property to be designated Residential Medium Density. The proposed density would be consistent with the character- of.other.higher density multi-family residential uses in the project vicinity. Therefore, the site's size, shape, and topography are conducive to the development of a new residential development that conforms to the Holly-Seacliff Specific Plan, the General Plan;'HBZSO, and other city requirements and is in keeping with the character of the surrounding neighborhood. 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 because.the site has been previously been disturbed and is void of -any wildlife habitat. However, because oil drilling operations previously occurring on the site, the project includes the re-abandonment of two onsite wells and the installation of a methane barrier system under the proposed residences pursuant to City Specification 422 and:429 to avoid any health hazards associated with the oil wells onsite. Project design features, compliance with regulatory requirements, and implementation of modified mitigation measures-outlined in Environmental Assessment No. 20-003.{Addendum No.. 1 to the..Holly- Seacliff Specific Plan Environmental Impact Report [EIRJ) will ensure that the subdivision will not cause serious health problems or substantial environmental damage. 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 only existing easement on the property, is a private utility easement for the benefit of Standard Oil or its successors and was originally granted to lay down an' oil pipeline on the site: This G;PCINOAI221052422 GPA 20-003 ZTA 20-003 TTM 1911B_-GUP 20-025_EA 20-003'HaliyTriangle)_ Attachment 1.4 130 • easement will continue to be in place on the property following project implementation. The subdivision will provide all necessary streets,sidewalk, and utility easements taserve the new development. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 20-025: 1. Conditional Use Permit No. 20-025 to develop 35 three-story attached townhomes up to 40 feet tall, and allow 43-inch and 6-foot tall walls in lieu of 42-inch walls in the 10-foot front yard setback along Holly Lane and 6-foot tall wails in lieu of 42-inch walls in the 15-foot front yard setback area along Main Street will not be detrimental to the general welfare of persons • working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project will improve an existing underutilized site with a residential development consistent with other uses in the vicinity. The project will also result in a visual and economic improvement from existing conditions on the site, which largely consists of an undeveloped dirt lot and a small glass shop, and will assist in meeting the changing housing needs of the community. The project will comply with development standards in the Specific Plan, including building height, lot-coverage, and landscaping and will be consistent with-the overall bulk and scale of existing residential uses in the project vicinity. The project also includes façade breaks, a variation in the color scheme for each elevation, and roof variations into the design of each plan to minimize overall building mass and- scale for each of the proposed units. The proposed units will be designed to reflect a modern coastal/farmhouse architectural style and will use of durable high quality building materials to enhance the project design and ensure its compatibility with the surrounding area. The 43-inch and 6-foot tall walls in the 10-foot front yard setback along Holly Lane and 6-foot tall walls in the 15-foot front yard setback area along Main Street will buffer onsite activities from surrounding uses. The project also includes a 15-foot landscaped area within the front yard setback along Main Street and an approximately 2.5-foot landscaped area within the front yard setback along Holly Lane, which would soften the appearance of the walls and enhance the streetscape within the reduced front yard setback area. Existing roadways forming the boundaries of the site will also provide an adequate setback to buffer onsite activity from adjacent uses and minimize any impacts to the general welfare of people working or residing in the vicinity of the site. Furthermore, as- demonstrated in Addendum No. 1 to the Holly-Seacliff Specific Plan EIR, the project will not result in any adverse or significant environmental Impacts, including traffic, noise, lighting, aesthetics, or hazardous materials, that would be detrimental to the general welfare of people in the vicinity of the site. 2. The granting of the conditional use permit to develop 35 three-story attached townhomes up to 40 feet tall, and allow 43-inch and 6-foot tall walls in lieu of 42=inch walls in the 10-foot front yard setback along Holly Lane and 6-foot tall walls in lieu of 42-inch walls in the 15-foot front yard setback area along Main Street, will not adversely affect the General Plan because once approved, the project will be consistent with the Residential Medium Density Land Use Element designation established within the Holly-Seacliff Specific Plan. The proposed project is also consistent with the General Plan goals and policies listed below. A. Land Use Element Goal LU-1 - New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003_TTM 19118_CUP 20-025_EA20-003(Holly Triangle)_ Attachment 1.5 131 • Policy LU-1C Support inflU deVelopment, consolidation,bf parcels and adaptive reuse of existing buildings. Policy Ensure'that new deyelopment projects are of compatible propOrtidni soale and, character to:doMplement adjoining uses. Policy LU-2D - Maintain and protect residential neighborhoods by Pvdiding encroachment of incompatible land uses. Policy LU-2E - 'Intensify the use and strengthen the role of .public art, architecture, landscaping, site design, and development patterns to enhance the visual image of Huntington Beach. Goal LU-4 A.range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences are well maintained and protected. Policy LU-4D Ensure that single-family residences are of.compatible proportion, scale and character to surrounding neighborhoods. Goal LU-7 Neighborhoods, corridors, and community subareas are well designed, and buildingS, ertanCed streets, and public:spaces contribute toa strong sense of place. The proposed 35-unit development will continue the land use pattern of medium-density residential uses in the surrounding area. The project also supports infill development, as the project is located on an underutilized lot with. a singular Wait:building that will be demolished as part of the proposed project The proposed project will be compatible in proportion, scale, and character with the surrounding neighborhood because there are similar medium-density residential units surrounding the site. Furthermore, the attached townhomes will provide a mix of housing types to meet the diverse economic, social, and housing needs of the community. The proposed residential plans illustrate a modern coastal architectural style with elements of farmhouse and coastal design that are in keeping with the proportion, scale, and character of the,neighborhood.-The project also provides enhanced landscaping areas along each of the three primary streets that fOrrin the site tpouridaries,and at each of the.three Street corners to enhance eXisting streets and pedestrian connections within the project area. B. Housing Element POlicy 1.1- Preserve the character, scale and quality of established residential neighborhoods. Goal 2 Provide adequate housing Sites through'appropriate.land use, Zoning.and specific plan designations to accommodate Huntington Beach's share of regional housing needs Policy 2.1. - Provide site opportunities for development of houting that.respond to divere community needs in terms of housing types, cost and location, emphasizing locations near services and transit that promote walkability. Goal 3 - Enhance housing affordability so that modest income households can remain an integral part of the Huntington Beach community, G:PCMIOA1221052422.GPA 20;-003_ZTA 20-003 T111119118 CUP 20-025_EA 20-003(Hotly Triangle) Attathment 1.6 132 Policy 3.1 - Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. Policy 3.2 -Utilize the City's Inclusionary Housing Ordinance as a tool to integrate affordable units within market rate developments. Continue to prioritize the construction of affordable units on-site, with provision- of units off-site or payment of an in-lieu housing fee as a less preferred alternative:. Policy 3.3 - Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance, with funding priority to projects that include extremely low income units. Proactively seek out new models and approaches in the provision of affordable housing. Policy 3.4 - Explore collaborative partnerships with non-profit organizations, developers, the business community and governmental agencies in the provision of affordable housing. Policy 4.1 - Regulatory Incentives for Affordable Housing Support the use of density.bonuses and other incentives, such .as fee deferrals/waivers and parking reductions, to offset or reduce the costs of developing affordable housing while ensuring that potential impacts are addressed. The proposed project will develop a mostly vacant, underutilized site with 35 three-story townhomes that will be consistent with the scale and: nature of residential -land uses surrounding the site: The project-will comply-with the Holly-Seacliff Specific Plan's affordable housing requirement to provide 15 percent of the proposed dwelling units as affordable units because the applicant is providing 5 units for families. Therefore, approval of project will accommodate additional housing and add to the City's.overall housing stock. • 3. The proposed project will comply with the provisions of the RM (Residential Medium Density) district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. With the exception of two waivers of development standards and a Conditional Use Permit to allow walls exceeding 42 inches within the front yard setback areas along Holly Street and Main Street, development of the project will occur in accordance with the development standards outlined in the Specific Plan and applicable provisions of the California Density Bonus Law. The project includes a density bonus of 1-0 percent to allow 16.59 units per gross acre instead of the maximum density of 15 units per gross acre established in the Holly-Seacliff Specific Plan and waivers of development standards to allow for a reduced front yard setback along Holly Lane (from 15 feet to 10 feet) and a reduced building separation between several of the onsite buildings (from 20 feet to 15- and 16-feet). The project Conditional Use Permit request will allow 43-inch and 6-foot tall walls in lieu of 42- inch walls in the 10-foot front yard setback along Holly Lane, and to allow 6-foot tall walls in lieu of 42-inch walls in the 15-foot front yard setback area along Main Street to provide privacy to onsite residents. The project also includes a 15-foot landscaped area within the front yard setback along Main Street and an approximately 2.5-foot landscaped area within the front yard setback along Holly Lane, which would soften the aesthetic appearance of the walls and enhance the streetscape within the reduced front yard setback area. The configuration of these walls provides for a varied setback along the street frontage, in accordance with the City's Urban Design Guidelines, and a green-space buffer adjacent to the sidewalk. In G:PC\NOA\22\052422 GPA 20-003_ZTA 20-003 TTM 19118 CUP 20-025 EA 20-003(Holly Triangle)_ Attachment 1.7 133 addition, the provision of private patio areas along Holly Lane will contribute to the sense of community and provide more "eyes" on the street consistent with principles of Crime Prevention through Environmental Design. With the exception of the CUP request for Wall, heights, the only deviations from applicable development standards established in the base zoning district and other applicable provisions in Titles:20=25 are related to the requested, Waivers of development standards, density bonus, and reduced parking ratio included as part. of the projept as permitted under the California Density Bonus Law. CONDITIONS.OF APPROVAL—TENTATIVE TRACT MAP NO. 101'18: 1. The Tentative Tract Map No. 19118 received and dated September 1., 2021 shall be the approved layout with the following Modifications: a The text indioating, "ALLEY '170 BE VACATED", shown ,Within Lot 33 shall be renioved froM the subject'tentatiVe Tract Map. (PW). b. The text, "LOT 33 (PRIVATE ALLEY) TO BE ABANDONED BY CITY OF HUNTINGTON BEACH.PER FINAL MAP" shall be revised to indicate, "LOT 33 TO BE TRANSFERRED TO THE ADJACENT PROPERTY OWNER".. (PW) c. Identify the location of the existing pipeline and associated easement on all TTM plans and construction,related documents. (PC) 2. Prior to recordation of the final map foctentative Tract IViap No. 19113, the transfer of Lot 33 (to the adjacent property owner) shall be finalized with the City and recorded with the County Recorder. (PW)' 3. Pursuant to. Section 230.14.of the HBZSO, the final map for Tentative Tract Map-No. 19113 shall not be approved by the City Council until an Affordable Housing Agreement has been approved by the City Council. 4. Prior'to-issuance of a grading permit and at least 14 days prior to any grading activity, the _ applicant/developer shall provide notice in writing to property=owners of record and tenants of properties within'a .500-foot radius of the project site as noticed for the public hearing. The notice shall include a .general description of planned grading activities and an, estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of'the grading permit, a dopy of the notice and list of redipientsshall be submitted to the'CoMmUnity DeVelopment Department. 5. Prior to issuance of Building Permits, an Affordable Housing Agreement'in acdordande with the Affordable Housing Program shall be submitted to the Community Development Department for review and approval by the City Attorney, and accepted by the City Cbuncil. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. The Agreement shell comply with. HBZSO. Section. 230.14 and include, but not be'limited'to,the following items: a, The project shall include a total of five onsite units that are affordable to Moderate Income Househblds for a duration of 45,years; b: 'The method in which the developer and the City are to monitor the affordability of the G:Pb\NOA\22\052422'GPA 20,003_trA 20-003 TTlill19118_CUP.20-028LEA 0-003(Hotly:Trianglp)_ Attachmebt 1.8 134 subject affordable units and the eligibility of the tenants or owners of those units over the period of the agreement; c. The method in whidh,vacancies Will be Marketed and filled; d. A description of the location and unit type (bedrooms, floor area, etc.) of the affordable units,within the project Affordable units shall;be located throughout the project and shall include a miXture of unittypes in thasarne ratio as provided throughout the project; and e. Standards for maximum qualifying household incomes-and standards for maximum rents or sales prices. 6. Prior to submittal of"the final tract and,at least'90 days before,City Council action on the final map, Conditions Covenants & Restrictions (CC&Rs) shall be submitted to the Community Development Department, Public Works, Fire, and City Attorney's office for review and approval. The CC&Rs shall identify the common driveway access easements, and maintenance, repair and replacement of all walls, common landscape areas; irrigation, drainage facilities, water quality E3IVIP's, water system lines, fire system lines, sewer system lines, and private service lines by the Homeowners'Association. The CC&Rs shall restrict any revision or amendment of the VVQMP except as may be dictated by either local, State, or federal law and the LIP. The CC&Rs shall.include notification to all potential buyers and renters of the effects resulting from,on-site and off-site oil infrastructure (including oil wells and an active pipeline), oil production activities and other adjacent industrial uses including the frequency and locations of maintenance and service operations, noise levels, and potential odors: The CC&Rs shall include the allowable and prohibited encroachments into or on the pipeline easement, the contact information for the applicable regulatory agencies (City and state), and emergency procedures, as Well as the contact information and responsibilities of the pipeline operator and all other relevant information to ensure no damage would occur to the pipeline during operation and to protect the health and safety of onsite residents. The CC&Rs shall also include a parking management plan to ensure the ongoing control of availability of on-site parking including but not limited to: the implementation of a parking. permit system, restricting garages from being converted to living quarters, ,workshops, or storage that will preclude the parking of two vehicles, all open parking spaces within the project shall be unassigned and available for visitors and guests, no boat, trailer, camper, off-road vehicle, golf cart, commercial vehicle, mobile home, motor home, bus, or other recreational vehicle or any non-operating vehicle shall be parked or stored in any open sparking spaces; and towing of any vehicles violating the restrictions within the CC&Rs. The CC&Rs shall also include disclosure to hpmebuyers that the property is adjacent to and in the vicinity of industrial sites. The CC&Rs must be in recordable form prior to recordation of the Map: (HBZSO Section 253.12,H) 7. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls; walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department Double walls shall be avoided to the greatest extent feasible. 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. The plans shall identify materials, seep holes and drainage. 8. Comply with all applidable mitigation measures adopted for the project in conjunction with the. Environmental Assessment No. 20-003 (Addendum No. Ito the Certified, Final Environmental p:PC1N9A\221052422GPA 20-003 ZIA 20-003 T1111119-118,SUP 20-025_EA 20-003(Holly Triatiglp)_ Attachnieht 135 Impact Report for the H011y-Seacliff SpeCific Plan). 9. Incorporating sustainable pr "green' b,pilding practioeS into the design of the Propbsed structures and aSsOciated site improvements is highly encouraged:. Sustainable building practices may include (but are not limited to) those Irecommended by the l) S: Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (hftp://wWw.usobc.oraDisplavPape.aspx?CategorVIDt19) or Build It Greenrs Green Building Guidelines-and Rating Systems(httOl/WWw.bUildittireen.Otokireen-building-duidelines-ratinq). 10. The development services departments (Community Development Department, Fire Department, and Public Works) shall be responsible for ensuring. compliance with all applicable code requirements and conditions of approval. The Director of Community. Development may approve .minor amendments to the plans arid/Or conditions of approval as appropriate based on changed Circumstances, new information.or other relevant factors: Final map review and permits shall not be issued.untit 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 241:111 CONDITIONS OF APPROVAL 'CONDITIONAL USE PERMIT NO. 204125: 1. The site plan, floor plans,. elevations, landscaping plan, fencing plan, and colors/Materials board.received and,dated February lls, 2022 shall be the conceptually approved design with the following modifications subject to the approval of planning Staff' a. Paint,the exposed headerS.on the third floor to match the dark grey in lieu of the existing wood finish (DRS), b. Add horizontal Sliders to the upper story windbWs (DRE3). c: Modify the maximum height of the 3-foot, 6-inch high precision CNN wall within the front yard setback ,area along Holly Lane to be a total of 43 inches (HBZSO Chapter 210.06.0.2:C) d. Identify the location of the existing. Pipeline and associated easement on all plans and construction-related documents. (PC) 2. Prior to Submittal for building permits, the following shall be completed: a. Zoning entitleMent conditions of approval, mitigation MeaSures identified in Addendum NO, 1 to the 'Holly-SeaCliff Specific Plan EIR, and Code Requirements provided in the letter dated April, 12, 2022 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 fontsize utilized for printed text shall,be 12 point. b. Submit three (3) copies. of the, site, plan and the processing fee to the Community Development Department for addressing purposes after street name approval by the Fire Deparfrnent. GPC\NOA1221052422 GPA 20-003 4TA 20-003,:TTM 1911.5 CUP 20-025_0A 20-003(Holly ThEingleL Attachment 1.10 136 c. Submit a copy of the revised plans to the Community Development Department pursuant to Condition 1 for review, approval, and inclusion in the entitlement file. 3. Prior to issuance of building permits, the following shall be completed: a. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting • the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Community Development Department. Double walls shall be avoided to the greatest extent feasible. 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. The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox location(s). c, An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers, and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. The applicant shall obtain any necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department (AQMD Rule 1403). 4. 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 7:00 PM. Such activities are prohibited Sundays and Federal holidays (HBMC 840.090). G:PC\NOA122\052422 GPA 20-003 ZTA 20-003_TTM 19118_GUP 20=025 EA 20-003(Holly Triangle)_ Attachment 1.11 137 5. The_structure cannot be Occupied, the final building permit cannot be approved; and utilities cannot be released for the`.first residential unit,until the.followinghave been completed: .a. The applicant shall obtain° the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department (AQNMD Rule 1403). b. Compliance with .all conditions of approval.specified herein .shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of.at an'offsite facility`equipped to handle them. d. All; Development Impact Fees shall be paid to 'the. Community Development Department (City of Huntington Beach Community Development Department Fee Schedule), (HBZSO Section-w254.16).: 6. Signage shall be reviewed under separate permits and applicable processing."(HBZSO Chapter 233). 7. The,applicant applicant's representative shall'be responsible for ensuring the accuracy of all plans and information submitted to the City for review and`approval: 8. Tentative Tract No. .19111, Conditional Use Permit No. 20-025,and Design Review No,.21- Q08 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the- Community Development, Director pursuant to a written request submitted-to the Planning Division a minimum:60 days prior to the expiration date.:(HBZSO Section 25104 and 251.16) 9. Tentative Tract Map No. 191.1.8' and Conditional Use Permit No. 20-025 shall not become .effective until General Plan Amendment'No.:20-003 and Zoning Text Amendment No..20-00a are approved by City.Council and in effect. 10 The development services departments (Community Development Department, Fire Department, and Public Works) shall be responsible for ensuring compliance with, all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have. reviewed and approved the proposed changes for conformance with the intent of the Planning Commission':s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241,1`:18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project.and the project-applicant if different from the property owner, and each of their,heirs,successors and assigns;:shalldefend, indemnify G.PCINOA122\952422 GPA 2,903 ZTA 20 fl03LTiN 19118 0UPQ20-025_EA20-003(HillyTriangleL. Attachment i.i2 138 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:PC1NOA1221052422 GPA 20-003 ZTA 20-003_TTM 19118_CUP 20-025_EA 20-003(Holly Triangle)_ Attachment 1,13 139 T `— 1 N . / ,1,' c/ // TENTATIVE ` .__ ! — ` —1 I TRACT NO. 19118 — — — - —4- FOR CONDOMINIUM PURPOSES IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE STATE OF CALIFORNIA GARFIELD AVENUE _ ? - - R- / A.P.NO.:159.281-01,02,03,04,805 —. - ,— / — AREA:2.11 ACRES GROSS ACRES NET • i OCTOBERBER 2020 20 r� k JeW ,- 1 • BNMERISULOPA T. LAND mSUR LENGINEER _- jg-'I I.t.'d'f- • Ar B \ / -',�_�-. O O O t` ss WNIWGttI GHG102649 9�ECA 99261.E j I '_�—Y��i i.��� `.^1. / RG 92-012NI 49-660-0110 JUT..NDFN.vls]W. 'r :!N 6 BLOCK�% - _- - - I LO'i 1 ` / LEGAL DESURIVROM LOTS 1 THOUGH 11 I.O.M.AND LOT 33,W BLOCK-A OF THE.IFIEID STREET ADOIIDN DO Mom.BROW,IN THE OR OP I) ` a.1 I 'I LOTS LOT 4 `.,LOT 9 I LOT 2 HUNTINGTON BEACH,COUNTY a ORANGE,STATE OF wsORNLA AS SNDnN ON THE MAP nun W BOOK],PACES 27 AND 2E Or ` LOT 7 LOTS, 1 \ MGESTANEWS MAPS,w THE OFFICE OF THE COUNTY RECORDER OF SAID COMM 160 9 I I / aCEPDxt 1101ERi011 ME NORM m of w0 LOT]. '.• I i m.W J// / a[(Pr NL wNEANS,OE.V5.PEIROIEuu.OTHER Itt01rtIU9Ban SU�IMtEs AND NL UNDERGROUND WA.W OR UNDER OR wHCX OI�G$fFOGL) STREET' ®TIRO®Pdl //�t // BOY BE PROOuan FROM SAO LAND 1.01 ur¢cRUES A PLANE PARALLEL To AND 500 FEET Bann n¢PRESENT SURFACE OF END I,^I • ND,FOR THE PURPOSES OF PROSPECT TOR,THE aPLOHATION DEVELOPMENT,PRWUCD7N,BY DEN S AND GO. m w0 �I ERA,G.CAC PETROLEUM DRIER MDROGABOX SUBSTANCES NM WATER FROM SAID MD BY NDWS 6 NNFS,WELLS.pE1tRICIIS Hj - alsT.BN➢IHG I / AND,M OTHG EQUIPMENT SURFACE LOCA..ON..1006 G OR IDIGHBORING GNP OR LYNG OUTS.OF ME ABOVE DESCRBED TD BE DLNWSN D I.' LOT 1 C'Y- WID.R BONG OFRSIOOO nW THE OWNER OF SUCH MOROSE OL PAS.PEIROLLUM.OTHER Mp1DCMBON SUBSTANCES HID HATER `j!� I // SE mlTn1 ABOrL SHHZ IavE NO PIGNr ro RR@ UPON TIM SLRSALE OF HIE ABDVE pESCRem V ID TIDR TO USE eNY OP ME J I l 1,699 SF.2.11 ACR 5 GROSS VNp OR ANY PORTION THEREOF ABSVE END MARC PAWLLIR TO AND SW BEET BELOW 1XE PRESOR UktFeLE OF THE SNO LAID 'I , JII (�\\ ]6,C30 9F-1.BOAg1E3 NET i- // , So / FOR YEA POSE WHATSOEVER..OFFICIAL RESFitrAO m NUNnxGTON BEACH SO 010 IN 1NE DEED RECORDED JIWE 03,1991 a5 INSTRUMENT _ a_ ^Jy( �' - / 1-273901 Of OFFlCML RECORDS. l � j•.� �.-- AIEY ro BE VHATF_LOT 93 '] _o-�� / y /' EASEMENTS, ' ® 1R911 CATETSON EASEMENT FOR PUBLIC WATER MAINS FOR mama AND POLE INES AND INCIDENTAL PURPOSES IN FAVOR OF �� I 1.E J , ` / `�' / BEACH COW..AS RESERVED ON THE MAP OF W31.STREET AMMON ro HIND..BEA.FEED IN BOOK 07, N YI PAGES 22 AND za OF LRSCFLAfS0U5 MAPS,RECORDS of IRE ORANGE COMM RECORDER.GLLROIU1w TO BE wrt GAGED. , _ :' I TO i C9UNT HUNTINGTON [>E CCG'TI ' % •� INDICATES AT B.mIEA AND ROW-a-TENT FOR STREET PURPOSES AND POOL DOMES W FAVOR of TnE arc a 19UxnnGroN J \I Iy I ,/,.. / • -�"-V .M BE.A xUMPPAL CORPORATION,RECORDED GI'22.1953,W BOOK 5557,PAGE GI OF OFTKMI RECORDS. �• s LOT® LOT 9 // / ;, �� // /...?".,,._ r ©InGICARs AN EASEMENT FOR STREET PURPOSES AND SMUG mvnEs,w FAVOR OF THE rnr a Huxlucron ea..a MUNICIPAL 'Y 4, ' 1 CORPORA ttA{RECO(IDm DAY 12,1922,IN BO01f.19,PAGE 605 OF OTICNL RECORDS. •�11 I Y //• • • •IJ ' i I. • ASSESSOR PARCEL NU... os 1s9-201-01,02,03,Oa,H Os �., \ i /// DnETEncs.aD R.A.a xeK.!STAGES uaswrc BUImWcs.as R. ♦�' -"M._ ��•: f t AI..�DSETDLNS 19032 ADDRESS: HOLLY W¢ SITER REQUIREMENTS, f WON. /DOE915WY: 5 UHWSYEAR Y E r) 1 V / // //� T ORm: 15FRr. FLOOD ZONE /i / / Er �NRWOR: R. Ig T.SUBJECT PROPERTY DES N AN AREA IMMO ZONE T:Pm THE ROOD KM.®�I%�=2E //Ia / / ;.' ORES: 10 n. INSURANCE RATE NV MEMBER OGn9CO2NJ.MiED OEC4MBFA 03.2.0. - —r I // 1t/7 / I BUIONG SEPAPATIE 1133 FT.FOR 2 SORT,20 FT.FOR 3 STORY SRE DATA ` ' Ye I� LOT 11 / / �' u.1.11 OPEN SPACE TE SPACE:70 SD.Fr.Pm DWELLING MR.Om.ASPumi GROSS AREA 81.699 50.R.- .11 ORES / 3IA S0.R./2 BEDROOM UNIT NR AREA ]ALE S'U.R.-I.TO ACRES �_L,� i.. /•\.\\ // /// PARILIREMO. ]O SPACES 20NING: __ _ 0 1\ O / / I' L\ ( )2 BEORWN K 2.0 SPACES- 1 SPACES SPACES \I-L •\•\ / / , // T `y�'/�(' (20 J BEDROOM n 20 SPACES-IB SPACES FP-9 H0.lT-SEaaST SPECIFIC P. �\"v,''L''\\1 e ( l ,.in`I-` •\ALL Y // ' ? / � \/.,, `�N1 \�� PROVIDED: GGAPASGA ES -]o SPICES IX FUSE COMMEROY Z / �� OFEN(OFF-STREET) A SPACES PRO SEP. \ Cf ADS -11 SPACESWOW• ' 2 / O -/ . ]SRmpOpmi141 CO�t9CBEWNIJY LNIWS • - ;�� LEGENa. •_�{3 TybiC PpE NOTE3: J _ 0 a 4 S OBE MPm LO Nn0 BC -A -../ _.<6(... ( I I ///�Ai., y mALVE ®a n VRRE 1 i PAMIR LOr OaIT Bumwc ax Lm 2 ro BE oawLOlsxm. / / ® PBv L Ran 0.NGE OLE ED T LOr J3(PRVATE AOET)10 BE ABAIDCNm BT CM a RINn"C." • / // / FIAL DOS ® OFW.WIUSCmN ® G.415 YAE SUW PER RNA VM. `.:. ��' �' m WaGmI OWmoL vetvE GIB —���I I - !W'�M / If ® MNr61Bp1E ® -mN�Ta:NwE1Lm�A A m ME Ua'"Arc JEas T umEi°G1Q1axBE�PaTv wl�Fwu�MAPro eE omlulm I - / / `~'��" � smW Onnw vuPnE SPARED accEss.NGREss/Ea+Eu.vAROxG.vwvATE unmEs HIo -vaErvP�Dr � i�� =// / - %! � � -IOEnWS NAE UNDSWP'C XIn1 COST 9NRwt ANO xNN1EwVN.E RE9roMt&UREs � �_ � iu¢DR.w Q -TRa_ To eE AI1oREsm uxDER enD aarta ro A sEPAUTE oocuxEm I /t 3 / / O D.61E1 POSi Rn -RFAAOIm UNE WARA i0 BE RECWiOm CONCNIRRDiRY NRH 1HE FlxAI NAP. ' . I / ,?r'/'/ ��/,- ` TENT ATIVE TRACT NO. 19118 m -STORY MN ,/ �!' f FOR CONDOMINIUM PURPOSES • �N6▪ NE Q W ID a o T f / /j/ ET Qlan-a.,LINE.E T I-1 nI,DEN & H B TRI • G SHE ASSOCIATES BD BONANNI r. , . .®. . DEVELOPMENT GAR FIELD AVENUE AND MAIN STREET THIRD CITY SUBMITTAL "°`LN.,.RGPWR RGI I3 HUNTINGTON BEACH,CA 2026-Sae-002I9-1-2021 �a�mimes TAKPsaansons SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BONANNI DEVELOPMENT COMPANY IV, LLC FOR TRACT NO. 19118 THIS AGREEMENT ("Agreement") is entered into this o)O day of F-Arit A-ly 2 062-y , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,hereinafter referred to as "CITY," and BONANNI DEVELOPMENT COMPANY IV, LLC, a California LIMITED LIABILITY COMPANY,hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 19118; 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/agree/surfnet/subdivision 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 NINE HUNDRED SEVENTY SEVEN THOUSAND TWO HUNDRED TWENTY NINE Dollars ($977,229), 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 FOUR HUNDRED EIGHTY EIGHT THOUSAND SIX HUNDRED FIFTEEN Dollars ($488,615), 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/surfnet/subdivision 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: TO SUBDIVIDER: City of Huntington Beach BONANNIDEVELOPMENT COMPANY ATTN: Director of Public Works IV, LLC, A CALIFORNIA LIMITED 2000 Main Street Huntington Beach, CA 92648 LIABILITY COMPANY ATTN: BRET BONANNI 15132 BOLSA CHICA STREET HB, CA 92649 15. CONSENT 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/surfnet/subdivision 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, CITY OF HUNTINGTON BEACH, a municipal BONANNI DEVELOPMENT COMPANY IV, corporatio 1 e State of California LLC Tie. 4 �t�.11kJli k Y' "Xs:ea o.✓/!NN t 44,'SRL, 9.1071-evudA.4) print name _ ITS: (circle one) Chairma-r ' esiden ice President City Clerk 4/a��2N�c- '''. _ AND INITIATED AND PPRO . Bye - .. E'r '0 N!t",N 1 Director of Public Works print name -`"""'""^— ITS: (circle one) Secretary/ ief Financial Office Asst. REVI D A A PROV . Secretary-Treasurer ,_� —^ City Manager APPROVED . . " O '•RM: ClCity Attorney g/agree/surfnet/subdivision 13 of 13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Q ra 2_7 J} Ontio rn er" a `7 a0Z•Z3 before me, rii ( `iJ - fc46i1 Date Here Insert Name and Title of the Officer L/ personally appeared I3 re 73 d r) c4 hf i Name(s)of Signer(s) 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 Notary : a JEANICEA.Public•MCFACalif LL orn i paragraph is true and correct. 2 1..W'_� Orange County Commission k 2378415 WITNESS my hand and official seal. — Rq;• t coA My Comm.Expires vov 8.2025 Signature P/-11L�/ Q •A. Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL ' Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Signer's Name: ❑ Corporate Officer- Title(s): 0 Corporate Officer - Title(s): ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: a a e a ® a a @ a @ ©2019 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of (0 On vr\b r % a 0.23 before me, :5 e ,n j A. it j Date Here Insert Name and Title of the Officer personally appeared l c/ 13 On c2 r)r) I Name(s)of Signer(s) 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 � JEANICEA.MCFALL paragraph is true and correct. t.:.--.� Notary P;.biic-California Orange County s Commission 4 2378415 WITNESS my hand and official seal. `►�► My Comm. Expires Nov 8,1025 Signature X.G'�?/.l Q A Ail � Cl Place Notary Seal and/or Stamp Above - Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended 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: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer — Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: • ©2019 National Notary Association BOND NO.4470395 PREMIUM $250.00 • MONUMENT BOND • KNOW ALL MEN BY THESE PRESENTS: THAT Bonanni Development Company IV, LLC as Subdivider of Tract No. 19115 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 Bonanni Development Company IV,LLC (Subdivider) as principal, and SureTec 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$5,000.00 ,in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 6th day of December ,2023 OVEN Bonen ' velo ment Company IV, LLC PpPQ� IE5 P P Y as Principal G� 8 • HPEK ORNp�1�EPGN BY BY Os/ OF SureTec Insurance Company ,as Surety • By� By Esteban Flores,Attorney-in-Fact • 1 G:1Engineering Division\DEVELOPMEMfForms\Bond Forms\Monument Bond Word.doc STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON I - - A 3 , BEFORE ME, "Z—e I C'2 A • /j cfo1 / / , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 8 re-I-- Sp ►'TGrIn I‘ AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE • PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY H D / SIGNATURE "fie/Xi Q .� Ce-.4 Y PRINCIPAL PLACE O BUSINESS IS NOTARY P•B IN AND FOR SAID STATE IN a r o►, T COUNTY C-P cfci ) I �/ PRINTED NAME MY COMMISSION EXPIRES • JEANICE A.MCFALL. ., Notary Public-California STATE OF CALIFORNIA ) I< e � _ Orange County SS Commission#2378415 COUNTY OF ORANGE ) • My Comm.Expires Vov 8,2025 ON , BEFORE ME, • A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF STATISFACTORY • EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN • INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY • PRINTED NAME MY COMMISSION EXPIRES 2 G:1Bngineering Division\DEVELOPMENTWormABond Fom,sWtonument Bond Word.doc POA ff: 3210005 • SureTec Insurance Company. . • . • LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in•Houston,'Harris County, Texas, does by these presents make,constitute and appoint Michael D.Lapre,Jaren A.Marx,Esteban Flores,Michelle Eldridge its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate .. seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board,of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20rh of April, 1999) • In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 17th day of February ,A.D. zozs . SVRANCF SURETEC INSURANCE COMPANY Br 'n.4.4411 w � )a Michael C.Keimig,Presiden �, i- State of Texas ss: *.. County of Harris On this t7th day of February ,A.D. 2023 before me personally came Michael C.Keimig,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. • • ,;,;;Y.a-••k TANYA SNEED (*Itri Notary Public State of Texas =t;?�r 4 Commission#128571231 Tanya Sneed,Nota ublic Commission Expires 03/3W2027 My commission expires March 30,2027 • I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 6th of D emb 2023 , A.D. • B nt Bea , sistant&ecretary Any instrument issued in excess of the penalty stated above is totally void and without•any validity. 3210005 • • For verification of the authority of this power you may call(713)812-DB0D any business day between 8:30 am and 5:00 pm CST. •• •. - • CALIFORNIA.ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Ventura On 12/06/2023 before me, R. M. Friedik ,Notary Public, (Here insert name and title of the officer) personally appeared Esteban Flores 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. °r t R.M.FRIEDIK • WITNESS d and }al seal. �ti Notary Public•California tr Ventura County r• Commission N 2387569 1505 My Comm.Expires Dec 19,2025 (Notary Seal) Signature of No Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bond No.4470395 document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in N/A Calfornia (i.e. certifying the authorized capacity of the signer). Please check the - (Title or description of attached document continued) document carefully for proper notarial wording and attach this form f required Number of Pages three Document Date 12/06/2023 • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. N/A • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lie/she/they;is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc—All Rights Reserved www.TheProLinkcom—Nationwide Notary Service BOND NO. 4470394 PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Bonanni Development Company IV,LLC (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 TRACT NO.19118 ,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 3062) 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 Four Hundred Eighty-Eight Thousand Six Hundred Fifteen dollars ($488,615.00 ),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 attomey'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. 1 G:1Engineering Division'DEVELOPMENLIForms\Bond Forms1Labor&Material Bond Word-City Atty revd 01-15-0S.doo 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 December 6th ,2023 Bonanni Development Company IV,LLC ,as Principal By dZ'"' By V er AA1A, 1 /vlitititilrf� SureTec Insurance Company ,as Surety • By C • By Esteban Flores,Attorney-in-Fact • • RGVEp AS TO FppM App j,GAtES C,rq A11 Na�pN��,pGH �1T`f Qtt Hu 2 GAEngineering DivisionlDEVBLOPMENTlForms\Bond Formslabor&Material Bond Word-City Atty revd 01-15-08.doc STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON I oot- - Q 3 ,BEFORE ME, ,)P of r, ( c€e A /� G) I,,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED B re 4— i:3df -) nI AND , PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE ",172,LL.pSAI </cZt Y PRINCIPAL PLA OF BUSINESS IS NOTARY P IN AND FOR D TATE IN C5 ran COUNTY ,) ei n( c-e A /14 c/`, 1 i PRINTED NAME MY COMMISSION EXPIRES if/- g - QS -ti JEANICE A.MCFALL k. Notary Public•California i +�L.d- Orange County g f.'<rr '.- Commission;2378415 i STATE OF CALIFORNIA ) ',.•o•'" My Comm.Expires Nov 8,2025 ' ' SS ___ COUNTY OF ORANGE ) ON ,BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE)TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES • G:'Bngineering DivisionADEVELOPMENI\ForrnsSond Fortns.Labor&Material Bond Word-City Atty revd 01-15-08.doc 1 J POA#: 3210005 SureTec Insurance Company- . • . . LIMITED POWER OF ATTORNEY • Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston,'Harris County, Texas, does by these presents make,constitute and appoint Michael D.Lapre,Jaren A.Marx,Esteban Flores,Michelle Eldridge its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the • conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate ., seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board.of Directors of the SureTec Insurance Company: Be it Resolved,that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20"of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 17th day of February ,A.D. 2023 . SURANpF SURETEC INSURANCE COMPANY 'AA Br 7.ilirdsA? w ur Dr Michael C.Keimig,Presiden 7sl �1� 2� ,;., 4 ;. 7 State of Texas ss: County of Harris On this 17w day of February ,A.D. 2023 before me personally came Michael C.Keimig,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. TANYA SNEED Nr �„� Notary Public State of Texas \) ) —— ,hn�. +� Commission 128571231 Tanya Sneed,Note ublic , .....,. Commission Expires 03/30/2027 My commission expires March 30,2027 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under.my hand and the seal of said Company at Houston, Texas this 6th of D emb 2023 , A.D. • B nt Bea , sistant cretary Any instrument issued in excess of the penalty stated above is totally void and without-any validity. 3210005 • • For verification of the authority of this power you may call(713)812-0800 any business day between 8:30•am and 5:00 pm CST. •• •• - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Ventura On 12/06/2023 before me, R. M. Friedik ,Notary Public, (Here insert name and title of the officer) personally appeared Esteban Flores 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. L M.FilIEDIK WITNESS m and o seal. t Notary Public-California Ice :. Ventura County - �r%nt,, Commission 8 2387569 n woo My Comm.Expires Dec 19,2025� (Notary Seal) Signature of No Public • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a Bond No.4470394 document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in N/A California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required Number of Pages four Document Date 12/06/2023 • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. N/A • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of. notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. tie/she/they—is lare)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. • Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other • • Indicate title or type of attached document,number of pages and date. • Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc—All Rights Reserved www.TheProLink.com—Nationwide Notary Service BOND NO. 4470394 • PREMIUM $17.658.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Bonanni Development Company IV, LLC (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 projectTRACT NO. 19118,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and SureTec Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal surei of Nine Hundred Seventy-Seven Thousand Two Hundred Twenty-Nine dollars($977,229.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration • thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save.harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attomey's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. FAm FULL PERFORMANCE BOND FM 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 December 6th ,2023 Bonanni Development Company IV,LLC as Principal By . . . • By T erAll ` 14#‘64 Nh Cry II- SureTec Insurance Company ,as Surety • By Esteban Flores,Attorney-in-Fact AppROVED AS TO FORM B GATES MICHAEL E, CITY ATTORNEY CITY OF HUNTINGTON BEACH FAITHFULL PERFORMANCE BOND FM. STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON I nI — — ;3 , BEFORE ME, .1 e ) 02 A „4/1 Cf cr 1 f ,A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 13 re-4 I 3O v h 1.1 1 ,PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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 J.,4.71 LSD A Alrce„ -P SEAL ••,, JEANICE A.MCFALL s .= Notary public•CaIffornia Orange County Commission*2378415 ••�' My Comm.Expires Voy II.2025 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ,PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES)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 FA1THFULL PERFORMANCE BOND FM. POA#: 3210005 SureTec Insurance Company- . • . . LIMITED POWER OF ATTORNEY • Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston,'Harris County, Texas, does by these presents make,constitute and appoint Michael D.Lapre,Jaren A.Marx,Esteban Flores,Michelle Eldridge its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,.acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate .. seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board.of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 17th day of February ,A.D. 2023 SURETEC INSURANCE COMPANY 5uF►ANp 1 w } . Michael C.Keimig,Presiden State of Texas ss: County of Harris ,- On this 17th day of February ,A.D. 2023 before me personally came Michael C.Keimig,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. TANYA SNEED Notary Public State of Texas ' ' Commission#128571231 Tanya Sneed,Nota ublic ......... Commission Expires 03/30/2027 My commission expires March 30,2027 v - - - v . I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 6th of D emb 2023 , A.D. • • .B nt Bea , sistant cretary Any instrument issued in excess of the penalty stated above is totally void and without•any validity. 3210005 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30•am and 5:00 pm CST. • •• - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. • State of California County of Ventura On 12/06/2023 before me, R. M. Friedik ,Notary Public, (Here insert name and title of the officer) personally appeared Esteban Flores who proved to me on the basis of satisfactory evidence to be the person(s)whose names) 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. R.M.FRIEDIK WITNESS my ha and o Mabry Public•California eal. Ventura county 41-4:11 Commission#2387569 • • My Comm.Expires Dec 19,2025 Signature of Notary blic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION . INSTRUCTIONS FOR COMPLETING THIS FORM • Any acknowledgment completed in Cal forma must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is f a Bond No.4470394 document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in N/A California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required four 12/06/2023 • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. N/A • Date of notarization must be the date that the signer(s)personally appeared which . must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they—is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑✓ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate title or type of attached document,number of pages and date. - Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document • C 2004-2015 ProLink Signing Service,Inc—MI Rights Reserved www.TheProLink.com—Nationwide Notary Service NTINGT '� City of Huntington Beach �� . 2000 Main Street • Huntington Beach, CA 92648 o • . (714) 536-5227 • www.huntingtonbeachca.gov : m. : o��� Office of the City Clerk Cou'v ,`���". Robin Estanislau, City Clerk February 20, 2024 Bonanni Development Company IV, LLC Attn: Bret Bonanni. 15132 Bolsa Chica Street Huntington Beach, California 92649 Re: Final Tract Map No. 19118-Holly Triangle Townhomes Subdivision- Bonanni Development Company IV, LLC- 19070 Holly Lane To Whom It May Concern: The City Council of Huntington Beach, at its regular meeting held Tuesday, February 20, 2024, approved the Subdivision Agreement for Tract No. 19118. We are enclosing a copy of the agreement and bonds for your files. Sincerely, ed-44/1014144) Robin Estanislau, CMC City Clerk RE/ds Enclosure Sister City: Anjo, Japan g:\followup\sdivagmt 11/21 •AJ CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Donna Switzer, Senior Deputy City Clerk FROM: Steve Bogart, Senior Civil Engineer DATE: February 22,2024 • SUBJECT: TRACT MAP 19118 Holly Triangle(19070 Holly Lane) THE ATTACHED ORIGINAL TRACT MAP IS READY FOR RECORDATION. Please Contact the Title Company listed below and request that they pick-up the attached Tract Map. At the time of pick-up please forward a copy of this memo and the attached Tract Map and request that they obtain all necessary County of Orange signatures and record it for their-client. Title Company: First American Title Company Street Address: 1250 Corona Pointe Court,Suite 200 City,State,and Zip code: Corona,CA 92879 Contact Title Officer. • Terrell Crutchfield Telephone Number: (951)256-5879 Email: tcrutchfield@firstam.com Commitment/Order Number: DTR-6994702(tc) Client: Chris Segesman Bonanni Development Company Address: 15132 Bolsa Chica Street Huntington Beach,CA 92649 (714)892-0123 Email: chris(a�bonannidevelooment.com Surveyor: Jeffrey A.Walden,PLS Walden&Associates 2552 White Road,Suite B,Irvine,CA 92614-6274 Phone: (949)660-0110 Regarding: TRACT MAP 19118(Holly Triangle-Bonanni) Upon the City Clerks receipt of the recorded copy of documents,please send a copy of the Tract Map to all contacts listed below: 1. County of Orange Resources&Development Management Department 300 N.Flower Street Santa Ana,CA 92702-4048 Attn: Lily Sandberg,Orange County Surveyor's Office 714-967-0846 2. HB Planning Department Attn:Hayden Beckman 714-536-5561 (hayden.beckman@surfcity-hb.org) 3. HB Public Works Department Attn: Steve Bogart 714-374-1692(sbogart@surfcity-hb.org) Ar \\\NTIfVG02® City of Huntington Beach 4 O� `o,r�or,.ir, `as '�_ °° 9� 2000 Main Street ♦ Huntington Beach, CA 92648 U�` - °y o (714) 536-5227 • www.huntingtonbeachca.gov o1. �co-006 Office of the City Clerk Cot, TY eC®� Robin Estanislau,City Clerk ebruary 27, 2024 Fidelity American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 Attention: Terrell Crutchfield (951)256-5879 Re: Order No. DTR-6994702 (tc) -Tract Map No. 19118—Holly Triangle (19070 Holly Lane) The City Clerk's Office has prepared Final Tract Map No. 19118 (19070 Holly Lane)to be recorded with the County. Please have a copy of the recorded map returned to the Steve Bogart, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. 9AtellUsattAd Robin Estanislau, CMC City Clerk RE:ds Enclosure Received by: Date: / /.2aZ V Sister City: Anjo, Japan g:/followup/tract/escrow pick-up.doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) , Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: c-/?3/ay SUBJECT: Bond Acceptance I have received the bonds for 61fl ma. acid v/ if Z,7L J I V L.-AL (Company Name) 1 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. Ly 31/1/ Labor and Material Bond No. y1M-D3gc Guarantee and Warranty Bond No. LP a.361 L/ Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /'7//a Approved °21.2e)/014 (Council Approval Date) CC No. Agenda-Ifem No. d 710 MSC No. _ City Clerk Vault No. lbw. w Other No. SIRE System ID No. ,L. glforms/bond transmittal to treasurer From: Levin.Shannon To: suoolementalcomm( surfcity-hb,orq Subject: Fwd:Public Comment Items 9&23,February 20,2024 Date: Tuesday,February 20,2024 6:02:51 AM Attachments: imaae.onfl imaae.onq imaae.onq image.pnq SUPPLEMENTAL Get Outlook for iOS COMMUNICATION From:qw<channelfrequency@gmail.com> 2/20/2024 AAeefil✓rg Sent: Monday, February 19, 2024 4:46:13 PM To:CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org> 9 (24-076) Subject: Public Comment Items 9 & 23, February 20, 2024 Agenda Item No.; Item 9 Holly Triangle Townhomes - I support this item. This project should seek to include a curved building corner, elevator, maximum foliage & openable windows. The city planning commission is not following ethical safety by striking "windows" from the building code definitions. Window, Required. An exterior opening in a habitable room meeting the area requirements of the Uniform Building Code. This & building results should be inquired by a safety organization, such as OSHA or the State of California. This city planning shortcut is wrong & is an extreme recurring problem from this city council, for folks seeking health. Even in cities with lots of skyscrapers, there is an active effort for openable windows in all buildings possible. That's the point of having a building code. Item 23 Orange County Transportation Authority - In the future, I think much vehicle transportation will return to trains & will run on the electricity grid, fueled by advanced power plants & rooftop, renewable energy, that creates energy out of nothing, with no resource waste. The following are artist works to illustrate these items. \, ink A 1 j S •/ I.a i•. tq1 4 lok—t. �r4 * • .'. ,:1 -Ika xt .':‘ i \'' '''' : -1':;71-',..1...f, w� y s Y ,'. ik; !.t. '''' ki 'r` I9 dt =� . . . .., •. • ,... _, ,..., • - ". . . , . - -• . r. , , __...----•'--------7:—.-0. •- -'.b„.,,,,-. ---t-, ... - . ....'S''''' . ..... S 44 ,... ... ,r‘ •. ,. .- r..... , ... .. ,, . „..-- ,.. , 4. .. . —----.---.---,.,,,,,, ,...„0.,01,,,,, ,,„ . ,,',.g.';r;....,,,,,,.-,,,,,3, ' '..',n,..,,,,1 - -„(..4:„::„ 1 I a ..;-: * II 11 II ,,-- —., ' * „..., ,.. .. - Ben