HomeMy WebLinkAboutORANGE COUNTY - 1990-06-18 ti
REQUES f FOR CITY COUNCIL- ACTION
Date June 18, 1990
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by: James W. Palin, Deputy City Administrator
APPROVED BY CITY COUNCIL
Subject: CITY/COUNTY MOA ON THE BOLSA CHI
PLANNING PROCESS - 19�®
Consistent with Council Policy? [ ] Yes [ ] New Policy or Except -ti ciTY cLERg
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The County has requested that the City enter into an agreement briefly defining
responsibilities in the planning process for the Bolsa Chica area in acknowledging the
City's lead agency role for the LCP and joint EIR/EIS activities.
RECOMMENDATION:
Approve the attached MOA with the County defining responsibilities in the planning
process for the Bolsa Chica.
ANALYSIS:
For the City to pursue the lead agency role for the LCP and joint EIR/EIS for the Bolsa
Chica, as the property is uninhabited and unincorporated, it is necessary for the City to
have an official action by the County for this transfer of roles on the LCP to take place
prior to and concurrently with, as a parallel action, annexation of the property. While
performing the prior planning effort on the Bolsa Chica by the County, several planning
issues emerged as having regional significance including the Master Plan of
Transportation/Circulation system, Flood Control Facilities, the Bolsa Chica Linear
Regional Park and the Wetlands Restoration Planning. The County still retains interest in
these areas and have requested that we enter into this agreement spelling out their
responsibilities on these regional issues within Bolsa Chica. The agreement also sets forth
the procedure that the City will use in acknowledging these regional issues in the
preparation of the LCP and joint EIR/EIS document for the area in cooperation with the
County.
It should also be noted that Signal Landmark has submitted to the City some informal
written comments on the MOA. However, they were filed after the agreement was posted
for the Board of Supervisor's June 5, 1990 meeting, and City staff is not, at this time,
recommending these items be amended into the MOA. Staff feels that these amendments
can be incorporated into the development agreement that is proposed to be entered into
between Signal Landmark and the City concurrently with the annexation actions pending
for the area. Signal felt that their responsibilities on transportation, flood control, and
the wetlands restoration should have been acknowledged in the MOA between the County
and the City, however, as stated above these items would more appropriately be within an
agreement between Signal and City.
Pin 5/85 f`
RCA—MOA
Bolsa Chica
Page 2
ALTERNATIVES
1. Do not approve the MOA and instruct staff to make specific amendments on the
provisions contained therein.
2. Do not approve the MOA, and instruct staff to notify the County that the City elects
not to enter into an MOA.
FUNDING SOURCE:
Reimbursement agreement with Signal Landmark for all City expense incurred in the lead
agency role for the efforts on all tasks associated with the annexation LCP preparation.
ATTACHMENTS
1. MOA approved by the Board of Supervisors on June 5, 1990.
2. Copy of Letter from Coastal Commission Counsel dated March 9, 1990
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BOARD OF SUPERVISORo
ORANGE COUNTY, CALIFORNIA MINUTES June 5, 1990
MEMORANDUM OF AGREEMENT WITH THE CITY OF HUNTINGTON BEACH DEFINING
RESPONSIBILITIES IN THE PLANNING PROCESS FOR THE BOLSA CHICA AREA:
Environmental Management Agency requests approval of an agreement
defining responsibilities in the planning process for the Bolsa Chica
area.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez,
the Board authorized execution of the Memorandum of Agreement with the
City of Huntington Beach. MOTION UNANIMOUSLY CARRIED.
STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Govemor
CALIFORNIA COASTAL COMMISSION R E C E P D
631 HOWARD STREET, 4TH FLOOR
SAN FRANCISCO, CA 94105 '
(415) 543-8555 MAP, 1 1990
Office of Zorr?
March 9, 1990 r.
Lucetta Dunn, Esq. d
Acting General Counsel
Signal Landmark
17890 Skypark Circle
Irvine, CA 92714
Dear Lucy:
I am responding to your letter of February 20, 1990, in which you asked
for our reaction to your proposal that the City of Huntington Beach request
that the Commission certify a land use plan or local coastal plan for Bolsa
Chica prior to annexation of the property into the City.
Although the Coastal Act is silent with respect to the question you
have posed, the Commission's regulations address the question indirectly.
Section 13511 (c)(1 ) of Title 14 of the California Code of Regulations
authorizes a local government to include in its land use plan various
general plan elements, which include an element for area outside the local
government's jurisdiction. The regulation references Government Code
section 65301 (a) , which authorizes a local government to include in its
general plan "such . . . territory outside its boundaries which in its
judgment bears relation to its planning . . . . " Although the cited
Government Code section does not expressly address a local government's
annexation plans, section 65301 (a) would appear to allow a local government
to include its annexation plans in .its general plan. Thus, I conclude that
the city of Huntington Beach may submit a land use plan for Bolsa Chica
prior to annexation.
The Commission 's regulations authorize a city to incorporate its
prezoning ordinances in its LCP. Section 13511 (c)(2) defines the scope of
zoning ordinances that may be incorporated. It includes ordinances adopted
pursuant to Government Code section 65859, which authorizes a city to
prezone "unincorporated territory adjoining the city for the purpose of
determining the zoning that will apply to such property in the event of
subsequent annexation to the city. . . . " Additionally, as you have noted in
your letter, section 13554 references certification by the Commission of
pre-annexation zoning.
If the Commission certifies the LUP or LCP, the certified plan would
not become effective until annexation. At the time the City of Huntington
Beach submits the plan to the Coastal Commission, the City should make
Lucetta Dunn, Esq.
March 9, 1990
Page 2
clear in the resolution it submits pursuant to section 13518 that it wishes
the plan to become effective either automatically upon Commission approval
in the event that annexation has already occurred, upon annexation in the
event that the Commission's approval predates annexation or upon formal
local adoption after both Commission approval and annexation have occurred.
I understand that the Commission has previously accepted some
pre-annexation submissions, but has advised local governments to wait to
submit them until they submit the annexation request to the Local Agency
Formation Commission. We intend to recommend that the City follow that
practice in this instance.
Very truly yours,
DOROTHY F. DICKEY
Staff Counsel
cc: Jim Palen, City of Huntington Beach
0475(3)
'r
t r
MEMORANDUM OF AGREEMENT
BETWEEN THE COUNTY OF ORANGE
AND
CITY OF HUNTINGTON BEACH
DEFINING RESPONSIBILITIES IN THE PLANNING PROCESS FOR
BOLSA CHICA
This Memorandum of Agreement (MOA) is entered into this J-rk day of
J-um57 , 1990 by and between the City of Huntington Beach and the County of
Orange.
RECITALS
1. Bolsa Chica is an area of land of approximately 1,600 acres located
within the coastal zone of the northwestern section of unincorporated
Orange County.
2. The Bolsa Chica area is within the City of Huntington Beach Sphere of
Influence.
3. The City of Huntington Beach also has"jurisdiction over the Bolsa
Chica State Beach.
4. On April 16, 1990 the City of Huntington Beach City Council voted to
commence annexation proceedings for the Bolsa Chica area.
5. Upon annexation the City of Huntington Beach has responsibility to
complete a Local Coastal Program (LCP) for Bolsa Chica for
certification by the California Coastal Commission, pursuant to the
California Coastal Act, California Public Resources Code § 30000 et
sec . , as part of its Coastal Act responsibilities.
6. The County of Orange has undertaken Bolsa Chica land use planning
since approximately 1964. During that time, several planning issues
emerged as having regional significance including a master plan for a
transportation/circulation system, flood control facilities, the
Bolsa Chica Linear Regional Park and wetlands restoration planning.
7. The Master Plan of Arterial Highways addresses the County's and the
region's infrastructure needs. The County addresses transportation/
circulation needs through its General Planning efforts; specifically,
the adoption and implementation of the Transportation Element Master
Plan of Arterial Highways.
8. Flood control facilities planning addresses a major component of the
County's and the region's infrastructure needs. The East Garden
Grove-Wintersburg Flood Control Channel is a regional link in the
flood control facilities master plan. The County strives to improve
the East Garden Grove-Wintersburg Flood Control Channel to provide
100-year flood protection, sediment and water quality control.
-1- ATTACHMENT 1
9. In 1977 the County, in response to a proposal by the City of
Huntington Beach, completed a feasibility study for a Linear Regional
Park in Bolsa Chica which would connect Huntington Central Park, the
Department of Fish and Game Ecological Reserve and Bolsa Chica State
Beach. It was conceptually proposed to extend along the Huntington
Mesa, across the lowland to, and possibly along, Bolsa Chica Mesa.
In 1985 the County conducted the Bolsa Chica Linear Regional Park
Boundary Study. The County is currently undertaking a General
Development Plan for the Linear Regional Park. The Bolsa Chica
Linear Regional Park was dedicated February 15, 1990.
10. In November 1988 the Bolsa Chica Planning Coalition (BCPC) was formed
to explore alternatives which would facilitate certification of an
LCP for Bolsa Chica. The members of the BCPC include the County of
Orange, the City of Huntington Beach, the State Lands Commission, the
Amigos de Bolsa Chica, and the major private landowner, Signal
Landmark.
11. The County recognizes that the Bolsa Chica Planning Coalition Concept
Plan provides for the restoration, creation, and/or preservation of
1,104.9 acres of wetlands, open space, and environmentally sensitive
habitat areas (ESHAs). The County considers this designated
wetlands/open space/ESHAs as a valuable regional resource and intends
to actively participate in planning for wetland enhancement.
AGREEMENT
In consideration of the foregoing recitals, the parties agree to:
1. Facilitate the expeditious transition of Bolsa Chica LCP planning
from the County to the City.
A. ° The County and City recognize the need for continued
information sharing with the Bolsa Chica Planning Coalition.
° The County will provide assistance to the City for 120-180 day
period commencing June 18, 1990 to jointly organize, schedule,
convene and operate BCPC staff meetings, Executive Committee
meetings, and support group meetings.
° No later than 180 days after June 18, 1990 the City and County
will establish a program for the orderly transition of all
responsibilities to organize, schedule, convene and operate
BCPC meetings.
B. ° The County will continue to fully participate in the BCPC,
through its existing membership until the LCP is certified by
the California Coastal Commission.
° To that end, the County will actively work in the development
of components addressing transportation/circulation, flood
control facilities, the Linear Regional Park, and wetlands
restoration planning.
-2- ATTACHMENT 1
C. ° The County will provide assistance to the City for 120-180 day
period commencing June 18, 1990 to jointly organize, schedule,
convene, and operate Citizens Advisory Committee meetings.
° No later than 180 days after June 18, 1990 the City shall
fully assume all responsibilities to organize, schedule,
convene and operate Citizens Advisory Committee meetings,
except for the Linear Regional Park Citizens Advisory
Committee.
2. Maintain a cooperative working relationship during this transition
period and into the future. The City and County will establish
communications to keep one another advised at all times and at the
earliest possible date regarding matters which may arise. The City
and County contacts during this transition period are:
City of Huntington Beach: County of Orange:
Jim Palin (536-5275) Ron Tippets (834-5394)
Mike Adams (536-5276) Rhonda Evans (834-5391)
3. Recognize and address regionally significant items set forth in this
Memorandum of Agreement especially with respect to transportation/
circulation planning, the provision of flood control facilities, the
Linear Regional Park, and wetlands restoration planning efforts. The
City of Huntington Beach LCP will address these regional items and
acknowledge the following commitments:
A. TRANSPORTATION/CIRCULATION:
° The County will continue HOCTAM modeling study with the
assistance of the City through its completion. The County
will then convey it to the City for incorporation into the LCP
and for use by the City in analyzing other projects within the
City.
° The City will secure, through dedications and/or development
project approvals, right-of-way and construction for all
public roads planned within the Bolsa Chica. Once
constructed, the City will assume maintenance of all such
roads.
B. FLOOD CONTROL:
° The "Project Report and Inundation Study for the East Garden
Grove-Wintersburg Channel (Facility .005) and Ocean View
Channel (Facility C06) Including Haster and West Street
Retarding Basins" is currently being prepared by the Orange
County Flood Control District.
-3- ATTACHMENT 1
° The City will require as a part of LCP conditions and
development project approvals, dedication of a flood control
easement and construction of flood control facilities by land
owners/project applicants to contain a 100-year storm event
within the Bolsa Chica study area boundary.
° The County will accept a flood control easement and
maintenance responsibility for constructed flood control
facilities.
C. LINEAR REGIONAL PARK:
° The County will complete the Linear Regional Park General
Development Plan (GDP) in close cooperation with the City,
coordinating said plan with the City's LCP.
° The City will coordinate its LCP with County's GDP,
recognizing that land for the County park is envisioned to be
obtained at least in part by dedication in conjunction with
development approvals.
° The City and County shall establish a cooperative design
review process for development projects adjacent to the Linear
Regional Park.
D. WETLAND RESTORATION:
° The County will maintain a lead role regarding the receipt and
implementation of the California Coastal Conservancy wetlands
restoration report.
° The County will be responsible for inter-agency coordination
and citizens/public review and participation for wetlands
restoration planning currently underway by California Coastal
Conservancy.
° The City's LCP will recognize the Coastal Conservancy's
wetlands effort.
° The City will include the selected wetlands restoration plan
and alternatives in its EIR proposed for the City's LCP.
RESERVATION OF AUTHORITY
1. The parties to this MOA further agree to take whatever steps they may
deem necessary, including additional agreements or amendment to this
MOA, in order to fulfill the purpose of this MOA.
2. Notwithstanding any other provision of this document, it is
specifically understood by the parties that this is neither a
contractual agreement nor a delegation or modification of their
respective responsibilities under applicable provisions of law.
-4- ATTACHMENT 1
AMENDMENT AND TERMINATION
This MOA may be amended at any time in writing by agreement of the undersigned
parties to this MOA. Either party may, upon written notification of 60 days to
the other party, withdraw from the MOA effectively terminating that party's
participation in the MOA.
COUNTERPARTS
This MOA may be executed in counterparts, each of which shall be deemed an
original, but all of which, taken together, shall constitute one and the same
instrument.
THEREFORE, the parties hereto have caused this MOA to be duly executed on the
respective dates set forth opposite their signature.
-5- ATTACHMENT 1
CITY OF HUNTINGTON BEACH:
Date: By
By
fTomTiays
Mayor
ATTEST:
Date: �p12Z/Gj()
City Clerk
APPROVED:
Date: a a
Vhael T. Uberuaga
City Administrator
APPROVED AS TO FORM:
Date:
Gail Hutton
City Attorney
COUNTY OF ORANGE:
Date: w"' 5 ��I90 By
Chairman, Board of upervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD:
Date: 5, l q0 BY �&.90e
Linda D. Ruth `
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM:
ADRIAN K YPER, COUNSEL
ORANGE UNT CALIFORNIA
BY
/ep` �
Attachment: Exhibit
RME:eo/mg(COA)0050922003019 -6-
CITY OF HUNTINGTON BEACH:
Date:. By
Tom Hafs
Mayor
ATTEST:
Date:
City Clerk
APPROVED:
Date:
MIfae-1 T. Uberuaga v
City Administrator
APPROVED A 0 FORM:
Date:
` Gail Hutton
City Attorney
COUNTY OF ORANGE:
Date: By
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD:
Date: By
Linda D. Ruth
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM:
ADRIAN K PER, COUNSEL
ORANGE UNT .:, CALIFORNIA
By
Dentvtl
Attachment: Exhibit
RME:eo/mg(COA)0050922003019 -6-
RESIDENTIAL DENSITIES � n`.-
UP TO 6.5 UNITS PER ACRE 165.6 ac. tyd `•` +� /^` �/ F ~ r` V,
UP TO 125 UNITS PER ACRE 60.7 ac. Q
UP TO180UNITS PER ACRE 210.7 ac. SA��ti ,�1s6�n 1
co,` J. I + /,�_ CITYOI= -�1�1
ACREAGE SUMMARY �srC
FLOOD CONTROL CHANNEL 96�t /����`yg{ � �� 1�` _ ' .HUNTINGTON BEACH
LAND USE TYPE ACRES r1p , �y}\L1.\11" j=,�Q —
SCPC CONCEPT PLAN t�"''p+.�t� /Y� it -no=G'o >_� +�--�� �.,• COMPANY
Residential a12 3 6- ttNn°4°°°�.%u
WellandIESHAIOpen Space 1,10a 9 M W p �t ' / ,o o"W!tm
Linear ParWESHA 50 9 Cq b
Roadways 137 1,5, �Yy.;,�,� T, —
Flood Control Channel_ 13.z }v 1 bs�9 or�S;%.. �b`�gpaY�j;i% ;�p,' LINEAR REGIONAL
Subtotal 1.635.0 1;• 1 f Jf�r ' 1 tl�ErrnFl� �r>�rr U. , �y.,, �; . Ff C� r; V.rA 1r o\. - �==-,� ,PARK / ESHA
:h. '� M\L I`•?i�. l'1 �..y`�. r..r� fllr�
190
�p •'tit .L. J r. -Lt<}U.V-�rj LRx[��' � .1 --' .'l
SPILCP MODIFICATIONS �• ^ Y, ;`�b<t;�Q. vhVa' ,.,2 �, h :c: -,a'°dnd 8llg '"-� _-�_ ::t•:.
Residential 24.7 " "♦`'`: -
_.t-
OutParcels 102 .v�
Redubn Mesa Streets 3 9 ! p i 4'.�1r�: i+` i< .` •+�?•'`.���Q _ :: ==z_ I•
Hurd Beach Co Property3 5 '. /....
Map Aombnrrrd I.7 OUT
ON�eV���'
ct
wneand•ESHA/Open Space 45 llnero Prole 192 PARCELS ' ROS S GAP C
,yL�p _ -- - GARFIELD
Roadways '`
Reduction Mesa Streets <9.3> 17.7 5'MSL
Padlk Coast Highway 27.0 - - �_-__�__s-sz- -�_.r—•=,- -_-�_ <
Flood Cantrd Channel - - -- _ ` '
AdlustMnt <0.1> _ - _"?r`—- =a�"= ""-'t`--�= �z=_—��` - - � (MEAN SEA LEVEL)
wise CNce State Beach 2460 ., all. --��_-_�-��..T_ z-,¢_=a- �.-_`_� -�_
Subtotal 311.7 Y'\�u �.- '.'=.c-��_ - -_ -..:_-�-� -y—sic-�c.•---�-�-�.C=��
TOTAL 1.9467 _
TLAND_S / E5H/1/ OLEd_SPNCE__ _ =3
-• \�`.\ .\MESA-
—
\` FLANNEL 1 V'-•- ='r--c s_�'.�— _��—.`—ec—,r=.�1�_ =s -- �c'-z�Jn..�__
i
-:BE REMQY
i :•,.\�/� L_ �� _ -_ .�_'�.- -����_�'_..�.�.a=-�^`-:'Cam.-a -°'---a-a-=.c=.W-�-_-' _ .
_' _.--. '- ` I -��a` --�_`�.`��� -=+r-=.r=_�_�"•�r- - -__'��_''fig==
__�.--�
-LINEAR
-•r '-r .yam s-� �- - —— - ��-_--r .•--�-ate
n
REGIONAL PARK
/ ESHA
•�3IL,« -_ __ '__,�; _, :k?>- -ice J _ I?s s... �a.Tt` - -: iauw:» ;y—_ - - - - -,._ _-PACtEt ,�OAST.HIGH AY_`
StRf ZONE. TJAL:NON- SURF Z N --- SURFZONE ,
NAVIGABLE OCEAN
ESA_CONNECTOR-_ CONNECTION __���STING RESTORED WETLANDS
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