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Ben Trainer - 1995-07-05
CHICAGO TITLE COMPANY RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO. ) City C1;erk ) City of Huntington Beach P.O. Box 19012000 Main St. ) Huntington Beach, CA 92648 APN: 024-144-12 ) Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111 I 111 I II 11118.00 *$ R 0 0 0 7 9 8 4 1 1 4$ 2015000602067 8:00 am 11124115 217 402 R13 3 0.000.000000000.00 0 00 0.00 0.00 SPACE ABOVE TMS LINE FOR RECORDER'S USE RELEASE OF LIEN That certain stipulation of lien executed by Ben Trainor, Recorded on May 1, 1996 as Instrument No 19960218867, of Official Records In the County Recorder's office of Orange County, California, upon the following described real property in the County of Orange, State of California, describing land therein as: See Exhibit "A" for legal description attached hereto and made a part hereof Commonly known as: 303 31 Street, Huntington Beach, California, Is hereby released, the claim having been fully paid and discharged. Dated November—L9 2015 CITY OF GTON BEACH, a Caliform al corporation By Its G /via f1 a By Its APPROVED A 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 ORANGE ) ss_ On /� D V. / 8 i 2 a 1 S before me, _ n; ��P� I M. ��e,tj a Notary Public, personally appeared /fit - (here insert name and title of the officer) eel U,l,` ( 5 u YI who proved to me on the basis -of satisfactory -evidence to be the person whose name is -subscribed to the within instrument and acknowledged to me that he executed the same ut his authorized capacity, and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. 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 MICHE& t4 WN Signature 1 ►�P�a Wffl4MQMTf (This area for notary stamp) 15-4983/128392 CHICAGO TITLE COMPANY RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO ) City CCerk ) City of Huntington Beach ) P.O. Box 19012000 Main St. ) Huntington Beach, CA 92648 ) APN 024-144-12 ) SPACE ABOVE THIS LINE FOR RECORDER'S USE RELEASE OF LIEN That certain stipulation of hen executed by Ben Tramor, Recorded on May 1, 1996 as Instrument No 19960218867, of Official Records in the County Recorder's office of Orange County, California, upon the following described real property in the County of Orange, State of California, describing land therein as: See Exhibit "A" for legal description attached hereto and made a part hereof Commonly known as 303 3' Street, Huntington Beach, California, is hereby released, the claim having been fully paid and discharged. Dated November ��, 2015 CITY OF T GTON BEACH, APPROVED AS FORM a Caliform al corporation By Its c,; i m a h a j e.1- City Attorney By Its 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 ORANGE ) ss On /J o K • 1 S , Z O 1 $ before me, /" ; GAde.Q t // • Kv`er- p , a (here msert name and title of the officer) Notary Public, personally appeared /7r ed W � W ki who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument 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 pem GM& Signature (This area for notary stamp) 15-4983/128392 8 N "" ,P 'I A GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the Notary Seal on the document to which this Statement is attached reads as follows NAME OF THE NOTARY: M �t1k�4L C���tN DATE COMMISSION EXPIRES201 2alb. COUNTY WHERE BOND IS FILED COMMISSION NUMBER VENDOR# I certify under penalty of perjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: PLACE OF EXECUTION LOS ANGELES DATE \ k 63 S� SPL, Inc., as agent Signature EXHIBIT A Legal Description LOTS 1, 3 AND 5 IN BLOCK 303 ON MAP OF "HUNTINGTON BEACH", IN THE CITY OF HUNTINGTON BEACH, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY EXCEPT ALL GAS, OIL, HYDROCARBONS AND ALL MINERALS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE AND NO RIGHT OF ENTRY IS RESERVED UPON THE SURFACE FOR THE PURPOSE OF EXPLORING FOR OR EXTRACTING OIL, GAS, HYDROCARBONS OR MINERALS, RESERVING, HOWEVER, THE RIGHT TO ENTER THE SUBSURFACE FOR THE PURPOSE OF EXTRACTING SAME, AS RESERVED IN THE DEED FROM M M MCCALLEN REALTY SYNDICATE BY MARCUS M MCCALLEN, JR AND WILLIAM H H MCCALLEN, COEXECUTORS OF THE ESTATE OF MARCUS M MCCALLEN, SOLE SURVIVING GENERAL PARTNER, RECORDED JULY 22, 1968 IN BOOK 8665, AGE 501 OF OFFICIAL RECORDS APN 024-144-12 EXHIBITA \Chicago Title Company 4210 Riverwalk Parkway, Suite 100, Riverside, CA 92505 Phone (951) 710-5900 • Fax January 19, 2016 City Clerk City of Huntington Beach P O Box 190/ 2000 Main Street Huntington Beach, CA 92648 Enclosed please find the ORIGINAL recorded document(s) returned from the recorder's office, please keep in a safe place and contact us if you have any questions Thank you, Chicago Title Company 4210 Riverwalk Parkway, Suite 100 Riverside, CA 92505 Title Team: John Balassi, Senior Title Officer (951) 710 - 5903 1 balassilgctt com Mark Knowlton, Title Officer (951) 710 - 5904 1 mark knowlton@ctt com IN CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK April 5, 1996 Gary L. Granville, County Clerk -Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Declaration Containing Covenants, Conditions and Restrictions for Payment of In -Lice Parking Fees and Stipulation of Lien to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 150, Huntington Beach, California 92648. Enclosed also is a copy and a stamped, self-addressed envelope. Please return the conformed copy document number, recording date, book and page number. ,jpcerely.yours Connie Brockway City Clerk CB:cc Enclosures (Telephone. 714.536-6227) r-:e U■Vaip wt► s-==w f.s=_•,t=Aa i. _ .. ��w ��a •+e..-.n• Lea 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNT BROCKWAY CITY CLERK December 23, 1996 Mr. Ben Trainer 303 Third Street Huntington Beach, California 92648 Dear Mr. Trainer, CALIFORNIA 92648 Enclosed please find the conformed copy of the Declaration Containing Covenants, Conditions and Restrictions for Payment of In -Lieu Parking Fees and Stipulation of Lien for the property located at 303 3rd Street, Huntington Beach, California, recorded on May 1, 1996 by the Orange County Recorders Office. Sincerely, Connie Brockway City Clerk Enclosure: Declaration Containing Covenants and Conditions and Restrictions for Payment of In -Lieu Parking Fees and Stipulation of Lien g:fo1Io-wup%Traincr:jc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO CITY CLERK CITY OF HUNTINGTON BEACH 2000 Main Street P O Box 190 Huntington Beach CA 92648 Attention City Clerk Recorded in the County of Orange California 11111IIIII 1111IIII Clerk/Recorder NoFee 005 22008689 22 189960218867 11 40am 05/01/96 D01 4 7 00 9 00 0 00 0 00 0 00 0 00 Space Above for Recorder s Use Only DECLARATION CONTAINING COVENANTS, CONDITIONS AND RESTRICTIONS FOR PAYMENT OF IN -LIEU PARKING FEES AND STIPULATION OF LIEN THIS DECLARATION CONTAINING COVENANTS CONDITIONS AND RESTRICTIONS hereinafter referred to as this Declaration' is made as of the d P day of 1991� by BEN TRAINER an individual hereinafter referred to as Participant RECITALS WHEREAS Participant is the owner of that certain real property hereinafter referred to as the Property, located at 303 3rd Street in the City of Huntington Beach County of Orange State of California more particularly described on the attached Exhibit A, which is incorporated by this reference as though fully set forth herein and This Declaration is made pursuant to the In -Lieu Parking Fee Program of the City of Huntington Beach and in compliance with the on -site parking requirement for the Property as established by Conditional Use Permit No 91-57 Coastal Development Permit No 92-2 the City s Downtown Specific Plan and the City s Zoning and Subdivision Ordinance as applied to the Property and Participant intends to establish certain covenants, conditions and restrictions for the Property that shall run with the land and shall extend and inure to the benefit of the City of Huntington Beach and be binding upon Participant s heirs successors and assigns and each Owner (as hereinafter defined) of an interest in all or any portion of any of the Property and such Owner s heirs successors and assigns NOW THEREFORE Participant hereby declares as follows 1 Payment of Fee Participant in lieu of providing rune (9) on -site parking spaces on the Property hereby convenants and agrees to pay to the City of Huntington Beach (hereinafter referred to as the City ) a fee equal to Six Thousand Dollars ($6 000 ) per parking space for a total amount of Fifty-four Thousand Dollars ($54,000) G 4\s Agree Tram303\3/6/96 RLS 95 530 M 2. Amount and Manner of Payment. Participant hereby covenants and agrees to pay the in -lieu fee described in Paragraph 1 above over a period of fifteen (15) years in equal annual installments; provided, however, that the yearly payment shall be automatically increased or decreased each year by the amount of percentage increase or decrease in the Consumer Price Index. Such installment payments will be made annually to the City Treasurer on the anniversary date of the first payment. Payments shall be received no later than 30 days after the due date. Failure to pay in a timely manner may result in revocation of the conditional use permit, foreclosure upon the lien herein described, and other penalties or interest. 3. Running with the Land. It is the intent of the Participant that each and all of the covenants, conditions and restrictions set forth in this Declaration are for the benefit of the City. Each and all of the covenants, conditions and restrictions set forth in this Declaration shall run with the land, and shall bind the respective successors in interest to the Property and each portion thereof, for the benefit of the City. Each and all of the covenants, conditions and restrictions set forth in this Declaration are imposed on the Property and each portion thereof as mutual equitable servitudes in favor of the City, and constitute covenants running with the land pursuant to applicable law, including, without limitation, Section 1468 of the: California Civil Code. 4. Recordation. This Declaration shall become effective and binding upon the Property upon the recordation of this Declaration in the Official Records of the County of Orange, State of California. 5. "Owner" Defined. As referenced to herein, "owner" shall mean the fee title owner or owners of the Property or any portion thereof and the successors -in -interest of such owner or owners. 6. Effect of Transfer byOwner. In the event an Owner transfers or otherwise conveys its interest in the Property, such Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the Property arising under this Declaration with respect to the period after such transfer or conveyance, but shall remain liable for all obligations arising under this Declaration with respect to the period prior to such transfer or conveyance; and the transferee of the Property (including, without limitation, any transferee who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations with respect to the Property arising under this Declaration with respect to the period after such transfer or conveyance. 7. No Canesition. No breach of any provision of this Declaration shall entitle any Owner to cancel, rescind or otherwise terminate this Declaration or the obligations created hereby, but this limitation shall not affect in any manner any other rights or remedies which any Owner may have by reason of any such breach. 8. Security. As security for the performance of the obligations of Participant as stated herein, Participant stipulates that this Declaration shall constitute a lien on and against the Property under California Civil Code Section 2881 in the amount of Fifty-four Thousand Dollars ($ 54,000.00), and shall have priority over any and all junior liens. Said lien shall be extinguished G:4's:Ag=:Train303 Y6.96 R1S 95-530 2 upon the payment of the amount of Fifty-four Thousand Dollars ($ 54 000 00) by Participant to the City 9 Partial Invalidit Should any provision of this Declaration be held by a court of competent jurisdiction to be either invalid, void or unenforceable the remaining provisions of this Declaration shall remain in full force and effect unimpaired by the holding 10 Governing_Law This Declaration shall be construed, interpreted and enforced under and in accordance with and governed by the laws of the State of California 11 Deeds Each and every deed conveying Participant s fee interest in the Property or any portion of the Property to a grantee shall specifically reference this Declaration and its date of recordation and shall specifically recite that the grantee takes its fee interest subject to all of the terms and conditions contained herein which shall be covenants nimmng ,,A ith such grantee s interest for the benefit or burden of such grantee's interest 12 Amendments This Declaration may be amended, modified and/or supplemented only by the written agreement of the Owner of the Property and the City which amendment modification and/or supplement shall be effective and binding upon the whole of the Property upon the recordation of same in the Official Records of the County of Orange State of California IN WITNESS WHEREOF Participant has executed this Declaration as of the date first written above PARTICIPANT BEN TRAINER Ben Trainer APPROVED AS TO FORM AhiA� City Attorney y-y-Y9� G 4\s Agree Tram303\3/6/96 RLS 95 530 CALIFORNIA ALL.PURPeSE ACKNOWLEDGMENT State of _ e0i l O rn l asp County of O r Q e- ' I����'� On _ { ?'199t'pbefore me, �"�;') Ofi RACVq l} ,IG Data �1 Name -dTitle of Omoer (a-g.,'Jana Dos. Notary Puwn personally appeared Nama(a) of %personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acMowledged to me that helshe/they executed the same in his/herhheir authorized capacity(ies), and that by _ JlrlP'rhis/herAheir signature(s) on the instrument the person(s), ��WA W557 - or the entity upon behalf of which the person(s) acted, NNW P"c — Cot?omia S; CJ:%ANGE Cpu,,mr executed the instrument. MY CcO -rn. Errwas .LAN t?, IW; WITNESS my hand and official seal. OPTIONAL Though the information below is not required bylaw, it may prove va viable to persons dying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of tnumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Tftle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Too of U%Nnb two Signer Is Representing: 0 1994 PNtbnsl Notary IssoCwbon - MOB Remmet Ave., P.Q. Box 7104 6 Cw*ga P6A, CA 91309.71 B4 Prod. No. 5997 Reor(W Gal TOFFfW 1-0D4765UJ' Council/Agency Meeting Held: 9_�r Deferred/Continued to: Approved ❑ Conditionally Approved 0 Denied ClCity Clerk's Signa re cf- Council Meeting Date: July 5, 1995 Department ID Number. ED 95-14 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: Honorable Chairman and Redevelopment Agency Members SUBMITTED BY: Michael T. Uberuaga, Executive Director 0" PREPARED BY: Ray Silver, Assistant City Administrator/Acting Director of Economic Development&,rl SUBJECT: In -Lieu Parking Fee for 303 Third Street (Main -Pier Project Area) Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attactvnent(s) Statement of Issue: Ben Trainer the owner of the property located at 303 Third Street received a Conditional Use Permit, No. 91-57 on April 7, 1992, (one year extension of C.U.P. approved June 14, 1994) for the operation of a health club. The C.U.P. allows for the construction of a two-story 13,200 square foot building, requiring 66 parking spaces, 57 parking spaces of which are provided for by means of the downtown parking master plan, as a condition of approval the remaining 9 are to be provided via in -lieu fees. Redevelopment Agency authorization is needed to pay the city imposed fee of $6,0001space, with Mr. Trainer paying the other $6,000/space fee. Funding Source: Realloacate $54,000 from Main -Pier Account # TM-ED-888-6-39-00. Recommended Action: Approve payment by the Agency of an in -lieu parking fee of $54,000 for 9 parking spaces on behalf of Ben Trainer, for property located at 303 Third Street, subject to he terms and conditions Qutlined in this rep . 0,,,e --�- �� ., ;t-o . Alternative Action(s): Deny approval of the in -lieu parking fee for Mr. Trainer's property located at 303 Third Street. v ` REQUEST FOR REDEVELOPMENT AGENL1Y ACTION MEETING DATE: July 5, 1995 DEPARTMENT ID NUMBER: ED 95-14 Analysis: At the City Council/Agency meeting of October 25, 1993, the Council/Agency approved an in- lieu parking fee for businesses located within the downtown Specific Plan area. The fee was set at $6,0001space for businesses, with the option to make payments at $400/year/space over 15 years. The Redevelopment Agency may agree to pay the remaining $6,000/space as an a development incentive (for a total per space fee of $12,000), subject to separate consideration of each request. Staff recommends approval of an in -lieu fee of $ 54,000 for 303 Third Street to be paid by the Agency at the time of the actual constructionlacquisition/development of downtown parking spaces. This obligation on the part of the Redevelopment Agency is made subject to the following conditions and obligations. 1) The parking fee for 303 Third Street is $6,0001space for 9 spaces, as set by the City Council. 3) The in -lieu fee will be paid by the property owner prior to issuance of building permits. 4) The payment is the responsibility of the property owner and will be made in annual payments of $400/space, over 15 years. Such payments will be made annually upon the anniversary date of the Certificate of Occupancy. In accordance with the resolution, the fee will automatically increase each .July 1 by the amount of percentage increase in the Consumer Price Index, as determined by the City Treasurer. 5) The number of spaces for which the fee may be paid is limited to 9 spaces, as required under the CUP. 6) This action by the Redevelopment Agency will constitute approval by the Agency of its commitment to pay $ 54,000 in parking fees on behalf of Mr. Trainer. The Agency fees will be paid to the City at the time of actual constructionlacquisition/development of downtown parking spaces. 7) The fees collected shall be deposited into a dedicated parking fund to be used for creating opportunities for additional parking (i.e. valet, restriping) or construction of surface or structured parking in the downtown area. 303.130C .2- 06122/95 5:46 PM V REQUEST FOR REDEVELOPMENT AGE4dY ACTION MEETING DATE: Judy 5, 1995 Attachment(s): MTUIKBB:is (g1kbb1303) DEPARTMENT ID NUMBER: ED 95-14 1. RCAs dated October 25, 1993 & March 21. 1994. 2. Staff Report for Conditional Use Permit dated June 14, 1994. 3 In -lieu Parking Fee Agreement. 4. F.I.S. 303.DOC -3- M2195 5:46 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK C014NIE BROCKWAY CITY CLERK September 15, 1995 Ben Trainer 2364 Third Street San Francisco, CA 94107-3109 The City Council of the City of Huntington held July 5, 1995, approved the "Agreement Parking Fee By and Between Ben Trainer and Agency of the City of Huntington Beach." CALIFORNIA 92648 Beach at their meeting for Payment of In Lieu the Redevelopment Enclosed is a copy of the executed agreement for your records. If you have any questions regarding this matter, please call the City Clerk's Office at (714) 536-5227. Connie Brockway City Clerk Evelyn Schubert Deputy City Clerk Enclosure cc: Ray Silver, Assistant City Administrator/Acting Director of Economic Development Robert Franz, Deputy City Administrator/Adlrini%trativp ServirpC WwnP !_pp, 4rrnllnfiinn Offir:ar (Telephone: 714-536-5227 ) 1W AGREEMENT FOR PAYMENT OF IN LIEU PARKING FEE BY AND BETWEEN BEN TRAINER AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH This agreement is mado and entered Into this rA�, day of 1995, by and between Ben Trainer thereinafter referred to as ".'artici ant') and the Redevelopment Agency of the City of Huntington Beach (hereinafter referred to as the `Agency'). WHEREAS, Participant Is the owner of that certain real property located at 303 Third Street In the City of Huntington Beach (hereinafter referred to as the 'Property'), which is more specifically described in the legal description attached hereto as Exhlbit "A," and Incorporated by this reference as though fully set forth herein; and Participant desires to develop the Property as a health club gymnasium as stated In Conditional Use Permit No. 91-57; and In order to satisfy the conditions of approval for the.on site parking requirement applicable to Participant's project for the Property, as established by Conditional Use Permit 91-57, the provisions of the Huntington Beach Zoning and Subdivision Ordinance, and the Downtown Specific Plan, Participant may pay a fee to the City of Huntington Beach in lieu of providing actual parking spaces on site; and The Agency desires to assist Participant in the payment of such in lieu fees, NOW, THEREFORE, In consideration of the mutual covenants hereinafter exchanged, the Agency and Participant do hereby agree as follows: I. ELECTION OF PARTICIPANT TO PAY IN LIEU FEE Participant hereby elects to pay to the City of Huntington Beach (hereinafter referred to as the "City" ), In lieu of providing nine (9) parkins spaces on site, a fee of Twelve Thousand Dollars ($12,000) per parking space, for a total of One Hundred Eight Thousand Dollars ($108,000). 2. AGENCY AS25TANCE Agency hereby agrees to assist Participant in the payment of the aforesaid in lieu fee by paying a fee to the City in the amount of Six Thousand Dollars ($6,000) per parking space, for a tots! of Fifty-four Thousand Dollars ($54,000). The remaining amount of Six Thousand Dollars ($6,000) per parking space, for a total of Fifty-four Thousand Dollars (654,000), shall be paid to the City by Participant. 4A9r" :T[ ®fn321 ts/3135 ats as-�az AUG-03-1995 11*54 � ' w jU +7► P.e2 All fa" described heroin citatl be due and payable prior to the iowiance of the Ccrtificato of Oovupancy for the Property. 4. SEVERABLE If arty section, Subsection, sentenw.., clause, phrase or portion of this agreement, or any future wrondmertts or +addidana hereto, is for any meson held to be invalid or uncorwtitvtioml by the decision of arty court of competent Jurisdiction, such declalon shalt not affect the validity of the remaining portfons of this document, or any futura amendments or sdcMns hereto, untems ouch invalidation ma terialiv affects tfie remainder of tiro provisions or tandem the romainder senseless. PARTICIPANT: r BenTrainer f gs- ATT- • Agency Clerk y/7P� REVIEWED AND APPROVED; ExacvWe Direcwr *AW%C?rdasneruM AGENCY: •� THE REDEVaDPMENT AGENCY OF M-.- Cl HUNT ON BEACH Chairman APMOVED AS TO FORM: ; qS Agwcy Gen" Cou nwl • INITIATED AND APPROVED: Acting O emor of Economic VM1oPnVnt TOTAL P.06 TOTAL P.02 3. TIME OF YMENT All fees described heroin chaff be duo and payable prior to the issuance of the Certificate of Occupancy for the Property. 4. SEVERA©LIL.TY If any sect?on, subsection, sentence, clause, phrase or portion of this agreement, or any future amendments or additlons hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect Me validity of the remaining portions of this document, or any future amendments or additions hereto, unless such Invalidation materially effects the remainder of The provislons or renders the remainder senseless. PARTICIPANT: AGENCY: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON REACH Ben Trainer ATTEST: Agency Clerk 2 4%Aams-.Trun321%1rJXS RLS 85"162 Chairman APPROVED AS TO FORM: Agen General CounseC f-0- CC - INITIATED AND APPROVED: Actin ctor of Economic Development .. t 1l f` - sA Ce/22/1995 20:20 It 0 14154359957 0 TPA I NER PAGE 02 EXHIBIT A Legal description reference 303 Third Street, Huntington Beach Lots 1,3, and 5 in Block 303, Huntington Beach Tract, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 3, page 36, Miscellaneous Maps, in the Office of the County Recorder of said County. jpIgOV-ED AS TO FOR!4: GA -IL glfTi011�City ttorney Y Ey: Deputy RECEIVED CITY CixR1 CITY OF HL'NTINCTC1r ["- CH. Cy_!F. HB CITY OF HUNTINGTON BEACH SEp 5 12 04 fjJ +35 INTER -DEPARTMENT COMMUNICATION TO: CONNIE BROCKWAY, City Cleric FROM: GAIL HUTTON, City Attorney DATE: September 5, 1995 SUBJECT: RLS 95-534 -Trainer Agreement The attached Exhibit "A" containing the legal description to the Trainer property may be inserted into the agreement between the city and Ben Trainer. It is included in the document and was inadvertently missing when taken to the Council for approval. .,, GAIL HUTTON, City Attomey !k 41memiWmissing 30 CITY OF HUNTINGTON BEACH te " INTER -DEPARTMENT COMMUNICATION HUNTINGTON itACH TO: Ray Silver, Assistant City Administrator FROM: Connie Brockway, City Clerk C:13- SUBJECT: Ben Trainer Agreement Approved by Council 7/5/95 DATE: August 17, 1995 In reviewing the "Agreement for Payment of In Lieu Parking Fee By and Between Ben Trainer and the Redevelopment Agency of the City of Huntington Beach" in preparation for final execution I discovered "Exhibit P required in the agreement had never been attached. When "Exhibit A" is provided by the Economic Development Department, please obtain the City Attorney's written authority to the City Clerk's office that the City Clerk may insert "Exhibit A7 into the agreement as it was not a part of the agreement when provided to and approved by Council. g:Wcbmem9�132ca REQUEST FC t CITY COUNCIL/REDIA,..X MENT CTION APPROVE Y ED 93-32 Date: October 25, 1993 Submitted to: onomble Mayor/Chairman and Cit Council/Agency Members Submitted by: Michael T. Uberuaga, City Administrat _) 66 Prepared by: Barbara A. Kaiser, Director of Economic Development Subject: In -Lieu Parking Fee for Downtown Businesses �e , 6-2 .z Coasistent with Council Policy? (X] Yes [ ] New Policy or Exception ftal,Rj� 11 4irfs,- Statement or Issue, Recommendition, Analysis, Funding Source, Alternative Actions, Attactnmesits Statement of Issue: On May 18, 1992, the Redevelopment Agency/City Council approved an action that requires property owners to pay $1,000/space as an in -lieu parking fee in the 200 block of Main Street, rather than providing parking onsite in the downtown area. Since that time, other downtown business owners have entered negotiations to lease their buildings and they have requested that the City Council set an in -lieu parking fee for their businesses. Rtgommendation: 1) Conduct a public hearing; 2) Adopt City Council Resolution No. 6522; and 3) Approve the in -lieu parking fee ($4001year/space - initial rate), for all future requests by downtown businesses within the Downtown Specific Plan area, as further described in this report. Analysis: Staff is recommending a revision in the amount and method currently established to set an in -lieu parking fee for downtown businesses. On May 18, 1992, the Redevelopment Agency/City Council approved an action that requires property owners in the 200 block of Main Street to pay $1,0001space as an in -lieu parking fee, rather than providing parking onsite in the downtown area (see attached report). 'These funds are paid into a trust fund to be used for acquisition/construction of additional parking facilities at sometime in the future when additional parking demand is created. '�, Since that time, additional owners have contacted the city regarding payment of in -lieu fees. Some of these owners currently have buildings under construction, and are in negotiations with restaurant tenants. To continue to encourage the leasing of downtown facilities, staff is recommending approval of an in -lieu fee, as allowed under the current Downtown Specific PIan, and in compliance with current standards. The fee will also remain part of the Downtown Master Parking Plan currently under consideration to be approved by several governmental agencies, including the California Coastal Commission (anticipated timeframe is 9 months). Staff recommends the following as the new in -lieu parking fee policy. 1) AlI new requests by businesses within the Downtown Specific Plan area may apply for an in -lieu fee. The fee is set at $400/spacelyear to a maximum payment of $6,0001sp2ce. Full payment of fees will take 15 years under this formula. 2) The Redevelopment Agency will contribute a matching $6,000/space for a total payment of $12,000 to cover the cost of construction of a parking space within a parking structure. The Agency's payment will be reduced accordingly if public surface parking spaces are provided, rather than a parking structure. Agency payment will be made at the time of actual construction/acquisition/development of the do%mto%%m parking spaces. Agency funds will be provided through future tax increment revenues, bond funds, developer payments, or other resources available to the Agency. 3) The $400/space/year will be automatically increased annually on July 1 by the amount of percentage increase in the Consumer Price Index, as determined by the city treasurer. 4) The in -lieu parking fee will be paid by property owners or tenants upon application of the annual business Iicense. 5) All in -lieu fees will be placed in a dedicated parking fund to be used at Redevelopment Agency discretion in developing new parking facilities. 6) Each property owner or tenant will be responsible for their own in -lieu fee, depending upon the number of parking spaces required for their business. NQ credit or adjustment will be made for fees paid by previous owners or tenants towards an in-Iieu fee. On June 7, 1993, the Planning Commission approved the Downtown Parking Master Plan. This Plan includes the following section under Addilional Recommendations: "Require that any parking in -lieu fees be full cost recovery based on the parking requirement for specific uses. However, • allow that these fees be paid over an amortization period." r Staff believes that, to the extent financially feasible, the proposed in lieu parking fee is consistent with this recommendation (please see attached Downtown Parldng Costs Summary). To date, approximately $100,000 has been received by the in -lieu parking fund. Potential additional payments to be made during fiscal year 1993194 are anticipated as follows: Annual Payment.. Total Rug 120 Main Street (Wahoo's) 13 spaces (400) = 5,200 789000 522 Main Street (Suzanne's Cafe) 6 spaces (400) = 2.400 36.QQQ Total Payment: $ 7,6001yr. $ 114,000 _ In addition, staff has completed a survey of other city's parldng in -lieu fee programs and this information is attached. Funding_SQurcC: None required as the result of this action. Atfachments: 1) RCA dated May 18, 1992. 2) Parlang Fee Survey of other cities. MTUIBAI{:ls 513 3 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A NEW IN -LIEU FEE FOR PARKING WHEREAS, the Downtown Specific Plan provides that parking requirements for non -conforming uses or structures may be met by payment of an "in -lieu" fee, and The City Council of the City of Huntington Beach has determined that a certain annual fee is necessary for implementation of the Downtown Specific Plan and will facilitate traffic and pedestrian movement in the future NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows SECTION 1 Pursuant to Section 4 2 13 of the Downtown Specific Plan of the City of Huntington Beach, the City Council hereby establishes an in -lieu fee of Four Hundred Dollars ($400 per space per year for providing parking in a parking structure for certain properties within the Downtown Specific Plan Area (Attachment A) SECTION 2 The fee of established herein shall automatically increase or decrease each year on July 1st by the amount of percentage increase or decrease in the Consumer Price index SECTION 3 All revenue from the in -lieu fee shall be segregated from the general fund and used only for acquisition and installation of parking facilities SNM cu182793 parking In -Lieu Fee Opliorts Examples of Businesses: Restaurant 3,600 sf :100 = 36 spaces 36 x $4004r = $14,400 x 15 years = $216,000 Retail 3,600 sf _ 200 = 18 spaces 18 x $400/yr = $7,200 x 15 gears = $108,000 Wahoo 2,400 sf.: 100 = 24 -14 gmndfathercd = 10 x $400/yr = $4,000 x 15 years = $60,000 200 Block 3,000 sf : 100 = 30 -15 grandfathered = 15 x $1,000 = $15,000 Main Street A. In -Lieu Parking Fee Agreement with Property Owners Pros to City: - Easier to predict revenue stream for 15 years. - Appropriate consideration by the property owner will be given to the tenant's agreement (e.g. owner's pro forma would consider retail vs restaurant and parking expense). Cons to City: - Fixed"fee payment to the City. - City pays for parldng facility operation and maintenance in the future, (NOTE: Farking income may cover operations & maintenance) - if parldng expense is included in the lease rates, ability to rent and type of business may be impacted. - Administrative costs will be incurred, each owner needs an agreement with Agency and amendments may be needed for new tenants when added. B. In -Lieu Parking Fee Agreement with Tenants (Open Ended) Pros to City: - Fee increases annually according to CPI and does not end at 15 years. - Fee payments continue indefinitely, providing for ongoing operation and maintenance of parking and future parking development, if determined necessary by the city. - City may wish to review the $1,000/space for some current businesses if tied to initial tenants only. Cons to City: - Revenue stream varies each year. - The city comes between business tenant and property owner. - Additional administrative costs; each tenant needs a separate agreement with the city. - The city comes between business tenant and property owner. - Administrative costs will be incurred, each tenant will need a separate agreement with Agency. 731 3 . , , REQUEST FOR REDEVELOPMENT AGENCY ACTION :APPROVED BY CITY COUNCIL � ED 9349 19 X4Rch.21, 19'1`� Date: Maffl� 12Q4 c � Submitted to: Honors c carman and RedevelopmentAgencyMembers Submitted by: Michael T. Ubueraga, Executive Director )t-A � C�. Prepared by: Barbara A. Kaiser, Redevelopment Director Subject: In -Lieu Parking Fee Program Implementing Resolution 63 Consistent with Council Policy? (XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, At t Statement of Ime: Transmitted for the Agency's consideration is a Redevelopment Agency Resolution which outlines the proposed measures to implement the In -Lieu - Parldng Fee Program for uses within the Downtown Specific Plan area. These measures are generated as a result of the adoption of City Council Resolution No. 22 at the City Council meeting of October 25, 1993. In addition, an ordinance to amend the Downtown Specific Plan is in preparation to be heard by the Planning Commission and City Council at a later date. Recommendation: 1) Approve Redevelopment Agency Resolution No. W, adopting the implementing measures for the In -Lieu Parking Fee Program within the Downtown Specific PIan area (within the Main -Pier Redevelopment Project Area). Analysis: At the City Council/Agency meeting of October 25, 1993, the Council/Agency directed staff to prepare measures to implement the In -Lieu Parldng Fee program. These measures must be adopted by the Redevelopment Agency by resolution, and by the City Council by ordinance. Outlined below are the measures: Funding Source; ?Zone required as a result of this action. Alternative Action: 1) Revise the implementing measures for the in -lieu parking fee program. Attachments: 1) Redevelopment Agency Resolution No.. 2) RCA dated October 25 1993. 3) Analysis of Options. MTU/BAK:Is 720 3 3)' The first in -lieu fee per space payment due shall be paid by the property owner prior to issuance of a Certificate of Occupancy or building permit, whichever occurs first. Subsequent annual payments shall be made by the property owner upon the one-year anniversary of the first payment. 4) Payment of the fee shall be the responsibility of the property owner . ' and may be made in lump sum or in annual payments. A lien in the amount of the unpaid balance may be placed on the property. 5) The number of in -lieu fee spaces purchased shall riot be in excess of the number required for an approved use. 6) For any property owner with an Agency approved agreement, business -to -business transfers (i.e., tenant to tenant)' located on -'' the same parcel and/or suite will be permitted if the number of parking spaces required does not increase. 7) Evidence of City/Redevelopent Agency approval, (such as covenant or agreement), of the in -lieu fee participation for each business must be provided prior to issuance of a Certificate of Occupancy or building permit, whichever comes first. 8) The in -lieu fee parking fee applies o-oly to private property development not publicly owned land. (9) All fees collected from the property owners and the Agency's contribution, if any, shall be deposited into a dedicated parking fund to be used for creating opportunities for additional parking (i.e., valet, restriping, etc.) or construction of surface or structured parking in the downtown area. 2 � sninGeur82793 � • ��� ,A P�zo V ED x lf6pfirftt : 1 TO: Planning Commission FROM: Howard Zelefsky, Planning Dir BY: Susan Pierce, Associate P1 r DATE: June 14, 1994 SUBJECT: CONDITIONAL USE PERMIT NO. 9I -57/COASTAL DEVELOPMENT PERMIT NO.92-2 - ONE (1) YEAR EXTENSION OF TIME (CONTINUED FROM THE MAY 17, 1994 PLANNCNG COMMISSION MEETING) LOCATION: 303 Third Street STATEMENT OF ISSUE: At the May 17, 1994, Planning Commission meeting, Mere were two (2) motions that resulted in tie (3-3) votes. The first was to deny the extension of time and schedule a public hearing to revoke the entitlements; and the second was to approve the extension of time. The tie votes resulted in an automatic continuance to this meeting. The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 92-2, which were originally approved by the Planning Commission on April 7, 1992. The request included construction of a two-story, 13,200 square foot building to be used as a health club. The special permits allowed the building to encroach into the front and side yard setbacks (0' setback in lieu of 55 and into the rear yard setback (0' setback in lieu of 3). These applications were originally continued from the April 5, 1994, Planning Commission meeting to allow the applicznt to submit a conditional exception (variance) to allow a reduction in required parking from 88 spaces to 31 spaces. The Planning Commission denied Conditional Exception (Variance) No. 94-14 with findings at their May 3, 1994, meeting. Attached are copies of the May 3, 1994, staff report and letter from property owner's attorney dated March 15, I994. Staff recommends that the Planning Commission approve the requested extension of time for Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 92-2. ATTACHMENTS: 1. Planning Commission Staff Report dated May 3, 1994 2. Letter from Property Owner Attorney dated March 15, 1994 SH:SP:kjl Stfr Report - 6114/94 1 (P=048) TO: Planning Commission FROM: Howard Zelefsky, Planning Director BY: Susan Pierce, Associate Planner DATE: May 3, 1994 SUBJECT: CONDITIONAL USE PERMIT NO.91-57 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO.92-2 - ONE (1) YEAR EXTENSION OF =- (CONTINUED FROM THE APRIL 5, 1994 PLANNING COMMISSION MEETING) APPLICANT: JeffBergsma, 221 Main Street, Suite H, Huntington Beach, CA 92648 PROPERTY OWNER: Ben Trainer, 2364 Third Street, San Francisco, CA 94107-3109 REQUEST: One (1) year extension of time for an approved request to construct a two- story, 13,200 square foot building to be Used as a health club. The approved plan included special permits for encroachment into the front, side and rear yard setbacks. LOCATION: 303 Third Street (northwest corner of Third Street and Olive Avenue) DATE APPROVED: April 7, 1992 ZONE: Downtown Specific Plan, District 5 (Mixed Use) GENERAL PLAN: Mixed Use EXISTING USE: Vacant ACREAGE: 8,512.5 square feet (net) 1.0 SUGGESTED ACTION: Motion to: "Approve the request for a one (1) year extension of time for Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 92-2." Staff Report - 513/94 ' 1 (= 035) ..r...A&, � _ C I ►. .: ►1 1 to 1► Conditional Use Permit No. 91-57 with Special Permits and Coastal Development Permit No. 92-2 were approved by the Planning Commission on April 7,1992..The request included construction of a two-story,13,200 square foot building on an 8,512.5 square foot parcel, to be used as a health club. The special permits allowed the building to encroach into the front and side yard setbacks (V setback in lieu of 5) and into the rear yard setback (0' setback in lieu of 3'). The findings and conditions of approval are included as Attachment No. 2 to this report. The applicant has request a one (1) year extension of time to obtain a building permit. The originally proposed tenant for the project, "Nautilus Plus" was acquired by Bally's International which also owns the Holiday Health Spa at Guardian Center. Due to the proximity of these two (2) locations, Bally's dropped out of their contract to locate at 303 Third Street. Huntington Athletic Club has been secured as a replacement tenant. The project is in the Main -Pier Redevelopment area The Economic Development Department has been informed of the request and supports the extension of time. The approved project substantially complies with code requirements, except in the instances where special permits were granted for setbacks. Although no parking was provided on -site, the parking requirements were previously considered to have been satisfied by a combination of "credit" from the previous use of the site, and payment of in -lieu parking fees as permitted by the Downtown Specific Plan. The health club requires a total of 66 parking spaces (13,200 square feet divided by 200). In 1992, 57 of these spaces were considered to be grandfathered or credited from the previous use on the site (auto repair/body shop business). The applicant proposed to pay the in -lie fee for the nine (9) remaining required spaces unless the "Village concept" parking plan was put into effect by the time building permits were issued. On February 1,1993, the City Council adopted Ordinance No. 3180, which amended the parking requirements of the Downtown Specific Plan. whereas previous policy allowed grandfathering of spaces, the new ordinance (Section 4.2.01d.2 of the Downtown Specific Plan) requires, "If 50% or more of an existing structure is demolished and reconstructed, the new structure must provide the required off-street parking. The parking may be provided through the payment of in - lieu fees as allowed by the Downtown Specific Plan in -lieu fee parking program." Therefore, the proposed health club must provide the required 66 parking spaces. This may be achieved by revising the project to provide spaces on -site, by payment of in -lieu fees, or some combination thereof. Another option is for the applicant to request a conditional exception (variance) for a 57 parking space reduction. The applicant has submitted Conditional Exception (Variance) No. 94- 12 for consideration with the request to add a 4,400 square foot basement. Staff Report - 5/3/94 2 (pcsr033) y ,NDATION: As that the Planning Commission approve the request for a one (1) year extension iditional Use Permit No. 91-57 with Special Permits and Coastal Development 2 with all parking satisfied by payment of in -lieu fees or approval of conditional ariancc) No. 94-12, a variance to reduce the required parking from gg spaces to 31, l of in-Iieu fees for 31 parking spaces. Bing Commission may deny the request for extension and schedule a revocation hearing. j r ktr from applicant request an extension of lime dated March 7, 1994 findings and Conditions of Approval dated april 7, 1992 I.C1,ronology kjl SEW Report - 513194 3 (p=035)