HomeMy WebLinkAboutMILLS LAND & WATER - 2003-01-21 ' r
Council/Agency Meeting Held: z_.
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied _
/ City Clerk's Signature
Council Meeting Date: October 21, 2002 Department ID Number: CA 02-22
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
C :
SUBMITTED TO: �'`H-4.NORi$BLE MAYOR AND CITY COUNCIL MEMBE-RS
/
`I 7j�V
SUBMITTED BY: G�lL HUv ON, City Attorney
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PREPARED BY: GAIL�HUTTON, City Attorney
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SUBJECT: Settlement Agreement between the City of Huntington Beach and Mills
Land & Water (Orange County Superior Court Case No. 76 36 24
Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City enter into a Settlement Agreement between Mills
Land &Water and the City of Huntington Beach?
Funding Source: Self-Insurance Liability, Liability/Settlement, Account No.
55235610.72525.
Recommended Action: Approve and authorize Mayor (or Mayor pro tem) to execute and
the City Clerk to attest to the Settlement Agreement between the City of Huntington Beach,
Mills Land & Water, and Cal-Trans.
Alternative Action(s): Do not approve the settlement agreement and direct City Attorney to
prepare for trial.
Analysis: In 1994, the Plaintiff, Mills Land & Water Company, sued the City of
Huntington Beach alleging that the City had taken its property because the City had not
obtained a certified Local Coastal Program from the Coastal Commission on the property.
The history of the Local Coastal Program is as follows:
In 1976, the Legislature adopted the California Coastal Act mandating that each jurisdiction
along the coast prepare a land use document called a Local Coastal Program ("LCP"). The
LCP consists of a Land Use Plan ("LUP") which serves as a general plan for the coastal area
of the City, and a Local Implementation Plan ("LIP"), which consists of zoning pursuant to the
LUP. The LCP, including the LUP'and LIP, must be certified by the Coastal Commission as
consistent with the Coastal Act's goals and policies. By statute, the Coastal Commission
was to create the process for certification of all LCPs by 1980 and local agencies were to `�
REQUEST FOR COUNCIL ACTION
MEETING DATE: October 21, 2002 DEPARTMENT ID NUMBER: CA 02-22
submit their LUPs no later than January 1, 1983. However, Huntington Beach did not meet
this filing deadline, and even today, a significant portion of the coast is still without certified
LCPs. To address this problem, the Coastal Act provided that until there was a fully
approved LCP, development of coastal property could be approved pursuant to a
development permit obtained directly from the Coastal Commission. The usual procedure
during this interim status is to first seek concept approval from the City and then seek a
development permit from the Coastal Commission.
In 1986, the Coastal Commission approved the City's LUP for the Mills property and in
1996, the Commission approved the LIP for the property, thereby creating an LCP. The
LCP assigns various development standards to the various parcels comprising Mills'
property.
Status of Litigation
At issue in Mills I was whether Mills Land had an obligation to seek a development permit
from the Commission while there was no LCP for the property or whether they could sue
the City without having applied for or been denied a development permit. Initially, the City
successfully obtained trial court dismissal of the complaint on the basis the case was not
"ripe," that is, that Mills Land had not applied for nor was denied a development permit.
After that trial court decision, an appeal was taken.
The initial appeal decision was very favorable to Mills. However, the City petitioned for a
rehearing, which was granted. The Court of Appeal issued a new opinion on June 21,
2000. Under the new opinion, Mills has a heavy burden of proving it was "futile" to apply
for a development permit. Absent such a showing, judgment must be granted the City.
On June 29, 2001, the Court issued a minute order denying City's Motion for Summary
Judgment. The City filed a Petition for Writ of Mandate which was denied. The case was
set for trial on October 15, 2001, and most discovery had been completed, except for
depositions of expert witnesses.
Settlement Terms
In August 2001, the Council authorized the City Attorney to enter into a memorandum of
understanding and stipulation to stay Mills while the City, Mills and CalTrans attempted to
negotiate a global settlement.
In or about February 3, 2002, Mills I was transferred to Judge Kim G. Dunning. On June 4,
2002, Judge Dunning set the case for trial on December 16, 2002. Unless the case settles,
we will need to begin trial preparation immediately.
The proposed settlement involves:
02mills -2- 10/8102 5:14 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: October 21, 2002 DEPARTMENT ID NUMBER: CA 02-22
1. An exchange/purchase between Mills and CalTrans whereby Mills acquires the
developable portions of the property along PCH and the Cabrillo Mobile Home Park
and CalTrans acquires Mills' wetlands.
2. All wetlands shall be deed restricted for wetlands use only.
3. Mills would pay CalTrans $1.5 Million.
4. The City would process a local coastal program,general plan and zone changes
and a development agreement for the developable portions of the PCH property.
The mobile home park would remain and be planned and zoned for mobilehomes.
The City will credit Mills $300,000.00 toward processing fees of these documents.
5. The City will credit Mills with $700,000 in processing fees, development fees, and/or
Newland Street improvements toward any of its proposed projects in the area
bounded by Lomond Street, Newland Street, Beach Blvd. and Pacific Coast
Highway. Any proposed development project will still be subject to staff review and
processing requirements, including the Coastal Commission where applicable.
Environmental Status: Exempt.
Attachment(s):
City Clerk's
Page Number I No. Description
1. Settlement Agreement
RCA Author: mcgrath
02mills -3- 1018102 5:14 PM
ATTACHMENT
1
• DUPLICATE
ORIGINAL
f
AGREEMENT FOR SETTLEMENT OF LITIGATION
Parties.
This Agreement for Settlement of Litigation (this "Agreement") is made by and
between the City of Huntington Beach, California ("City"), a municipal corporation,
Mills Land and Water Company ("Mills"), a California corporation, and the California
Department of Transportation ("CalTrans"), a state agency.
Effective Date.
This Agreement will become effective upon the date it has been approved by the
City Council of the City, the Board of Directors of Mills, and the District Director of
District 12 for CalTrans, and executed by all the parties.
Purpose.
The purpose of this Agreement is to establish a process for a global settlement of a
long-standing dispute over the future use of approximately 51 acres of real property
located in the City between Beach Boulevard and Newland Street north of Pacific Coast
Highway ("PCH") (the "Property'). (A diagram of the Property showing ownership is
Exhibit 1.)
Recitals.
A. Mills acquired the Property about 1905. In 1965, CalTrans acquired by
eminent domain approximately 28_acres from Mills for freeway construction (the
"CalTrans Property"). (The remainder of the Property not acquired by CalTrans is
referred to herein as the "Mills Property"). When the freeway construction did not occur,
a portion of the Mills Property was effectively landlocked and Mills sued CalTrans in or
C;WPOOCS'HUNTI`GTON BEACIRMILI.5%vilerrent Agreement.wpe
about December 1976 (1Wlills Land and Water Company v. California Department of
Transportation, Orange County Superior Court Case No. C 136349.) The State
Legislature adopted special legislation (AB 2816 - Mangers, 1978) which granted Mills
certain rights to purchase the CalTrans Property.
B. CalTrans also owns 1.5 to 1.7 contiguous acres at the corner of PCH and
Beach Boulevard (the "Utt Parcel").
C. All of the Property and the Utt Parcel are within the coastal zone.
D. Portions of the CalTrans Property are occupied by Cabrillo Mobile Home
Park, and Action Boat Sales, which also includes the Utt Parcel. The Orange County
Flood Control Channel traverses the Property and Southern California Edison has a right
of way for utilities over a portion of the Property. (An aerial photograph of the Property
and the Utt Parcel is Exhibit 2.)
E. In or about 1979-1983, the State Department of Fish and Game ("Fish and
Game") depicted portions of the Property as wetlands or degraded wetlands. Some of the
areas depicted by Fish and Game as degraded wetlands were deemed by Fish and Game
to be unrestorable, and other areas have been and are being further degraded by activities
of Southern California Edison while servicing utility lines and by activities of Orange
County Flood Control in connection with maintaining and improving the Flood Control
Channel.
F. In 1981 and 1982, the California Coastal Commission ("Coastal
Commission") did not certify the City's proposed Local Coastal Program ("LCP") Land
Use Plan ("LUP") as to an area which included properties that Fish and Game had
C WPDOCS!IJVTI\'GTO.%IIEACHS4IILLS%Seulemem AgreementwN 2
1
depicted as containing wetlands, including the Property. This became known as the
"White Hole" area.
G. Mills and other landowners commenced various lawsuits challenging land
use regulation of the Milts Property and other areas depicted as containing wetlands.
H. In 1987, the Coastal Commission certified the LUP for the White Hole
area, which encompasses 232 acres. The LUP designates as "Commercial Visitor"
("CV") approximately seven (7) acres comprised of the Utt Parcel and the portion of the
CalTrans Property along PCH. The LUP designates the remainder of the Property
"Wetland/Conservation" ("OS-C"). All of the Mills Property is designated "OS-C."
One-half of the Cabrillo Mobile Home Park is designated `'OS-C" and the other half
"CV." The City's General Plan uses the same land use designations. (A diagram
showing the LUP/General Plan land use designations is Exhibit 3.)
I. In 1989, City staff proposed a zoning ordinance and LCP Implementation
Program ("LIP"). Landowners complained that the proposed LIP would constitute a
regulatory taking which would require compensation to be paid, and, on the advice of the
City Attorney, the LIP was withdrawn.
J. In 1990, the City submitted a proposed LIP to the Coastal Commission
which the Coastal Commission would not certify unless it was modified to afford greater
protection to the certain areas in the White Hole area depicted as restorable wetlands by
Fish and Game. In 1992, the Coastal Commission approved an LIP, but with
modifications, which the City Council did not accept. After further studies, workshops
and other efforts to resolve the wetlands and zoning issues, the City resubmitted the LIP
C'WPDOCS'-JiUNTIKGTON BEACHW[LLS,.Set lement Agreement.wpd 3
to the Coastal Commission in 1994. The Coastal Commission did not certify the 1994
submittal as presented. In 1995, the Coastal Commission certified the LIP with
modifications which were accepted by the City in 1996.
K. The 1994 and 1996 LIPS are the subject of two lawsuits:
I. Mills Land& Water Company v. City of Huntington Beach, Orange
County Superior Court Case No. 739412, in which Mills seeks damages against the City
for delay in designating land uses and implementing zoning and in processing
development apptications for the Property.
2. Mills Land and Water Company v. City of Huntington Beach, Orange
County Case No. 763624, which challenges the LIP and zoning enacted and implemented
in 1996. Mills and the City have entered into a Tolling Agreement with regard to this
dispute and, pursuant to the terms of the Tolling Agreement, Case Number 763624 was
dismissed without prejudice on December 2, 1996.
L. The LIP/Zoning does not conform to the LUP/General Plan. Portions of
the approximately seven (7) acres designated "CV" in the LUP/General Plan are
designated in the LIP and zoned "Coastal Conservation," including developed areas.
The entire Cabrillo Mobile Home Park is designated in the LIP and zoned
"Manufactured Home Park." (A map showing the LIP/Zoning designations is Exhibit 4.)
M. Pursuant to a stipulation by Mills and the City, the Court stayed Case No.
739412 until June 4, 2002 while the parties endeavored to arrive at a global settlement of
the disputes over the use of the Property. On June 4, 2002, the Court set Case No.
739412 for trial on December 16, 2002.
CAWPDOCSMUNTINGTON BEACyL%iiLLSSntlemem Agrecmcnt* 4
N. In the event settlement is not implemented, the current litigation will
resume at great public and private cost and without any certainty as to the outcome.
Future litigation concerning use of the Property between the parties to this Agreement
and other jurisdictional and permitting agencies is likely. In the meantime, the areas
depicted as degraded wetlands may be degraded further by third parties.
O. All parties desire to settle the litigation. Mills desires to acquire and
develop portions of the "CV" strip along PCH. CalTrans is willing to acquire the
wetlands owned by Mills and desires to obtain Mills' release of its rights under AB 2816
(Mangers, 1978). The City would like the areas depicted as wetlands to be protected as
wetlands and for habitat for endangered species and the portions of the "CV" strip along
PCH to be reasonably developed.
P. The settlement discussions have resulted in this Agreement which, if fully
implemented, will result in dismissal of Case Nos. 739412 and 763624 without
prejudice and Mills' release of its rights under AB 2816 (Mangers, 1978) and
acknowledgment by Mills in a form satisfactory to CalTrans that Mills has no further
rights under Case No. C136349, or due to any of the events or facts alleged or allegations
made in said Case.
Q. In order to implement this Agreement, a general plan amendment, zone
change and a development agreement must be approved by the City, after compliance
with the California Environmental Quality Act ("CEQA") and public hearing
requirements. An LCP amendment must be approved and adopted by the Coastal
Commission. The California Transportation Commission ("CTC") must approve the
C'µ`p'�OCS.HL'1"['[tiCT6ti��ACH'SIILLS'Senlcment Agreemem wpd 5
exchange/sale of the portions of the CalTrans and Mills Property.
R. This Agreement is not a project approval within the meaning of CEQA.
NOW, THEREFORE, it is agreed as follows:
1. As promptly as is reasonably possible, City will initiate and process
general plan, zoning and LCP amendments, as follows:
(a) An approximate 2.5 acre portion of the highway frontage along the
inland side of PCH occupied by Action Boat Sales will be zoned to permit "CV" uses.
The Utt Parcel is already zoned Project"CV" to conform to the General Plan.
(b) A vacant area of approximately 1.2 acres adjacent to and east of
Cabrillo Mobile Home Park, a portion of which is presently being used for recreational
vehicle storage, will be zoned to permit "CV."
(c) The zoning and LCP will permit a bioswale in the landscape setback
along PCH and reasonable vehicular access to and from PCH and specify the
development envelope for "CV" uses. No wetlands buffer will be required on the areas
presently occupied by Action Boat Sales and Cabrillo Mobile Home Park or the area
used for recreational vehicle storage east of Cabrillo Mobile Home Park.
(d) The entire Cabrillo Mobile Home Park will be planned and zoned
for mobilehome park use.
(e) The draft general plan/LUP map is Exhibit 5 and the draft
zoning/LIP map is Exhibit 6.
C?.WPDOCS` "TIKGTOV EIEACIU IILLS'Selt6emcn[Agreemcnt-wpd 6
(t) In the future, Mills may apply to the City forzoning/LIP
amendments for the remainder of the strip along PCH which is planned "CV" after a
wetlands study has been made, and the City agrees to process such application(s). This
Agreement is not contingent upon the success of any such future application for
additional zoning/LIP amendments.
2. Concurrently with the general plan, zoning and LCP amendments described
in Section 1(a-e) above, the City will process a mutually agreeable development
agreement with Mills or its designee for the "CV" property which, if approved and
becomes effective, will vest the LCP/general plan/zoning for the "CV" property.
3. All of the Mills properties currently zoned and planned "OS-C" will be
acquired by CalTrans and deed restricted for wetlands use only. The wetlands retained
by CalTrans will also be deed restricted for wetlands use only.
4. Mills will acquire all of the CalTrans Property fronting on PCH currently
planned "CV," including the property occupied by Action Boat Sales.
5. Mills will acquire Cabrillo Mobile Home Park.
6. This Agreement is conditional upon Mills and CalTrans entering into a
separate purchase and sales agreement relating to the sale and exchange of the properties.
7. The City will credit Mills with up to $300,000 in application processing
fees, including, but not limited to, environmental and technical reports which would
ordinarily be charged to developers by the City in connection with processing the
LCP/general plan/zoning amendments and a development agreement for the properties to
be acquired by Mills from CalTrans. This does not include fees that are collected by the
C k%WD005`.HL'14TINGTON BEACH%MILL5•Ssrdemem AgreeMOLwpd 7
City, but passed on to other agencies.
8. The City will credit Mills with up to $700,000 for application fees,
processing fees, environmental documentation, technical reports, building permit and
inspection fees, traffic impact fees, park in lieu fees and Newland Street improvements
which would ordinarily be charged to developers by the City. This credit does not
include fees that are collected by the City, but passed on to other agencies. This credit
may be used for any of Mills' projects in the area bounded by PCH. Beach Boulevard,
Lomond Drive and Newland Street. In the event this Agreement is not fully
implemented, Mills shall reimburse the City for any amount of the $700,000 so credited.
9. The City will expedite processing of any complete application for
development of the Mills properties bounded by PCH, Beach Boulevard, Lomond Drive
and Newland Street.
10. On or before October 2, 2002, the City and Mills will seek to continue the
trial in, or stay, Orange County Superior Court Case No. 739412 pending full
implementation of this Agreement. In the event the trial is not continued or a stay is not
granted, and subject to the execution of a mutually agreeable tolling agreement with the
City, Mills will dismiss Orange County Superior Court Case No. 739412 without
prejudice concurrent with the execution of a tolling agreement between Mills and the
City.
11. Upon approval of this Agreement by all the parties, the parties will enter
into joint escrow instructions and open an escrow. Subject to the closing conditions
described below, the escrow instructions will provide for the exchange/sale of the Mills
C:WPO0054HUNTINCTOS OEACMMILLSISetdemem Ageemen[wpd 8
Property and portions of the CalTrans Property referenced in Paragraphs 3, 4 and 5
above, the dismissal of Case Nos. 739412 and 763624 without prejudice and release of
Mills' rights under AB 2816 (Mangers, 1978). Close of escrow shall be conditioned on
the receipt of approvals by the Coastal Commission, the California Transportation
Commission, CalTrans' Air Space Advisory Committee ("ASAC"), any other applicable
internal CalTrans departments, and any other agencies whose approvals are required, for
example and without limitation, Fish and Game and/or U.S. Department of Fish and
Wildlife, as applicable, and acceptance of the LCP amendment to the satisfaction of the
City and Mills. Upon satisfaction of the conditions to the close of escrow:
(a) the general plan/LCP amendments, zoning and mutually agreeable
development agreement will become effective;
(b) the lawsuits, Mills Land& Water Company v. City of Huntington
Beach, Orange County Superior Court Case No. 739412, and Mills Land and Water
Company v. City of Huntington Beach, Orange County Case No. 763624, will be
dismissed without prejudice;
(c) the execution of a mutually agreeable purchase and sales agreement
between CalTrans and Mills, which shall confirm, among other things:
(1) Mills will release its rights under AB 2816 (Mangers, 1978)
and provide an acknowledgment approved by CalTrans and
referred to in paragraph P above;
(2) Mills will pay CalTrans $1.5 Million; and
C%WPO00541L-FTIIGTON IICACIVNILLS`Seulemeni Agrecmem.upd 9
(3) Mills and CalTrans shall perform environmental site
assessments and remediate any contamination found on their
respective properties prior to the close of the escrow provided
for in the said purchase and sales agreement.
(d) escrow will close and the conveyances between CaITrans and Mills
will be recorded.
12. In the event this Agreement is not fully implemented. Mills and the City
agree that Mills may refile and resume the litigation without prejudice by the refiling of
Case Nos. 739412 and 763624 for-,which all statutes of limitations shall be tolled. The
City and Mills hereby reaffirm the Tolling Agreement executed in connection with Case
No. 763624, and concurrently herewith will enter into an additional Tolling Agreement in
connection with Case No. 739412 of substantially the same form and content. Mills and
the City agree that data developed during the settlement process may be used in the
litigation, if relevant. However, the parties agree that communications and actions of the
parties and their consultants and advisors are to be considered settlement and/or
mediation behavior, and shall be inadmissible in the litigation for any purpose. Mills and
the City agree that experts and consultants jointly retained for purposes of implementing
this Agreement shall not be called as witnesses by either party.
13. This Agreement constitutes an integration of the entire understanding and
agreement of the parties. No representation, warranty, promise, understanding or
condition, whether written or oral, not specifically incorporated herein, shall be binding
upon any of the parties unless made in writing and signed by each party hereto duly
C WPOOCS`FiU147f1.%GTON BE 1CKMILLSSculcmcm Ayrnmml wpd 10
authorized to act on behalf of each party.
14. This Agreement shall be binding on the parties, all of their related affiliated
companies, and their successor and assigns.
15. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. It shall be necessary to account for only one such fully-executed counterpart
in proving this Agreement.
16. Time Limits.
(a) In order to implement this Agreement, CatTrans must obtain
approvals from ASAC and CTC which are estimated to take three-four months.
(b) In order to implement this Agreement, the City Council of the City
must approve discretionary general plan and zone changes and a development agreement
which are estimated to take six-nine months and approval of the LCP changes from the
Coastal Commission which are estimated to take six-twelve months.
(c) The parties have agreed to the following time schedule:
(1) Approval of CalTrans/Mills Exchange by ASAC December
31, 2002.
(2) Approval of CalTrans/Mills Exchange by CTCJap+H�I,
-2-663.
(3) Approval of general plan and zone changes and development
agreement by City Council October 31, 2003.
C%%'PnGC5',HUM1TI\GT0N REACH.'1ILLS"SeWement Agr a cnt.wpd 1 l
OCT 03 2002 14 :51 FR TO 206674194SB52987 P .02/02
• 0
(4) Approval of LCP amendments by Coastal Commission
October 1, 2004,
If these tasks are not accomplished as scheduled, this Agreement, the time
for accomplishment of these tasks, and the Tolling Agreement described in Paragraph 12,
above, shall automatically be extended unless terminated by any party hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be properly
executed on the date written opposite their signatures.
Datcd: 4J ZD d,?-- MILLS LAND & WATER COMPANY
?(4
Q/Z� ✓� '
By. 0
Robert London Moore, P esident
State of California )
County of Orange )
On �'FB t2a*efore me, 7, ,Ps Q FA- , personalty appeared
gait Nuns Wd'rule arQRleer(e.g.,'Jam sae.Malary rwhr-n
/aWbyw glee 7R7R. �ersatrati owTM to me provcd to me on the basis of
NU*S)er5ipw(a)
satisfactory evidence to be the person(•s)•whose name*is/amsubscribed to the within instrument
and acknowledged to me that hetshvVM executed the same in his/l►e06ir authorized cnpacity{4as},
and that by hisAwWOteir signatures)on the in' ent the per'son(s),or the entity upon behalf of
which the person(r)aoted,executed the instni e
WITNESS my hand and oFI' al a VAN T.SPENCER
+ Cornni scion*131 WV
y Ncta+y Public- Califamis
Orange County
lure ar�vMuy Oa6re F
My Ca•rw*�.Expires„ul 19,2005
APPROVED AS TO FORM;
MILLS LAND & W ER COMPANY
By.-74t4
Arthur B. Cook
Hill, Ferrer and BurrilI,LLP
c++vFoocr4WP-7t+arorraewnrwrurj ,wW 12
** TOTAL PAGE .02 **
Dated: 5o CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
By: N`l4lll� 81/�/LJ
Mayor bra iEpbf�-
State of California )
County of Orange ) nJOt4r, Pohl ,
,
On before me, , personally appeared
t wire Ind a;e ul OlTicer g."!arc lla4\nrary Pu6hc'}
personally known tome mail @R the has Fw
Nimc(s)
to be the persons whose names) is re ubscribed to the within instrument
and acknowledged to that he/slie406xecuted the same mhis/he th�ei authorized capaciry(ies),
and that by his/her. leir ignature(s)on the instrument the person(s), or�Tle entity upon behalf of
which the person(s) acted, executed the instrument.
WIT-NESS my hand and official seal.
.q bA -J q Adl ;AA
lure of Notary Public
ATTEST: KELLY L661SE MANDiC
Commission b 1372899
QMyComrn.Expire5Sep1
Notory Public - California
orange County.2006
BV
r City Clerk /a -11 U
REVIEWED AND APPROVED:
By: Q
City Akrministrator
APPROVED AS TO FORM:
CITY OF HUNTINGTON BEACH
--
ity Attorney ( l�[p�0l'
10
CAWPDOURUNTINGTON 6EACK-MILLMSettlement Agreement.wpd 13
Dated: A '�`' �� CALIFORNIA DEPARTMENT OF
TRANSPORTATION
By: Zx"-t�-&'C�'
District Dir c br
State of California )
}
County of Orange } /
On OGl• ? Zo41- before me. � �� ✓'�personally appeared
Dille N a ig and:iI lc of OrliLer{e -."J—c Pnc.tArary Puhhc)
'Quo7— , personally known to me proved to me on the basis of
tiamelsl of Signer(s)
satisfactory evidence to be the person(s) whose name(s� subscribed to the within instrument
and acknowledged to me that h they executed the same in h-i le their authorized capacity(ies),
and that by leis ie the4r signature(&)on the instrument the person(a), or the entity upon behalf of
which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
EVANGELINA WAS ON
G _ Commisston#]24427244275
5,6nacbre oiltiolary Pcbbc Notary PuNc-Confomto
Orange County
My Comm.5pkw Dec Z M0c3
APPROVED TO FORM:
CALIFO 'IA DEPARTMENT OF TRANSPORTATION
B
C`.1VPppCS`JiUVT1tiGTDti BEACI'-_1iILLS`Sculemeaa hyre"cM. T4 14
LIST OF EXHIBITS
1. Diagram of the Property showing ownership
2. Aerial photograph of the Property and the Utt Parcel
3. Diagram showing the existing LUP/General Plan land use designations
4. Map showing the existing LIP/Zoning designations
5. Draft of proposed General Plan/LUP map
G. Draft of proposed zoning/LIP map amendment
EXHIBIT 1
CFCD
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OWNERSHIP MAPS"��s
a
(Oct. 2001) ,�, 4i�•
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EXHIBIT 2
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EXHIBIT 3
�i Mills Land and Water
1 l l Property Information
City of Huntington Beach
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adMnthPa 1 l L I LIyL LI_I Il ' { n
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General Plan Designations
Rmldenlitl pen O Spe.a Comm.rdol,Indeetsiel,end Omit, suffix.
RmiJmliN law Demily l�l Wblmd Comemt1cn Mixed Uee Density sehednte .e Aum MAI,Oo I.y
- ResJmliN Mdimn Demiry CPmm ,W Rm ,,.II d Uew,�ley
Rmidmlinl Mdium HighUrniry Pmh nensily Cads P_t1W Dmuily h olmdal Ovdry
— -- — -m,() Mi.d WeO 1,lMi.d Um Dendry7
Rrndeminlliigh Demiry shore PI US psi PdmnmQ by
Commerdel aaw Wmm Ren.ednn (ISO -my Rokmlul Mable K.Pork Ove,lry
RA 0.35 9,e Ae Plm Owhy
® C.eeiN ReVoml Pohllc m 1.0
Commneisi Vicim P4 I35
CommvNN Oemnl Idyl Public F5 130
CammerciN Neighbokmd 9eh,rPl.Hmpim).Church FA 3A
3.0
Cnmm�w om.e Imes".eumomml rg I.s(Mtl)-03S(Cy35dwm Public Works Department
F9
IO.,murwsclwiawvl (MUKS y13 d
1nd,Mlntl n Itsht.(Wm&andgu FIO IS(MU}I.5(Cy35Jwe
® Pmlwrd nmmdan FII 2.0(MM-10(cSw.
M1a ILe P13 3.
O(MD)-I. CY3swm
PIl Is1MI05(CylsWm
141
Mi.d Um r.,mmwamm�r.rv.�N...r.uu,v.,..n Sandbars
Mixed U.Holvanml s.PIWwr2001
- Mind Uw Vmiml aamu.R�W LL41li4�eslnnnwa.lenfi�Y n� n _ J_ e>
EXHIBIT 4
I'
Mills Land and Water
Property Information
City of Huntington Beach
d.i.,a o. — no,uwroi.
e e
P5
m
L
m
CC-O-CZ-F CC-0-CZ-FP2
1
A
Y ()
c,A w
s
0 400 600 Feel
0.1 0.2 Mies
I
y�
Zoning Designations
Residential Industrial Overlay Su0lzee
Rmid.inl Ap.1h n Indaauel Dmewl 4, 01 Oil Ovedgy
d l Rmidmlid Inw DemilY Irxlunriel Limild -f2 Coastal law overlay
flees Rmldcnliol Mdiwn Dmeily -PPI,-FM-M FlonApldnovmlgy
- Rmidmnel MWlum high Demity Open Space
Monufeclortd l lome lln OdFi Cmelgl Coneeonlion
Commercial
[a m W Shoune Sabdimim Pubk;Works Department[ N�'
Cmmmecinl Vieilar / — _m I Specific Plen Dmgneli. /Aft '— — }-n
"_
HBOB
� Right of Woye,Rndgm,CM1nnneb blabs=WI
EXHIBIT 5
r
lls band and Water
r. _. NE Rs
�.',t� a
Property 31Jfort89�Y.t1®n
i. d
•&
'u � f.�F Jr � � lmrre Q'.
,•. City of Huntington Beach
-71
OOn0elefOr.
1 a
Tx tw
y
)Y
+ 4
Hook Or.
Hamilto
l �
t �
srt
�tJ+srtttt +Ftst F t { y \
:,yt trs s'+ itt
stt rs�issss : + ti +
r(Y r a,
S itt 9 5 „ t \ $ t k Y..,.t tY x j•�1 E }.t 1 \ 4� }'� t -.
;wtJi,t! t+. sTr L{ir i s '> s� ✓- e t � z!. .t ti".0.,t t',.. :� ,.
rltrsrttrt tsrst�YtsGttik r{t t y t i i h >.1
.S tt tr+i tl tr+ t 5 r :• 1 -
f r ri¢trt t{ trt �:� v to '° > t >. 4•.:� a
b
t T7�rsr: sr r t.tr trtr: - x+F Ft
it r ss:5�stt xJt
ssri{ �`srsk tars M1 tart k,., „ �•,.. ,ra C ,+;k ti1;+M ;: Y � r
r i• IFrtrrs f W s;
tlttr;rttl<t. {Stittrt +r4rr+•r n_' to 3 :; i it-jA t z ,> i S !
sJ+s.Ls.trsr rtTitT�j srssrl ttirs �»o- �t lC r. r! +'yr+ ���h-rr {� �
r rirsrt s 'sr r r -
slsf rW sJLr tors sts{+s+. t t r_k ti rr �. ,fit rs k.. T�,• \ S.
.rt 4rt i rFtrlt FS SFL 1tl tr t t {t+ 4t - S t.•. t 'p,. !� _.
rt rt wt•sJ rtrfi•Y,�+t p t r1t t +Kv. - � _ } 'tt f ',u s 5 +t t r r4sJfiftst+sJtsJtstttrtsrt`s Isrttrtt "t s Sc x �s �' �,.r �-�m'rr x r,x., at y i
tl F tt JS SIS21ft t 1 17M1 ) '! r�t 3.J L >X i +'"
r•• rt t+! rir rsrlr
'µ`{.ttr}icr Tri f+yrisessittsrit t+s tYrs •� •. �� x td r x _ !t F,i y, �.4 t
C• tt its st F trsrt fs tFizt _ � s t Y S � �� rzk
r' `{.1 't trsJ rirL yLrit trtt .,� a ! .• a k ,e a ♦-' '(
t
t tr rt stsrtrtrsrs�� rtrs Z + � y- r f
t tlr Sitlq{ttlrt+itirtiisj�{its +fist: r f - \ ,'f i�; Y� o,
+ 1 n4 t in tt tr}t n1 4t"`�% refs �yY}�4 d• - 1 \
t jttl.ttM1tl trSTttitliS+SL��ttrltl
yts
t)tttt rM1rirlft 1tr.
!` - i r• tit)
+ sty tj5rlt�flt+rt�fSJr+7fN+Stt trrt{,ft ii' h A ii 'r S � � 22 :t
t t•lil l t4 t t'rtSJ f+ I;r r i �f 'f4. E \ 5
tinsrlrsr�srt st Itet I ( 3.� + d �.
:ir SJssr rtrJlJ�r>yrryt�Jrt r'+rtt§4 A3� r'i rr �; t 4� o-Y3 r 3 r N,
't,trsstr++r fsrtrwt`s'. rte 'rt•f � t t w� � :
0 400 800 Feet z trs?tr.tstr�trt+isi'e i n+i' T i i
4T rsr itr+tsrtr r ri M1rtz F U x g. \ J
�' 4 t tr}tr IL{t St+t tt_ s'r•t+ 4 ..
4r.rt t tr+Js7+.trtlrsr+:'rtrs
JSt+rSJrtrt7StSl5 ftfL tr S �. Y
.r�,ttr+tiris rsrrirtattyi•rS t�&i
0 0.1 0.2 Miles tfwwtrsrrtrt rlt� rtrtr a
t t t;tr'tttr Jt rtrs�i7t trs t '� l't
resittr�srii+es rtfT+isrtr�Fis �rtrs } _:, } �1 \ t.�
Q ±i;irAr fts{MJsftirtitTisisr+rtiNttr s s� 7 Y -.
�•, 5 i Trt�irttfttrtttt+�ttrrtltt;rir St.1F t L 1 -1 t +� ^c y
�•. tts?srsvr't1rTr t�srsrttrtt'tsislr j rlFttit t i � 2� + ' _, s
+rtr s t! t +ftttFSfstt srktl ! d
tSr+ltiF+r rt in t s{trot rsr
ir!irrtirsir?s�ti.+�t+ir�Jtth s?�iTstir<... r
General Plan Designaflons
Residential Open space Commerdal,Iedustrial,and artly satfi:es
;wl Residential LowDemity Iaic1 wedandComantlan Mixed Use Density se(sednle .a AW.VlsnictOvahy
,! ; WdentialMed!=Density '� commercialRe.dm d OmitOvauy
Density Code Permitted Density A Ristaical Ove4y
Residential Med uza W Density PFFj Pat — — mm() bresed Use Overlay(Mlsed Use Density)
RetddndalR'rghDensity ;Air1 Shore Fl 03S pd PedeadoOvm*
CommercialWataReereatioo P2 OSO •nM RaWandW Mo60a Rome Pak 0-dw
F2A 01.73 Specific PLanOvc&Y
CommaoialRegionsl Pah1lC F3 to
Co==cw Visitor _— R 1.25
®® Co®acialOeaenl f • i Public Office 1.50 20
CommeteialNeighbodiaod ;��; Soboal,Rapitel,CMaeh
Commfce caode''mc+"�"� FFSS LS aciat (MU)03S(c)an dc/sc Public Works Depu=cnt
Industrial C Ri tofwayadc Bridges Flo t.5NU)•OS(C}J25dnfae
1.5 OM)-is(CyIS du/an �+r
IR Tedostdal ® Peoposed Ancasdan Ft 2.0 IM )62.0(C)aS du/ac j...
(O_*.eddaCLtft.dm
KxedUs i F13 130J>.0JR lSdn/ae
I_*s1 Wcad Use ►..emmoe�.t��s.xtp.rwn��.eemma fm cc
tor, trtbcedUaeRoe¢ontat -7hvsbtgt�saTusal..emr�arotetselsra.,� Saptemba2001
ta6Wbl7YW lU4)tr4trdOrID�md6rCssY Tla �p
eL�i7 llroted Use Vertical
EXHIBIT 6
R - N iUs sand and'Water
= s ;
r m
r Propel Information
Sm,e Dr. —
j I City of Huntington Beach
,i
B�srrJrirJrOS• - Donator Dr.
' d QICI .91DT�
mrTr t�
nano or.
Cc - —
m
r
� l• - Sm Hook Dr._
r Hamilto
CC O CZ F CC=O CZ=FP2
F
-
!tL
lf:tltfrt j}j4r titlt 9_l 4 1 f
Pr
`ft?tJtltt/rtit SIttY � � -'r ( "r-t•,•.I ! t ti!f I t
t.trtiy+tJ t4hJYr tjr.+rJt ;�� f'
Yr:rtrLnit tJ,r{rt+ tJt ,o• Z
tJw ttsl t+trtrt t 1 s
titrirlJ\ririrtt rt;t! t 1 sr L r .) ..
I ? 1ttl try?4J1+4-r1t J J Jt � , �
f1+1+r 9+J5+++4ti1,4trtlJJTrtt r Sr tins ' t ,r Y�
trlJtrtttrl"rL;trLJt t 4;t fi - _ r -
.... r tt Jt`ttt'ttR rttjt17 st+tr t+sra :lt �\
v () r Jtrtr\rtrt+tJL SsrU lr --
C +rirr`tiJtl stry�itJ✓°+irit t tiJ1;rt t t= a
:t tt¢;tiYttµst�t Lsct�tf4i•+ysitrL ., � F �:.� ;d
�•wK.
rt tti rttt trt Yr Yri J J1J l`,
J.r�l t;Lett ltSSJ St:Jtl
t'I� tt.•tttlSrtJlt Stlr4JL t1JYt. -+y L
-
-rtytrtryrt tr rim! trLJ lrtri °•` � .
J\+ \r: s+srt YJ\test ryryJ ,�� -
- tr+; ti,�1J trrtrrtrJ tllrrltrL+ r+srrtl t T '' l e
ttr Lt J}rtttt�ttrt},
S S S stJ t j}ftttrtsr tj:tr t�tt�lr 4 ttl Lyt♦ iyh
iJtt•tJtt Srt?tr L+trY+trY +Sr1+ ' . -�
,t1�tJrtt+.r i;t��j tlr ter LJJ lJJtt t+�ryr l t�l+ Ott'
••lrL, i}r\Strtt\lirtri{ttitt+5t+ttt
5'tri'Stt + L74't
0 400 800 Feet :r3:=si t�rtiii i s�trrsitisitst t;Jti t n i
•tJtJlr4tyJltt+lrtr JSJ. t�1r •_�•�
r,•,isrtr,r4tttJ\NJt r} t
. r4l1 t+trtrilt t tt4•t+t
�,r\r}rt JLrLJtt\rir•riri;
Lrs dr0rtits�sitiLtisti$rsi s t
0 0.1 0.2 Miles iiJtisitsHiitilsitrJtiiitrtiL risrst
. --- -- 4 tt 1�+t1 9l LLJ+StJ t�+S+tLtrJ ttt11l1 ttr rttJ�• ai�i' _-:
..tie rttt.tJ4rtrs+�trtJtitJt ri r i
+r trtr\r r\Jtrtr J}J};tJt.. tiiSr is
S L�l4FtttsJ t tr\Itttttllttt t}:t L.'tS:ttLr•
tl tirtJlJtt:l J,Lrtrt?tryry t 'lsf ,.f.
trtttf ittl lSttt•r;lt! r S
rtT 174r+t+yl Sly rt J5.lti rt -J t t
� f ttlltl\ttJ tJ�.1 J1Jl4 r}r. ;r1t
t,tt4 ty syr yr Ltrt�:ttf tI}�)•S�tt� t t:;..• _ L
tirt•.tJLl1 J\tt J4. ♦ .
Zoning Designations
Residential Industrial Overlay SWTIxes
MM Residential Agriculture Industrial General .0,-0I Oil Overlay
rr 1 Residential Low Density nic Industrial Limited -CZ Coastal Zone Overlay
rR] Residential Medium Density -FP 1,-FP2,.FP3 Floodpsain Overlay
UR Residential Medium High Density
Open Space
wmr Manufactured Home Park
FZF1 Coastal Conservation
Shoreline Subdistrict public Works Department
Commercial
fro. Commercial Visitor _V
Q Specific Plan Designations
FIB C[S
Rightof Ways,Bridges,Channels
OeWha7A01
0. tina\ �P� ap
;4 CITY OF HUNTINGTON B
MEETING DATE: JANUARY 21, 2003 DEPARTMENT ID NUMBER: PL03-03
Council/Agency Meeting Held:
Deferred/Continued to:
/P(Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re
Council Meeting Date: JANUARY 21, 2003 Department ID Number: PL03-03
CITY OF HUNTINGTON BEACH W
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
6- x
SUBMITTED BY: RAY SILVER, City Administrator Q1v
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE PLANNING DEPARTMENT BUDGET AMENDMENTS TO
COVER THE COSTS ASSOCIATED WITH PROCESSING MILLS
LAND & WATER ZONING ENTITLEMENTS
1[statw,nt of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request from the Planning Department to amend its
budget by appropriating additional funds ($300,000) to the Professional Services account for
services related to processing zoning entitlements, engineering documents, and associated
environmental studies as prescribed in the Mills Land & Water Settlement Agreement.
Funding Source:
Unreserved General Fund in the amount of$300,000.
Recommended Action:
Motion to:
1. "Amend the Planning Department's budget by appropriating $300,000 from the
Unreserved General Fund, account number 100.31.100.1999, to be distributed to the
Professional Services account"
Alternative Action(s):
PL03-03 118/2003 3:37 PM
REQUEST FOR ACTION
MEETING DATE: JANUARY 21, 2003 DEPARTMENT ID NUMBER: PL.03-03
The City Council may make the following alternative motion(s):
1. "Deny the request to amend the Planning Department's budget."
2. "Continue the item and direct staff accordingly."
Analysis:
A. REQUEST
The request is to amend the Planning Department's budget by appropriating additional funds
($300,000) to the Professional Services account for services related to processing zoning
entitlements, engineering documents, and associated environmental studies as prescribed in
the Mills Land & Water Settlement Agreement.
B. BACKGROUND
In November, 2002, the City Council approved a settlement agreement with Mills Land &
Water that established a process for settlement of a long-standing dispute over the future
use of 51 acres of property between Beach Blvd. and Newland Street, north of Pacific Coast
Highway. One of the requirements of the agreement is that the City will process a general
plan amendment, zoning map amendment, local coastal program amendment, development
agreement, and environmental assessment for portions of the subject property and seek
approval by the City Council by October 31, 2003. In addition, the City will credit Mills Land
& Water up to $300,000 in application processing fees, including environmental and
technical reports. In order to meet the requirements prescribed by the settlement
agreement, consultants are necessary to perform the environment reports and technical
documents.
The Planning Department did not anticipate these expenditures in September 2002 when
the 2002/2003 budget was approved. Therefore, this budget amendment is necessary to
ensure adequate funding during the fiscal year to comply with the requirements of the Mills
Land & Water Settlement Agreement.
PL03-03 4- 1I812003 3:37 PM
a
REQUEST FOR ACTION
MEETING DATE: JANUARY 21, 2003 DEPARTMENT ID NUMBER: PL03-03
C. BENEFIT OF APPROVAL
By approving the amendment the City will be able to process the necessary zoning
entitlements by October 2003 as stipulated in the Mills Land & Water Settlement Agreement.
D. IMPACT OF DENIAL
The denial of the request means that the Planning Department would not be able to comply
with the Mills Land & Water Settlement Agreement.
E. COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF
GENERALFUNDS
As adopted by the City Council in March 1998, all requests for appropriation of general funds
must meet one of the following criteria; 1) The request is for an unanticipated emergency, 2)
The request is required to implement labor negotiations, or 3) The request will be offset by
related new revenues.
The new appropriation requested is an unanticipated emergency in that these funds were not
reflected in the current adopted fiscal year budget as anticipated, thereby creating an
unanticipated shortage in funding.
AttachmentU:
City Clerk's
Page Number No. Description
1 Fiscal Impact Statement
RCA Author: Scott Hess
PL03-03 -4- 11812003 3:37 PM
ATTACHMENT # 1
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director Of Administrative Services
Subject: FIS 2003-17 Planning Department Budget Amendments
Date: January 9, 2003
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Planning Department Budget Amendments".
If the City Council approves this request (total appropriation
$300,000) the estimated unappropriated, undesignated General
Fund Balance will be reduced to $7,811,000 at September 30, 2003.
Clay Martin
Director-Q dministrative Services
•
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: PLANNING DEPARTMENT BUDGET AMENDMENTS
COUNCIL MEETING DATE: January 21 , 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by Cit Attome Not Applicable
Certificates of Insurance (Approved by the City Attome Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Attached
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not A licable
—i
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff -�
Assistant City Administrator Initial
City Administrator (initial) F1
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Belowp. For Only)
RCA Author: HZ:SH:BZ:rl