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Robert L. Mayer - 1988-06-22 (5)
i r DR. AFC' JUL 2 8 1988 Lift LIS(:dISSION PUR -Fq ONLY Estates II : (aa) Qualification for relocation to Ocean View Estates II will first be granted to those Tenants who apply in writing , for this relocation at the time the Tenant exrrutes this Agreement . If the number of these applications exceeds the number of spact::z remaining , then the selection will be from this group and detazmiiied by lot . (bt Its the event the first group of applicants do not occupy all available spaces at Ocean View Estates II , then those Tenants who apply , in writing , for relocation to Ocean View Estates It within thirty ( 30 ) days after receipt of their Notice of Appraised Value , will next be qualified for thin relocation benefit. if the number of these applicants exceeds the number of remaining spaces , selection among ::his second group will be determined by lot . ( cc) In the event the first two (2) groups of applicants do not occupy all available spaces at Ocean View Estates II , then those Tenants who apply, in writing , for relocation to Ocean View EstatUi II , within thirty ( 30 ) days after receipt of written notice from the Agency of its intent to proceed with the construction of any Post Conversion Phase A, will next be qualified for this relocation benefit . If the number of these appl! ce:nts exceeds the number of remaining spaces , selection among this t-.hi.rd group will be determined by lot . ( dd ) if more then one hundred forty- five ( 145) Tenants elect to be relocated to Ocean View Estates I and Ocean View Estates II , then the Tenants electing this Option 5 , but who are not selected , may elect to: ( 1 ) Sell their Mobiiehome to the Agency for the Agreed Value as other Phase 11 Tenants electing Option 3 Above - Right to Sell their Mobiiehome ; or ( 2) If their space is not required to be vacant for the completion of the Conversion Phase about to be commenced , then they may remain in the Park and receive the same benefits as Phase II Tenants electing Option 2-Lianited Right to Remain; or ( .3 ) Select one of the other Relocation Assistance 9ene;its as defined in Section Vill hereof ; or ( 4 ) Select mobilehome park space within a seventy-five ( 75 ) mile radius of the City and be entitled to the same benefits afforded Phase I Tenants under Section V. E. Z . (r) , except that these Tenants will not be entitled to relocation within the park, dh:ean View Estates t or Ocean View Estates it locations . If no space is available within the City -22- OWN& i 1 ' J U L 2 8 198? DRAFT POR DLSf1I SSMON P'[JRPCM S ONLY for this purpose , because of the age of a certain Tenant ' s Mobilehome then the Agency shall purchase a new mobilehome for that Tenant and relocate same to new park of Tenant ' s choice , within that radius , in the same manner as stated in Section V , E.2( c) . (vii ) Space Selection : Specific space assignments within Ocean View Estates it will be made by the Buyout Committees using the guideline that each Tenant selected will be placed on a space (as nearly as possible ) comparable to the location of the space presently occupied by the Tenant at the Park. (v iii ) Purchase of new mobilehome: In the event that a Mobilehome is not relocatable , as determined by the Agency, the Agency shall purchase in Tenants name and deliver to Ocean View Estates II , at Agency cost and expense , a new, unused substitute mobilehomer substantially equivalent in size , utility and duality as Tenant ' s existing Mobilehome . Agency shall i° consult with each Tenant and cooperate to attain Tenant ' s reasonable preference with regard to style and floorplan of th,3 su►;�,titute mobilehome . Should a Tenant desire a larger or up. �?'ed substitute mobilehome , the Tenant shall be required to pay the additional cost attributable to the upgrade . ( ix ) In the event that Tenant does not notify the Agency , in writing , of his/her t•.election of. this Optioi: within the allowed time frame, the Tenant will be deemed to have waived the election to be relocated to Ocean View Estates II and this Option will no longer be available to that Tenant . 5 . Non-Resident Tenants Each Non-Resident Tenant shall sell his/her Mobilehome to the Agency and the Agency shall buy same under the following terms and conditions : ( a) Option 1-Immediate Bu out Cases : Any Non-Resident Tenant may, within t51rty('36) days or the Zate of receipt of the Notice of Appraised Value , apply to the Buyout Committee for certification as an Immediate Buyout Tenant as specified under the Immediate Huyout Option above . All who are in the Conversion Phase A or Conversion Phase S area , who timely apply, shall be deemed qua+ ified for certification as an Immediate Buyout case . ( b) Ogtion 2-Sale : ( i ) Offer to Purchase : Up to one hundrea eighty ( 18d ) days before the scheduled commencement of any Post Conversion Phase A consttruction , the Agencyy shall, offer to purchase the Mobilehomes of the then remaining Non-Resident -23- rll� j DRAFT .tit+ 2 !988 FOR DISOMION F'IJIIP'( ES WY_ Tenants for the Agreed value . I f the Agency determines that the removal of any Mobilehome is required for that scheduled development , it stirall so notify the Tenant and it will be compulsory for the Tenant to accept the offer . If the removal of the Mobilehome is not required , as determined by the Agency, then the Tenant shall within sixty ( 60 ) days after receipt of the offer accept or reject same . ( ii) Escrow and payment for Mobilehome : within thirty ( M days after receipt of acceptance of its offer to purchase , they Agency shall . open an escrow with a scheduled closing date sixty ( 60 ) days thereafter , or sooner if the parties so agree . Ali costs of the escrow shall be borne by the Agency. ( iii ) Close of Escrow, Payment to Tenant and Possessio4 of Mobilehome: ( aa ) Before close of escrow, the I selling Tenant shall execute and deliver to escrow all documents necessary to transfer free , sarketable and clear title to the Mobilehome to the Agency and the Agency shall pay to escrow the entire purchase price and any additional amounts necessary to pay all escrow costs . ( bb ) Upon close escrow shall : ( 1 ) pay all liens and encumbrances against the Mobilehome; and ( 2 ) pay to the Tenant 100% of the .remaining sale proceeds upon the Tenant vacating the premises and providing escrow with an executed Declaration of Vacancy and Receipt of Benefits In the form of Exhibit E attached hereto ; and ( 3 ) Deliver all transfer docu- ments to the Agency. (cc) All Non-Resident Tenants who Sell their Mobilehomes , either under the Immediate Buyout provi- sion or this paragraph, shall , in addition to other obligations they may have herein, at close of escrow, deliver to the Agency the Mobilehome free of any occupants . Due: Op( e) tionY -Limited Might to Remain and Rents �■ .li.. 1 . if the Mobilehome owned by the Non-Resident Tenant is not located within the next scheduled development phase , then the Non-Resident Tenant may elect to remain in the space . In that event , the rental rate for the spaco shall continue to be the adme with anaual increaeea determined in the same manner as other Tenants who remain in the Park. Eligible Tenants electing to reject the offer to purchase will be entitled to a new offer to -24- r w E 1)1:tA T J Jl 2 8 19PR ... FOR IMSCUSSION Pt1 UWFJ 50' purchase before commencement of any subsequent construction phase . (d ) Responsibility for Subtenants : It shall be the respcnsibility of t,ie Non.-Res ent Tenant tor`deliver his/her Mobilehome to the Agency free of occupants , and any compensation to whist, the Tenant ' s sublessee (s) may be entitled , is at all , shall be paid one-half ( 1/2) by the Nora-Resident Tenant up to a total paid by the Non -Resident Tenant of One '"housand Dollars ( 41 ,000 ) and the remaining sum paid by the Agency. The r,gency shall indemnify and hold the Tenant harmless from any ,other claim for relocation benefits made by such occupants . ( e ) Non-Availabiaitty of Options : Except for the right and duty to sill or the Agreed Value as specified above , or to apply as an Immediate Buyout. Tenant , the Non-Resident: T(Aaant shall hrve no other Options to receive Relocation Assistance Benefits under this Agreement . 6 . Renters ( a ! Those parties who , as of the d?ite of this Agreement , occupy a Mobilehome within the Park , but have no owner- ship interest therein are not Entitled to receive any Genetits from the parties hereto under this Agreement . However , benefits , if any, teat might be due such Renters shall be paid in accordance with the pa*:agraph entitled Responsibility for, Subtenants under Paragraph 5 . (d ) of this Section . ( b ) A party who, as of the date of this Agreement ; owns an option to purchase the Mobilehome in which he/she resides and who exercises the option within thirty ( 30 ) d6ys after ^execution of this Agreement , shall be :seemed to be the Tenant Zor purposes of this Agreement and entitled to the benefits herein contained . There shall , however , be only one benefit package offered for each space. VIII . OTHER RELOCATION BENEFITS A. Moving Mobilehome : All Tenants shall , in the alternative to any other benefit ss benefits herein , have the right to have their Mobilehomes relocated anywhere within the United 5tttes at Agercy ' s expense . The cost of this relocation shall not exceed fifty percent ( 50% ) of the Agreed Value . if the actual cost of relocation is less than fifty percent ( 50% ) of the Agreed Value , then the difference shall Ne paid to the Tenant by the Agency. If Lhe cost is greater , then the Tenant shall bear the excVss expense . B. Discount and Low Cost Housing : All Tenants shall be offered, if ri*Asona 1 `ova a e , the additional right to : 1 . Purchase a condominium, if one is built on the 4 -L�- 3 j 1 I � i DIRAFT Von DISMSSIiON Mw'O rtz ONLY Site , at a discounted price of Fair Market value less ten percent ( 10% ) , provided Tenant agrees to , and does , reside in the premises i.)r a two ( 2 ) year period and not sell nr otherwise transfer the ownership interest therein for that period , unless Tenant pays to the developer the amount previously discounted from the Fair Market Value . RLM small givo ouch eligible Tenant written notice of the scheduled completion and availability of these units no less' than six ( 6 ) months before such date . Within thirty ( 30 ) days thereafter , Teni.nt must contact RLM , in writing , indicating the Tanantls interest therein . This offer thereafter terminates as to those Tenants who do not respond . Those who have indicated an interest must open an escrow for the purchase of the condominium within thirty ( 30 ) days of the date the units are first available for occupancy. r 2 . For a period of one ( 1 ) year from the first day units are available , rent from RLM any available new residentiaA rental units built on the Site at the same rental rate offered to the public less ten ( 10) percent provided a written application to rent is given RLM within thirty ( 30 ) days of the date the units are first available for occupancy. 3 . Obtain low cost rental housing in the City at Emerald Cove or housing similar thereto when available . This offer shall expire one yea;; after the option is first made avail- able to the Tenants . C . ,early Relocation Benefits : The parties anticipate that the entire re eve opment ;111 occur in the manner .and/or on the time schedule as stated in Exhibit C previously referenced . If , however , the Agency desires to accelerate the redevelopment of 'fir• the Site, dnd as a result , a Tenant is required to relocate sooner than the projected dates affecting that Tenant , the Tenant shall be en':ftled to recel•,;e an additional benefit . This benefit will be the payment by the Agency of as additional amount to the Tenant equal to four, percent (0 ) of the Agreed Value for each year , or part thereof , that such Tenant is required to vacate his/her space in the park in advance of the projected dates . This sum shall be paid at the time of payment of any other suing due hereunder or at the 'gimp of relocation , whichever first occurs . D . pa"ent of Existing Secured Financial Obligations . In tK1, event a Tenant elects to rielocate his/her Mobilehome during the torm of this Agreement , either to Ocean View Estates I or II , or to ' sdme other location , or buy a relocation Mobilehome within the Park provided for herein , it is the intent of the parties that any seci;red financial obligation attached to the Mobilehome will merely be transferrfd to the Mobilehome at the new lication or to the new mobflehome , as the case may be . However, if for any treason , the action of moving the Mobilehomi or acquiring title to a different mobil.ehome causes a secured financial obligation to -26- .a DRAFT ,�J� D� � B Asa FOR IMSCM9,10N MWKM ONLY become due and payable , in full , then the Agency shall pay that entire obligation and provide the Tenant with secured financing for the same amount: , under the same terms , at the new location of the same or different mobilehome . The aii;ount so financed shall not exceed those sums eligible as defined in Section IV . D . above . TX . TERMINATION OF SPACE AVAILABILITY AT OCEA14 VIEW ESTATES I AND YI It is understood that Ocean View Estates I and tI shall be constructed pursuant to this 1 jreement and shall exist only for a period of twenty-five ( 25 ) years from the opening for occupancy of the area known as Ocean View Estates II . It is further under- stood that Ocean View Estates I and II will be a. mobilehome park constructed solely for the purpose of providing te-'-;.p0rary mobile- home housing for certain Tenants displaced by the redevelopment of Driftwood Beach Club Mobilehome Park. The Agency, es the pr,vider mf the property upon which Oceaa View Estates I ane II will be constructed , transfers no righ•:s to occupy said property beyond that twenty-five ( 25 ) year period . Therefore , the fallowing provisions shall apply : A. Tenant hereby agrees that ne/she has no right to possess or ow:i the property upon which Ocean View Estates I and II shall be located except as a Tenant of a mobilehome park and said r igh't shall cease automatically twenty-five ( 25 ) years after the area known as Ocean View Estates 17 first opens for occupancy. B . Tenant hereby represents that tie/she has no expecta- tions as to the "in place value" or "in park value" of mobilehomes which are to be located in Ocean View Estates I and II other than the Agreed V&l ue as established by the pr�v i s ions of this Agreement . C. Tenant hereby represents that he/she has not relied uporl any belief or representation that the value of the mobile- homes in Ocean View Estates I and II will inflate or decline prior to the termination of his/her possessory rights thr veto . D. It is mutually agreed that this Agreement shall act as and shall be considered as the eighteen ( 18 ) month Notice of Change of Use of Ocean View Estates I and II which is to take place twenty-five ( 25 ) years after the area known as Ocean View Estates II is first opened for. occupancy. On said date , upon proper notice by the Agency to the Tenants , Ocean View Estates I and II will convert to use as a public park . E. It is mututally agreed that this :.3reement shall be considered to be and shall act as the six ( 6 ) month Notice of Change of Use and any other notices of change of use required by -27- ' } + • ` .w r FOR DISCUSSION PURPOOLS ONLY state , federal or, local law. F . Tenants , on behalf of themselves , and each of their executors , administrators , heirs , successors , and assigns hereby waive the right to receive further notice that their ter►ancy at Ocean View Estat«ta 1 and II shall be terminated as of a date twenty-five ( 25 ) years after the area known as Ocean View Estates 11 is first oper.,ad for occupancy. G . It is further agreed that the construction and maintenance of Ocean View Estates I and II are part of a Relocation assistance Plan and Relucation aavicement that have been prepared and negotiated pursuant to a Conversion Tmpact Report on the Park and Nrl- icle 927 of. the Huntington Beach Municipal Code . Tenant agrees that the Conversion impact Report , Relocation Assistance Plan and Relocation Agreement also apply to the conversion of Ocean View Estates I and II to public use which will take place twenty-five ( 25 ) years after the area known as Ocean View Estates II is first opened Fcr occupancy. Tenants , on behalf of themselves and . each of their heirs , executors , admi.nictratoxs , ( successors and ass e igns hereby waive any and all right , nw and in t the future , to emand or require additional Conversion Impact Reports and/or Felocation Assistance Plans as to Ocean View Estates 1 and II . H . Tenants , on behalf of themselves and each of their heirs , exeCLWTS , admindstrators , successors and assigns hereby waive any and all right to receive any relocation benefit when , Ocean View Estates i and II close except those specifically enumerated herein . I . Tenants , on bei•�alf of themselves and each of their heirs , executors , administrators , successors and assigns hereby waive any and all right to object to the closure of Ocean View Estates I and II after the termination date and agree to vacate the space immediately upon receipt of a written sixty ( 601,, day Not3'ce of Termination of Tenancy. J . Tenants agree to give notice tc subsequent purchasers of their mobilehones at Ocean View Estates I and II of this statu4 and the requirements placed upon the buyers under this Agi4tm-ant . said notice shall conform s-ibstantially to the notice attached hereto rr„irked Exhibit (, . X . PAYMENT OF UTILITY COSTS It shall. b-v the Tenant ' s obligation to ray all ut i l :ty charges attributable to his/her Mobilehtme for so long as it is owned or occugied by the Tenant or a venter whip at the present Site or by the Tenant after relocation to Cevan View Estates I or II . -28- y r, DRAFT JUL 2 8 198t 7U111 A1T roBEs ONLY X1 . FREE ALIEN481LITY OF MOBILEHOME5 AND VALUE GUARANTEE A . Sate Within Park: 1 . It is the intent of the parties that this Agreement will result in the Tenants enjoying free alienability of their Mobilehomes without being burdened with A passible change of use and the resulting consequences to the value of the Mobilehome that might result . Therefore , Tenants wishing to sell their Mobilehomes within the Park may attempt to do so after the date of this Pgreement . On each anniversary of this Agreement , up to ten ( 10) Tenants who have &ttempted ' to sell their Mobilehomes in the Park for a period of at least ninety ( 90 ) days and have been unable to sell for the Agreed Vsiue , may then offer to sell the Mobilehomes to the Agency for the Agreed Value . The Agency may then elect within thirty ( 30 ) days to acquire the Mobilehomes at the Agreed Value or elect to a31ow the Tenants to sell the Mobilehomes on the open market for ninety ( 90 ) d&ys and immediately upon the close of escrow, if the Tenants receive less than the Agreed Value (before paying any liens) the Agency shall f pay the difference to Tenants , but if the Tenants receive more than the Agreee Value , Tenants shall retain all sale proceeds . In the event more, than ten ( 10 ) qualified Tenants offer to sell their Mobilehom s to the Agency on each Anniversary date , the Agency will determine by lot which ten of these Mohilehomes it will buy and/or guarantee the vale price . 2 . Tenants may transfer all of their relocation benefits to buyers of the Mobilehomes , and the buyers shall receive all benefits to whiek the sellers were entitled , except that the Agreed Values at time of purchase will be reduced for the buyers to the amount paid by the buyers if the sale price is for less than the Agreed Value , but it will not increase the Agreed Value if the sale price exceeds that amount: . After purchase , the Agreed Values will be adjusted according to the provisions contained in Exhibit D . 3 . Buyers will be approve3 and allowed to reside in the Park only under the following conditions and/or circumstances : ( a) Buyers trust agree , in writing , to accept the benefits which the selling Tenants would have been entitled to under this Agreement , and no more ; and ( b) Buyers must comply with all reasonable prerequisites , rules and regulations maintained by FILM for the management of the :Ark. B. Sale At Ocean View Estates I and II : I . Right o: Resale and price Guarantee : Any Tenant who relocates to Ocean View Estates I or 11 , and efter the second _fig_ r ' DRA C 8 1988 FOR DMUSSION KMFOW WLY yeai following occupancy, is unable to sell the Mobilehome for a price equal to the Agreed Value for a period of no less than ninety ( 90 ) days , may then offer to sell to the Agency for the Agreed Value . The Agency may elect , within thirty ( 30 ) days following written notice of the offer to aell. , to either : ( a) Acquire Tenant ' s Mobilehonie at the Agreed Vdl ue and pay all costs occasioned by the sal E ; or (b) Permit Tenant to sell the Mobile►iome on the open market and immediately upon close of escrow, if th.e Tenant receives lers than the Agreed Value ( before 'plying any liens ) the Agency shall pe.y the difference to Tenantp but if the Tenant receives more than the Aar►eed Value , Ter.ant shall retai a all gale proceeds ; i ( c) Failure by the Agency to provide Tenant wit'.; written notice of its election within thirty ( 30 ) days of receipt of the offer to sell by the Agency shall be deemed to be rejection of the offer and an agreement to Froceed under paragraph B. 1 . (b ) of this Section . r XII . WAIVEp OF RIGHT" AND ASSUMPTION OF OBLIGATIONS A. Tenants' waiver of Rights . Upon execution of this Agreement , the Ts do relinquish , release and waive any rights they might have , past , present or future to object to any redeve'opnent of the Site on the following grounds : 1 . That they are entitled to continued use and ucct;pancy of the Site because of a sublease agreement they have with RLM which extends; beyond the conn=nceme-nt date of this Agrerement; 2 . That they are entitled to occupy or possess an7 space in the Park and any common areas therein under claim of right which may be contained in the Mobile :dome Residency Law ( California Civil Code Section 798 et seq. ) ; Ca" Ifornia Governm..Ent Code sections 65863 . 7 and 66427 . 4 ; California Health and Safety Code Sections 33411 -33417 ; California Government: Code Section 7260 (et seq. ) nd Section 6000 (e4 seq . ) ; California Administra- t ive Code 'Tittle 25 and Article 927 of the Huntington Beach !Municipal Code . 3 . That their relocation benefits, or any other form of financial compensation to which they are entitled under th i'z Agreement , are inadequate or do not pt by ide for affordable or repl acoment hour ing or. cr off of the'. Site B. Association waiver of Rights . [lpon execution of this agreement, t e ssociat o� n-;�or�its-M alone , and not on behalf of its individual members , does hereby relinquish and waive 30- i i At any right it has , past , prevent or future , to ob-' ect to the present RLM plan to redevelop the Site . C . Assumption of Obli ations . In the event the Site is redeveloped un er any pan approved by the Agency prior to the year 2013 , the Tenants do hereby agree to : 1 . Vacate the spaces being occupied by the Tenants upon being given at least one hundred eighty ( 180 ) cuys written notice by the Agency that the Agency has approved a redevelopment plan for a portion of the Site , and thet possession by the Agency , or its designee , of the spaces be!.ng occupied by the Tenanl-s is necessary for the imp'.ementation of the next Conversion Phase . This determinatior shall be made by ton Agency in its sole discretion ; however , there shall be no development commenced bey(""id Conversion Phase A before the minimum commencement dates ind Dated in We Conversion Phase portion of Exhibit. Cr except as provided for herein. 2 . Notify the Agency of the relocation benefit Option ' under which they elect to receive relocation t*nefits as provided her6 :n , 3. Cooperat% with the Agency in an%Tway necessary to implement the plains , except , notwithstanding the foregoing , Tenant specifically reserves the right to object at any public hearing j pertaining to a plars for redevelopment of the Site provided the basis for objection is not specifically waived in Section XII . A. above. ' III . PAYMENT OF COSTS AND EXPENSES TO ASSOCIATION Upon execution of this Agreement , RLM shall pay to the Association a sum up tc One Hundred Seventy-five Thousand Dollars M75 ,000) for reimbursement of all costa and ftnpanses including attorney' s fees incurred by it , and its predecessors to date of this Agreement . These costs and expenses were incurred in esponding to the proposed change of use of the Site and . the negotiation mno prepatretion of this Agreement . Any additional costs and expenses ' fncludir :1 attorney' s fees incurred by the Association after the date of this Agreement , to implement . the terms of this Agreement , shall be paid by RLM. This additional sun shall not exceed Twenty-five Thousand Dollars ( $25 , 000 ) . xIv. A somTION TO BE MASTER TENANT AT OCEAN VIEW 11TATES 1 Upon commCneement of any Post Conversion Phase A construct- ion, the Agency shall l+tase to the Association the premises previously referred to as Ocean View Estates I and Ocean Viet Estates II except the public park, hake and golf course areas -31- . a I�wM ' 1 DRAFT JUL 2 1 On it191'tt"lOf�I rukp lm cfty contained herel n . The terms of that laase rsre indicated In that certain Lease: Agreement between the .'agency and the Association which ;s attached hereto , marked Exhibit H and incorporated herein . XV. AVA.ILABIt,ITY OF r,ENE?ITS UNDER THIS AGREEMENT Tenants shall be required to execute this Agreement within thirty ( 30 ) days after receipt of a copy of thls Agreement and Notice of its approval by RLM, the Association , the City and the Agency. In thla event that any Tenant fai�.s to execute this Agreement within that time period , or sooner , it shall be presumed that the Tenants who so refuse to sign are refuuing the benefits herein , and those Tenants shall only be entitled to the minimum benefits allowed under Article 927 of the Hunting ton Beach Municipal Code . XVI . MISCELLANEOUS PROVISIONS A. Waiver. The waiver of any term , covenant or condi- tion herein conta5M shall not be deemed to be a waiver of such term , covenant or condition to any subsequent breach of the same or any ether tare, covenant or condition herein contained . B. Marginal Headings . The Marginal headings and titles of this Agreement are not a part of this Agreement and shall havr. no effect upon c:)nstr. urtion or interpretation of any part hereof . C. Time. Time is of the essence of thie Agreement and each and all of is provisions in which performance is a factor . O. Sueeetsors and �Asssi ns�. The covenants and condi- tions herein contained apply . to and bind the heirs , succesuors , executors , administrators and assigns at the parties her-:to , E . Prior Agreements . This Agreement contains all of the A(,reeme :.s ot the parties hereto with respect to any matter conveyed or mentioned in this Agreement , and no prior agreements or understanding ,,vrt•aining to any such matters shall be effective for any purpoae . No provision of this .agreement may be amended or added to except by an agreement , in writing , signed by the parties or their respective successors in interest . F . Partial Invalidity. Any provisions of this Agreerr��nt which Mall pro's to be invalid , void , or illes- al , shall in no wary affect , impair or invalidate any other provisions; hereof , and such other provisions shall remain in full force and ef. ;ect . -32- �i 1 '4d PR A 'e T J L 2 8 lose ........._.......,�.�._.. FOR DI5 MION PUMMES ONLY G. Choice of Law. This Agreement shall be governed by the lawn of Lne' Stae of lCalifornia. H. Attorneys Fees. In the event of any action or proceeding bruu`gFE by any party against another party to this Agreement , the prevailing party shall be entitled to recover vensonable attorneys fees , inciudir.g costs of rappral . 1 . Notices. All notices and damards which may or are to he required or perinitted to be given by a party or. another , nhall be in writing . All notices and demands shall be sent by United States mail , postage prepaid , certified/return receipt , addressed to the receiving party at the address hereinafter stated , or to such other address as a party may from time to time de31gnate in a notice to the other parties . J . Enforcement . 1 . This Agreement is specific•311y enforceable by the Agency, RLM, the Association and tiny Tenant who has executed this Agreement and who has not received the benefits herein due to a breac) of this Agreement by either RLM or the Agenc;,. 2 . A breach of obligation by RLM or the Agency with respect to one or mote Tenants shall not act to prevent perform- ance by other Tenants. 3 . Tenants shall be obligated to perform under this Agreement so long as Agency and FILM perform these obligations herein that specifically affect or apply to each of them Individually . No Tenant may refuse to perform ender this Agreement where the Agency or RLM have failed to perform obligations that are particular to any other Tenant . I l i / / / / -33- i DRAFT FOR 19LSrUMSION PUI MMES ONLY K. CoUnterQart Execution , Thl.s Agreement may be Executed in counterparts , each of which shall be fully effective as sr original and all of 0iich together shall constitute one and the same instrument . In w.ltnoiws whereof , the parties have executed this Agreement ss of this — day of REDEVELOPMENT AGENCY, OF THE CITY OF HUNTINGTON BEACH RLM PROPERTIES , LTD. , a California Limited Partnership BY_ .�..�._. DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION , INC . , a California Non -Profit Corporation INDIVIDUAL TEMANT SIGNATURE PAGE ATTACHED r �34- wrlr � •. r ` L DRAff JUL Fq)R lDIS frA FURPMEa My INDIVIDUAL TENANTS SIGNhTI)RE PP.GE i/wa , the under v igned , Wease PrW.nt Your Name ( s ) owner ( s ) of Lhe mobilehome located on Space og . (;111 i n�� a r'3""` the Driftwood Beach Club Mobilehome Park, do hereby agree to the terma anqz conditions of the MOBIL::HOME hCOUTSITION F.ND RELOCATION APRELMENT by and betwt?�n REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH , :tLM PROPERTIES , LTD . , a California Lirr.:ted Partnership , DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCI"AT1011 i Inc, a California Non -Profit Corporation, and thr, 1NDIV'IDUAL I TENkNTS •of the Driftwood Beach Club Mobile Home Park dated . ..__._.;.. � 1988 and hereby Ackn�w1eJye recEipt o,: a c.Opy of thi,., Agreener t tntalinr _____parjes , including Cxhibita A through H ��nd this signature page . I i g n a t u r e _ Date ." signature �.�.w�Ml�y _y�a,�y.w �w�.Y•M..w.i Awe ���� �•� ' w.i..r.rN�I�1."� w1�wIMMw�i�n....l�y��_Y� 4 -35 - DJR + 19rJ+1��L 16 I 1 t `'F`�''i,�t�'-C 1^t"\ Al i�` l tr,• �c: 1 i 0 �. " I I 1 I :� -'*'; �,�1C'd:-�� ;, r c�_• ` �t "t 1 0,��+ ? I ,s I�Iw' l �is�• < �� �, . �'� �� ��(�� �''� J t i ' •: zz ♦ / INS r� / nil * SITE BOUNDARY I t ti / 41, SITE f � r i 1 � ' ► 21462 Pacific Coast Highway Huntington Beach, Ca. 9264 EXKIBIT A Driftwood Beach Club Nohilehome Park- Mob.t3e 17'or.ie Ownera GIs PACE M114 Y1RST LAST V•w MYw O..YW••.'r.'r r...war. —wrrMWMV—NwwMN—r• hti r•..w rW YMr Wwrwww W.M w•. 1 Mr. . & H :1 . cr:org43 cor.bar:i Dora t.,hY Pinkhain 1 Ka. a V e e Winther. 4 Mr. & 17r^ . h1-innis hea 5 Ms. Marian Phillips 6 Mr. . & Mrs . Donald C a ab Y 7 Mr. & H7 P-aul Sect: 8 Ms . Geraldine Marie Florez ( Trustee ) Mrs. Claude Williams 9 11r. & Mrs . 11 . B. Watson 10 Mr, A Mrs . Edward Roger fountain 13. Mr. John Richard Cooper Ms . LaiE Ione Earl 12 Ms . Bonnie Figgins 13 Mr. ltichara Upton 14 Mir. & Mrs . Charles Castrop 15 Mr. Albert Behar 3.6 Mr. & Mrs . William Shattu 17 Ms . Fern Ethel Cordon IS Mr. & Mrs. Frank Cirtrone 19 Ms . Elizabeth Rosenhauer 20 Ks . Susan Ziegler 21 Mr. & Mrs. Aniello DiCrisci. 22 Mr. & Mrs. Dan Gleason 23 Ms. Carol Hell 24 Mr. & Mrs. David Markley 25 Mx. Donald Mullen xa Mr. Otis Werb 27 Mr. & Mrs. Willis Anderson 20 Mr. & Mrs. William Shannon t EXHIBIT 0 I. 'NYC t►'M I � .� J f' rr ■ 1 ■ _ 1 11 41 CI- Li 4"d jrNzki T—GL�. 1 / Ol 46 + de / / I /,00 .. • ..• .:•:•:•'•:•.,•:...�............... C O N V E R S i O N PHASE A & B ' •�' ���� a .•.�... • • IT .• .��6�� ��f � }� :. Conversion Park Sstcimated lotr•:•:. ;�:;.�:4:•• �•'�'•�.:••. Phe Ltyi�m,..., bars In,,tal.. l�. te of Clos-mra 321—329 19 . B—Optional 301-305OF)tion�0 Phase A with 316•--320 EXHIBM C-1 Y. erg. 1 1SU iWM .,--------------- ---...._ i I � iii::•;:�ti.: :•s�;�ii;::t'i :,;• •• i:::;.�;;.t;',;;5, e•••; s:i�•�lt4t. I •::••::i•.•;;i•.:: ii:;i: ;i;i;.;,:i •:•: t;'•itii ii•iA1. ' 'x ..•..•-��IW�+• ;;, ��is lo Al zz `• • � II II i CONVERSION PHASE D ' '• �otimated •' �..�, �� Conversion Park r Date �f Clc��r� m- Sp MLS ss Iatal cQua 40—10 444 53 5 f 1993 F.XHlgi• C-3 rF� , • V r li • mow_....r-.+.a__r. •�.�a-.ter.ram.✓�� r��.ar��rrrr ... - r.r�-.ram+-.���.._-a��rr. ..��-.��. �-_-�-�.a.a,r..-...r���r.� �,�,...a..... �.....�.�.,.,....._._•+•^-..........�.... •1.7w'V 7.....wM7pTITM4' 1r .,_---___-.._-----_--._.___._..--.---------- Af N.M%,- W r. � ;:, ;r' • :'�. •►' fig•' , t :s 'f •: - t� ' w a' -zz— ,o f / / d f J CONVERSION PHASE E •� ,,� Conversion Perk Estimated '• �• �o�ce NL:rnae n Q��A Q sure E 2U-525 62 5/1994 2a D(HURT C-4 jw 260% - — CONCEPTUAL AD IUSTMENT TO "APPRAISED VALUE" � 240% TO DETERMINE "AGREED VALUE" � I 220% � { to 00 tea. i 2007 a 180% Ole\ 3160% — Q. - op CL SPA op 1207 00 ¢ ASSUMES C.P.I. ©!,4 EAR D 80�. --� *APPRAISED VALUE• j AT[WFTWOOD h CEO% �` % ■APPR IS€D VALLE DRIFTWOOD xz �RE �o�� 4 %% 20? -----------------------------_----.—__—._ -- -� L.. x 0 1 2 3 4 5 5 7 8 S 10 11 i 2 13 14 15 15 17 18 19 20 21 22 23 2: YEAR GRMH IS AN ILLUSTRATION OF THE CONCEPT ONLY. SEE THE AGREEMENT FOR DER."NITiON OF TEPM AND FORMULA ON FOLLOWiNG PAGE FOR THE METHOD OF CALCULATION. GRAPH ASSt!MB PAW SPAa WNTADJUSTMEN7"S EgMTO C P L Let : n the -anr, where n '* 0 1s the date nt -the "Notice of ):pprai sed Value" per Section IV of the Agreement . Vn w Agreed VaLic at year n, where V0 is the "Apprabied value" per Section IV of the Agreement Cn = Chango in the Consumer Price Index from the previous year, calculated as fol owe ; (Cpin " CPIn-1)/CPIn_1 Example; (1 .4 - 1. 35)/1 .35 *- . 0370 Rn rn Change An the mobile home park space rent from the previolis year, calQula.tod as I follows: (Rentrs - Rentn„I) /Rentn_3. Example: ($200 - $195)/$1.95 = . 0256 S X :alvage Value ecpaal to 20% of the Appraised Valu&, i .e. , S im O . 2 X VO Given than above, then: fAr-4e) m 1 thrQaa l...I;.: Vn w Vn-1 + (Vn-1 x Cn) + [Vn�l x (Cn - Rn) ] EXI"Vple: $50,OOO + ($50, 000 X . 037) ,- (01t,501000 x ( . 037 . 0256) ] x $50 , 000 + $I f O50 + $570 - $5;. , 420 11!p. ,11 MWh.0 Vn " ( [ O'n-1 - 5)/12 a X ( - n) ) + S fxampl a assuming year 15 with V14 *- $75 , OOO and 8 w. $10, 000 : ( [ ($7Sp OOO - $10, 000)rat ] x (25 15) ) + $lo, OOO ( ($65, 000/121 :; 10) + $10,000 $54gY67 + $10# 000 w $64 , 167 ti Xxhibit D-2 - � frlM. DECLARATION OF VACANCY' AND RECEIPT OF BENEFITS sV, r�" i�ned ownex ( s ) of the t•o T ehome ' in -in-i Tenant ( s ) of 1.)r i £t.wood Beach C1 uo Mobi lehome Park , her'2by acknowledge( s ) receipt of an and all relocation benefits Lo which he/she/they is/are entitled , and waives ) all righta to recaive further benefits under the Mobilehome Acquisition and Re:ocaton Agreement ei;cept eligibility eo purchase or renti housing accomodations as specified in Section VIII thereof . The undersigned further warrant ( s ) and declare ( s) that he/she;they has/have vacated the above listed space and hereby relinquish ( es ) any and all rights , title , interest and right to posaess the above listed space EXHIBIT "E" :.� mow :4 �� '. ;.•„r,. i lop 3. r A AA ' �`�• , ''� � •w��.��.,,�r'•��•••i.-� ,.I mil' i Ir r ,. � �; .. -'' 1, ��• �. 'q jr'� liar _•• ; � �`,1 1:, _r ' �i •' '� ..,,,...,.p,•.. a I Ov, I• VIE/ L*1 AI ES CITY OF HLWT14GTON SEXH •~'�•~'�-•t-ti. •....r'±•.� ��•1. .1' stir'' \�' •—`.�•"• '•: ji • .� ,7 ',� J .�, pEDE6TRiAN co. E ,LD Fi' .� -f•.J-_.,� .� '� •� •j •a it GJ.I eS T �P A i I K I N G Je J J-1 •--' -•• .;• :ice .� ..� � � � .. ` _�. fr� ,�' � �,; •. fcc t6 d U w E/ .q E C R E k ib rl WC A H E A '' ---=--•-•-�.% fr \�* 75, Sq. ,fit. CI4•houtse� ..._ '- LEGENO ATRASH ENCLOSURE O` Ce �. �' -1• *LAUNr' RY FACILITIES .• ��, *SECURITY GATE F•JM E f+C,� Y �C G�, y s _ ��� . A E s,Y'O"res MOTE. :10' TYPIQAL ROAD , • •' �. • PEDESTRIAN CORRIDOR :X-' ,�0 gQ. :�•. ''�� �' � 15' MINIMUM i J.� ' ;, : :,,�-1�!:�.r�'�:�. ��ti • ` -� MINIMUM LOT SIZE 45'XIS' r��/,� � f�•'� � c Jl �. �`��; �,.' ` '.N w R.V.ITRAILER PARKING TO BE .. f�/.f ,!•.;'%�'� ..' :''� �� �- PROVIDED IN THE IMMEDIATE �.f ..._....: AREA. U LY-MILLER"LAK PARKING COMMUNITY PROGRAM eJ t ;g �lT TV169 p -JR'-I EXHIBIT If F•l C" I�.rl , w.& t, OC:Eh'1 ''I1114 ESTATES MOBILEHOMc. !':ARK AMENITIES uRAFT * Clubt?ause/recreational area including : ;'., 7,F-, sq . F'_ . clubhouse to include large meeting room, Sap.rd m etin-i roorn 16 ' x 241 , and fully equipped 1 0 ' x 2^ ' kitchen , rest rooms -- 45 ' x 501 swimming pool ; spa ; ba -beque -- Administration Offices facing entrance to park * Picnic Area including : - 17-50 square foot conference room - Barbuque * 1 � ' mirit.mum pedestrian corridor leading to all open space/ recreational area * 30 ' w ' rde roads built to City standards 1 * Provision of street landscaping for, Ever; lot to enhance i. eighborhood aesthetics . * Provision of guest parking at convenient locations . * All Mobilehome spaces shall be improved with drive--�ays from street to far end of coach, minimum 65 ' x 1.. ' ; Awnings will be provided full width of driveway. * Provision of entry monument . 251 landscape buffer along major arterial streets to minimize noise impact ; 20 ' outside (between right of ray and wally of Mobilehome Park and 5 ' ins."e of wall. (added to minimum lot dimensions ) ; All 25 ' to be landscaped at Agency expense not included in cost of development of. Mobilehome park; exterior 20 ' maintained by Agency interior 5 ' to be maintained by individual residents . * Car wash , covered area for ( 3 ) three cars * Lan2idry Roorns with Washers and Dryers * Security Gates * Access to adjoining Public Golf Course$ Park and Lake * RV parking (20 spaces ) off site in immediate area * Agency and Association shall, meet and confer regarding additional design detail for Ocean View Estates including but not limited to surrounding public park , golf course and lake improvements . EXHIBIT E-3 i a r� ADDENDUM TO EXHIBIT F DRAFT r 1 . Agency will develop the area surrounding thcr mol.,)i 1ehome pa.k generally as show►, on the Illustrative Plan Exhibit r i inalLidi.ng but not ,limited ".o they following : S a ) Agency will re;,ocate the ahc Dt i ng range : h ) Agency will ,iriprove the public park area ; c ) Ac-ncy will, constr,act a nine hole public golf coarse ; and , d ) Agency will tecrace , landscape and ctherwia-t improve Sully-Miller Lake . 2 . Agency will do what is necessary to deal with the methane gas problem that exists on the property so that no adverse effects will eNizst for Ocean View Estates residents or for users of t:he .� public park and/or :,golf course . 3 . Ayency will remove all rxistinrg buildings from the property and clean ip thc. cntire area inclu:?ing Gill concrete slabs (ot.her than mobilehomes r-knd pads ) prior to locating any mobilehome tenants north of the area marked "Ocean View Estates I" on Exhibit r-2 w i r1CT!CE: TO BUYER OF M01IILE110M : - i ! Oceart View Estates I and LI are , as combined , a temporary Mob ilehome park cue:, igned to provide tempoz ar y housing assistance +-o displaced Tenants of mobilehome parks in 11untington Beach that ' have been torn down and redeveloped . Ocean View Estates I and Ii have beet developed pursuant to a Mobi lehome Park Relocation Aosistan.-e Plan approve) by the City of Huntington Beach . ;J Ocean V41ew Estates I and 11 will coase to operate twenty--five ( 25 ) years frorr, the date Ocean View Estates I ! is first open for: ! occupancy , at which time all Tenants at that location will be required to vacat I3 . Tenancy in Ocean View Estates I and II exists pursu&nt to a Mobilehome Acquisition and liel.ocation AgrPemEnk containing certain obligations of the Tenants , their successors and eissi.gns , and various relocation benefits . Rights to relocation benefits are limited t,, those specifically enunciated in the Agreement . All terms , con0itions and obligations under the Agreement must be acknowledged and accepted before approval as a Tenant of Ocean View Estates I or II is obtained . Date Selling Tenant Receipt ac ':nowledged and the terms Accepted . Date guying Tenant EXHIBIT "G" 4 J _ • y • L a p ♦ E i s- 7 1 � • r T i I OCF-AFj ' ( to be supplied at a latet, date ) R ' • M • 1 M •4 r w EXHI1 w r ' . e 4' V L�. • f. 410 di►i� '+ '"'r T_ Y � , •.� `-���i t. .�� ,.ter+� - ' -• Jrll � � 7 SON r roil i Af vv CITY OF KINTWIPON SEACH yr DRFTrl bf ELECTION OF BENEFITS A To be completed and submitted by Tenants at time Tenants sign the Mob&'Achame Acquisition and Relocation Agreement by and between REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH , FILM PROPERTIES , LTD., , a California Limited Partnership, DRIFTWOOD BEACH CLUB MOBILE HOMHOWNERS ASSOCIATION, Inc. , a► California Non-Profit Corporation and the INDIVIDUAL TZMA.NTS of the Driftwood Beach Club Mobile Home Park . By Placing my/our initials next: to the appropriate option ( s ) ,, I/We, ( Print name s owner ( s ) of the Mobilehome located on s space number , in Driftwood Beach Club Mobile Fnme {F i nI�um ��r r Park do hereby elect the following option ( s ) at this time : PHASE I TENANTS ( other. than Nola-Resident Tenants ) Choose one : a ) .dell our Mobilehome to the Agency as soon as possible for the Agreed Value ; b ) Relocate us to to Ocean View Estates I ; c ) We will relocate within Lhe Park ; d ) We will relocate to art area other than the Park or Ocean View Estates I ; e ) We will defer electing our Options until after receipt of the Notice of Appraised Value PHASE I-OETIONAL TENANTS ( other than Non-Resident r Tenants) : Choose one : a ) Sell our Mobilehome to the Agency as soon as possible ; b ) Relocate us to Ocean View Estates I ; c ) We will relocate: within the Park ; d ) We will relocate to an area other than the . .r.. i;ark or Ocean View Estates I ; Notes If you t ) We will remain at our present location choose this until the commencement of any post Conversion letter ( a) Phase A constcuction and wish to receive those also Choose benefits offered Phase II Tenants, one option in Phase 11 f ) We will defer electing our options until category below after receipt of the Notice cf Appraised Value -1- 1 1 PHASE 11 TENANTS (other. than Non-Resident Tenants ) ; Choose Ones a ) we olect to be relocated to Ocean View Estates II when it is availabe for occupancy; b ) We will be applying for immediate Buyout certification ; c) We will defer selecting our Options until after receipt of the Notice of Appraised Value . NON-RESIDENT TENANTS : Choose one: �) We will he applying for Immediate 3uyout certification ; b) We will defer selecting our Options until after receipt of the Notice of Appraised Value , We understand that we remain entitled to any and all other benefits as providu ,Al by and subject to the berms of the Mobilehome Acquisition and Relocation. Agreement . Date Signature— r REQUEST F(;,)R CITY COUNCIL ACTION Date Auzis t 3.5 • 1981 -- 6ibmittsd to: Honorable Mayor and City Council C Submitted by: haul E. Cook, City Administrator \y pro" d by: Douglas La Belle, Director of CorrVtl►ln i ty Devolopme-- Subject: ZONE CHANGE NO. 87-7 Consistent with Council Policy? Yes [ ] New Policy or Exception S4atwnmt of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: QF_ ISSUE: Zane. Change No . 87-7 is a request by RI,M Properties . Ltd. and the Huntingtc ••. Beach Redevelopment Agency to remove the MH (Mobilehome) designation from Driti:w.00d MobilehomQ P,:rk. Removal of the MH desinnation will leave Downtown Specific I'laii Dist 'icts fib (High Density Ref ident:ial) and 9 (Commercial/Support Recreation) as the primary zoning on the property. CAN ION: Act ion Q Jun�L ON MOTION BY LIVENGOOD AND SECOND BY SLATE-Sr THE PLANNING COMMISSION APPROVED ZONE CHANGE NO . 87-7 WITH FINDINGS AND CONDITION O AQPRQVAL AND REECOINMi NDED ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING MOTE : AYES: Slates, Livengoo6, Silva , Leipzig, Ortega , Hourgui.gnon NOES: None ARSE.,, Higgins ABSTAIN: None FiVP-I S?R APPROVAL ZONE C'-`ANGr N-0 , JI-7-7: 1. The proposed zoning designations of Downtown Specific Plan Districts 8b and 9 are consistent with the Huntington Beach General Plan and all elements thereof . 2 . Due to the provisions of the DriE;:wood Relocation Assistance Plan and the fact that the Waterfront project will include a substantial number of residential units, the proposed zone change will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic sogmentz of the connunity, as set forth in the Housing Element of the Huntington Beach General Plan. MO 4M i r 1 3 . The property which is the subject of the proi.osed zone change mould be more appropriately developed with the uses permitted under Districts 8b and 9 of the Downtown Specific Plan., 4 . An " Impact: of Conversion Report" has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing . Such findings were consistent with thoze required by Section 66427 . 4 of the California Government Cone and Article 927 of the Huntington Beach Ordinance Code. 5 . A relocation assistance plan has; been submitted by the applicant and found to be adequate by the Planning Commission at a public nearing . C4nditi.Dn of. AR12 gyal : I. . A Mobilehome Acquisition and Relocation Agreement must be approved by the City Council and executed by the Redevelopment Agency, RLM properties , Lied . and the Driftwood Beachclub Mobile Homeowners Association, Inc . In the event that the above parties are unable to finalize such a written agreement , The Waterfront project and all related approvals will not go forward without, going back to the Planning �7ominission for full public rehearings as to all matters; considered by the Commission with regard to The Waterfront project . The Association and its members shall be entitled to participate fully at the rehearings without prejudice. ti toff Lc�r�rmenda AQn: The Planning staff recommends that the City Council adopt Zone Change No . 87-7 With the above findings . Ia In 19a2 the zoning on Driftwood Mobilehome park was Changed from R5 (office Professional) to MH (Mobilehome Park) in order to ensure the orderly transition to a new use if plans for phase out of the park were ever filed . In 1983 , the Downtown Specific Plan was adopted . The Downtown Specific Plan retained the V.H designation on the Driftwood site , but added Districts fib (Nigh Density Residential) and 9 (Commercial Support Recreation) to the site in the form of an overlay. If the MH were ever removed from the site , then. Distr.ticts 8b and 9 of the Downtown Specific Plans would functic is the base zoning. Before a XH designation Can bra removed from any Property in Huntington beach, certain procedures ,must be followed , Specifically, Article 977 of the zoning code requires that an Impact of Conversion Rsport and a ]Relocation Assistance P13n be submitted by the applicant and approved by the Planning Commission at a public hearing. Those items were approved by the Planning Commission: on June S. 1968 by the fallowing action : RCA - 8/15/88 -2- ( 1046d) 1, A NOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE THE DRIFTWOOD 140BILSHOt41!', PARK IMPACT OF CONVERSION REPORT AND RELOCATION ASSIBTANCE PLAN, AS MODIFIED, WITH FINDINGS AND ADDED CONDITION OF "P'ROVAL, AND APPROVE RESOLUTIONS NOS . 1395 AND 1396, BY THE FOLIa MING V(YfE: AYES: Slates, Livengood, Silva , Leipzig , Ortega, Bourguignon NOES: Pone ABSENT: Higgins ABSTAIN: None ZINDINCIB OVAL - DRIFTWOOD 1MPAC3:,.QF CONVERSIQN-IMPURI: 1 . The report adequately addresses the date of manufactu.-e and size of each mobil-ehome in the park. 2 . The repa rL adequately addresses the makeup of existing households, including family size, household income, length of reuidence, age of ti3nants, owner or renter, and primary or seasonal resident 3 . The report adequately addresses replacement availability, monthly rents , and coach acceptance criteria within forty (50) miles of the City. 4 . The report was submitted within twelve ( 12) months of issuance of the Notice of :Intent to Chdnge Use . 5 . The report adequately meats the intent of Article 927 of the Huntington Beach Ordinance Code for preparation of such report . p�NGS _FM.-APPk!2VAL - nZIF'CWdOD _B LQC'ATIQN ASSZ 5T6ANC P1,A_ 1 . Section 9270 . 4 of the FIuntingttn reach Ordinance Code requires that a relocation Assistance Plan be submitted by the applicant and be found to be adequate by the Plann-I g Commission at: a public hearing . 2 . Section 927n . a (a) of the Huntington Beach Ordinance Ccde requires that all eligible mobilehome owners are entitled to receive the cost of relocating to another mobilehome park within 50 miles of the City. 3 . Section 9270 . 5(b) of the Huntington Beach ordinance Code provides that if a replacement space cannot be found, that the mobilehome and optional equipment be purchased by the applicant at the nmobilehocne owners original purchase price minus an amount determined by depreciating the price at a rate of 4 . 7 percent per year from the date of purchase to the dates of park closure with a minimum buyout of $4 , 500 . ]MCA 8/15/88 -3- ( 1046d) 4 . Section 9270 . 5 (d) of the Huntington Beach Ordinance Code provides that the applicant and mobilehome owner may mutually agree to modify the standards and methods of assistance. 5 . The Driftwood Relocation assistance Plen proposes assistance which meets or exceeds the provisions of Sections 9270 . 5 ( ai ) and 9270 . 5(b) of the Huntington Beach Ordinance Code. 6 . The Driftwood Relocation assistance Plan includes an option for development of a Relocation Park, and the option constitutes modification of the standards and methods of assistance as allowed by Section 9270 . 5(d) of the Huntington Beach Ordinance Code. 7 . The P13nning Commission has previously approved an Impact of Conversion Report for Driftwood Mobilehome Park as required by Section 9270. 5(f) of the Huntington Beach Ordinance Code and 65863 . 7 of the Government Code . 8 . Proper notice of intent to close the park was given by the applicant on May 15 , 1987 . 9 . All requirements for public hearing on tht:- Impact of Conversion Repot t and Relocation Assistance Plan have been adhered to . 1r, . -;he Driftwood Relocation Assistance Plan has been properly prepared, advertised, reviewed at a public hearing and found to bye rde+quate by the Planning Commission after comparing it against the standards for such plan as contained in Article 927 of the Huntington Beach Ordinance Code and approved by Resolution. =TM I TI4 1 I' ARERMLo. 1 . A Mobilehome Acquisition and Relocation Agreement: must be approved by the City Council and executed by the Redevelopment Agency, RLM Properties , Ltd , and the Driftwood Beacliclub Mobile Homeowners Association, Inc . In the. event that the above parties are unable to finalize such a written agreement.. The Waterfrout project and all related approvals will not go forward without going back to the Plarnimg Commission for full public rehearings as to all matters considered by the Commission with regard to The Waterfront. project . The Association and its members shall be entitled to participate fully at the rE'�eerings without prejudice. Since the Driftwood Impact of Conversion Report and Relocation Assistance Plan were approved by the Planning Commission, and theb*e have been no appeals to the approvals, the City Council need take no ar;tion on those items . Under the terms of. the Condition of Approval, however , the City Council must approve the Mobilehome Acquisition and Relocation Agreement: before acting on the zone change . After approving the Acquisition and Relocation Agreement , the City Council may adopt the zone change with the findings ecommen,ded by the Planning Commission. RCA - 8/15/88 -4- ( 1046d) 1, r w.r j i r No funds required . M7 LW1A The City Council may deny Zone Change No. 87-7 . This acf:,*.on would prevent the further processing of applicaticn for the Waterfront Development. Ordinance 2 . Planning Commission Staff Report dated June 8 , 1988 . 3 . Resolution Nos . 1395 and 1S98 . MA:HS :grim RCA - 8,/15/88 -5- (1046d) Ff huntington beech deper�ment of community development � r .-- REP ORI TO: Planning Commission FROM: Community Development DATE : June S . 1908 SUBJECT, 7O89 CHANGE NO . 87--7 $AIW,T'- khM Prop:)rties , Ltd./ ZM: MH (Mobilehome) Huntington Beach Combined with DTSP Redevelopment Agency Districts 8b and 9 (Downtown Specific flan MUM: Change of zone from MH District 8 - High Density (74obilehome) combined with Residential ; District 9 - Downtown Specific Flan Co:NYsercialfSupport Districts 8b (High Density Recreation) , with Residential) and 9 (Com- Conseivation Overlay, mercial/Support Recreation) Floodplain Suffix, and to DTSP Districts 8b & 9 Oil. Suffix) T,OQ 21462 Pacific_ Coast RAL ALis High Density Highway, between Residential. and Cormerc:ial/ Hunti,ngf�on Street and Support Recreation Beach Boulevard Mobilehome &MAU: IS Acres Park i.1 0 _..SUQQ ED ASi. `i Approve Zone Change No. 87-7 for a change of zone from MH (MCobilehome, District) combined with Districts 8b and 9 (High Density Residential aria Commercial/Support Recreation) of the Downtown Specific plan to Districts 8b and 9 of the Downtown Specific Ulan by making the findings contained in Section 10 . 8 of this report,: and adapting the attached ordinance . 2.Lk t1MHLM ON In 1982 the, zoning on Driftwoud Mobilehome Park was changed from R5 (Office Professional) to MH (Moiai lehome Park) in order to ensurn the orderly transition to a now use if plan^ for phase out of the park were ever filed. In 1983, the Downtown Specific Plan was adoptr%d. The Downtown Specific Plan retained the MH designation on the Driftwood site, but added Districts 8b (High Density Residential) and 9 (Ooamrcial Support Recreation) to the site in the form of an overrluy. If the MH were ever removed from the site, then Distrticts3 8b and 9 of the Downtown Specific Plan would function as the base zoning . Nam- A-Fw4*C 3 I a 9URR9 IND SE�IN I NG AND �1 8 k_P► AN QES I OATIMM Subioct pr =Ltz GENERAL PLJkN DESIGNATION: High Density Residential and. Commercial/Support Recreation ZONE: NIA (Mobi.lehome Distract:) combined with DTSP Districts Ab (high Density Residential) and 9 Coiiunercial Support Residential LAND USE: Mobilehome Park fi2Itith-&f_-BUbj.0,ct PrOrierty: GEbt:R.AL FLAN DESIGNATION: Medium Density Resid--ntial ZONE : MR -CZ--FP2 (Mobilehrnne. Coastal Zone_, Floodplai,n) , R2-PD-CZ-FP2 (Medium `density Residential.) LAND USE: Mobilehomc Park and Condominiums GENERAL PLAN DESIGNATION: Commercial , Medium Density Residential , Conservation, Visitor Serving ZON C4 (Commercial ) , R4 (High Density Residential ) , RA•-0 (Residential Agriculture combined with coil LAND USE: Shopp4ng Center, Apartments, Resort and Boat Salet.; Sauth GENERAL PLAN DESIGNATION: Recreation ZONE: S1.-CZ-FP2 (Shoreline District.) LAND USE: State Beach at 3 b 1 ect ty: GENERAL PLAN DESIGNATION : high Density Residential, Visitor Serving Commercial ZONE: DTSP Districts 8a (high Density Residential and 7 (Visitor ServiTlY Commercial) l.AriD USA: : Vacant ' Zone Change No. 87--7 3e covered by Supplement to Environmental Impact Report No . 87--2 . SEIR No . 87-2 was distributed for. a 45 day public rev:, :3w which ended )n February 28, 1988 . SEIR Ito . 87-2 must be eyproved by the Planning Commisaiun prior to action on 'Lone Changes No. 87--7 . Staff Report - 6,/8/88 -2- (0592d) �z Q^,_CgAsTAL__EXATVS : the project is located within the Coastal zone and is covered by Coastal Development Permit No . 87-17 . �.. 4 .I � YEzVi'MFITSTATE( The project is located within the Main-Pier Redevelopment Project Area and in a joint; application between ItLM Properties , Inc . and the City Redevelopment Agency. The project is located within Districts 8b and 9 of the Downtown Specific Flan. ,._S3�@ Ci 4?Ji_..� = •'r ' E: : Not Applicable Article 927 (Mobi'!ehome Overlay Zones/Femoval/ReLoning/Change of Use) of the Huntington Beach Ordinance, Code establishes procedures and standards which must be complied with before a mobilehome zoning district can be removed . The MH district was applied to Driftwood in 1982 in order to provide the protections of Article 927 to the residents . Article 927 requires that a Notice of Intent to Close or ro`one a miobiIk",home park be delivered to each owner and the City at: Least 18 month:; prior to scheduled park closure . The Article also requires that: an Impact of Crnver. sion Report and Relocation Assistance Plan be submitt:c' by the applicant and approved by the Pltinninq Cominir.-., ion prior to any rezoninci ur park closure . Lastly, Article 927 requires that certain cthor findings be made relative to consistency with the General Plan, impact on housing and the appropriateness; of the proposed zoning . The applicant served notice to close the park on May 15, 1987 , and the first development: phase (if approved) is scheduled for construction in November 1988 . This meets the 18 month criteria established by Article 927. An Impact of Conversion Report and Relocation Assw istanee plan have 41so beer; prepared and submitted to tho Planning Commission for app►-&oval . The project which is proposed for the site is a combination of destination resort hotels, recreation facilities and high density residential . These uses are fully consistent with the General Plan to well as Districto 8b and 9 of the Downtown Specific Plan . The Ralozftatian Assistance Plan propose$ to replace aprroiimately 100 of the mobilehome spaces at Driftwood with now spaces at the Oceenvlew Mobilehome Park and will also offer residential units within the proJact for Driftwood residents at a reduced rated . Considering that replacement mobilehome spacers will be constructed; and Staff Report - 6/0/08 (0592d) additional housing will be constructed on site as part of the pvoject, findings can be made that the change of use will not have an adverse impact on Housing Element policies for the provision of a range of housing opportunities . In order to remove the MH designation from Driftwood) Mobilehome + Park, it is necessary to amend the Downtown Specific Plan . Sections r 4 . 10. 14 ( Distri_,.;t 8b) and 4 . 11. 12 (District 9) of the Downtown Specific: Plan establish Mobilehoines as the primary permitted use on the Driftwood site . Section 4 . 16 of the Downtown Specific Plan establishes the legal boundaries of the M11 designation on the ' Driftwood site . Zone C};ange No . 87-7 has therefore been proposed to delete Sections 4 . 3.0 . 14 and 4 . 11 . 12 from the Downtown Specific plan As well as Sec.ion 4 . 16 in its entirety . Deletion of those sections will leave Districts 8b and 9 as the primary zoning on the Driftwood site. The Conservation Overlay, Floodplain Suffix and Oil Suffix will also remain on thi ;site . Staff recommends that the Plann-.nq Commission approve Zone Change No . 87-7 with the following findings and ;recommend adoption by the City Council . 1. The proposed zoning designations of Downtown Specific Plan Districts 8b and 9 ara consistant with the Huntington Beach General Plan and all elements -;.hereof . 2 . Due to the provisions of the Driftwood Relocation Assista,ice Plan and the fact that the project: will include a substantial number of residen�-ial units , the proposed zone change will not have an adverse r.ffect upon the goalp and Folicie:, for provision of adequate housing for all Economic segments- of the community, as scat forth in the Housing Clement of the Huntington Beach General Plan . 3 . The property which is the subject of the proposed zone change would be more; appropriately developed with the uses permitted under District 8b and 9 of the Downtown Specific Plan . 4 . An "Impact of Conversion Report" has been submitted by the applicant; and found to be adequate by the Planning Commission at a public hearing . Such findings veers consistent with those required by Section 664Z7 . 4 of the California Government Code and Article 927 of the Huntington Beach Ordinance Code . 5 . A relocation assistance plan has been submitted by the applicant: and found to be adequate by the Planning Comwission at: a public hearing . Staff Report - 5/A/88 -4- (0592d) .w.. i, 3.. 0 AU ROM)ITIG LAjJQ U&E�ZONING-AND GENERA. PL N_�SICIS GENERAL PLAN DESIGINATIM Rich Density Residential and Co;unexcial/Support Recreation ZONE : MR (Mobilehome District) combined with DTSP Districts 8b (High Density Residential) and 9 Commercial Support Residential LAND USE: Mobileho►ne P&rk North _�lt���_��SSloerty� GENERAL PLAN DESIGNATION: tedium Density Residential ZONE : K19-CZ--FP1 (Mobilehome, Coastal Zone , rloodplain) , R2-PD--CZ--FP2 (Medium Density Residential) LAND USE: Mobilehome Park and Condominiums %ENERAL PLAN DESIGNATION : Commercial , Medium Density Residential , Conservation , Visitor Serving ZONE: C4 (Commercial) , R4 (High Uensitf Residential) , Wk-•0 (Residential Agriculture ccrribined with oil LAND USE: Shopping Center , Apartments , Resort and Boat Sale. South_.szf._k issuePrnnz% a: CENERAL PLAN DESIGNI?TIOP : Recreation ZONE : S1-CZ-FP2 (Shoreline District) LAND USE: State Beach Wgfitjof Subl CL Erg R y: GENERAL PLAN DESIGNATION: MO Density Residential, V1sitor Serving Commercial ZONE:: DTSr Districts Sa (tiigh Density Residential and 7 (Visitor Servring Commercial) LAND USE: Vacant: 4 .0 , ,.. $'QNMErt&L j#=jj Zaria+ Change No. 87-7 is covdi:ed by Supplemont to Envirininental Impact Report No. 87µ2 . SEIR No. 87-2 was distribute4 for a 45 4ay public review which ended on February 28, 1988 . STIR No. 87-2 must be approved by the Planning Ccmmi$3ion prior to action on Zone Change No . 87-7. Staff Rrtp*rt - 8/8r88 =2- (0592d) �! the project is ?occted within the Coa,. t.a l Zone and is cover:cct by Coastal Develooment t_.'m � t No . 117- 17 , The project i :i 1oeaU_,,t' witli n i_i'lc- Pro ; ec:L Area and is a joint application bet:.weer. RLT.'. Properties , Inc . and the, City Redevelopment Agency . The pt:oject izi located ed wati,Ja District.: Rb and 9 of thr DowntUvill Specific Plan JL.. ?. SU n7�7. ? Not ALr)licaL'le ArLic:le cj- 7 (Mobi leh-rne Ovc,.riay of Use) of the :-itirltinatcn He<;ch Ordinar. cy Code establishes. procedures and standards which must be compl:ted with bef_orn a mobilaho ae zoning district can l;e removed . The Mil district wi3s applied to Driftwood in 1982 in order to provide the protec` --on- of Article 920/ to res i "i nt-s . Article 927 regniros that: a Notice oF Intent: to Cl.es-.�! or ;:ezonte. a mobile'home parr. be deli_ver d. to each and tho City at least 1P ' iront.hs prior to achedu.ed park closirrf:: . The Article ;+1so requi;:e s t:hat: an impact: ofConversion P.ego%,-t and Relocation .Assistance Plan }7i? $�a�l1'.t '��:k`V. i:)'�r u�i�' �.F)r� l.CclTlt .31"1�1 81?;=% �_,Vf:rj vY t=i1:.; k�J. 7i1T ing commiW ;.- n prier to any rezoning or. park cl.osuro . Lastly , Article •�, 927 requ-, ,'es that: crrr:train otrhsr findings be made rel.ati.ve to cone7.�t:ency wri -Lh the General Plan, impact: on housing and the appropri zateness of the proposed zoning . Tho? applicant served notice to close the park on May 15 , 1987, and the, first development phase (if approved) is scheduled for construction. in November 1986 . This meets the 18 manta criteria estnblished by Article 92? . An Impact: of Conver.sien 'Report and Relocation Asuiswance Plan have also been prepared and submitted to the Planning Commission for approval . The project Nhich is proposed for the site in a combination of destination tench hotel$, recreation facil.iti oal and high density residential . These vses are fully, consistent voith the Gener6l plan as well as Districts 8b and 9 of the 1Downto%n Specific Flan. The Relocation Assistance plan pro;iooses to replace approximately Ida of the mobilehome apaces at DxAftwond with new spaces at the 7cean.view mobilehome Park and will : lso after residential. units frith;.n! the projset for Driftwood resident u at: a red eed rated . ^onsiderinc, that replacement mobi lehorne Spaces will be crins eructed, and Staff Report - 6/d/88 (059243) +r .. additional housing will be constructed on site as part of the project, fi»dings can be made that the change of use will not have f an adverse' impact on Housing Element policies for the provision of a range of housing opportunities. In order to remove the MH designation f om Driftwood Mobiiehume Park, it is necessary to amend the Down.own Specific Plan. Sections" 4 . 7,6. 14 (District 8b) and 4 . 11. 12 (District 9) of the Downtown Sk�ci►fic Plan establish Mobilehomes as the primary permitted use on tho Driftwood site. Section 4 . .16 of the Downtown Specific Plan establishes the legal boundaries of the MH designation on the ' Driftwood site. Zone Change No. 87-7 has therefore been ,proposed to delete Sections 4 . 10 . 14 and 4 . 11 . 12 from the Downtown Spricifis plan as well as Soction 4 . 16 in its entirety. Deletion of, those sections will leave Districts 8b and 9 as tha primary zoning on� the Driftwood site. The Conservation Overlay, Floodplain Suffix and Oil Suffix will also remain on the site. JD • Q .�3FA1S2MNDATJQJi: Staff recommends that the planning Commission approve Zone Change No . 87-7 with the following findings and recommend adoption by the City council . ElEDItl GS_JMR__APPR0VAL_ - ZONE CHANgE jJO B7-Z.: 1 . The proposed zoning designations of Downtown Specific Plan Districts 8b and 9 are consistent with the Huntington leach _ General Plan and all elements thereof . 2 . Duey to the provisions of the Driftwood Relocation ABsist'ince Plan and the fact. that the project will include a subs tiintial , �. number of residential units, the proposed zone change %?ail• not; . , have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the. . community, as set Forth in the Housing Element of the Huntington Beach General Plan. 3 . They property which is the subject of the proposed zone change would be more appropriately developed with the uses permitted under District Sri and 9 of the Downtown Specific Plzn . 4 . An " Impact of Conversion Report " has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing . Such findings were consistent with those required by Section 66427. 4 of the California Governnent Code and Article 927 of the Huntington Beach Ordinance Code. 5 . A relocation assistance plan has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. Graff Report - 6/8/88 -4- (0592d) r 1 `VP t I• 1 . Avol 8<ap } 2 . Oidin*nCe 3. Letter from Jahn Bicker dated May 13 , 1988 XA:MB s f r :q I�1 f '1 q7 Staff Repert - 8/8/88 (0592d) t 0Mr Y _ �• ..�� is +, x !1 0 yJ O-d >�Lta-ftii•1�� � � .,, 1} � �R '� � �i!i.i:!liIIEI?Pii��{i�ifii:: .lss ltl�ii iiii' •� r '{M�ullr � � !' FY! '.� � r y ..4 r; l�fi�• it�s '" I llUjli '�1[, � r' �• i.. i 'Iltti t�j�'=' ii!� 'f{�gI!`.��� 1+.I!i• � rr•r, ar i q ! {a{ . •`•.,�+, 'N � �iy r ��y ! �i� ' 'ii!}I' illll ' Hill# , •ip c 1 � ' t { Mll`� 84!! !sni`"iti#lll VI UM .itiii{{t. rho j•. t;�� ir is '� .r, •�,, � � � n!i• Ze jib!! liiilili l� v :y�lij wb t; ,t4p ar ._J 1 1' / l 1, 1 ORDIMANCF NO. G AN ORDIN ►N'CE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE By DEVISING SECTION 4 .,10 , 4 . 11 AND 4 .16 WITHIN Ti:E DOWNTOWN SWIFIC 'PLAN TO DELETE THE MOSZLEHOME DISTRICT FROM DISTRICTS 8B AND 9. WHEREAS, pursuant to the California Goveinutent Cade Sections 65863 4nd 66427 .4 , tNe Huntington Beach Planning Commission and the Huntington Beach City Council have had separate public hearings relotive to Zone Change No. 07--7 wherein both bodies gave carefully considered all information presented at said hearings, and after ,due. consideration of the findings and recommendations of the PIanhiAl commission and all evidence . presented to said City Council , the `Ci ty Council finds that such code amendment is proper and consistent wiib the deneral'- plan. NOW, THEREFORE, The City Council of the City of Huntington peach does ordain as follows : SECTION 1. The City of Huntington Beach Ordinance Code- is hereby amended by revising Sections 4 . 100 4 ,.11 and 4 .16 and delete , 4 :. the Nobilehome District from Districts Ob and 9 . To affect tfiia change, Section 4 .10p 4 . 11 and 4 .16 of the Downtown Specific p14it, shall read as follows : S. 4 .10 .14 Mobilehome District W Deleted w� S. 4 . 11 . 1 Mobilehome District - Deleted So 4 . 16 Mobilehome District -- Deleted w 1 •r �MY{r,i 1 1 1 ; SECTION 2 . This ordinance shell take effect thirty dal , after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Baach at a regvlatr meeting, thereof held on the � day of 1988 . ` Mayor ATTEST: APPROVED AS TO FORM; EVIhWED AND APPROVED: INITIATED AND APPk0' V8D ; City Administrator Director of Community Deaelopmeoj,,e r i ,r I be 2 I i ... 1 I 1 h 1 (f' Hano w' e Mayor City ComielI and May f loss Mo nben of the 0lanning Commisslon 1f -�' C E I V E D =0 Mohr Street Huntington BeveN CA 92AS MAY 16 1988 ICE: Drifftwood Mobile Horn Park DEPARTMENT OF Dar City CounciCommission:/Planning Commission: COMMUNITY DEVELOPMENT PLANNING DIVISION submit the following information with a respect and as the tenants representative for Pacific Meblle Home Park. As you are aware from, my previous correspondence and contact with the city council and planning commission, my background will hopefully qualify the points I wish to make. It seems 'thot the control the city planning/redevelopment staff and the political influence of the big money developers had over the previous council in outlinircq and e'mowsizi6oi selected Information is continuing with the present council. City sniff,' In pursuing the ail-ce4vothing concept. of planning, has overlooked that redevelopment is only one tool and that ttra redeWgmvnt law Vatess "can newer be used to make a better use of planning of an aria w This law gas on to say: "one man's land cannot be sleged by the government and sold to another man merely in order that the purchaser may build upon It'a better txxT* or a house which better meets the government's idea of what is oppropriate and well deesigrled." The following izes Driftwood Mobile Flo." Park in particular: r i . • The complete Driftwood area is zoned High Density/Conservation in the northern half and Corrimerclal/Support Recreation in the southern half. Contrary to the newspoper articles and the public concept that the mobile home park will be reput ed with Four hotels, the maj orlty,of the area in question is actually to be rpploced with noWently more influential residential units. 0 In the Huntington Beach Coastal Element, Section 9.4.4,-page 126 (August 19800 Revised 1.984, LCP Cartif lid March 1%5), "The northern half of this site Is igL--A far seaidehtial 'uie with a mobile home overlay. The rest of this area has been desiV"U.ad dm:corritnerciall.uppoft recreation to reflect existing uses and ass a potelitiol'f lture $its of a major commercial/recreational devalopment to complement the city beach. e Section 9.3, page 107, also in the Coastal Elements, "The City Mousing Element states that the city is to encourage the retention of existing mobile homes and Investigote the areas of potential new mobile home zoning." 0 The Driftwood Mobile Horne site is within an Environmentally Sensitive Habit area as defined In Section 30233 and 30411 of the Coastal A0. it states that "Public vehkwlar traffic broil be pr,ohlbited and no future subdivision of any parcel shall be permitted until such time as the permanent protection of the wetland is assured." 0 The entire Driftwood area as adopted under the Community Redevelopment laws is now considered a "blight" as defined in the Presumption Clau.., � according to Chapter Ir 'Article 3, Division 24 of the California Health and Safety Code. In order for the city to hove included this area orinInally under reds lielopment it must be proven a physical, social or ecorrornic burden on the community. While the area in question 1 f 1,I f b womb 1 dale not rr►eet this Criteria as a vIdenced by the seventeen other mobile home parks in , the cewrwnity, and "blight" as defined In the redevelopment lows state "no building or structuree used for living are unf It or unsafe for omi(Ancy and does not conduct to ill health, trumv Isslon of disease infarct morality, juvenile delinquency or crimp;",the area ha: obviously been included In redevelopment for other reasoning. The rr-'evel�apmant law also says, a violation of a city ordinance has no statue of ttrnitatiaru. e The entire city defined areas of redevelopment and arterial street alignments wil I M continue to have an adverse effect on Poeiflc Mobile Home Park in spite of the park owners wishes and written statements to remain a mobile home park to utilize their expertise and fulf III a desired and necessary housing element within the city. e T'na proposed expanded level of rood alignments in and around the project area will not possibly handle the density of Intended development no matter how statistics are prewrrited to justify these traffic counts. e Plane refer to my many post correspondence to the city council and planning commission regarding the uitimate.fate of Pacific Mobile Home Park. These letters detail the effects of surrounding arterial alignments, proposed density levels, the positive bo*fIts of mobile homes In a community as defined in "The California," May 1987 Survey and Driftwood Mobile Horne Park. e The Huntington Beach Mobile: Howse Protection and Relocation Ordinance 927 locks many desired necemitiees including fair market values. The establishing market values that are based In Re4l Estate law, banks and financial institutions and appraisals before a "notice of intent" is served, strongly becomes a depreciable i stand alone lass value and burden when this notice has been served. e The city owned.Mushroom relocation park (Ocean View Mobile Estates) has actually becorne a mobile home "cemetery" concept emphasizing, sadly,,a minimum age group of tenants who won't be around in 15 to 20 years so the city can turn the area Into a recreational vehicle park. Any and coil vested interests, values and equities are Completely last by owners who are then forbidden to sale their mobile homes. e The Robert Mayers lane.for.the redevelopment ay p of the entire Driftwood area only makes reference to the.MobileHome Owners protection and Relocation Ordinance 927, but•xa)is nothing of the additional protection and asslstaft entitled to this mobile home park through the Coastal :act and the Mobile Flomee Residency Law in Section 798.56 of the California Civil Code. • The agreement commencing February 1 1963 and terminating Januory 31, 2013 between the city and RLM Properties Aobert Mayers) states that it cancels and replaces all prior I .rases and amendments by the le 1.or (city) with respect to the promises. As amended and restated Nov*rnb er 29, 1983, it is expressly understood and agreed that this lessor will not, In any way, for any purpose, become a partner of the lessee or will participate in a joint venture. California Real Estate Law and Federal government codes have further restrictions on government owned land and require on open competitive bid upon a default and/or termination of the lease by the lessee, but has to be for a period eo"ral 'to the remaining term of the lease! (2013). Rvi egotlating an existing government lease with only the present lessee is a denial of the open corrpetitive bid recluiremernts both at the present re•rcegatiotion date and original termination date.. Y4 son& 3 c�ouki Or*Wke volumes more dialogue but I'm certain that It's all been hea+"d. In conclusion, I would Ike to urge every eleet+ed aria appointed official that the people speak at elect Ion°timq, They s eb vote, Please consider keeping the City or Huntington Beach a residential community W.Auio many of us residents don't want to be an extention of Santa Monica, Honolulu or F" Disneyland. 11esp*tfu I Iysubmitted ;. Gretchmtn M. pence 3 ;.fir. RECEIVES 4 f; Gretchen H. penf a MAY 2,01988 kt 21462 Pac1f 1C Coast "Wy. DEPARTMENT OF Space 324, (71.4) 536-=01 16 COMMUNITY CEVE.os'11CF,T � Huntington Beach, Ca. 92648 RANNINU ara:swN may 16, 1968 Pity of Huntington Beach Planning Commission 2000 Main Street Huntington Beach, Ca. 92648 Keaerenre; DriftwoW 119wh Club Mobile Homo Parr Conversion Ow Members of tfie Plannlr*Cornrr fission: For tree record, I am addressing the aIt)dve referenced overlay zone removal on the denoa for pu;llc he-3ring try the Planning Commission May 24, 1988. vut only am i against the overlay remova4 I am against Mayer's waterfront project entirely, both in community-coricept and City participation. Following are some of the arew of the protect that I find objectipnab le: 1. Ct IMUNiTY EFFECT: Through the guise of the Redevelopment Agency the City of Huntington Beach seems to be undertaking to create a developers paradise. Oult,e pmlbly this is'net in harmony with the feelings of the residents of the City. the extreme.haste'on the part of the City and the developer swm4o suggest that this might mit be In the best interest of the voters, water, sewers, Highways, protection's ayai lab lie �rervice and housing seem not to bear consideration. Perhaps the people of Huntington Bew.h don't went this type of explosion to alter their lifestyles, 2. PEAWNAL EFFECT: Contrary to the unilateral narrative presented by player's r.i.R., this orniect immediately displaces 237 affordable family units that house pi imaril,� retired and elderly senior citizens. Contrary to political opinion is the fact that; although uneCknowleW by RLM Properties, Ltd., thew Seniors and their lienholders were assured of tennancy through the year 2013 A.D. As yoti read this, those residents are not assured of their residential future &W than by minimum protection afforded them by statue. I am one of those Seniors, the widow of a land developer. f : r :I f 1' i ,r� Iti W R otin� existing lame between parties, with the es�ressed intention of vl; i0f1wowing factor Is Interpreted as o third party injury. The written xw/c o" lw'� v*lle harts use to the rav;able eaa2013 by selected parties implies that r�rtstgotia�tian is to set up conditions and financing aimed at the land :ape at tha expense of othrrs. Sad an this tnfarrnatlon, I hope I hn4 providej some ardditional insight, thinking and statistics that AI be benaflcial durum your decisivor•making proem. 1 As always,please do not hesitate to contact me if I can be of any further awlstance. 5f ,fly, i ,RAJ .0 . ,► SisIcer ; so Huntingtop St., 0266 WWI CA. 92648 • tr i ay 5;t6�38� (714) S3&3SS It ext. 227 pc: Ca►ifarnia Coastal Co nm' I"lo t Dspoftnwt'of Fish and Game �- and CoIty Development Cq�r ordo Realmrrn Estate Comrnlasion Golden State Mobile Wane Owners League r ,y I: 1 J+-r• *A RZBOLUTION NO. 1995 A RESOLUTION Or THE PLANNING COMMISSION OF TRZ CITY OF HUNTINGTON BEACH , APPROVING AS ADEQUATE FETE DRIFTWOOD NOBILEHOWL PARK IMPACT OF CONVERSION REPORT WHEREAS, Section 9270 .4;f) of the Huntington Beach Ordinance Code requires that prior to change to use of a mobilehome park that an "impact of conversion report" be submitted by the applicant and found to be adequate by the Planning Commission at a public hearing; and An "impact cf conversion report" has been prepared in accordance with the above--mentioned ordinance code section; and The "impact of conversion report" which has been prepared addresses the following items : ( i) The date of the manufacture and size of each mobilehome in the park. ( ii) The makeup of existing households , including family size, household income, length of residence, age of tenants , owner or renter, and primary or seasonal resident . ( iii) Replacement space availability, monthly rents and coach acceptance criteria in mobilehome parks within fifty (SO) miles of the City. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby approve the Driftwood Mobilehome bark Impact of Conversion Report . REGULARLY PASSED AND ADOPTED by the planning Commission of the City of Huntington Beach on the 8th day of June, 1988 by the following toll call vote: AYES: Slates, Livengood, Silva, Leipzig , Ortega , Bourguignon NOES: None ASSENT: Higgins ABSTAIN : pane ATTEST► : .t�2.Ja •r ike Adams Victor L ip i Planning Coiamidsion. Secretary Planning Commission Chairman (0610d) T � i r r 1 (b) Offer each owner a written first right of refusal to purchase a unit constructed in the residential section of the proposed development. (2) Pukchase from the owner the mobilehome and all optional equipment and/or stag-a-longs and expendo rooms at the owner ' s original purchase price depreciated at 4 . 7 percent per year as stipulated by Article 927 with a minimuu:a buyout: of $4 , S00 . , and pay up to $500 for moving expenses; ani (a) Reimburse mobilehome owner an amount equal to 50% of the difference in one year ' s housing costs up to $750 . _ and (b) Offer each owner a written first right of refusal to purchases a unit constructed in the residential section of the proposed development. MOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby aggrove the Driftwood mobilehome Park Relocation Assistance Plan. RSGULARLY ;PASSED AND ADOPTED by the Planning Commission of the City of Huntington reach on the 8th day of June 1988 by thy; following roll cal'x vote: AYES: Slates , Livengood, Silva, Leipzig, Or' ega , Bourguignon NOES: Hone ABSENT: Higgins ABSTAIN: bone ATTEST: fr � Mike Adams � Victor L ipzi Planning Commission Secretary Planning Commission Chairman 0594d IMLUTIO N 1396 A MOLUTION OF THE MANNINO CO.MMISSIOp OF THS CITY OF MUNTIMMN DZACH, APPPO"VING AS ADEOVATE THE DR177NiOOD MOBILEHOME PARK RELOCATION ASSISTANCE PLAN ( IBYT A) WHIMAS, Section 9270. 4(g) of the Huntington Beach Ordinance Code requires that prior to change of use of a mobilehome park that a "relocation assistance plan" be submitted by the applicant and found to be adequate by the Planning Commission at a public hearing; and A "relocation assistance plan" (Exhibit A) has been prepared in accordance with the above mentioned code section; and . The "relocation assistance plan" which has been prepared proposes the following forms of assistance : (1) Offer to purchase mobilehome ftom each tenant at its "in-park-value" as of November 1, 1986. (2) Offer such tenant the option to relocate his or her mobilehome to a new mobilehome park to be constructed by the Agency. (3) Offer each tenant the opportunity to relocates his or her mobilehome to any licensed park in California . (4) Offer each owner a written first right of refusal to purchase a unit constructed in , the residential section of the proposed development . The purchase price will be discounted 10% or in the event that the housing is offered for rental, a discount of 10% off of the rental rate will be off©red for the first year of rent . if the;'6,enant does not accept one of the three alternatives outlined above,',..the following forms of assistance will be offered in accordance with Article 927 . ( 1) Pay for the cost of disconnection and breakdown of the mobilehome, transportation of the mobilehome, and all readily movable aappurtenanceo and contents to a site thtit is located within 50 miles of the City of Huntington Beach and the cost of hook--ups mw the new sit'a; and (a) Reimburse mobilehome owner an amount equal to 50% of the difference in one year ' s housing costs up to $750 . ; and , ` REQUE ► r FOR CITY COUNCIL TION low Ev ba+tt lea►: Honorable Mayor and City Council lubmitW by: Paul E. Cook, City Administrator • 6L_ Eby: Douglas X. La Belle, Director of Community Develop Subim: PRFAi T9N PLAN! OIL STREET ALIGNMW NO, 98--1 Conmiftnt with Council Policy? Xym t ] New Policy or Exception State"""of ImA, RacommumUtion, Analysis, Funding Source, Alternative Actions. Attechmenw. precise Pian of street Alignment No. 8a-1 is a raguest by the City of -Huntington Reach to establish the precise alignment of Walnut Avenue batween Lake Street and Beach Boulevard. This precise aligraw-nt is necessary for the Waterfront projoct, but is also necessary as an integral part of the ,µowntown circulation system. ' Pla:oning rb issign .,=Jon on �71un 22 . 19U ON:. NOTION BY SLAT,:,;:S AND SECOND BY LIVENGOOD, PRECISE PLAN OF STREET � ALIGMiENT NO. 88-1 WA8 APPROVED AND 9 CO01ENDED FOR ADOPTION BY THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDED AGREEMENTS BY THE FOLLOWING VOTE: AYRS: Slates, .Livengood, Silva, Leipzig, Ortega, Higgins MORS: Hone AgUNT: Kirkland ABSTAIN: None 1. A Mabilehome Acquisition and Relocation Agreement be approved by the City Council, and executed by 'the Redevelopme:tt Agency, RLM Proportion, Ltd. and the Driftwood Beachalub Mobile Homeowners Association, Inc . In the ovent the above parties are unable to finalize a written agreement as to the Mobilehome Acquisition and Relocation Benefits, the Waterfront Prnjelct and all related approvals will not go forward without going back to the Planning Commission for full public; rehearings as to all matters considered by the Commission w',th regard to the Pic alto i" t:H Vr' r/*�, •�y i�' l Ju r Waterfront Project. The Association and its members shall be entitUd to participate fully at the rehearings without prejudice. a. An a rep+�nt be entered into by and between the City of Hunt n ' " :each and the owners of pacific Trailer Park. The agreement shall f.nelude the fallowing items, a . The terms and procedures of acauisition and improvements, ~ � both off-site and on-site, necessary for the walnut Avenue xxtension adjacent to pacific Trailer Park. b. The forms of assistance to be provided to Pacific Trailer Park residents displaced as a resent of the Walnut Avenue Extension. in the event the above parties are unable to finalize. a written agreemt,at as to itema 1 and 2 above, Precise Flan of Street Alignment No. 88-1, will not go forward without going back to the Planning Commission for public hearing. stiff UGG 1. Staff recommends that the City Council adopt Precise Plan of Street Alignment No. 88-1 after antering into the above recommended agreements. Precise. Plan of. 'Street Alignment Ito. 88-1 proposes to align Walnut Avenue between Lake Street and Beach Boulevard. The adopted. City Ckiculation Plan designates this segment of Walnut as a .,primary arterial. The street, Niel 'be located approximately 380 ,feet north gf, , .and` roughly- parallel to, ,Pacific Coast High4ey' cur4ing slightly ncerthward at the issetern end of the segmertt to "TO into-' Boulevard. The' e�aension , is approxImatelp, 7/10 •mile long, interiectinq Huntington Ctreet .approximately 380 feet north - of Pacific Coast Xighetuy , (Just* north of the bend in Huntimgton Street.) . The ""tension will be 90 feet wide, and will include two travel lanes ane a bike lane in each direction as well as a raised Medlin' . Although 'e':'priaeary arterial is usually 100 feet in width, a 90 foot width, fcr "aleut was agreed upon by the. City in a 1988 arsea ent with the Uvatington Beach Company. The City agreed to accept `dedication end install improvements for the portion of W21mut Miernuo passing through Huntington Beach Company' property between Like Street and Huntington Street, at ouch time" as the property develops. The portion of walnut Avenue between Huntington Street atd Peach Boulevard swill be constructed should the waterfront project be approved. The street would be constructed in phase in Conjunct ton with the project phasing, to includa the porticn between HuntinSton Street and the eastern edge of Phalle 1 with the Phase 1 Hotel, and the reatsiW.ng segment to Beach Boulevard In conjunctior. with Phases 2 and 3. RCA 8/15/88 ( 105*d) 1 :f I i 1 i r� a.1 1 , The precise alignment of Walnut- Avenue will extend through portions of two existing mobilehome parks : Driftwood and pacific park. The residents of Driftwood Mobilehoin Park are being assisted by the f provisions of a Relocation plan and agreement required by ordinance prior to a change' of zoning. The Pacific Park residents were not Included its the Driftwood agreement because their park is not being reeacced or closed, and it is not in the project area . Approximately nines coaches at .tbae southwest corner of Pacific Park will be displaced by the Walnut Avenue extension, however. Prior to Council action on Precise Plan of Street Alignment No . 88-1, it is nectssary that agreements be entered into with bath the Driftwood Beachclub Nobilehome Owners Association and the owners of Pacific Trailer Park. The items to be covered in those agreements are, explained in the Planning Commission recommendation in this staff report. j no funds required . The City Council may deny Precise Plan of Street Alignment No . 88-1 . I � . i 1 . Ordinance 2 . Planning Coemainsion staff Deport dated June 22, 1988 . MA:HS:gbm ICA -- 8/15/88 (1.055d) V ' • M I \ wl • 1 • 41 16 wr o � 4 •�,` • r r EXHIBIT A r ,,,q. Y1' � ti 'r r . z ORDINA14CE NO. 2961 f AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING PRECISE PLAN OF . STREET. ALIGNMENT NO. 66-1 ALIGNING WALNUT AVENJE BETWEEN LAKE STREET AND BEACH BOULEVARD WHEP.EAS, pursuant to the California GovernmentCdAej the Planning Commission, of the city of Huntington Bench , after notice duly given , held a public hearing to consider Precise Plan of Street Alignment No . 88-11 and After notice duly given, hearing was held before this Council , and the matter having been considered , the Council finds that Precise plan of Street Alignment No . 88-1 is reasonably necessary to the orderly and efficient flow of traffic, for the preservation of the health and safety of the inhabitants of the City , and for the orderly development of the community . NOW, THEREFORE, the City Council of the City of Huntington . Beach lo*s ordain as follows: SECTION 1 . District .Map 16 ( Sectional L'aListrict Map 14-6w11 ) , marked Exhibit A, attached hereto and incorporated herein by reference, is hereby amended to include Precise plan of 'Street Alignment: No. 88--1 , to effect the precise alignment of Walnut Avenue between Lake Street and Beach Boulevard . SECTION 2 . The real property designated as Precise Plan of Street Alignment No. 88-1 i.s more particularly described in i Exhibit $ ,attached hereto and incorporated herein by reference . 1 _ 2961 i I L r•hr � "' • Y i SECTION 3 . This ordinance shall take effect thirty days after its adoption . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meetin4 thereof held on the 19th day of - Sd otenber , 1988 . �-�sir Maytwo/ ATTEST : APPROVED AS TO FORM: jf City Clerk C, Attorney REVIEWED AND APPROVED: �NITIATED ,AND APPROVED: City Administrator it c of Community D ment I b c 2 - ?.961 -. .no � - "r h "f 1 Ord. Na. M;l STATE OF CALIFORNIA COUNTY OF ORANGE• ss CITY OF MTINGTON BEACH I , COHNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of thee _ • City,-Ountll of the said Citys do hereby certify that the whole number of 'rnembers of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 15th day of August lg B,8,,, and was again read to said City Council at a regular *,vting thereof held on the 19th day of ber 19 e,8, and was passed and adopted by the affi mnative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: - Kelly,._Grea n,�Finley, Erskine,Winchell, Bannister.,_ NOES: CounciImember5: . None ABSENT: Councilembers Nona CUT 0E ROM o e ty er and- officid"CrPk c d" ; of the City Council of the City of Huntington Beach, California 211,101 WALNtTT AVZNUE CX 'Y OV HUN'.I'XNGW0N SMACH A STRIP OF WAND 90.00 FEET IN WIDTH OVER THAT PORTION OF FRACTIONAL SECTION 14 TOWNSHIP 8 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, CITY OF HUNTINGI'ON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED -IN BOOK 51. PAGE 14 OF MZSCEI.LAMUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENM LINE OF LAKE STREET. FORNMY FlftT ,ST'RiM 75.00 FEET WIDE, ANT? •THE NORTHEAST MIGHT OF WAY LINE OF PACIFIC COAST 'HIMMAY, FOR)MILY OCEAN AVENUE. 100.00 FEET WIDE. AS SAID STREETS ARE SHOWN ON THE MAP OF HUNMNMMN BEACH FILED IN BOOK 3, PAGE 36 OF SAID MISCELLANEOUS MARS, SAID INPERSECT'ION BEING NARKED BY A CALIFORNIA DIVISION OF HIGHWAYS BRASS DISC AS SHOWN,ON RECORD OF SURVEY NO. 87-1049 FILED IN BOOK 1170 PAGE'S 21',`AND 22 OF RECOM OF SURVEY IN THE OFFICE OF SAID COUNTY REORDER; *THENCE NORTH 40' 38' 10" UST 380.00 FEET ,ALONG THE CENIMR LINE OF SAID LAKE STREET TO THE TRUE POINT OF BEGINNING; THENCE SODUH 55' 19' 15" KAST 517.26 FEET TO THE BEGINNING OF 5000.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY 352.80 FM ALONG SAID CURVE 'THROUGH A CL47ML ANGLE OF 4' 02' 34" ; T�10E SOUTH 59" 21, 49" EAST620.02 FEET To TO THE BEGINNINGS CF ..A 2400.00 FOOT RAIIYUS CURVE THAT IS CONCAVE SOUTHWR,STERLY.. THENCE SOUTHEASTERLY '445.73 FEET ALONrA SAID CURVE THROUGH A CENTRAL OF 10' 38' 28" ; THENCE SOUTH 486 43' 21" EAST 787 .57 T0 THE BEGINNING OF A 1200.00 FOOT RADIUS CURVE THAT IS CONCAVE NUR't'HERLY; THENCE EASTERLY 879.28 FEET ALONG SAID CURVE THROUGH A CENI`RAL ANGLE OF 41' 58' 58" ; THENCE NORTH 89' 17, 41" EAST 159,78 FM TO THE EAST LINE OF SAID SECTION 14 AS SHOWN ON SAID '1EVORD OF SURVEY. / f L.S. 11 WO EXPIRATION DATE. DUNE 30, 1988 j� .�,.••- s'�• y LS. + W. 311 LG-0248 EXHIBIT 0 13�1 3 7/ / 7 ' 1 hwUngton broth department of community' dSrr e l m nndnt STAf ORT • rl TO: Planning Commission M: ccmmn,inity Development DATR: June 42 o lose RUWNCT s PRWISS PLAY UP STUM AUGMU ST NO. 68-1 City of Huntington Beach AM; Downtown 8pocifid Plan, Districts :7, 8 .and 9 ISM=: To align Walnut Avenue . between Lakes Street and visitor- 'Beach Boulevard. serving C rcial j High Dann it s deratial� t Approximstely 880 feet Miad-Use Commercial/ worth' of, and 'soy ghly itecreation pariilerl to, Pacific Coast Highisay, betweed Lake =I Vacant, Street and Beach boulevard. Huntington llesab Inn. Driftwood 'Nobi leehowe park LM.1►C2= (A) ApproVe precise Plan of Street Alignment no. 88-1 and reconsond adoption by the City Council subject to (s) and (C) as followso (e) a ir ation. that prior to City t"bUmil". action oil preciso Plan of Ldttoet Alignment so* Sa-it that a Nobi lethoara AMisiti�an and hetlocation Agra nt be .approved by t�#e C#� c6imll and executed by the itewdevelopownt Aq ,. =a ' P1060att; ,es"t 11d. and the Driftwood Neo'chc lub �ler H ea irs As*e di* Ion* Inc. in the event the above V arrties are',unable to - r ant as to t ,Ubbilehoerm -Acquisition► iuW 24100stion beriefita, the Waterfront' project iknd all related a ols,*11 not go forward withoot going. back to • the p amsomi . isMion for full public rehearings ss , to all ilaktesr; ooSider' ed br' the. Canalvillon 4ith regard to ' the 04tcrf"rlt The Association abe its ,sera shall be entitled t6 "rticipatle fully at the reherarints without ' psajudiee� ' 1 ' A M � tix / ,1•r (C) A recommendation that prior to City Council action on precise ' Plan of Btieet Alignment No. Be-IL,, that an aareonnt be entered ' into by and between the pity of Huntington Beach and the owners of eacifio Trailer park. The agrement shall include the follq+rtl8 itemms : 1 . "M terMs and prtaae4uros of acquisition and improvements, qt?� pf f write fired act-glta• peogo nary for the ifalnut Avsnue 2#6us$on adjacent to pacific Trailer park. i; 6TM4 oC assistance to be provided to Pacific 'railer R ik residents displaC®d as a result of the W lnut Avenue Iu t4e event the above parties are unable to finalise a written ogre nt es to items. 1 and Z above* precise plan of Street Align"14t not .W4 will not go forward without going back to they P14aniog coreiat'a a ion for public hearing . ,�Q CiBI1�,eJLL �isF�Ak]1TrfJN ; . The C tau cilt Qh dune e, 2984 , adopted Circulation Element. AmendooRt p, ;9,-1,. estiblishinq the extension of Walnut Avenue b itwroea 'l:.at q .$tribet ar4d seaori Boulevard. it was recognized that ttre exteiiiioa would provide so additional inland link between Lake Street a ud ReaCA ' soulevsrcl, ellsviatimg some traffic on pacific Coast Hit�l" tea;uut Avenue, wh*A eventually connected with' KainiltoqAv Me 0004` 41,26 provide asimproved means of travel, both e!-L 4►,t �uotiugtoa► •Reach and Costa Xesa, the Newport' and San Diego Fs ta��1.� axed points beyond. The propoaed pre' bixe plan of stcast: �►i�►n t V-i•l1 set the exalct locatfos, of the arterial . Trio eny4 rgm"gA *X-, impact of ,the proposed a l igWant was previously assessed 4 . the .t i,aim .of ci roul a t ion clement Amendment: No . 84-1. Ne gative D qc1Pr0k4qA NO,. 84-14 was adopted. by the City Council on June 4, 108*4... lie •aiddit:iona1 environmental assessment is necessary. 4 . 0 A�l��..8 s• , Precise 'plop; .99 $A.;0.ftt. Aligiment Err,. 884-1 proposes to- align Walnut Avenue tWftn:. Lads` Stg4ot a►a6�Bench Boulevard. Tie • adoptad' Ci ty CircM1.4t:1,64. 1.lan,. ignat*& this seat, of Walnut as- a primary a,rteiriax. The' street will be looe.ted. approximately 380 feet hort:h of, and; roughly parallel to, Pacific Coast Nighwbyo, curving slightly aortharar t Ole, moo kaern end of the segment to "TO into Beach Sauleva.0- T.40, onteneion. is approximately 7/10 mile long, intersecting Ku�ntington 8treet approximately sly 3901 feet north of PaclEic Coast Highway, (just north of the bond in Huntington Street) . The extension will be 90 feet wide, and will include two I i Staff Report w 5/8/88 - (4809d) I 1 M 1 1 travel lanes and a bike lane in each direction as well as a raised median. Although a primary arterial is usually 100 feet in width, a . 90.`foot width for Walnut was agreed upon by the City in a 1986 agreement yith the Huntington Beach Company. The City agreed to accept dedication and install improvements for the portion of Walnut Avenue passing through Huntington Beach Company property between Like Street and Huntington Street, at ouch time as they property develops . The portion of Walnut Avenue between Huntington Street and beach Boulevard will be constructed should the' Waterfront project be approvecL The street would be constructed.. in phases in conjunction. with the, project phasing, to include the portion between Huntlhotan,.Street and the eastern edge of Phase 1 with the phase 1 Mtel, ' 'and' the rem&ining segment to Beach Boulevard in conjunction with Phases 2 and 3 . currently, Walnut Avenue west: of Lake Street carries approximately 16na Average Daily Trim (ADT) Assuming dove lopment . con'sistent wi;:h the Downtown Specific Plan. and they Redevelopment Plan, the Department of Public Works has estimated that if walnut Avenue is. extended through -to Beach Boulevard (eventually to tie into Hamilton Avenue) * Walnut will carry 15 , 000 ALf T seat of Lake: Street and 10#400 ADT west of Lake Street,. a:chiding beach-going trips . With its primaxy , arterial designation, Walnut can adequately accommodate the projected traffic generation operating at Level of Service Or or stable flow of traffic. The precise alignment of Walnut Avenue will extend' through portionE � of 'ti ro. existing mobilehome parks: Driftwood and Pacific Park.., The res$diaiits. of Driftwood Mobilehome Park are being assisted by the pr9vie1oh3 of A Relocation Plan and agreement- requIreed by ordinance prior' to a change "of xoni.ng. The Pacific ' Park residranto were not included in the Driftwood agreement because their park in .not being resonad or closed, and it is not in the project area . Approximately nines coaches at the southwoot corner of Pacific Park will - be displaced by the Walnut Avenue eztensione however. The normal piocess in the event of ptdoe�rty acquii it on for .a public right-of'-way would be to pay .the affected property owners full market appraised value for their property. because of they special needs 'b .mobilehome park residents, howeverr, : a more extensiVeg agreeamxt'*Il1 be entered into with them prior to rights-of-way acquisAt op. After. ,Ming with the park owner and a tenant raor6 "tative, staff is recommending that Precise Plan of Street Alighaiihb go. 80-1 be approved by the Planning Commission with the coliiosring . additional recommendation. Prior tb, Council actions on Precise Flan of Street:,,Alignment No. 88-10 tnat. an agreement -tie entered into by and be' tween the City of Huntington .Beach and the owners of Pacific Trailer Park. The agreement shall includa the following items: A . The terms and procedures of acquisition and improvements , both oft-site and on-site, necessary for the wa l:nut Avenue Extension . adjacent to Pacific Trailer Park. Staff Report - 6/8/88 (0609d) 1 b. The forme of assistance to be provided to pacific Trailer park residents displaced as a result of the Walnut Avenue Extension. Staff fools that the above agr4eitent will ad*quateiy address the needs of the .Pacific park residents who will be displaced by the Walnut Avenue extension. The recommendations will also ensure the ptoperty owner of satisfaction regarding hoer the remaining park will be buffered from the Walnut Avenue extension . 5. a (A) Approve Precise Plan of Street Alignment No. 88-1 and recommend adoption by the City Council subject to (0) and (C) as follows . (B) A reoommendation that prior to City Council action on precise Plan of Street Alignment No. 88-10 that a Mobilehomee Acquisitiop aqd Relocation Agreement be approved by the City Council, and executed by the Beedeve:opment Agency, RIM Propertieas, Ltd , and the Driftwood Be3achclub Mobile Homeowners Aosoolption, Inc. In the event -the above parties are unable to finalize a written a reemnt as to the Wobilehome Acquisition and *elocation Beeneef ts, the Waterfront Project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matiois cons lder.ed by the Commission with regard to they Waterfront Project. The Association and its members shall be entitled to participate fully at the rehearings without pxejr�dica . (C) A recommendation that prior to City Council action on Precise Plan of Street Alignment No. 88-1, that an agreement be ontererd into by and between the City of Huntington Beach and the owners of Pacific Trailer Park. The agreement shall include the fo-ilowing items 1 . The terms and procedures of acquisition and improvownts, both off-.site and on-site, necessary for the Walnut Avenue Extension adjacent to Pacific Trailer Park. Z . The forsas .of assistance to be provided to Pacific Trailer Park' iesideents displaced as a result of the Walnut Avenue Rxtonsionw • In they +went the above parties are unable' to finalise a k-ritten agreement as to items X and 2 above, Precise plan of Street Alignment No. 88-1 will not 0o for wi.thout going back to the Planning Corrunission for public hearing . t The Planning Co�-nission may deny Precinee Plan of Street Alignment No. 88-.1 . Staff Report - 6/S1B8 -4- (0609d) M 1 A;. OEM 1 I4 r-+ Cyl, -�r• � N. � 1.61Il. y y • ��.T i�, 1/�• r iviainity map 2 • Location of Alignmnt a1' D* Q�riptftin invACO adopting precise PIOU r , Staff ►leport ••• 6/$/88 -5- (06094) of M cm-ry of HwrsT'jT,:xwcr or-z Hr,*&cH A MIP OF LAND 90.00 BEET IN WIVM'OM 1H4I' PORT10M OIL FRACTIONAL SECTION 140 TOWW.IP 6 SOCF 9 KOU 11 WE$T, IN 7HR PJMM LAS BOt.$A.'3. CIT'f W HVN IX TON 'BIA&do CONY OP` atom, maz Or ai.tPOiwA, A$ um 0" A NAPS FILE IN goox 51 , P"t 14 OF'XI$M.ANBAUiS MAPS ICI 7H8 WFICS OF 7HE COUM RWMIM OF SAID COUMd''F, TO C LLM OP WNL+CH IS DESMI ED AS FOLLOWS: COMENCINO AT THE INTER WTION OF TIM CW.M LINE OF LAKE 87I=a FORD kLY FIRST $TRW, 79.00 FED' WID$* AND 7W NORTl LaT RIMM OF WAY 41NN OF PACIFIC COAST JiIW WAY .Y :k►EA�i AVf 10�J.d0 P"68.'T WIDE AS SAID. S'17tEL'TS ARE SHOWN cw Tu (w HrlMt`INQ'PON BEACH ip= m BOOK 3, PAO& 36 Of SAID ,NISCEUAHM MAPS,"SAID INTERSECTION BSINQ PALM BY A CALYF'ORNIA DIVISION OF HIGHWAYS BRASS DISC AS SHOWN ON RUM OF SURVEY NO. 87-1049 1`ILEb IN D00K 1171 PARS ;1 AND 32' OF RECORDS OF SURVEY IN THE OMCE OF SAID COUNTY RECORDER; "THENCE H ,ATK 40" 38' 10" EAST 380.00 FEET AWNG TIDE CSNTLR LINZ OF SAID LAKE sTir 7O THEvE potrrr of HEGI,NNI,va; THENCE SOM 5 ' 19' igN BAST 517.28 FEET TO THE BEGINNING OF %ty00.00 F= RADIUS COVE ITIAT IS CONCAVE NOR.TMUMLY; THWE SOVTTHF.ASTERLY 352.80 M-r ALONG SAID MMVE TIMOUCM A CM,rMAL AMU OF 4' 02' 34"; THENCE SOM 59' 21' 49" EA.S'T 620.02 F1i�'t' TO THE Bk=INNINQ OF .A 2400.0a F0O''r' RADIUS CURVE Tmr is CONCAVE SOMA - WE514-S tLY; THENCE S(?U'Y`FiEAS'l�A1.Y 445.73 FEET ALONG SAID CURVE TWOOU 2 A CENTRAL OF 10, 38, 28" ; vrMCE SOUTH 48' 43' 21" EAST 787.57 TO THR 3EGINatIN0 OF A 1,200.00 FOOT PADIUS CURVE uAT is Comm HORZREaLY; THENCE EA.' TF my 879.28 FM ALONG• SAID LVRVE TKROUGH A CENTRAL ANGLI , F 42' 58' 58"; THEME NORTH 89' 17' 41" WT 159.78 MT TO THE EAST LINE 0. SAID SECTION 14 AS WXM ON SAID RECORD OF SURVEY EXPIRATION DATE: JUM 30, 2988 MAIM E L.S. u'�► tv. 3111 I 1 , y I ' r•IIF I wv ~ `J � r ORDINANCE NO . AN xY 0UNTINTGN' i�aJ1tUlNANtI•; k* '1iftt1 lCH AMENUrNG 1H' HUNTiNGTON 'HEACH ORDINANCE ' CODE JOY ADOPT#?,'NG FHECtSE: PLAN Ololi 4STRE l:L.IGNMEN'Y' I�iCI�.. , $$ 1 ,-;ALIGNING 1� , WALNUT AVENUE ' w �%1�� 1 ,� i BETWEEN LAKE STREET AND REACH 130ULEVARD NH>M�!@ JCS, ' purru; t t� thr Cal i fori is G,oVernmerit Code r the Planning Cor.imission of the City of HunLi.ngton Beach, after , notice duly given", 'heid a public hear Ling to consider Precise �Pla`n cif-'.Street A11ynitierit 'N1) . 88 '.1 j' and After ndtice duly, given, hearing was held : before this L'Cfljn ` ,:1 and the riciLter having teen cnnsidered, the Council finda that . Precise Plan of Street Alignment No . 88-1 is -,reasons.bly necessary to the orderly and efficient fluw of +traffic, for, the preservation of ehe health and safety 'of the I .ihabita' is of the City , 2i::id for the orderly -development, of 1 . tip community. HOW, THE'RErFORL che, City Council of the City of Huntington Beach does crdd' ir. as follows : SECTION 1 . District Map .16 (Sectional Di,etrict Map marked Exhibit A, attached hereto and incorporated 'herei,n .'by reference, is hereby amended to. include Precise Flan of Street Alignment No. 88�-11 to effect the precise a.1-ignment of Walnut Avenue between Lake etreel: and Beach govlevarde SECTION 2 . - The real property '-lesl gna ted as P.eci.se Plan of Street Alignment r�o . 88-1 is more part -elA arly described in Exhibit D, attached hereto and incaxporsted herein by reference . I I ,I i