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HomeMy WebLinkAboutMain Pier Redevelopment Projects Res. #129 -3/86-Eminent Dom REQUEA FOR CITY COUNCIPACTION RH 87-26 Date March 27, 1987 Submitted to: Honorable Mayor and City Council MemZWCharles•`W. Thompson, City Administrat Submitted by: � I Prepared by: Douglas N. La Belle, Deputy City Administrator/Redevelopme 4 Subject: ACQUISITION OF PROPERTY AT 310 FIFTH STREET (PAR STRUCTURE SITE ASSEMBLY ACQUISITION) Consistent with Council Policy? Yes [ ] New Policy or Exception V� Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: The City Council has previously authorized appraisals and the acquisition of properties within two locations in the Main-Pier Redevelopment Project Area as amended for parking structures. These locations are in the second block of Main Street, between Walnut Avenue, Olive Avenue, the alley, and Third Street, and the third block of Main Street, between Orange Avenue, Olive Avenue, the alley, and Fifth Street. Through our land acquisition consultant Offers to Purchase properties within those areas have been made. Property located at 310 Fifth Street is available for purchase at the appraised value of $290,000. RECOMMENDATION: Authorize the acquisition of the property located at 310 Fifth Street (Koury parcel) at the appraised value of $290,000. ANALYSIS: In August of 1986, the City Council sold Certificates of Participation to enable moving forward with the acquisition and ultimate construction of parking facilities in the Main-Pier Redevelopment Project Area as amended. Offers to Purchase have been made within the two locations approved by the City Council as parking structure locations within the Core area. The property at 310 Fifth Street is available at the appraised value. FUNDING SOURCE: f Certificates of Participation proceeds. ALTERNATIVE ACTION: r- Do not acquire available properties at this time. CWT/DLBap 3132h dIV P10 5/85 *� ��OTOGRAPHS • ACQUISITION APPRAISAL CITY OF HUNTINGTON BEACH _ A.P. 024-143-19/Koury l _ -- t :-------``— Sri-_ y _ Y b - Viewing easterly from Fifth Street. Subject is two-story building left of center. t...1 IV _ ... _ —_ ....,_.: ............. ..........,........+. .. ........... .,. ........... .......May.. ...e..:be•.n r,.. ..,.e...+...... �J `24— h ORANGE AVENUE A fs• In .h a •y •�C• I fj• � 14 1-�— — T ' 8 I I1 60 W w 23 e -� r. 2 2 y _ 2P / 2 3 1 y y 3 _ 22 iJ r/ 4 1e �� r / 2a / 17 N /"r�. /14 5P4 ,Wire-w•rt•id.18 919 _ ,.. 9 . ►--- 4 2017 I I 6! q 3 12 Mrs. 4 ° . OLIVE . i. c AVENUE Q 10 28 • 1727 2 (16 24 2s :11 3 2'1 23 19 31 zt y .N 4 2 P/ 2 W 20 X519 — 27 , iB 17 14 !8 /7 / 26 �J 3 i6 is 1 i 5' js 15 t 24 ,. ,,, ,J 3 .e 7 I Y / 28 12 iz ii IS 3 2 _T 25 „r• •�g (13 1O 9 104 S� / 9 9 /O 2 r r s r J 1 B 7 �0. . 30 ', — r. ; IZ. 6 5e s � g 6 •� 19 14 ♦ s 9 '^ 9 w $ WALNUT AVENUE y 4fARCH/949 HUNT/N TON BE GH MM. 3-3 NOrE ASSESSORS1 BLOCK 9 A55FS50R'S MAP \ 15 PARCEL NUMBERS BOOK 24 PAGE /4 SHOWN /N CIRCLES couVrr OF ORANGE zs' SUN DECK o VER 0 CA�PD�PT N Ilk h a \ C4, v Q r N v1 Oc � N V N NORTH. :E .r 201 { 0 • +t 310 Fifth Street i A. P. No. 024-143-19/Koury F - 3 Tat Plot Plan # J 111?16 "q R� REQUEST REDEVELOPMEN' *GENCY ACTION e�n 3 Date Submitted to: Honorable. Chairman and Redevelopment Agency Members Submitted by: Paul E. Cook, Executive Director �-( Prepared by: Douglas N. La Belle, Deputy City Administrator/Community Development Subject: MAIN-PIER PHASE I: CONCEPTUAL DEVELOPMENT PLAN ALTERNATIVES Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue,.Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Staff is seeking Agency direction for a desirable mixed land use concept for the 1. 75 block area at the northeast corner of Main Street and Pacific Coast Highway. Two alternatives are presented as follows: Alternative A is to construct a mixed-use project with a 160 room hotel, 20, 000 square feet of retail space and 3, 000 square feet of office space, in addition to 160 condominium units . Alternative B is to construct a 90, 000 square foot entertainment complex which includes commercial space,. office space and six-plex movie theater in addition to a 160 condominium units . RECOMMENDATION• Staff recommends that the Agency direct staff to prepare an application for a conditional use permit on the northeast corner of Pacific Coast Highway and Main Street to develop a mixed-use project, - Alternative B, for a 90, 000 square foot entertainment complex, huh ir�c}l,V�s commercial and office space, and a sin -pie movie theater41n"co'njjunction with 160 condominium units; and direct staff to prepare a code amendment to make necessary changes to the Downtown Specific Plan to permit residential uses on the ground level within District 3 along Pacific Coast Highway, south of Main Street. ANALYSIS: Presented for your consideration are two mixed-use development concepts for Main-Pier Phase I at the northeast corner of Main Street and Pacific Coast Highway. Alternative A includes a 160 ; suite hotel (8 stories) situated at the corner of Main Street and Pacific Coast Highway which includes 20, 000 square feet of retail space (including a restaurant) along the street level and 3,000 square feet of office space above. Also part of the mixed-use project at the northwest corner of Pacific Coast Highway and Second Street are 160 unit residential condominiums situated within a four story structure above a subterranean parking garage. PIO/1/85 • Alternative B is for a 90,000 square foot entertainment center (three stories) situated closest to the nexis at Pacific Coast Highway and Main Street with the 160 unit condominiums closest to Second Street. - The four story entertainment center will consist of approximately 23, 500 square feet of retail space at the first and second level along Main Street and along Pacific Coast Highway. Approximately 16, 000 square feet of office space is proposed on the third level and mezzanine. A 3, 000 square foot night club and restaurant are presented on the first level. Integrated with the retail space, oriented toward the Walnut Avenue frontage, is a two level six-plex theater with 1, 600 seats. , The design of the project is contemporary mediterranean architecture and does provide a building separation buffer of about 100 feet between the retail and commercial uses . Following is a zoning conformance chart which indicates areas where the project does not meet minimum requirements specified in the Downtown Specific Plan. In each case, the standards apply to the overall mixed use development (commercial/residential) regardless of whether it is the hotel or entertainment center alternative, unless otherwise noted. MAIN-PIER PHASE I HUNTINGTON PIER COLONY ZONING CONFORMANCE CHART Section Issue Required Proposed 4 .5 .01 Permitted Uses Visitor-Serving Residential project with CUP Commercial does not meet re- quirements in DTSP** 4 . 5 . 02 Parcel Size 10, 000 sq. ft. min.. 235, 962 sq.ft. 100 ft. frontage gross 170, 912 sq. ft. net 4 . 5 . 03 Intensity (FAR) 3 . 5 max. (825, 867 Hotel Alt. sq. ft . ) 271,714 sq. ft. (1. 1) Entertainment Ctr. Alt. 228,659 sq.ft. (1.0) Density 35 units/acre 160 units (175 units max. ) S * Requires Special Permit ** Requires Downtown Specific Plan revision RCA - 3/21/88 -2- (0191d) • • Section Issue Required Proposed 4 .2 . 02 Min. Floor Area 1 bdrm: 650 sq. f,t. 677 sq.ft. 2 bdrm: 900 sq. ft. 970 sq.ft. 4 . 5 . 04 Bldg. Height Max. 12 stories 8 stories - Hotel 4 stories - Ent. Center 4.. 5 . 05 Site Coverage Max. 50% - 85,456 Hotel Alt. sq.ft. 79, 587 sq.ft. (46%) Entertain. Center 89,699 sq.ft. (52%)* 4 . 5.06 Front yard setback 15 ft. min. 10 ft. to colonade* (PCH) 20 ft. to commercial building 20-50 ft. for residential 4 . 5 . 07 Ext . Yard setback Build to 5 ft. 10 ft. to facade (Main Street) Commercial plaza area at 5 ft. (Second Street) 15 ft. min. 15 ft. (Walnut Avenue) 15 ft. min. 10 ft. to colonade* 15 ft. to building 4 . 5 . 09 Upper ,Story setback 25 ft. avg. Exceeds average (above 2nd. story) (15 ft. min. ) 4 . 5 . 10 Public Open Space Hotel Alt. 20% of 19,331 sq.ft. net site area (15, 142 sq.ft. ) Enter. Ctr. 10% 20,351 sq.ft. (7,512 sq.ft. ) 4 .2. 10(a) Common Open Space 25% of. residential 47,341 sq.ft. floor area (34, 171 sq.ft. ) * Requires Special Permit , RCA - 3/21/88 -3- (0191d) Section Issue Required Proposed 4 .2 . 10(b) Private Open Space: 1 bdrm: 200 sq.ft. 60 sq. ft. * Ground Units (min. dim. 10 ft. ) (min. dim. 6 ft. ) 2 bdrm: 250 sq.ft. 60 sq.ft. * (min. dim. 10 ft. ) (min. dim. 6 ft. ) Above Ground Units 1 bdrm: 60 sq. ft. 100 .sq.ft. (min. dim. 6 ft. ) (min. dim. 6 ft. ) 2 bdrm: . 120 sq.ft. 120 sq. ft. (min. dim. 6 ft. ) (min. dim. 6 ft. ) 1 bdrm loft: 60 sq. 40 sq.ft. * ft. (min. dim. 6 ft. ) (min. dim. 4 ft. ) 4 .2 . 12 Parking: Hotel Alternative: 160 suites 176 spaces Meeting Rooms 0 spaces Restaurant 100 . spaces 10, 000 sq. ft. retail 50 spaces 3,000 sq. ft. office 10 spaces 336 spaces 184 spaces (152 spaces pro- vided off-site) *** Entertainment Center: Theaters (1600 seats) 533.3 spaces 15,925 sq.ft. office 53.0 spaces 23,575 sq.ft. retail 117.9 spaces Restaurant 100.0 spaces 3,000 sq.ft. Night Club 85.7 spaces 297 spaces 889.9 spaces (593 spaces pro- (890 spaces) vided off-site)*** Residential 1-1/2 space/1 bdrm. (condos) unit (112 units x 1.5) = 168 2 spaces/2 bdrm. unit (48 units x 2) = 96 1/2 'guest space/unit (160 units x' .5) = 80 Total : 344 345 * Requires Special Permit ** Requires Downtown Specific Plan revision ' ***Must be approved and located within reasonable walking distance of facility prior to issuance of Certificate of Occupancy or commencement of business . RCA - 3/21/88 -4- (0191d) Section Issue Required Proposed 4 .2 . 15 Main Vehicular Min. 28 ft. in 24 ft./26 ft. * Accessway width 4 .2 .20 Refuse Collection Must be within Provided Area 200 ft. of each unit 9080 . 60 Cooking facilities Not permitted in Kitchens pro- ** in hotel rooms individual suites vided in individual suites * Requires Special Permit ** Requires Downtown Specific -Plan revision Downtown Specific Plan: The Downtown Specific Plan describes the land uses intended for District 3 as the "hub of the downtown core, containing higher intensity, visitor-serving uses such as hotels, restaurants and museums along with specialty shops and beach-related commercial uses . " The Specific Plan states that the district provide for high density residential subject to specific limitations as follows : (a) The ground level of all buildings within District 3 shall be devoted to visitor-serving commercial activities (Section 4 . 5. 0l.b) . (b) High-density residential uses should be permitted only as part of a mixed-use project and only above the pedestrian level which should remain commercial (Section 3 .2 .3) Visitor-serving commercial uses must be a part of all development proposed in the District, with a minimum requirement that the entire street level, or at least one-third (1/3) of the total floor area be devoted to visitor-serving commercial uses (Section 4 . 5.0l.c) . (c) Residential uses shall be permitted northwest of Main Street, however, no residential units shall be located within 125 feet of Main Street (Section 4 .5 .0l.d) . (d) For projects on full block or larger parcels, up to one-half of the floor area may be devoted to residential uses (Section 4 . 5 . 0l.d) . (e) Residential uses are allowed only in conjunction with visitor-serving commercial uses. The required visitor-serving commercial portion of any initial construction shall be provided prior to or at the same time as any residential or office use portion. No residential or office unit shall be occupied until the required commercial portion is complete (Section 4 . 5 .0l.e) . RCA - 3/21/88 -5- (0191d) Modifications to these requirements would be required as part of an overall amendment to the Downtown Specific Plan. Should these changes be approved, the proposed development will be in conformance with the Downtown Specific Plan. The project entitlements, if approved, will not be effective until such code changes have been approved by City Council and are in effect. Compatibility with Surrounding Uses: The proposed project is located across Pacific Coast Highway from the pier, right in the "hub" of the downtown area. It is a prime location for visitor-serving uses such as retail, hotel, theaters and a limited amount of office space. The proposed hotel complex will be compatible with the existing Main Street uses and the mixed commercial and office to the north across Walnut Avenue. The residential project, located on the eastern half of the parcel farthest from Main Street and the pier, has been designed as a separate use from the adjacent visitor-serving uses through the use of view, light and air corridors. Districts 4 and 5 of the Specific Plan, located north of the proposed project, allow residential uses as part of a mixed-use/transitional area. The project will be compatible with future developments in these areas because it is a similar use. Residential uses are not unique to the Pacific Coast Highway frontage; there is current varigated residential construction activity on Pacific Coast Highway between Third Street and Goldenwest Street. Traffic and Parkins: The proposed project, including hotel and residential, will generate approximately 3, 159 trips per day. The entertainment center alternative will generate approximately the same amount of traffic (3, 164 trips per day) . The maximum allowable buildout analyzed in Environmental Impact Report No. 82-2 certified for the Downtown Specific Plan for the same block area would generate 7, 119 trips per day, more than double that generated by the proposed project. According to Environmental Impact Report No. 82-2 the traffic generated by either alternative of the proposed project can be handled by the existing circulation plan for the downtown area. The residential portion of the development requires 344 parking spaces according to Section 4 .2 . 12 of the Downtown Specific Plan (345 spaces are provided in a subterranean parking structure) . At issue is whether the structure should have one or two points of ingress/egress as required in the pending parking structure ordinance which is projected to take effect by April, if approved by the City Council . Staff recommends that an independent traffic engineer prepare a report addressing the issue to determine if the second entrance should be required. If necessary, the applicant will provide it on Walnut Avenue adjacent to , the driveway for the commercial/hotel project. RCA - 3/21/88 -6- (0191d) The hotel complex requires 336 p q parking spaces . This is based on room count for the hotel, the restaurant, retail space and office space. The hotel has a minimal number of small meeting rooms . No extra parking was required for these because they are proposed to be used in conjunction with the hotel function and will not stand alone as the meeting rooms do in a convention-style hotel . Parking for the hotel complex is being provided in a one-level subterranean structure with 184 spaces . This is 152 spaces short of the required number. The alternative option for an entertainment center requires additional parking, based on theater seat count, office space, retail space, a restaurant, and a 3,000 square foot night club' facility. The parking requirement for the facility is 890 spaces . The entertainment center alternative plan depicts 297 spaces. A deficit of 593 spaces results . This is based on the Golden Bear suite as a night club (1 space per 35 square feet) which required 86 spaces . Should the suite (3, 000 square feet) be used as a restaurant, or general retail, the parking requirement would be reduced. Additional parking will be provided either within a parking structure or surface parking within reasonable walking distance of the mixed-use project. The location will beydetermined by the Redevelopment Agency prior to final occupancy of the development or commencement of business .operations. Special Permits : There are four special permit requests relative to setbacks, site coverage, private patio areas, accessway and width. Required building setbacks from Walnut Avenue and Pacific Coast Highway are a minimum of 15 feet. The residential setback is shown at 20 feet or greater. The building area of the hotel complex is setback at 20 feet along Pacific Coast Highway and 15 feet along Walnut Avenue, however a roofed colonade projects to within 10 feet of the property lines. The colonade is one story and open underneath the roof. Staff would recommend approval of special permits for encroachment into the front and exterior yard setbacks . because the required 15 foot area is available for pedestrians and meets the intent of the requirement . t The entertainment center alternative is slightly over the allowable site coverage of 50 percent. Modifications to the plans to reduce the site coverage from approximately 52 percent to 50 percent would be required. Private patios for the ground floor residential units are deficient in area and minimum dimension. The minimum dimension should be increased from 6 feet to the required 10 feet but a special permit for area could be justified by the fact that the project exceeds the h; RCA - 3/21/88 -7- (0191d) common open space requirement of 25 percent of residential floor area by providing 35 percent. The open space will be better enjoyed as common area than private area since the project is located in a visitor-serving district. The one bedroom loft unit patios should be increased from 40 square feet to the required 60 square feet with the minimum dimension increased from 4 feet to the required 6 feet. The project will be conditioned to include this stipulation. The Fire Department and Department of Public Works require a minimum width of 28 feet on the main vehicular accessway. The project will be modified to provide a 28 foot wide driveway. Overall, staff feels the project meets the intent of the Downtown Specific Plan and recommends Alternative B, for the entertainment center. Environmental Status : The City Council, in July of 1983, certified. Environmental Impact Report No. 82-2 which addresses the type and intensity of development which could be proposed within the development standards of the Downtown Specific Plan. The proposed project, located in District 3 of the Downtown Specific Plan, is less intense than the maximum built out analyzed in Environmental Impact Report 82-2, thus is adequately covered under the guidelines of the California Environmental Quality Act. Attached to this report is a memo, including a matrix comparing the proposed project alternatives with the hypothetical development which was analyzed in Environmental Impact Report 82-2. It indicates that no further environmental analysis is required. FUNDING SOURCE- The development and disposition agreement is currently being prepared by staff. Final approval of the document will occur following conditional use permit approval of the mixed-use development project. ALTERNATIVE ACTION: Direct staff to explore other alternative land use concepts. ATTACHMENTS: 1. Area map 2. Alternative A - Mixed-Use Project 3 . Alternative B - Mixed-Use Project 4 . Memo regarding Environmental Assessment #88-5 dated February 23, 1988 PEC•DLB:MA:kla RCA - 3/21/88 -8- (0191d) - ,� ■r '.. � �► � � � � � ... ill • •••••ram • • . •.r I WALNUT AVE. M ' t I M W • �' W i F a O .R N O O --- N • _____ PACIFIC COAST HWY HOTEL.SITE DATA: CONDOMINIUM SITE DATA »w run i .eo. .a• am.W.a.aa aa1 rU a1a..L.�r f.S.1/(m -1a• >7 n . • -u Lau•W.G. a.a .1/= w 10 lQn .1.f �•1 -Sti a.d2 R� Y rat 1a�•.1al93.1.5 1w am woom n aa1 le.r.ar�.t. -+r 1w—4 . ! .tl �• w a.as i[aRp . LOT CO"AGC LOT CGVMAGE In uu: Itm mew v. 001 a.Q: tRi.•v.(—No H U N T I N G T 0 N PIER C 0 L 0 N Y MASTER PLAN HP A�IFOR A 461 s�N/�lTl UE 305 Walnut Avenue, Huntington Beach. California 92648 TOGAWA 8G SMITH ARCHITECTS PLANNERS 2914 Main Street. Santo Monica. California 90405 MOTE *- 'AC) RF-DUCT1ONS T;0K Et- T KTNtAMENT" C.F-NTIEK, ISF-F, '13L.UE I Noe Ago !ism W1 FZ re 41 loll Sol Polls too NOR IL MR 19111 FN voiamalm G R 0111014 a I I I MOLEip tag, MAP; _ 01K Ini wj:2 !Mqk\,\-Vj �-. WALNUT AVE. " 1 ��l lT��l l lllii ill -._.._. Ill �11 li ^=T�[Lli 1 I I � �1• i 1 T i I I L - ® 1111 it I1~ IT r J r� iII � � I i Q I z W -- N PACIFIC COAST HWY i ••� HOTEL PARK14G CONDOURCMt PARKINO UPPER LEVEL CONDOM94RJU PARK010 LOWER LEVEL 184 STALLS 165 STALLS 160 STALLS HHOMUEN TIN GTON • PI ER - COLON Y GARAGE PLANS P CALIFORNIA RESORTS :. 305 Walnut Avenue, Huntington Beach. California 92648 TOGAWA & SMITH ARCHITECTS PLANNERS 2914 Main Street. Santa Monica. California 90405 0 1S w eo as 1 Gi mH H 13-_ L _ � ® ® _-vu vv- 'LJl•1! __i+Y�L{r- vVi iE _-. T A 5 9 Ta - a r. 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'�,I-1 1 BEDROOM FLAT 1 9EDROON FLAT r�r 2 BEDROOM FLAT ` 1 BEDROOM TOWNHOLer I BEDROOM FLAT 2 BEDROOM TOWNHOUSE .. 1 BEDROOM — S'• TOWNHOU� :� 1 BEDROOM FLAT -- -- '�. PARKING GARAGE •0a I • { H U N T I N G T 0 N - P I E R • C 0 L 0 N Y SECTION �P CALIFORNIA RESORTS 8 305 Walnut Avenue, Huntington Beach, California 92648 I>P TOGAWA & SMITH ARCHITECTS PLANNERS 2914 Main Street. Santa Monica, California 90405 o s ,v ]a Xr PATIO 1 1 . BEDROOM uVINc .. .. Ise I 1 BEDROOM 1 1 1 1 " PATIO 0 O KIT 0 60 WONG 2 BEDROOM FLAT - """` gm SOFT. . PATIO Dmc 0 • BEDROOM I DN 1 �s. 0 i __ 00 P 1 I Qa KIT 1 I " I I BEDROOM O i 1 I a 0 1 - - KIT amm 1 LOWER LFVU UPPER tzvm 1 BEDROOM FLAT 1 BEDROOM TOWNHOUSE ' 740 SO.rT. 777 SO.rr. l_. H' U N T I N G T 0 N P I E R C 0 L 0 N Y CONDOMINIUM UNITS P CALIFORNIA RESORTS - 305 Walnut Avenue, Huntinqtan Beach. California 92648 TOGAWA & SMITH ARCHITECTS PLANNERS g / 2914 Main Street, Santa Monica. California 9U405 0. I' i B• II• i i BEDROOM aTa¢R 00 OR 1 I I top 321177 OPONG IOTOIEM . .- UP LOFT .. L______________ 1 ORaRG OPEN - BEDROOM u— _ TO BELOW 1 i LOW"LEVEL UPPER LEVEL LOWER LEVEL UPPER LEVEL 2 BEDROOM TOWNHOUSE 1 BEDROOM LOFT log)So.m. 677 SOFT. H U N T I N C T 0 N P I E R C 0 L 0 N Y CONDOMINIUM UNITS P CALIFORNIA RESORTS - 10 305 Walnut Avenue. Huntinaton Beach, California 92648 TOGAWA do SMITH ARCHITECTS PLANNERS 2914 Main Street. Santa Monica. California 90405 a 2' i a' 12' ' TRr ORY�V\ O I I CAM � I IMMG BEDROOM MErmc- Manq a BucaNr i I• v e -- I • 1 I ;; i I TL 71'-6• L � I I � d' - DOUBLE DOUBLE SUITE I � 557 SO.r7. V' I i o \ .�. © oanMc 0 I 1 n Sawa[ - umc BEDROOM _ { o I � . i I KING SUITE --- ---- ----0----0----0----m" ----- ' 520 SO.ri. FIRST FLOOR HUNTINCT0N • PIER COLONY HOTEL PLANS P CALIFORNIA RESORTS 11 , 305 Walnut Avenue, Huntinoton Beach, California 92648 TOGAWA & SMITH ARCHITECTS PLANNERS 2914 Main Street, Santo Monica. California 90405 o Ro zo' w sa -'---O • N,l['4 YL LII 1 t . Vd AD�A Pi OIQ o�0\ ._ SECOND FLOOR THIRD / FOURTH FLOOR 3 H UN TINCT0N • PI ER C 0 L 0 N Y HOTEL PLANS CALIFORNIA RESORTS 305 Walnut Avenue, Huntington Beach, California 92648 1 ' TOGAWA & SMITH ARCHITECTS PLANNERS —� 2914 Main Street. Santa Monica. California 90405 _� 4 .l a FIFTH FLOOR SIXTH FLOOR ° i HUN TIN GTON • PIER - COLON Y HOTEL PLANS }- P CALIFORNIA RESORTS I3 •.� 305 Walnut Avenue. Huntington Beach, California 92648 TOGAWA & SMITH ARCHITECTS PLANNERS 2914 Main Street. Santa Monica. California 90405 o +o �o• .o• sv 7 i 77 i SEVENTH FLOOR EIGHTH FLOOR i L HUNTINGT0N • PIER C 0 L 0 N Y HOTEL PLANS eCALIFORNIA RESORTS 305 Walnut Avenue, Huntington Beach. California 92648 TOGAWA do SMITH ARCHITECTS PLANNERS , l 2914 Main Street. Santo Monica. California 90405 0 10� 40' I PE CITY OF HUNTINGTON BEACH_ INTER-DEPARTMENT COMMUNICATION .. - .. NUNTWGTpN MACH110- Scott Hess From Catherine .M. O'Har�� To Associate Planner Assistant Planner Subject Environmental Assessment Date February 23, 1988 No. 88-5 Per your request of February 11, 1988 , I have analyzed the development alternatives proposed for Phase I of the Main Pier Redevelopment project . An environmental assessment of the project alternatives was conducted to identify potential environmental concerns that may not have been addressed in EIR 82-2 . The project area is located within District #3 of the Downtown Specific Plan and consists of 4 . 10 acres (approximately 1 3/4 . blocks) bounded by Pacific Coast Highway, Walnut Avenue, Main Street and Second Street . Two alternatives are proposed for the site. In the table below, the alternatives are compared to the hypothetical development scenerio analyzed for the site in EIR 82-2 . Proposal Use Sq. Ft. Trip Generation Sewerage Generation (trips/day) (gal/day) District #3 Office Use 154,115 Office — 1849 Office — 23,117 Maximum Commercial Use 154,115 Commercial — 4084 Commercial — 23,117 Buildout Residential Use 208 units Residential — 1186 Residential — 27 4 EIR 82-2 for Total 7119 Total 73,274 1.75 block area Proposed 160 Room Hotel 112,000 Hotel — 1680 Hotel — 24,000 Alternative #1 Office Use 3,000 Office — 37 Office — 450 Retail Use 20,000 Retail — 530 Retail — 3000 160 Residential Units 139,000 Residential — 1 Residential — 20,800 total 3159 Total 48,250 Proposed Office/Retail/ 85,000 Office/Retail/ — 2252 Office/Retail/ — 12,750 Alternative #2 -Commercial Commercial Commercial 160 Residential Units 139,000 Residential — Q1Z Residential — 20,800 Total 3164 Total 33,550 - f 4. Environmental Assessment No. 88-5 - February 23, 1988 -- - - - Page 2 of 2 Note: Trip generation rates were taken from EIR 82-2. Residential 5.7 trips/d.u. _._ _ Office - 12.3/ksf Commercial 26.5/ksf Hotel 10.5 trips/room Daily sewage generation rates were calculated based on the following flow coefficients recommended by OCSO: Hotel 150 gal./room Office 150 gal./ksf Residential 130 gal./unit Commercial - 1'50 gal./ksf As shown in the matrix, both of the proposed alternatives are less intense than the hypothetical development scenario analyzed. in EIR 82-2. The projected traffic impacts are less, as are sewerage impacts . Because traffic generation would be less, it follows that air quality impacts would be less as well . Since both alternatives are well within the parameters of the previously certified EIR, no .further environmental analysis, with regard to the California Environmental Quality Act, is necessary. EIR 82-2 adequately analyzes the potential impacts of the proposed Phase I development. Although. no additional CEQA review is required, the Phase. I project should comply with the suggested standards set forth in the Downtown Specific Plan for District #3 . Namely, view corridors should be maintained along the existing right-of-ways, and view, light and air corridors should be included in order to ensure that the area maintain a pleasant pedestrian environment. CMO:gbm ?* YEY s - 'iryr,-i-a'.cr:�t*= -e: Fz�. - :►. c;s�: s 'y a '" -' y=; - - = .2- �a.(0024d /a 6 • CA 88-23 _17 " � Y CITY OF HUNTINGTON BEACH COUNCIL ADMINISTRATOR COMMUNICATION 0 HUNI NGTON BEACH To HONORABLE MAYOR AND From PAUL E. COOK CITY COUNCIL 11IENIBERS City Administrator Subject FIVE YEAR FINANCIAL Date AIAP,CH 4, 1988 PROJECTIONS: MAIN PIER REDEVELOPMENT PROJECT _1s a follow-up to Council direction at your January 25, 1988 meetinc,, this memorandum will address: (1) what projects are currently proposed in the ".Main Pier Redevelopment Project .area and what. they will generate in tax increment, and (2) what the cost of public projects will be in the ;.lain-Pier area. Our projections assume the following projects will be completed in the next five years: Estimated Total Estimated Project Project Value Completion Mintington 13ayshores (Sunrimerhill) 14,000,000 1989 Villas Del 'Jar 8,000,000 1988 Town Square: Phase l 15,000,0()0 1989 Pierside Village 25,00(',O(10 1991 • 1'..at.erfront (First Hote) 30.000.000 1990 °wain Street (1oury) 3,000,000 1990 Phase 1 (];otel/Comm ere ial/Resi den tial) 35.000.000 1991 Phase 11 (Residential/Commercial) 2 ,000,000 1991 T ovin Square: Phase 11 8,000,000 1992 ain Street (N. Side 200 Block) 500,000 1990 If completed on the scheduled indicated above, the total tax increment to the agency is estimated to be at least equal to the following'. (These estimn.tes assume no ofher development or property sales in the area and are therefore conservative estimates.) Fiscal Year Tax-Increment Revenue 1988/89 $ 540,000 ]989/90 1 ,100,000 ]E►90;91 2,000,000 1991/92 2,350,000 1992/93 2,450,000 Total L8,440a000 Attached are brief descriptions of funded and unfunded capital improvement projects in the Main-Pier project area. The funded projects assume no-use of tax increment revenues but, • rather, use of currently available funds from sources such as the $12,000,000 from the 0 FIVE YEAR FINANCIAL PROJEC NS: 1AIN-PIER REDEVELOPMENT PIWECT • Certificate of Participation issue by the Civic Improvement Corporation, Gas Tax funds, Water funds, Drainage funds and developer obligations. All City related funding is proposed as an advance to be repaid by the Redevelopment Agency in future years. The funded projects total $14.3 million over five years. The unfunded projects total over $31 million over five years. This summary does not include a Regional Transportation Center ($22 million estimate) or Cousteau Center ($36 million estimate) since these projects will depend primarily on major funding other than what can realistically be projected to be provided by the Redevelopment Agency in the next five years. Potential funding sources are identified for many of the projects. In addition to those funding .sources, the city can utilize tax increment revenue to sell a tax allocation bond issue (see Item F on your 3/7/88 Council Agenda) to finance some of these projects. h,hat is hopefully made clear from these summaries is that mane high priority projects are proceeding with funding sources identified while there remain many funding questions to be resolved. Some high priority projects will need staff and Council attention in the next few months for instance: Pier reconstruction and parking structure north of the Pier. Please contact Doug LaBelle, Bob Franz or me regarding any questions you may have. PALL E. )COOF;__ • City Administrator PEC:RJF:skd 3675j (: I T•( ,_,r 1IUr1,1,11Jc,T(iN hE A�"H MA 1 N F T E _AF I TAL 1 MPR0Vh?-!E1JT: -----------------------FISCAL YEAR------------------------ PROJECT TITLE FY 88i89 F'Y 8919i) FY 90; 91 FY () 1192 FY 92193 PROJECT DESCRIPTION ---------------------------- -------- - --------- -------- - --=------ --------- ------------------------------------ 1 . Downtown Property I . Acquire property & relocate Acquisition & Relocation 1 ,000 , 000 1 ,000 , 000 1 , 000 , 000 existing tenants . Funding : Sale of Agency Parcels in the Downtown Project area or advance from the City . 2 . Walnut Avenue Extension 11O001000 2 , 000 , 000 2 . Extension eastward to Beach Blvd . Funding : Advance from the Gas Tax Fund or developer . 3 . Lifeguard Headquarters 250 , 000 500 , 000 New building to replace current Headquarters . Funding : Developer ( 5500 ,000) ; balance unfunded . 4 . Walnut Parking Structure 6 . OU0 , 000 4 . Provide supplemental parking in the downtown area . Funding : Funding : Advance from the Civic Improvement Corp. , Assessment district & developer ( $1 ,600 ,000) 5 . Orange Parking Lot 750 , 000 5 . Land acquisition to provide supplemental parking in the 9"M n- town area . Funding: Advance the Civic Improvement Corp . 6 . Downtown Storm Drains 550 , 090 6 . Second of two storm drain systems to relieve flooding in the area . Funding : Advance from the Drainage Fund . 7 . Atlanta Avenue Wideninq I Z'L,0 7 . Widen the south side of Atlanta Avenue to four lanes between Lake Street & Beach Houtevard . Funding : Advance tram the Gas Tax Fund . TOTAL IMPROVEMENTS , 9 , O0U . 0Q 3 . 300 . 000 1 ,U00 .000 : . 000 , (;OL 0 CITY OF HUNTINGTON PEACH , MAIN-PIER-CAPITAL IMPROVEMENTS - • UNFUNDED , -----------------------FISCAL YEAR----------------------- PROJECT TITLE FY 88189 FY 89190 FY 90191 FY 91192 FY 92 /93 PROJECT DESCRIPTION 1 . Main Street Improvements 540 ,000 1 . Provide improvements with hard- scape and landscape on Main Street from P.C.N. to Orange . 2 . Downtown Public 2 . Alley reconstruction & hardsca e Right-of-Way Improvements 320 ,000 improvements : Demonstration project (No . side of 200 block. ) 3. Parking Structure North - 3 . Provide parking for visitors to of the Pier 7 ,000 ,000 the beach and commercial facilities in the downtown. Potential funding: Parking Authority Revenue Bonds , CALTRANS & developer participation. 4 . Mobile Home Park Relocation 210001000 21000 '000 3 , 000 , 000 4 . Relocation of Driftwood Mobile Home Park . 5 . Pier Improvements 1 , 000 ,000 210001000 2 , 000 ,000 5 . Rehabilitate or rebuild the Pier . Potential Funding: State, Federal . and County grants ; F.E.M. A. disaster funds , private dona0s and loans . 6 . Heritage Park 500 , 000 500 ,000 6 . Relocate historical structures into an Historic Old Town District 7 . Atlanta/Beach Enhancement 350 ,000 7 . Berm & landscape the center portions of Beach Blvd. , Atlanta Ave . , and in front of the Huntington Breakers . Install a signal in front of the Center between Atlanta and the Breakers . 8 . Public Plazas 150 , 000 8 . Construct six , 2 story public plazas at the following locations ; four at PCH & Main St . and two at Main St . and Orange . -MAIN-PIER-CAFITA IMPROVEMENTS • UNFUNDED -----------------------FISCAL YEAR------------------------ PROJECT TITLE FY 88/89 FY 89/90 FY 90191 FY 91 /92 FY 92/93 PROJECT DESCRIPTION ---------------------------- --------- --------- --------- --------- --------- ------------------------------------ 9. Community Center Park 5 ,000 , 000 9 . Construct a park facility and provide improvements to the Main Street Library . 10. Median Improvements 240 , 000 10 . Provide median improvements in the downtown redevelopment *a. 11 . Beach Clothes Changing 5 .000 , 000 11 . Provide public changing and Facility/Restrooms restroom facilities along the Bluff Top Park area . • TOTAL IMPROVEMENTS 10 , 8E0 ,000 2 , 500 000 3 .000 , OU(1 "1 , 240 , 000 81000 /000 CITY OF HUNTINGTON BEACH CA 87-1 COUNCIL ADMINISTRATOR COMMUNICATION Ml1N i1hGTON BEACH PINHonorable Mayor and From Charles W. Thompson, City Council Members City Administrator S abject AUTHORIZATION FOR Date January 30, 1987 ADDITIONAL ACQUISITIONS OF PARCELS WITHIN THE AMAIN-PIER PROJECT AREA It. iias recently come to the attention of the Agency staff that two (2) parcels .located within the Town Square subarea have been offered for sale. Since negotiations are still i-koceeding with '•.lola Development for an acceptable design concept', and in an attempt to red speculative values, I am requesting that the Agency expand their previous action August 18, 1986, allowing for staff to acquire willing-seller properties within the i,;; Pier Project Area to include the abovernentioner t`✓,+o (L) parcels. a,-praiser has established a tonal value of $249,000 for these two parcels ':ccated at '5th .`:!reet and Orange Avenue and preliminary negotiations with the owner ill ! -ates thus they can be acquired for a figure not to exceed 5 o above the appraisal. source and dollar amount would not exceed that which was previously anti-iorized in your of .august i 8, 1986 (see attached C.A. 86-79, :sated _august 15, 1986), with the !:,tent to satisfy the city's advance upon the Agency sale at time of project ,'- a: o!.. - am que-Srions, please do net hesitate to contact me at your =onveni_r,.ce. =. .. Ffi ilv submitted, - r t. �.,i,.,rI,es•VV. Thonnpsan, ;• ..�.� City Ad-mi listrator �'?�j- � f C,1W !i i:?j:lp ;�tachrvents. C.A. Plat :'lap Photocopies of arceis 3033h I .. J� CITY OF HUNTINGTON BEACH COUNCIL ADMINISTRATOR COMMUNICATION CA 86-79 MUNTWGM%UACH To Honorable %layor and From Charles W. Thompson, City Council :Members City Administrator Subject Date AUTHORIZATION FOR August 15, 1986 ACQUISITION OF PARCELS IN MAIN-PIER PROJECT AREA ror some time, staff and the agency have been preparing for the ultimate acquisition of various parcels within portions of the Main-Pier Project Area as a function of .implementing our redevelopment project efforts. The Agency has authorized appraisals for a portion of the project area (Main-Pier Phase I and Town Square), has retained a relocation consultant, and has most recently retained a property acquisition specialist preparatory to developer acquisitions. It is apparent to staff that if we are to move our redevelopment efforts forward in a pro.-active fashion, initial efforts must be taken by the Redevelopment Agency to begin acquiring properties within ;Main-Pier Phase 1. In this regard and responsive to desires expressed at your joint study session with the Planning Commission on Tuesday, August 12, to move pier side village and :tilain-Pier Phase I & II forward, I will be requesting that you authorize two specific actions at your meeting on Monday evening, August 18. Those actions are as follows: 1. Approve acquisitions within the Main-Pier Phase 1 area, pursuant to the attached map (Exhibit 2) to be funded by a short-term loan of city funds to the Redevelopment agency for an amount not to exceed $3.6 million, to be repaid within the current fiscal year by proceeds of Redevelopment agency land sales and other funds generated by the project area; and 2. That to facilitate the completion of :Main-Pier Phase.I1 and the initial parking structure that you authorized appraisals in an amount not to exceed $30,000 for those properties outlined on Exhibit 3. The recently approved Certificates of Participation issue will provide sufficient funds to :commence the initial land acquisition, relocation, and construction of a parking structure in the Main-Pier Redevelopment Project Area. In addition to these funds, the Redevelopment Agency soon will have available to it additional financial resources. Presently available are CDBG funds totalling approximately $1 million and the pending sale of the City/Agency-owned parcel on Lake Street should be concluded before the end of the calendar year generating an additional $1.7 million, and the sale of Talbert-Beach will generate an additional $1.5 million. Other city fund balances are available to provide additional interim funds. To allow Phase I acquisition'of parcels, it is recommended that the city loan sufficient funds, in addition to the block grant funds, to the Agency to be repaid at close of escrow on the Agency sale of parcels. There remains approximately five (5) parcels in the Main-Pier Phase I area which have not been acquired by the private developer and which front Walnut Avenue. To commence the widening and realignment of Walnut Avenue in this area it will be necessary to acquire I these parcels and relocate the occupants. Inasmuch as one of the Walnut avenue parcels is owned by the Assistance League, it would be appropriate. to negotiate for the acquisition of their property at 223 Nlain Street as well. Additionally, acquisition of these parcels would aid the completion of lot consolidation within the Phase I subarea. It is recommended that these acquisitions be the first priority for the use of the requested revenues. Additionally, there remains five (S) parcels (plus a one-half interest in six additional , parcels) within the slain-Pier Phase I subarea which have not been acquired by the developer. To complete the lot consolidation for this initial project and expedite its implementation it is recommended that the acquisition of these parcels be the second priority for the requested revenues. These parcels are depicted on the attached map and summarized on the attached exhibit. It is important to note that while the loaned funds will be used to acquire these parcels, pay relocation benefits and other related costs, the parcels will in turn be sold (including the remnant parcels created by the widening and realignment of Walnut) to the —developer. This will result in additional revenues (beyond those pledged to repayment of the citv's loan) to the agency which may in turn be used to further fund acquisitions or public improvements within the project area. In this way, a "revolving fund" will provide the agency with working capital to intervene when constraints to private redevelopment occur and cannot be remedied through the private sector acting alone. Should you have any questions regarding the above recommendations that I will be making to you on the l 8th, please feel free to contact me at your convenience. Respectfully submitteu,, harles W. T'homps0 City administrator CW T/DLB:lp 2767h EXHIBIT 1 1. The loan of city funds and expenditure of block grant funds would create a Redevelopment Acquisitions fund in an amount of $4,600,000 with the sources of repayment as follows: A. Agency resources for repayment of General Fund loan: Lake Street Property Sale $ 1,700,000 Talbert-Beach Property Sale 1,500,000 Other * 400,000 $ 3,600,000 * Future land sales or tax increment B. City sources of loan/expenditures: Loan of General Fund $ 3,600,000 Expenditure of CDBG funds $ 1.000,000 TOTAL: $ 4,600,000 2. . The acquisition (on a willing seller basis) and the relocation of owners or tenants from parcels would be as described below: Acquisition Relocation Llain-Pier Phase I 10 parcels plus 1/2 interest in 6 additional $ 4,060,000 $ 337,000 Demolition $ 165,000 Grand Total• $ 4,562,000 * Excludes acquisition of oil parcels and attendant relocation costs but includes 223 llain Street parcel owned by Assistance League. NOTE: Balance of fund to be used for appraisals or demolition as necessary. 2722h i d ' �pN 3 Do P � ,r `-It tu CIVIC % 40 0/ ef Wt c CENTER 405 ` y en 61 eJ Qt ! 2. .�_ 5 04 if 24_—� _s. 3 - AVrNUE BEACH, MA/AI ST SEC M. 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S:.i•Y>�'77. • x �..f I � �'IaY L i 3 :{' k' •w .t -fa` - _ I 1 y't .-Y--'.' .��l�t•' +c,y.•i � }ye,(�'A'.¢ -3�.y `ter �.:��,. .`.. �� � x`:�����`'---*".•: Eiji 0CITY OF HUNTINGTON BEACH ` 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CALL FOR SPECIAL MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY Jack Kelly, Mayor John Erskine, Mayor Pro Tem Wes Bannister, Councilman Ruth Finley, Councilwoman Peter Green, Councilman Tom Mays, Councilman Grace Winchell , Councilwoman You are hereby notified that a Joint Special Meeting of the City Council and Redevelopment Agency of the City of Huntington Beach, California is called for and will be held in Room B-8 of the Civic Center, at the hour of 6:00 P.M. , on Monday, February 2, 1987 for the purpose of calling a closed session to discuss litigation matters. —_ Dated: January 26, 1987 / Mayor ATTEST: ALICIA M. WENTWORTH, CITY CLERK 1h X.4z� I hereby certify that I recei4 eed the above notice, "Call for Special Meeting of the �"y Co�xr�c.iJlRei -velopmnt gency," prior to 6:00 P.M. , on Sunday February 1 , 1987. r' ayor (Telephone:714-536-5227) REQUERT FOR CITY COUN& ACTION RH 86-91 Date Submitted to: Honorable Mayor and City Council Members 60v� Charles W. Thompson, City Administra r Submitted by: o Prepared by: Douglas N. La Belle, Deputy City Administrator/Re pme CIA, C i ONE YEAR EXTENSION OF MAIN-PIER PROJECT COMM E G D Subject: APPOINTMENT OF NEW MEMBERS ^�� Consistent with Council Policy? Dl Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: [ STATEMENT OF ISSUE: The term of the Main-Pier Project Area Committee expired in September, 1986. It is the recommendation of the Council Liaisons to the Main-Pier PAC that this group be extended for a one year period and new members be appointed. RECOMMENDATION: Approve and authorize the City Clerk to execute the attached Resolution extending the term of the Main-Pier Project Area Committee for one year; and Appoint the new and returning members to the Project Area Committee as recommended by the City Council Liaisons and listed on the attached. ANALYSIS: The Health and Safety Code provides that Project Area Committees for Redevelopment Project Areas continue in existence for three years after the adoption of the Redevelopment Plan. After this initial three year period, Project Area Committees may continue to exist if renewed annually by the legislative body. The Main-Pier Project Area Committee was originally formed with the adoption of the Main-Pier Project Area in 1982. However, this project area was amended in 1983 and this action effectively extended the term of the PAC until September, 1986. As the principal responsibility of a Project Area Committee is to provide advice to the Redevelopment Agency on issues and policies affecting residents, and as we are approaching the implementation of the Redevelopment Plan for the Main-Pier Project Area (which may include displacement of residents), it is the recommendation of the City Council Liaisons to this Committee that its term be extended for one year. The nine (9) positions on the Main-Pier PAC were declared vacant and posted according to Maddy Act requirements. Further, staff polled existing members of the PAC to determine which would be interested in continuing to serve on the PAC. Lastly, staff distributed flyers within residential portions of the Main-Pier Project Area in an effort P10 5/85 RH 86-91 December 26, 1986 Page Two to solicit applications for the PAC. The existing members of the Project Area Committee also made suggestions of candidates who might be interested in serving. Through this recruitment process 14 candidates- were identified. On December 4 & 8, 1986 the City Council Liaisons to the Main-Pier Project Area Committee (Mayor Jack Kelly and Council Members Finley and Green) interviewed these candidates. The recommendations for appointments to the nine (9) positions on the Main-Pier PAC are forwarded by this Sub-Committee of the Council as its recommendations. FUNDING SOURCE: No fiscal impact. ALTERNATIVE ACTIONS: Do not extend the term of the Main-Pier Project Area Committee and do not approve the appointments thereto. ATTACHMENTS: 1. Resolution No. 2. Applications from each of the recommended candidates. , CWT/DLB/SVK:sar , 0646r RECOMMENDED APPOINTEE'S FOR THE MAIN-PIER PAC Gallegos, Wiliam G. Residence Address: 208-1/2 - 5th Street Huntington Beach, CA 92648 Business Address: 210 - 5th Street Huntington Beach, CA 92648 Downtown Property Owner/Business Operator/Resident Goodrich, Robert B. Residence Address: 227 - 2nd Street Huntington Beach, CA 92648 Business Address: 1020 No. Broadway Santa Ana, CA Downtown Property_Owner & Resident Guzzardo, Guy P. Residence Address: 515 Walnut Avenue Huntington Beach, CA 92648 Business Address: 520 Pacific Coast Highway Huntington Beach, CA 92648 Downtown Resident & Business Operator Hayward, Carl F. Residence Address: 2929 Arreos San Clemente, CA 92672 Business Address: 109-1/2 Main Street Huntington Beach, CA 92648 Downtown Business Operator Kiewatt, Oleta D. Residence Address: 213 Walnut Avenue Huntington Beach, CA 92648 Business Address: 5190 Camput Drive Newport Beach, CA Residential Tenant Kotsch, Natalie A. Residence Address: 218 - 7th Street Huntington Beach, CA 92648 Business Address: 220 Main Street Huntington Beach, CA 92648 Downtown Business Person RECOMMENDED APPOINTEE'S FOR THE MAIN-PIER PAC McClain, Harrison W. Residence Address: 21462 Pacific Coast Highway Space 834 Huntington Beach, CA 92648 Business Address: 3645 Long Beach Blvd. Long Beach, CA President Driftwood Beach Club Owners Association (Mobile Home Park) Mulligan, Gary V. Residence Address: B-55 Surfside, CA Business Address: 117 Main Street Huntington Beach, CA 92648 Downtown Business Owner Madrigal, Merrilee Business Address: 124 Main Street Huntington Beach, CA 92648 0690r REQUEST FG19 REDEVELOPMENT ENC e(p� O RH 86-58' I Date August 18, 1986 Honorable Chairman and Redevelopment Agency M,90bers Submitted to: �a10 Charles W. Thompson, Chief Executive Offic Submitted by: Douglas N. LaBelle, Deputy City Administrator/Redevelopment Prepared by: AUTHORIZATION FOR ACQUISITION OF PARCELS IN MAIN-PIER Subject: PROJECT AREA Consistent with Council Policy? X Yes [ ] New Policy or.Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: To enhance and expedite the implementation of the Main-Pier Redevelopment Project Area it would be appropriate for the Agency to acquire parcels to complete block consolidations and to facilitate the installation of public improvements within the Main-Pier Project Area. RECOMMENDATION: 1. Approve acquisitions on a willing-seller basis within the Main-Pier Phase 1 area, pursuant to the attached map (Exhibit 2) to be funded by a short-term loan of city funds to the Redevelopment Agency for an amount not to exceed $3.6 million, to be repaid within the current fiscal year by proceeds of Redevelopment Agency land sales and other funds generated by the project area; and 2. That to facilitate the completion of Main-Pier Phase II and the initial parking structure that you authorized appraisals in an amount not to exceed $30,000 for those properties outlined on Exhibit 3. ANALYSIS: The recently approved Certificates of Participation issue will provide sufficient funds to commence the initial land acquisition, relocation, and construction of a parking structure in the Main-Pier Redevelopment Project Area. In addition to these funds, the Redevelopment Agency soon will have available to it additional financial resources. Presently available are CDBG funds totalling approximately $1 million and the pending sale of the City/Agency-owned parcel on Lake Street should be concluded before the end of the calendar year generating an additional $1.7 million, and the sale of Talbert-Beach will generate an additional $1.5 million. Other city fund balances are available to provide additional interim funds. To allow Phase I acquisition of parcels, it is recommended that the city loan sufficient funds, in addition to the block grant funds, to the Agency to be repaid at close of escrow on the Agency sale of parcels. a PIO/1/85 There remains approximately five (5) parcels in the Main-Pier Phase I area which have not been acquired by the private developer and which front Walnut Avenue. To commence the widening and realignment of Walnut Avenue in this area it will be necessary to acquire these parcels and relocate the occupants. Inasmuch as one of the Walnut Avenue parcels is owned by the Assistance League, it would be appropriate to negotiate for the acquisition of their property at 223 Main Street as well. Additionally, acquisition of these parcels would aid the completion of lot consolidation within the Phase I subarea. It is recommended that these acquisitions be the first priority for the use of the requested revenues. Additionally, there remains five (5) parcels (plus a one-half interest in eight additional parcels) within the Main-Pier Phase I subarea which have not been acquired by the developer. To complete the lot consolidation for this initial project and expedite its implementation it is recommended that the acquisition of these parcels be the second priority for the requested revenues. These parcels are depicted on the attached map and summarized on the attached exhibit. It is important to note that while the loaned funds will be used to acquire these parcels, pay relocation benefits and other related costs, the parcels will in turn be sold (including the remnant parcels created by the widening and realignment of Walnut) to the developer. This will result in additional revenues (beyond those pledged to repayment of the city's loan) to the Agency which may in turn be used to further fund acquisitions or public improvements within the project area. In this way, a "revolving fund" will provide the Agency with working capital to intervene when constraints to private redevelopment occur and cannot be remedied through the private sector acting alone. ALTERNATIVE ACTIONS: Do not approve the recommended action. FUNDING SOURCE: Loan of city general funds; land sale proceeds from Agency pledged to repayment through Operative Agreement for Main-Pier Project Area. ATTACHMENTS: 1. Exhibit 2. Map 3. F.I.S. CW T/DLB/SVK:sar 2722h EXHIBIT 1 1. The loan of city funds and expenditure of block grant funds.would create a Redevelopment Acquisitions fund in an amount of $4,600,000 with the sources of repayment as follows: A. Agency resources for repayment of General Fund loan: Lake Street Property Sale $ 1,700,000 Talbert-Beach Property Sale 1,500,000 Other * 400,000 $ 3,600,000 Future land sales or tax increment B. City sources of loan/expenditures: Loan of General Fund $ 3,600,000 Expenditure of CDBG funds $ 1,000,000 TOTAL: $ 4,600,000 2. The acquisition (on a willing seller basis) and the relocation of owners or tenants from parcels would be as described below: Acquisition Relocation Main-Pier Phase I 11 parcels plus 1/2 interest in 8 additional $ 4,060,000 $ 337,000 Demolition $ 165,000 Grand Total: $ 4,562,000 NOTE: Excludes acquisition of oil parcels and attendant relocation costs but includes 223 Main Street parcel owned by Assistance League. NOTE: Balance of fund to be used for appraisals or demolition as necessary. 2722h , I,k -J=---L�4 A. .A. I.-L'.. J..-..: 1% 1 1.?. l... I -J. .......L. jc� N LID Ln r. vi d®r &A. MAIN srwrr u MAIN r 34 co to iYi PRO.V, srRfEr 3 RD. 3RD. HUNTINGTON BEACH DEVFt f)PMFNT SFrpmv i r r 61 .L ION 31 Z A I OJ 911 9/ 001 J?i to 9i.gl? .:; .1 91 9 011 el i N. I c0l 071 ft"! 9,71F tri . 61% P 'ce 9,?!; z, tj id- tl: 2 . • • EXHIBIT 3 FISCAL IMPACT STATEMENT CHECKLIST PRELIMINARY FEASIBILITY STUDY FOR THE LOAN OF $3.6 MILLION OF CITY GENERAL FUNDS TO THE REDEVELOPMENT AGENCY FOR LAND ACQUISITION I. Why is this item not in the budget? At the time of budget review and approval, the need for and timing of, land acquisitions within the Main-Pier Redevelopment Project Area could not be anticipated. II. What will be the cost? A. Direct Cost 1. Current Fiscal Year Cost: $3.6 million 2. Future Year(s) Cost: -0- B. Indirect Cost 1. Cash Flow: Over the short term through which proceeds of the loan committed to real property, there will be an incremental loss in investment income which might otherwise accrue as a result of.these funds. 2. Maintenance a. Current Fiscal Year: N/A b. Future Fiscal Year(s): N/A 3. Overhead: Administration of the acquisitions will be conducted by a combination of city forces and consultant services for acquisitions and relocations and appraisals. These administrative expenses will be paid from other funds. 4. Grant Requirements: N/A III. Funding Source A. Fund: General Fund. B. Revenue Source: Accumulation of the principle amount of the loan in the General Fund occurred through all General Fund Revenue sources. C. Alternative Funding Sources: Additional Certificates of Participation secured by the Civic Center complex could be sold and the proceeds devoted to capital needs within the Main-Pier Redevelopment Project Area. Also, the city (or Agency) could secure a line of credit from certain banks which would provide working capital to the Agency to affect land acquisitions. Such Letters of Credit require a significant equity participation in land acquisitions and posting of the parcels acquired as additional collateral. FISCAL IMPACT STATEMENT CHECKLIST PRELIMINARY FEASIBILITY STUDY FOR THE LOAN OF $3.2 MILLION OF CITY GENERAL FUNDS TO THE REDEVELOPMENT AGENCY FOR LAND ACQUISITION Page Two . IV. History A. According to the provisions of the Redevelopment Plan for the Main-Pier Redevelopment Project Area, it is the principle responsibility of selected developers to affect land acquisitions to consolidate subareas within the Project Area. At this time, significant progress has been made in this regard in the Main-Pier Phase I subarea. However, to expedite completion of the required consolidations and implementation of the planned development for this site, Agency acquisition of remaining parcels is recommended. 0008r . . . CITY OF HUNTINGTON BEACH 0" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To CHARLES W. THOMPSON From ROBERT J. FRANZ City Administrator Deputy City Administrator Subject APPROPRIATION FOR CITY LOAN Date AUGUST 18, 1986 TO REDEVELOPMENT AGENCY FOR LAND ACQUISITION PURPOSES F.I.S. #86-39 As requested under the authority of Resolution 4832, a Fiscal Impact Report has been prepared and submitted relative to the proposed loan by the City to the Redevelopment Agency for purposes of effecting land acquisitions within the Main-Pier Phase I Sub-Area. Anticipations by the requesting entity are that an appropriation of $3.6 million would be adequate for this project. As a result of the recent influx of funds generated through the sale of Certificates of Participation, the City presently has adequate temporary funding to serve this purpose prior to the pledged and timely reimbursement of these funds via the requesting entity's proposed respective sales of the Lake Street/Talbert-Beach surplus properties planned for later this calendar year. If repayment is made within fiscal year 1986/87, there will be no effect on fund balance. OBERT J. FR N Deputy City AMministrator Administrative Services RJF:AR:skd 2709j •. AEQ EST FC REDEVE ' OPMENT JWENCY ACTION >entAggencyy RH 86-57 CLEltI� Date July 22, 1986 Honorable Chairman and Redevelop Members Submitted to: Charles W. Thompson, City Administrator/Chief Executive f'c Submitted by: Douglas N. LaBelle, Deputy City Administrator/Redevelopmen Prepared by: REDEVELOPMENT AGENCY RESOLUTION OF NECESSITY FOR MAIN-PIER Subject: REDEVELOPMENT PROJECT AREA Consistent with Council Policy? K Yes [ ] New Policy or Exception �3 r Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for the Redevelopment Agency's consideration is a Resolution of Necessity which delineates parcels in the Main-Pier Redevelopment subarea which may potentially require public acquisition. A noticed hearing has been scheduled for August 4, 1986. RECOMMENDATION: Receive testimony and conclude the noticed hearing and adopt the attached Resolution of Necessity (Agency Resolution Noj'5j. ANALYSIS: This action represents the culmination of many months of discussion and effort on the part of the Agency staff and the participating owner to establish a viable acquisition program within the Main-Pier Redevelopment Project Area. The approval of this resolution will trigger specific action steps to be carried out by the Redevelopment Agency and will ultimately result in an expansion of visitor serving commercial facilities within the city. The conveyance of the site to the Agency will be used to support development proposed in the Main-Pier Redevelopment Plan. It is anticipated that development of this site will become the catalyst for -the. entire downtown revitalization effort. FUNDING SOURCE: 1. Loan from the city's General Fund. ALTERNATIVE ACTION: 1. Not adopt the Resolution of Necessity and continue negotiations with the existing property owner, and rescind the existing resolution for condemnation. ATTACHMENTS: 13 a7 1. Resolution of Necessity (Agency Resolution.No. 2. Map of subject property. CWT/DLB:sar 2706h NOTICE OF HEARING ON RESOLUTION FOR CONDEMNATION NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section 1245 .235 of the Code of Civil Procedure that: 1 . The Redevelopment Agency of the City of Huntington Beach intends to adopt a Resolution for Condemnation and to adopt such Resolution pursuant to the provisions of Section 1250 . 340(b) of the Code of Civil Procedure and all other applicable sections. 2. You have a right to appear and be heard at this meeting on the matters referred to in Section 1240 . 030 of the Code of Civil Procedure . 3. Failure to file a written request to appear and be heard within fifteen days after the Notice was mailed will result in a waiver of the right to appear and be heard. 4. The meeting will be held at the meeting room of the Redevelopment Agency of the City of Huntington Beach located in the Council Chambers at 2000 Main Street, Huntington Beach, California at 7 : 30 p.m. , on August 4 , 1986. There is attached to this Notice, as Exhibit A, a copy of the legal description of the land which will be the subject matter of the proposed Resolution. �V DATED: ell City Clerk APPROVED AS TO FORM: '7� City Attorney EXHIBIT 'A• MAIN PIER REDEVELOPMENT PROJECT ( PHASE I , PIERSIDE ) LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange, State of California , as shown on a map recorded in Book 3 , Page 36 , of Miscellaneous Maps in the office of the County Recorder of said County, described as follows : Beginning at the centerline intersection of -Pacific Coast Highway and Lake Street, shown as Ocean Avenue and First Street respectively, on said mentioned map; thence along the centerline of Pacific Coast Highway south 48021142" east 37 . 50 feet to the intersection with the southwesterly extension of the southeast right-of-way line of Lake Street; thence south 41038118' west 50 .00 feet to the true point of beginning; thence north 48021 ' 42" west 1 ,020 . 00 feet; thence south 41038118" west 450 . 00 feet; thence south 48021142" east 175 . 00 feet; thence north 41038118" east 250 .00 feet; thence south 48021142' east 845. 00 feet; thence north 41038118" east 200 . 00 feet to the true. point of beginning. P�� n �C r Y e.7 STREET71 �, ! � O /5 d Z y ` 12 13 $ 2rvo SrRE£r _ • 2, ,fir Rio• � t I ! 14 5 6 JJ 19 Q s PO lB / • ol " O a' lt� � / 10C • ` 1: 5 d j i 1 12 s lAst 3RD LID to y + rt ° {, IN YJ tr � itr 4: i ! e • vl rr��Y• t {� � k. � -{ ..w,:t�•.,.,xx.tJ d`S-��4f.•'�,3�i"�:asee+i +.x._ pr�s �A � '~.. 1�tplyy � +� n» 4..... ��-.. .w.,.. ar- :D two /T�il�i a -� ... _, t. r' �,�'2y-n�±i_ ��:a ra aop go! . HUNTINGTON BEACH COMPANY CALIFORNIA FIRST BANK 2110 Main Street , 15377 Brookhurst Avenue Huntington Beach, CA 92647 Westminster, CA 92603 w SOUTHERN PACIFIC , TRANSPORTATION COMPANY GREEN BURRITO 6th-Main Street 317 Pacific Coast Hwy. Los Angeles , CA 90014 Huntington Beach, CA 92646 L. R.C . CORPORATION STANDARD OIL COMPANY OF CALIFORNIA 301 Pacific Coast Hwy. CHEVRON CORPORATION Huntington Beach, CA 92647 225 Bush Street San Francisco , CA 94104 ANDERSON ENTERPRISES, INC . 301 Pacific Coast Hwy Huntington Beach, CA 92647 STATE OF CALIFORNIA Real Estate Services Division Roo, 110 , 915 Capitol Mall KENNETH M. NITZKOWSKI S BARBARA E. NITZKOWSKI Sacramento, CA 95814 VICS ON THE BEACH 7041 Seal HOWARD A. LUTZ Newport Beach, CA 92648 c/o WPL INDUSTRIES 317 Pacific Coast Highway GENERAL PUBLIC C/O Attorney General Huntington Beach, CA 92646 3580 Wilshire Boulevard Los Angeles , CA 90010 WILLIAM MALCOM POORS Zacks & Zack ' s Too MILLS LAND & WATER COMPANY 417 Hill Street Suite 924 239 Lake Los Angeles, CA 90013 Huntington Beach, CA 92646 CITY OF HUNTINGTON BEACH ZACKS & ZACK' S TOO 2000 Main Street Cecil Wheat Huntington Beach, CA 92648 239 Lake Huntington Beach, CA 92646 JACK K. CLAPP DWIGHT CLAPP DWIGHT ' S and JACK"S 1210 Main Street Huntington Beach, CA 92648 WPL INDUSTRIES Maxwells Restaurant 317 Pacific -Coast HighwaY Huntington Beach, CA 92646 EXHIBIT "A" MAIN PIER REDEVELOPMENT PROJECT (PHASE I , PIERSIDE ) LEGAL DESCRIPTION That portion of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 3, Page 36, of Miscellaneous Maps in the office of the County Recorder of said County, described as follows : Beginning at the centerline intersection of Pacific Coast Hig,hgay and Lake Street, shown as -Ocean Avenue and First Street respectively, on said mentioned map; thence along the centerline of Pacific Coast Highway south 48021142" east 37 . 50 feet to the intersection with the southwesterly extension of the southeast right-of-way line of Lake Street; thence south 41038118" west 50 . 00 feet to the true point of beginning; thence north 48021 - 42" west 1 ,020 .00 feet; thence south 41038118" west 450 . 00 feet; thence south 48021142' east 175. 00 feet; thence north 41038118" east 250 .00 feet; thence south 48021142" east 845. 00 feet; thence north 41038118" east 200 . 00 feet to the true point of beginning. � r VERIFICATION STATE OF CALIFORNIA,COUNTY OF ORANGE 1, the undersigned, say: have read the foregoing —_ and know its contents. ®CHECK APPLICABLE PARAGRAPH (� I am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are �—J stated on information and belief, and as to those matters I believe them to be true. (� I am ❑an officer O a partner_________.___.._—_O a_ of The City of I,—J HunU1az.Qn__$Le,ach muni.c-ip-a-L_c-or.,—ora ion of the state of California a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. I am informed and believe and on that ground allege that the matters stated in it are true. 1 am one of the attorneys �J a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices,and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in it are true. Executed on 19_, at Huntington Beach, California. I declare under penalty of perjury that the foregoing is true and correct. (Signature) ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT (other than summons and complaint) Received copy of document describedon (Signature) PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE am employed in the county of_.._.__._. r3MZ_a State of California. 1 am over the.age of 18 and not a partv to the within action; my business address is:- 2-0 0-0- Ma I r-eet,. Huntington Beach.. CA 92648 On^ July 19 ttSSlbb, 1 served the foregoing document described as Notice of Hearing on Resolution for Condemnation on July 10 , 1986 in this action by placin true copy thereof nclos d in a sealed envelope with postage thereon fully prepaid in the United States mail at. Hun Tngton Beac CA addressed as follows: SEE ATTACHED Executed on. July 10 ly 86at Huntington B(�aoh, _ California. (check applicable paragraph below) L...I (Slate) I declare under penalty of periury that the above is True and correct. �••I (I-ederal) I declare that 1 am employed in the office of a member of the bar of this court u gee ion he servawa made s STUAR7"S EXBROOK TIMESAVER(REVISED 3-77) Signature) (May ee used in California State or Federal Counal -Huntington BeachFC5 Company 2110 Main Street, Huntington Beach, California 92648-2499 (714) 960-4351 R. J. Work Vice President—General Manager August 4, 1986 City of Huntington Beach Redevelopment Agency 2000 Main Street Huntington Beach, CA 92648 Attention: Charles Thompson Subject: Real Property Interest of the Huntington Beach Company on the Southeast Side of the Huntington Beach Pier The Huntington Beach Company owns fee title to the subject property and has granted the City of Huntington Beach an easement to use the property for recreational purposes. The City has threatened to condemn the approximately 2 acres at a low value in order to to develop the property with commercial uses. The value is far less than the $3 million value that the Huntington Beach Company places on its interest in the property. The Huntington Beach Company voiced its objections at the March 17, 1986 meeting and still opposes the condemnation of the subject property for the same reasons expressed at that meeting. RJW/jl cl- 2a 16 o m LAf�E f----- STREET• `� � °'; •`''" R': �•' � R � 4 114 , F a p0 /B /2 �12 i3, y ' AOy, r STREET jffl-� 'x ..0' ; O lidO w /B /I C, ,Z �_ to � r � c i�+�f;j. r•,' f'�' r�;. ,� ° + oe 3Ro STREETAmp -4 4•j n 1 ' � ut .,-:•fttrtJ: :Y's'1�' -,.t h`�r 4e. I � :� •'• :•, .. ..c'-.• �� UhA TT � N,Y I7 � tµY c�n4b4..k...«w.h....mow ..L`M- >W ♦nJf �{��{��{{ �'1 �1- � •!;. � �.� -k 1' 4.�i O i� � 'f' SlA1•V+ 11�V( •^ 1 ` n s° ..� d1i+k�l.sbaaa WL' .'rwsrtc+eanMf a N 1► m ti N T !RE. ►tc C11`f AT � H111dTiH • , - July 22, 1986 City Attorney P.O. Box 2740 2000 Main Street Huntington Beach, Ca. 92647 RE: Hearing on Revelopment August 4, 1986 Dear Sirs: Please be advised that 1 request to be present and speak at the August 4, 1986 meeting of the development of the pier area. Thank you for your assistance in this matter. Sincerely, Hank Bojorquez Green Burrito 317 Pacific Coast Highway Lower Level Huntington Beach, Ca.92648 (_714-777-9100-if you have any questions) CC: File \J In a Notice of Hearing mailing, dated July 10, 1986, regarding the Resolutions of Necessity for condemnation, you were notified of the Huntington Beach Redevelopment Agency's interest in developing property on the southeast side of the city pier. The map attached in that mailing may not have been clearly legible; therefore, we have enlarged the map and included it in this mailing. DATED: City Clerk ir-�-�� '.'i':' ."" .v- W� -1aFv'+�Y+.�-l�v^ +,s -.'C +..'. _ A'F -�a.�' - ►C?"n yr a Y�ss.�ryq�+��. .,c- 'i.'::d"o.+..5' •�.�i.� ��-rP?F HUNTINGTON BEACH COMPANY CALIFORNIA FIRST BANK 2110 Main Street 15377 Brookhurst Avenue Huntington Beach, CA 92647 Westminster, CA 92603 A SOUTHERN PACIFIC , TRANSPORTATION COMPANY GREEN BURRITO 6th-Main Street 317 Pacific Coast Hwy. Los Angeles , CA 90014 Huntington Beach, CA 92646 L . R. C . CORPORATION STANDARD OIL COMPANY OF CALIFORNIA 301 Pacific Coast Hwy. CHEVRON CORPORATION Huntington Beach, CA 92647 225 Bush Street San Francisco, CA 94104 ANDERSON ENTERPRISES , INC . 301 Pacific Coast Hwy Huntington Beach, CA 92647 STATE OF CALIFORNIA Real Estate Services Division Roo, 110 , 915 Capitol Mall KENNETH M. NITZKOWSKI BARBARA E. NITZKOWSKI Sacramento , CA 95814 VICS ON THE BEACH 7041 Seal HOWARD A. LUTZ Newport Beach, CA - 92648 c/o WPL INDUSTRIES 317 Pacific Coast Highway GENERAL PUBLIC ; Huntington Beach, CA 92646 C/O Attorney Genera 3580 Wilshire Boulevard Los Angeles , CA 90010 WILLIAM MALCOM POORS Zacks � Zack ' s Too MILLS LAND & WATER COMPANY . 417 Hill Street Suite 924 239 Lake Los Angeles, CA 90013 Huntington Beach, CA 92646 CITY OF HUNTINGTON BEACH ZACKS & ZACK ' S TOO 2000 Main Street Cecil Wheat Huntington Beach, CA 92648 239 Lake Huntington Beach, CA 92646 JACK K. CLAPP DWIGHT CLAPP - DWIGHT ' S and JACK"S 1210 Main Street Huntington Beach, .CA 92648 WPL INDUSTRIES . Maxwells Restaurant 317 Pacific Coast HighwaY Huntington Beach, CA '92646 I 24 - 16 000W-,9i,Wo/dN c l,AAE —" STREET n 7zl .o' y 2018 '6 /4 io 'm Ve 2"'p STREET • � r rs Rio• O ! � �4 . 5 6 (19 g N PO/8 16 14 / Q To I 12 Q 3R6 STREET a �' in Z e vge.:, J ..,W /P N 1 fro . Q C m N b REQUEST FOF,EDEVELOPMENT AWNCY ACTION RH 86-23 Date March `..4, 19R6 Honorable Chairman and Redevelopment Agency Memberslt Submitted to: Submitted by: Charles W. Thompson, City Administrator/Chief Executiv f' ex, . '•'" � `�'�• Douglas N. LaBelle, Deputy City Administrator/Redev Prepared by: REDEVELOPMENT AGENCY RESOLUTION OF NECESS '`MAIN- Subject: REDEVELOPMENT PROJECT AREA Consistent with Council Policy? DQ Yes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source; Alternative Actions, Attachments: ` STATEMENT OF ISSUE: Transmitted for the Redevelopment Agency's consideration is a Resolution of Necessity which delineates parcels in the Main-Pier Redevelopment subarea which may potentially require public acquisition. A noticed hearing was scheduled for March 17, 1986 and opened and continued until March 24, 1986. RECOMMENDATION: Conclude the continued noticed hearing and adopt Resolution of Necessity (Agency Resolution No. 129). Subsequent to your action to continue this item on March 17, based upon a determination of legal counsel, this matter is now recommended for Agency action only. ANALYSIS: This action represents the culmination of many months of effort on the part of Agency staff and the participating owner to establish a viable acquisition program within the Main-Pier Redevelopment Project Area. The approval of this resolution will trigger specific action steps to be carried out by the Redevelopment Agency and will ultimately result in an expansion of visitor serving commercial facilities within the city. The conveyance of the site to the Agency will be used to support development proposed in the Main-Pier Redevelopment Plan. It is anticipated that development of this site will become the catalyst for the entire downtown revitalization effort. FUNDING SOURCE: 1. Loan from the city's General Fund. ALTERNATIVE ACTION: 1. Not adopt the Resolution of Necessity and continue negotiations with the existing property owner. ATTACHMENTS: 1. Resolution of Necessity (Agency Resolution No. 129). 2. Map of subject property. P10/1/85 31 INDEX RECORD FOR CONSIDERATION OF AQUISITION OF REAL PROPERTY IN THE MAIN-PIER SUBAREA OF MAIN-PIER REDEVELOPMENT PROJECT AREA REDEVELOPMENT AGENCY RESOLUTION NO 129 1. Redevelopment Plan for the Main-Pier Redevelopment Project and Ordinance No. 2634 adopting the plan. 2. Proposed Resolution of Public Interest and Necessity with attached maps and descriptions. 3. Letter to Huntington Beach Company dated February 27, 1986 making offer to purchase. 4. Notice of Eminent Domain Proceedings with attached Proof of Service. 5. Letter from Lawler, Felix & Hall dated March 13, 1986, on behalf of the Huntington Beach Company. 6. Letter from Green Burrito Restaurant dated March 5, 1986. 7. Planning and Negotiating Agreement with Huntington Pacifica Development Group dated August 20, 1984. 8. Proposed Disposition and Development Agreement with the Huntington Pacifica Development Group. 9. Restated First Implementation Agreement dated February 21, 1986. 10. Declaration of Appraiser dated February 26, 1986. 11. Copy of Assessor ' s Rolls from Assessor Parcel numbers 24-281-03, 24-281-04 and 24-281-12 12. Copy of deed to the City of Huntington Beach dated January 15, 1932, setting forth the interest of the city. ` LAW OFFICES OF 05CAR LAWLER LAWLER, FELIX & HALL 1696-1966 MAX FELIX 700 SOUTH FLOWER STREET ORANGE COUNTY OFFICE: JAMBOREE CENTER 1922.1954 LOS ANGELES, CALIFORNIA 90017 2 PARK PLAZA, SUITE 700 JOHN M.HALL TELEPHONE:(213) 629.9300 IRVINE,CALIFORNIA 92714 1916.1973 (714) 553.0394 CABLE:OSLAW TELEX:67.4360 WILLIAM K. DIAL TELECOPIER:(213)617-9255 PARTNER DIRECT DIAL NUMBER M (213)629-9422 arch 13, 1986 K, w Q �® HAND DELIVERED ��pQM The Redevelopment Agency of the City of Huntington Beach; and The City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: Notice of Eminent Domain Proceedings, Main-Pier Redevelopment Project Area Gentlemen: The undersigned is counsel for the Huntington Beach Company, an owner of property intended to be acquired by eminent domain as referred to in the Notice of Eminent Domain Proceedings for the Main-Pier Redevelopment Project Area mailed on February 28 , 1986. Pursuant to that Notice, the Huntington Beach Company hereby requests an opportunity to be heard at the public hearing on the resolution of necessity scheduled for March 17, 1986. Very truly yours, William K. Dial WKD:mn cc: Robert D. Byrne, Jr. , Esq. Vice President - Legal Huntington Beach Company 2110 Main Street Huntington Beach, California 92648 T 3 RESOLUTION �0/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE .CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN WHEREA the City of Huntington Beach is prop sing to take .the real property generally located southwest o the Huntington Beach Pier for public use, to wit, for beach related public facilities and commercial uses and other blic uses; and WHEREAS, Government Code Sections 7350.5 and 38010 authorize the City to acquire by inent domai any property necessary to carry out any of its power or fun tions; NOW, THEREFORE, the City Co ncil of the City of Huntington Beach finds, determines and r ves as follows: 1. That the real pro rty o interest in real property, described herein and grap cally depi ted in Exhibit "A" , is necessary for said prop ed public purp,ses. The specific description of the pr erty is set forth on Exhibit "A" , attached hereto and incorpor ed by reference herein. (a) The public interest and necessity require the proposed project; (b) The proposed project is planned and to ated in a manner that ill be most compatible with the greatest public good and the le t private injury, and (c) The property described hereinabove in this resolution is necessary for the proposed project. (d) Pursuant to Section 7267 .2 of the California Government Code, an offer has been made to the owner or owners of record. 3. I� is necessary that the taking of said property or interest in \said real property be in fee simple, and acquisition of the proper\�y in fee ownership is in the mann which will be most compatible with the greatest public goo and the least private injury. 4. The City\ Attorney for the Cit of Huntington Beach is hereby authorized, directed and empo ered to acquire in the name of the City of Huntington Beach, municipal corporation, a fee simple estate in and `to the abov described real property or interest in real property by ondemnation under the laws of the State of California re\atin to eminent domain and such other proceedings as are neces ry for the acquisition of said property. 5. The real prop y or interest in real property which is authorized for condem do by this resolution is situated in the City of Huntington each, Co my of Orange, State of California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1986. Mayor ATTEST: APPROVED AS TO FO City Clerk Ci y Attorney REVIEWED AND APPROVED: ITIAT D AND APPROVED: t - /I Of ;zw - City Administrator puty City Administrator Redevelopment _ - • = •: _ EXHIBIT A The real property proposed to be acquired by the City and Redevelopment Agency of the City of Huntington Beach is located in the City of Huntington Beach, County of Orange, State of California, generally located southwest of the Pac/'fic Coast Highway and southeast of the Huntington Beach Pier,/ portions of Assessor '.s parcel numbers 24-281-03 , 24-281-04 , and 24-281-12, and more particularly described on Descr ptions I and 2 below: DESCRIPTION 1 : LEG L DESCRIPTION OF MAIN-PIER REDE LOPMENT PROJECT AREA That Port on of Huntington Beach, County of Or nge., State of California A parcel of land th boundry being jescribed as follows: Beginning at the centerline intersection of Pacific- Coast Highway and Lake treet, thence southeasterly along the center- line of Pacific Co st Highway -sout 480 21' 42" east 37-. 50 feet to the intersection with the Southwesterly extension of the southeast right-of-w line of Lake Street; thence south 41°38 ' 18" -west 132.00 feet the tr a point of beginning; thence continuing southwester alon said southeast right-of-way extension south 410 38 ' 8" west 118 .00 feet; thence north 48° 21' 42" west 945.00 f e thence north 410 38J . 18" east 118-.00 feet; thence south 8' 21' 42" east 945.00 feet to the true point of beginning. DESCRIPTION 2 : LEG DESCRIPTION OF MAIN-PIER REDE , LOPMENT PROJECT AREA PCL #2I Tha portion of Huntington Beach, Cou ty of Orange, State of California . A parcel of la� the boundry being described as fol s: Beginning, at the centerline of intersection of Pacific Coast Highway and Main Street thence southwesterly along the center- line of Pacific Coast Highway south 480 21' 42" east 3,7 50 feet; thence south 410 38 ' 18" west 141.00 feet to the true point of beginning; thence south 48°21' 42" east 136.00 feet; thence. south 41' 38 ' 18" west 100 .00 feet; thence north 48° 21' 42" west 136 .00 feet; thence north 410 38 ' 18" east 100.00 feet to the true point of beginning. �4:r� ,;f. •x`�= •� l� •,`� ,� • � C �.r. � .t_ � � 3��' ;�I'.. .- n. .'� _��•}/��"/��r�,•y'�l��yi�.w' if a.••. r: ;�, �{• .a . •jl. �' ! � \�_....�� �\ \ 1'' �'. .aW?T'7t♦Ar•• .•�f.r..�• .�•�w�..`'J f(! OJ fl 44, IL tot 0 iY D 1 , "1'q.1''..alu�irZw�l+L.D.'id•.ew •....,..1. . ... .. �/*,\� .. •. ... � � ��! i f a� l � t \ 27 25 L I I �, Z i h WALNUT M •yi 6 °� 7 8 W 10 it) .� 1B .,. rJ\ B.9i b5 240. le9o�- EL pe.0 2oN.�e.. . , /.64 AC I 4ei s� gn��2' ��,.\ 459.99' . 9 �)o' s s6 )0z , 9�� N ,•,,.o�•► eo' t 3 . y ` 4L B6 AC 4 • iNE PER R.S. 8.23AC. TIDE 14UNTINGTON BEACH tt ; PACIF/C DEVELOPMENT SERVICES OEC 10 1983 •' '" i ' NOTE- ASSESSOR'S 1 BLOCK;1 MARCH 1969 P 0. Box 191 PARCEL NUMBERS Huntington Beach. CA 92648 SHOWN IN CIRCLES,. REQU T FOR CITY COU L/ REDEVEL PMENT AGENCY A ION RH 86-23 Date Marsh 7, 1986 Submitted to: Honorable Mayor/Chairman and City Council/Redevelopment Agency Members Submitted by: Charles W. Thompson, City Administrator/Chief Executive Officer ON 3�17�10 Prepared by: Douglas N. LaBelle, Deputy City Administrator/Redevelopment �d/V rb 31aKI,6 Subject: CITY COUNCIL/REDEVELOPMENT AGENCY RESOLUTIONS OF NECESSITY n� FOR MAIN-PIER REDEVELOPMENT PROJECT AREA p # Consistent with Council Policy? ` Yes [ ] New Policy or Exception RC5 'd Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for the City Council/Redevelopment Agency's consideration are Resolutions of Necessity which delineate. parcels in the Main-Pier Redevelopment subarea which may potentially require public acquisition. A noticed hearing has been scheduled for March 17, 1986. RECOMM NDATION: C nduc a noticed hearing and adopt Resolutions of Necessity (City Council Resolution No. and Agency Resolution No. ). ANALY S: This action represents the culmination of many months of effort on the part of city staff and the participating owner to establish a viable acquisition program within the Main-Pier Redevelopment Project Area. The approval of these resolutions will trigger specific action steps to be carried out by the City Council/Redevelopment Agency and ultimately result in an expansion of visitor serving comm.ercial facilities within the city. The conveyance of the site to the Agency will be used to support development proposed in the Main-Pier Redevelopment Plan. It is anticipated that development of this site will become the catalyst for the entire downtown revitalization effort. FUNDING SOURCE: Loan from the city's General Fund. ALTERNATIVE ACTION: 1. Not adopt the Resolutions of Necessity and continue negotiations with the existing property owner. i ATTACHMENTS: 1. Resolutions of Necessity (City Council Resolution No. �and Agency Resolution No. 7, ). 2. Map of subject prop rty. Pio 4ff44h y•-.T. - -` ."4r :- .lY,r'cS' e `�..• - -.if. _^_ "+`Y "2A ' E :N'sq- .. .= - r � 4 r 1. _�r,�r'- � Y _��';- '"ty`a�� bn �'"�',�-r t, �y,�r?�..,} .' •-k n � �'.L" L `� _ �ix ,�. r� '•cam �. - -: 0. March 5, 1986 RECEIVED # � - MAR. 1 C 1986 Council Chambers REDEVELOPMEKT, P.O. Box 2740 2000 Main Street Huntington Beach, Ca.92647 f Dear Sirs: . Kaye and Hank- Bojorquez of This is to inform you that Larry A public hear- The Green Burrito Restaurant will be attending y°U lopment area that ing on March 17, 1986, in -regards to the redeve involves are property- - Sincerely, marry A—.- Ye _Hank Bojorquez The Green Burrito Restaurant 317 Pacific Coast Highway Lower Level Huntington Beach, Ca.92648 714-536-2032 r CC: File _ . Clrf OF HUNTiNC-73%t! BEACH - CIT1! COUNCIL CF�7Ci! :^ vim`-r•�+r .ao-a. ..�- • .J PLANNING AND NEGOTIATING AGE BY AND I - BE.VEE N THE HUNTINGTON BEACH REDEVE:,OPIrLt''dT rf. HUNTINGTON SEW � AND HUNTINGTON PACIFICA DEVELOPKE.VT GROUP OF THE CITY CLERKFOR THE MAIN-PIER SUBAREA OF :HE MAIN-PIER � s :4 MAIN STRE1' ; REDEVELOPMENT PROTECT AREA 9 (NGTON BEACH. CALIF. 92648 THIS EXCLUSIVE NEGOTIATING AGREE* ( t'•e "Agreement" ) is made and entered %hto this ue' day of - � �1'" 1984 , by and between the HUNTINGTON EKCH REDEvELO r AGENCY, a public body (the "Agency" ) and Huntington Pacifica Development Group, a California Joint V nture, having its off ice at S��•1.. u alifornia (the "Developer") R E C I T A L S In furtherance of the objectives of the Community Redevelopment Law of the State of California, the Agency is degirous of encouraging the redevelopment of those certain parcels of land located within the main-Pier Subarea of the • Main-Pier Redevelopment Project, as shown on Exhibit "A" attached hereto (the "Main-Pier Subarea" ) . . SITE 1 The Developer desires to redevelop that portion of the Main-Pier Subarea as designated on Exhibit "A" - as "Si_e 1 . " The Developer currently owns those certain parcels within Sited as shown on Exhibit A and has binding agreements to purchase those certain parcels within Site 1 as shown on Exhibit A. The Agency desires that the redevelopment of Site 1 proceed in a manner compatible with adjacent property and consistent with the Redevelopment Plan. The Developer acknowledges that plans for the redevelopment of Site 1 Faust accomodate the interests of a majority of landowners as set forth by Agency Resolution 48 , as amended, and that such redevelopment should be compatible with adjacent uses within the Main-Pier Subarea. The Developer is desirous of negotiating a Disposition and Development Agreement with the Agency (the "DOA" ) to redevelop Site 1 with visitor-serving commercial uses and various public uses . SUBAREA MAS'"ER PLAN The Developer further desires to cooperate with the existing property owners from throughout the entire Main-Pier Subarea in preparing a master plan which will complement the development of Site 1 and expedite the overall redevelopment program.. Developer intends to work with existing property °' owners -in an .effort to assess individual° interests and identifya development opportunities and, With the cooperation of the t.= existing property owners, establish an overall .master plan for / the Main-Pier Subarea . Developer would only pursue a �... Disposition and Development Agreement .for the area outside of Site 1 if, and only if , the existing property owners support A-- ' such an effort as, required by Resolution 48, as amended. MUTUAL UNDERSTANDING AND INTMM, It is understood that the Developer desires to enter into this Agreement to demonstrate its capabilities . to -the Agency, to seek the cooperation of existing property owners in. - preparing an overall plan for the Main-Pier Subarea, to evaluate the economic feasibility of redeveloping Site` 1 ,- and thereupon, if the Developer obtains requisite consents of property owners , and the Agency and the Developer are able to agree upon terms for the disposition and development of Site 1 and possibly other appropriate portions of the Main-Pier Subarea, to enter into a DDA. It is further understood and acknowledged that the economics of the development of the site by Developer and the feasibility of the development of the Site by Developer and the feasibility of the Agency and the Developer entering into a DDA have not been determined to the satisfaction of either party. _ ® It is the intent of this Agreement to provide a limited period.,'---.< of time during which the Agency wall work exclusively with the(- Developer and participating property owners in making :the appropriate assessments and preparing the necessary plans . NOW, THEREFORE. the parties mutually agree as follows : 1 . Development Feasibility Study and Master Plan: . Upon execution of this Agreement by the Agency, the Developer shall work cooperatively with existing property owners and commence preparing or causing the preparation of a study concerning the development feasibility of the Main-Pier Subarea. Concurrently with such effort, and with property owner involvement, -the Developer shall. prepare a proposed master ;plan (the "Maser Plan") for the redevelopment of the Main-Pier Subarea. The Master Plan shall provide for the redevelopment of the Main-Pier Subarea with facilities and uses .hat - should be compatible with the approved coastal plan and will substantially upgrade the Main-Pier Subarea aid the surrounding vicinity. 2. MDroval of Landowners . Commencing on or , be<ore the date the Agency executes this Agreement and continuing throughout the next ninety (90) days (the "Negotiating Period") , the Developer shall seek approval_ and consent of � two-thirds (2/3) of the landowners,- with such consent - 0293D/2273100- - -2- :ti ' representing at least (2/3) of landholdings within the Main-Pier Subarea, or at least Site 1 (the "Consents" ) to enter into a DDA with the Agency as to Site l and other portions of Ab'- the Main-Pier Subarea .where appropriate consent has beenA. obtained to act as developer thereunder. 3 . Develooer ' s Procress Report : Forty-five ( 45 ) days after the Agency executes this Agreement, the Developer shall make a complete progress report to the .Agency. fully describing its achievements with respect. to evaluating the Main-Pier : Subarea, and obtaining the Consents (the "Progress Report.'" ) . The developer additionally shall make full. disclosure to the Agency of its principals, officers , stockholders , partners , joint ventures , emplojees and/or other associates, and all financial and operational information concerning the Developer and its associates as may be requested by the Agency. Zf requested by the Agency or the staff of the Agency, the Developer shall augment such Progress Report, and appear before the Agency at a public meeting to further supplement its report to its activities . • 4 . Negotiating Period: a) During the Negotiating Period, the Agency and the Developer shall negotiate in good faith to reach agreement on business points and prepare the DDA. The Agency agrees that , unless this Agreement is terminated, it shall not during the Negotiating Period, negotiate with any other person or entity regarding the redevelopment of Site 1 or the Agency' s or City' s landholdings within the balance of the Main-Pie_ Subarea, except other existing property owners ; the fcreacing shall not be deemed to prevent the Agency from f urn is ling to. anyone public records and information pe_rtairing to the Main-Pier Subarea available to the Agency. b) During the last ten ( 10) days of the Negotiating Period, the Developer shall make a complete report the the Agency with respect to all of the activities of the Developer hereunder (the "Final Report" ) . The Final Report shall include, without limitation, a proposed Master Plan for the redevelopment of the Main-Pier Subarea. 5 . Acencv O,otion to Terminate. Zn the .event that ( i ) the Developer fails , in a timely manner , to make- the Procress Report or the Final Report in scope and detail acceptable to the Agency in its sole discretion, or ( ii ) the Developer advises the Agency that it is not feasible for the Developer to proceed with the redevelopment of Site 1, the Agency shall . .at its option, and upon written notice to the Developer . terminate this Agreement; thereafter except with respect to and the provision of the Progress Report and the Full Report, neither party shall have any -obligation or liability to the other party. ,, . ` - .,� 0293p/2273/00 -3- 6 . -Termination of Agreement . -This Agreement shall terminate at the end of the Negotiating Period (as defined O/A herein) , unless earlier terminated pursuant ,to Section 6 or extended upon mutual agreement of the parties . 7. Extension of Negotiations : The Developer acknowledges that the Agency shall not be obligated to extend the term of this Agreement or to enter into any DDA with. the Developer: provided that, subject to the terms set forth in this Agreement , the Agency (and the Developer). -shall negotiate in good faith with respect to a DDA for Site i and shall consider reasonable requests to extend negotiations in the event the Developer has proceeded diligently hereunder .. In the event of termination or expiration of this Agreement, . the Agency shall be free at its option to negotiate with any persons or' entities with respect to the redevelopment of all or any portion of the Main-Pie: Subarea. Developer specifically acknowledges that this Agreement creates no interest or right in the Main-Pier Subarea (or any portion thereof) , other than those parcels owned or controlled by Developer , and the Developer hereby waives any right to claim such other interest as a result hereof . 8 . Reports Become Property of Aeencv: The Developer agrees and acknowledges that the Progress Report and the Final Report shall be the property of the Agency which may thereafter use such Reports in its sole discretion. ® 9 . Agency Non-Liabi:itv for Cost of Studv: The Develope r agrees and acknowledges that.._ irrespective of whether the parties enter into a DDA, the Agency shall have no obligation to contribute toward any cost of the study of the Main-Pier Subarea, the preparation of the Master Plan, or the preparation of the Progress Report or the Final Report . 10 . Prohibition Against Discrimination: The Developer t agrees that there shall be no discrimination against or segregation of, . any- person, or group of persons , on account of sex, race, color, age marital status , religion, creed, national origin or ancestry in the sale, lease sublease, transfer , use , occupancy, tenure or enjoyment of the Subarea, nor shall t.lie transferee establish- or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number , use of occupancy of tenants , lessees, subtenants, sublessees or vendees of the land. 11 . Conditions of Assignment of Agreement : This Agreement shall not be assigned by the Developer without prior written approval of the Agency, which the Agency shall grant or -refuse at its sole discretion. The Agency acknowledges . that , if the Developer desires to proceed to redevelop Site 1 pursuant to an agreement with the Agency, the Developer may desire to assign. ; its rights in this Agreement to another corporation, partnership, joint venture or other entity with which the .14 0293P/2273/00 -4- - Developer or its shareholders, directors or officers are affiliated and as to which the Developer retains at least a p fifty percent (50%) of the profits and losses and management -� authority (an "Affiliated Entity" ) . The Agency agrees to consider a request by the Developer to assign the Developer' s _ rights and obligations pursuant to this Agreement to an Affiliated Entity.,.` 12 . DDA Aporoval by Agency: The Developer' s principals , associates, partnQ.izs: .'. joint ventures, negotiators, development manager, consultants, professionals and employees shall not be deemed employees of the Agency for any purpose., . . 13 . DDA AporovaL by Agency: If the.negotiations hereunder culminate in a DDA signed by Developer, such an agreement shall become effective only after and if the DDA has been considered and approved by the Agency at its sole discretion following a duly-noticed public hearing. 14 . DDA Approval. by Agency: This Agreement sets forth the envire; agreement between the Agency and the Developer . The parties hereof have executed this Agreement the day and year first appearing herein. - ATTEST: - - - Agency Clerk _rperson HUNTINGTON PACIFICA DEVEMT OP?�L-�'3': GROUP COMPANY, a California Partn -sh' APPROVED AS TO FORM: INITIATED AND rPROVE:AS TO CONTENT• Agency Counsel -is- R evelopment Coordinittor RENI AND O AS FORM: ' ncy ConlSpecial e u . 0293jp/2273/00 :s- •` . *; `: ;; _5 t d • 1�•siti.;; 1 � , 1 Av,.Mvc low . . 96 � ;r 1 5 h ••••}:OWNlot Al ��� �d w�.wre��lr�rw�p Iir gwww��aw�i�rw` r . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � .. • , • • 1 • • • • • • • • . • • • . • • • • • • • . • • . . . . +• . • • • • . . • • • •+ • 00 Future r .•.•,•.•••..,. . . . . .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .;.•. ��••�r !• •,••• ••,••••,• ryMC4ASG OV 1 , r ,.. a +. .i •�••••••••�•••• • 1� .f ,`; ';i • 0000e �I 'i11'••' !. a ( • • • • • • - --.._ `` .•i•1-- ..__ - - «. MAIN - PIER SUtw5%AREA • • RESOLUTION NO 48 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES FOR APPROVING DEVELOP- MENT NET PROPOSALS WITHIN" THE MAIN-PIER REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Huntington Beach has prepared a proposed - Redevelopment Plan for the Main-Pier Redevelopment Project Area; and WHEREAS, with the adoption of said .Redevelopment Plan by the City Council of the City of Huntington Beach, the Redevelopment Agency wishes to insure meaningful owner participation in the identification, evalua- tion, selection and implementation of specific development proposals which may occur within .the Project Area, NOW, THEREFORE, the. Redevelopment Agency of the City of Huntington 4each does resolve as follows : Section 1. The Redevelopment Agency of the City of Huntington Beach will solicit the participation 'of existing property owners within the Main-Pier Project Area in the redevelopment program as required under the " Previously adopted Owner Participation and Re-Entry Rules. Section 2. The Redevelopment Agency,. in consultation with partici-- pating property owners, will identify and pursue specific development proposals for sites within the Main-Pier Redevelopment Project Area. Section 3 . Upon :formulating a specific development proposal for a site within the Main-Pier Redevelopment Project Area, the Redevelopment Agency will submit said development proposal to the owners of property within said site for their consideration and approval. Before the Re- development Agency can execute a disposition and development agreement , or owner participation agreement, or both, to implement a development proposal within the site which would require acquisition of property by the use of eminent domain, . the development proposal must be approved by sixty percent (60%) of the owners of property within the site, by number of owners , and at least sixty percent . (60%) of the owners , by land area, excluding public rights-of-way within said site. Section 4. For the -purpose of implementing Section 4 of this Reso- lution, the Redevelopment Agency shall utilize the, map which is attached, : hereto as Exhibit "A" for determining the land holdings of each individual owner and _the numbe.� of owners which will *be Orr gible to vote on any specific development proposal. Land holdings of an individual pr pert cFdncr within a site being considered as part of a development proposal willtL s aggregated to one total amount of area representing one vcte for said '�: - property owner. t Section 5. With the adoption of this Resolution, the Chief Executive r Officer is authorized to develop administrative. p procedures to implement the owner approval process as outlined above, and is - also authorized to amend the ownership ,map. as ownership changes occur. APPROVED AND ADOPTED this 7th day of September 1902 . ATTEST: Secretary Chairman APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT : Legal Counsel Director, Business & Industrfal Enterprise APPROVED: APPROVED AS TO FORM AND CONTENT: STRADLING, YOCCA, . CARLSON & RAUTH hie Executive Off icer BY: TOM CLARK Speical Redevelopment Counsel doom z _ ✓' -rgj•,•�1y,�R ° �-a�.F.�."� C'^t _� :ti - " .1'd3b:y •-rj: . .. #jj��lll Res. No. 48 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. -WENTWORTH, Secretary of the Redevelopment Agency of the City"of•Huntington; Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 7th day of September. 1982 and that it was so adopted by _,the following. vote: e AYES: Members: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Members: 1 ' None ABSENT: Members: Pattinson Secretary o the Redeve opment genc y of the City of Huntington Beach, Ca. , A. • :r. y �;e ' + ". -- —! 'is_s----- Q Wo�[ny, Nora 21 4 �i�+ ' - so -- --- 36i — y ' Westmoreland. Clyde L... 21 y'x • 9M :, Energy 0 welopment Corporation 23 ,o t �38 r Conley. John 24 1 23 3 • . - .- 6 A_ g— ' Shupe, Margaret E. 25 1 �. i ---- Omohundro. Stuart Y. et 0. 26 ' _—_"j CraccAiolo. franc 27 Wood Blanche A. et.al 28 40�30 39 '^133' "� Terry, Robert 29 1ll7 I 10 I I 1�12 se IJ 11 1' 32 la 2 d Bags[ad. Eldon W. 30 Gosney. Jack L. 31 _���— r•-- a— - r ——_— —'S Abdelmuti. Admed Named 32 Baxter. Anna L. 33 Lindley. Nary B. Terry, C. Victor 34 , c Mase, Ronald A. 35 ----—-------------------------------------------- —T-- Draper. Eleanor J. 36 40 Wilson, Thom4% E. 37 Main Street Saloon (Gary Mulligan) 38. k Watkins. Homer 39 1 To'mean i To mean.ttde City of Huntington Beach 40 tide line line and outer limits of pier ' o I e� $c:ry si .� 4ql . WA:A'UT y _.�- -- --'�- '=-==--- 4 - 13 • 13 : 4' ; ! � i � 40 • j `� °:� �` + � a l9`° I'f8 �19�10" ti ;� y �' ,� 14 i, 2 12 13 �io 1 ~ O i� �Q la I ' z s3EACHI �� Crn N m --- ; C04ST HN'Y v T —�...r........�.._--_— ------------------------2Q--------_•-_—_-------- -- m 40 - � cn Naber, John 1 Pruitt, Robert W. 11 x Sarrabere. Charles 2 Morris, Tommie R. 12 _ To mean Taylor. Margie 3 Marchand, Leo D. 13 ao tide line Tubach. Gwendolyn, et al (Holt) 4 Wallace, Gwendolyn 1. 14 To mean —+ Foax Development Company 5 Holwerda, Thomas 15 tide line • Ieidan, Adel M. 6 Nelson, Norma 16 a s Davis, Stephen F. 1 Gordner, Richard 11 ? Gates, Clyde Ronald 8 Gardner, Ernestine 18 If Assistance League 9 O.C. Specialties /2 19 .. Madzoeff, Helen 10 Pease, Harvey D. 20 0 City of Huntington Beach 40 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF REDEVELOPMENT February 27, 1986 Mr. Roger Work President Huntington Beach Company 2110 Main Street Huntington Beach, California 92648 SUBJECT : Real Property interest. of the Huntington Beach Company on the Southeast side of the Huntington Beach Pier Dear Mr. Work: As you know, the City of Huntington Beach is interested in developing through the Redevelopment Agency property on the southeast side of the Huntington Beach Pier. This property is part of the easement that was granted to the city in 1932 by the Huntington Beach Company and others for public, recreational, park and playground purposes and other uses appurtenant or incident thereto. The City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach have now determined to purchase the described property. . Yesterday, the city received an appraisal of your interest in the property, which interest consists of a non-possessory fee. This appraisal, which the city and the agency feel reflects an accurate and fair market value, concludes that the value interest is $10, 000. This does not include oil or mineral rights, except for surface rights. The city is prepared to seek immediate possession of the non-possessory .fee. However, the city recognizes that there are certain costs inherent \ in eminent domain proceedings and that there are certain interests . of Standard Oil Company of California which are not fully of record and may in some manner affect the value of. the property. Accordingly, the city and the Redevelopment Agency are prepared to offer you the sum of $40,000 for the interest of the Huntington Beach Company, on the condition that the Huntington Beach Company obtains the release of any interest of Standard Oil Company .of California therein. In that the city and agency will be purchasing these lots under the threat of eminent domain, you may be eligible for certain tax benefits. I hope that the price will be agreeable to you, and that we can enter into a purchase agreement and statement of just compensation forthwith. Please reply within ten days. I'f you have any comments or questions, please contact me or Douglas LaBelle at 536-5582 . The property is shown on the attached exhibits A and B., and runs approximately between the pier and Lake Street. Sincerely yours, CITY OF HUNTINGTON BEACH B Charles T om son, .i City Admi istrator Attachments Iry In Is .a •'kit , ••. • •LI'.,j f' y iNr• �:L�.i'`j ,I,,• � v / ;•�•:�• if % .T•• �,�•••,+►•• � f �`.rya. '►;, it 1k ,,' R 1:`mot'• 'r' .� j� � � ;�"!. . ''• . . . .,1 a '• ',1 . , � `'� J �, ;.�� ', t 1 ' '•�1 �� .fit••' 41 t ► ' e'' rIsI +� �- ..... f s ale Or At *raw gh 1 fit f . t•- 1 4 4 1 ILI 1 11p. y Awfr, 450 I N,�d 4"92'K4 Me ._(�ti 4 •" MAIN - PIER REDEVELOPMENT PROJECT AREA • LEGAL DESCRIPTION OF MAIN-PIER REDEVELOPMENT PROJECT AREA That Portion of Huntington Beach, County of Orange, State of California A parcel of land the boundry being 8escribed as follows: Beginning at the centerline intersection of Pacific Coast Highway and Lake Street, thence southeasterly along the center- line of Pacific Coast Highway south 480 21' 42" east 37. 50 feet to the intersection with the southwesterly extension of the southeast right-of-way line of Lake Street; thence south 41*38 ' 18" west 132.00 feet to the true point of beginning; thence continuing southwesterly along said southeast right-of-way extension south 410 38 ' 18" west 118 .00 feet; thence north 48° 21' 42" west 945.00 feet; thence north W A,' -_18" east 118. 00 feet; thence south 480 21' 42" east 945.00 feet to the true point of beginning. -- _ .�'.` `y - ...._ -'•+•� - - - - - - E Z.:_ ter LEGAL DESCRIPTION OF MAIN-PIER REDEVELOPMENT PROJECT AREA PCL #21 That portion of Huntington Beach, County of Orange, State.of California A parcel of land the boundry being described as follows: Beginning at the centerline of intersection of Pacific Coast Highway and Main Street thence southwesterly along the center- line of Pacific Coast Highway south 480 21' 421' east 37. 50 feet; thence south 41° 38 ' 18" west 141.00 feet to the true point of beginning; thence south 48*21' 42" east 136 .00 feet; thence south 410 38 ' 18" west 100 .00 feet; thence north 48° 21' 42" west 136 .00 feet; thence north 41° 38' 18" east 100 .00 feet to the true point of beginning. - '- NOTICE OF EMINENT DOMAIN PROCEEDINGS NOTICE IS HEREBY GIVEN that the Redevelopment Agency of the City of Huntington Beach and the City of Huntington Beach intend to commence eminent domain proceedings to acquire a fee simple interest in property owned by you or in which you may have an interest. A description of the property to be acquired is attached hereto as Exhibit "A" and made a part hereof. Prior to commencing said proceedings, the Redevelopment Agency and City Council intend to adopt a resolution of necessity as provided in Section 1245 .220 of the California Code of Civil Procedure. You are notified that the Redevelopment Agency and City Council will hold a public hearing at: Council Chambers 2000 Main Street 7 :30 p.m. March 17, 1986 at which all persons owning property to be acquired by eminent domain and who file a written request within fifteen ( 15) days after this notice was mailed, to wit: February 28, 1986, may appear and be heard on any matters referred to in Section 1240.030 of the Code of Civil Procedure, to wit: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. The Redevelopment Agency and the City of Huntington Beach need not give any opportunity to appear and be heard to any person who fails to so file a written request. Notice is hereby given by order of the Redevelopment Agency and the City of H ntington Beach. Chief E ecutive Offic Huntington Beach Redev ment Agency City Administrator City of Huntington Beach RCS: lp EXHIBIT A The real property proposed to be acquired by the Cite and Redevelopment Agency of the City of Huntington Beach is located in the City of Huntington Beach, County of Orange, State of California, generally located southwest of the Pacific Coast Highway and southeast of the Huntington Beach Pier, portions of Assessor ' s parcel numbers 24-281-03 , 24-281-04 , and 24-281-12 , and more particularly described on Descriptions 1 and 2 below: I DESCRIPTION 1 : LEGAL DESCRIPTION OF MAIN-PIER REDEVELOPMENT PROJECT AREA That Portion of Huntington Beach, County of Orange, State of California A parcel of land the boundry being jescribed as follows: Beginning at the centerline intersection of Pacific Coast ' Highway and Lake Street, thence southeasterly along the center- line of Pacific Coast Highway south 48° 21' 42" east 37. 50 feet to the intersection with the southwesterly extension of the southeast right-of-way line of Lake Street; thence south 41*38 ' 18" west 132.00 feet to the true point of beginning; thence continuing southwesterly along said southeast right-of-way extension south 410 38 ' 18" west 118 .00 feet; thence north 480 21' 42" west 945 . 00 feet; thence north 410 38.' - 18" east 118. 00 feet; thence south 48' 21' 42" east 945.00 feet to the true point of beginning. I I DESCRIPTION 2 : LEGAL DESCRIPTION OF MAIN-PIER REDEVELOPMENT PROJECT AREA PCL #21 That portion of Huntington Beach, County of Orange, State of California A parcel of land the boundry being described as follows : Beginning at the centerline of intersection of Pacific Coast Highway and Main Street thence southwesterly along the center- line of Pacific Coast Highway south 48° 21 ' 42" east 37. 50 feet; thence south 410 38 ' 18" west 141.00 feet to the true point of beginning; thence south 48021' 42" east 136.00 feet; thence south 41* 38 ' 18" west 100 .00 feet; thence north 480 21' 42" west 136 .00 feet; thence north 410 38 ' 18" east 100 . 00 feet to the true point of beginning. 1 I VERIFICATION BY PARTY(446, 2015.C. P.) I iSTATE OF CALIFORNIA,COUNTY OF 2 I I am the 1 31 4 ( 1 in the above entitled action:I have read the foregoing 51 I 6 and know the contents thereof;and I certify that the same is true of my own knowledge, except as to those matters which 7 � are therein stated upon my information or belief,and as to those matters 1 believe it to be true. i I 8 i r i I I 9i I 10 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on at California - 12 I (date) (place) 13 1 Signature j i 14 I PROOF OF SERVICE BY MAIL(1013a, 2015.5 C. C. P.) 15 fI STATE OF CALIFORNIA,COUNTY OF ORANGE 1 am a citizen of the United States and a resident of the county aforesaid: I am over the age of eighteen yeas and not 16 a party to the within entitled action; my business address is: - I 17 i 2000 Main Street, Huntington Beach, California 92648 18 on March 3 1986 I served the within Letter of Correspondence, i 19 1 Notice of Intent _ 20 on the interested parties 1 in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the 21 I United States mail at Huntington Beach, California addressed as follows: 22 First American Title 23 114 E. 5th Street j Santa Ana, California 92701 24 f attn: Ted Oliver I � I 25 i I 26 I 27 I declare, under penalty of perjury,.that the foregoing is true and correct. 28 II Executed on March 3, 1986 at Huntington Beach ,California (date) (place I j Li da Pitterof-'gnature I - f HUNTINGTON BEACH COMPANY CALIFORNIA FIRST BANK 2110 Main Street 15377 Brookhurst Avenue Huntington Beach, CA 92647 Westminster, CA 92603 SOUTHERN PACIFIC , TRANSPORTATION COMPANY GREEN BURRITO 6th-Main Street 317 Pacific Coast Hwy. Los Angeles , CA 90014 Huntington Beach, CA 92646 L. R. C. CORPORATION STANDARD OIL COMPANY OF CALIFORNIA 301 Pacific Coast Hwy. CHEVRON CORPORATION Huntington Beach, CA 92647 225 Bush Street San Francisco, CA 94104 ANDERSON ENTERPRISES, INC. 301 Pacific Coast Hwy Huntington Beach, CA 92647 STATE OF CALIFORNIA Real Estate Services Division Roo, 110, 915 Capitol Mall KENNETH M. NITZKOWSKI Sacramento, CA 95814 BARBARA E. NITZKOWSKI VICS ON THE BEACH 7041 Seal HOWARD A. LUTZ Newport Beach, CA 92648 c/o WPL INDUSTRIES 317 Pacific Coast Highway GENERAL PUBLIC Huntington Beach, CA 92646 C/O Attorney General 3580 Wilshire Boulevard Los Angeles , CA 90010 WILLIAM MALCOM POORS Zacks & Zack ' s Too 239 Lake Huntington Beach, CA 92646 ZACKS & ZACK' S TOO Cecil Wheat 239 Lake Huntington Beach, CA 92646 JACK K. CLAPP DWIGHT CLAPP DWIGHT ' S and JACK"S 1210 Main Street Huntington Beach, CA 92648 WPL INDUSTRIES Maxwells Restaurant 317 Pacific Coast HighwaY Huntington Beach, CA 92646 Exhibit A of Ordinance No. 2634 REDEVELOPMENT PLAN FOR THE MAIN-PIER REDEVELOPMENT PROJECT (INCLUDING AMENDMENT NO. 1) HUNTINGTON BEACH, CALIFORNIA September, 1983 i i i TABLE OF CONTENTS I Section Pace 1.0 INTRODUCTION 1.1 Introduction to the Redevelopment Plan 1 1.2 General Definitions 1 1..3 Project Area Boundaries 2 ' 1.4 Administration and Enforcement of the Plan 2 1.5 Duration of Plan 2 1.6 Procedure for Amending Plan 2 I j 2.0 REDEVELOPMENT OBJECTIVES AND PROPOSED ACTIONS 2 2.1 General Objectives of Redevelopment Plan 2 2.2 Participation of Owners and Tenants 4 2.3 Rehabilitation and Conservation of Structures 5 2.3.1 Rehabilitation of Structures 5 i 2.3.2 Moving of Structures 6 j 2.4 Acquisition of Property 6 2.5 Relocation Assistance to Displaced Residential 7 i and Nonresidential Occupants 2.6 Demolition, Clearance, Public Improvements 7 and Site Preparation 2.7 Disposition and Redevelopment of Agency 9 Property for Uses in Accordance with this Plan 3.0 REDEVELOPMENT PLAN IMPLEMENTATION 10 3.1 Cooperation with City 10 3.2 Cooperation with Other Public Jurisdictions 11 3.3 Land Uses for the Project Area i2 3.4 General Development Standards and Requirements 12 3.5 Methods for Project Financing 16 3.5.1 General Description of the Proposed 16 'Financing Method 3..5.2 Tax Increments 16 3.5.3 ' Issuance of Bonds and Notes 17 3.5.4 Loans and Grants 18 5.5.5 Relief of Financial Burdens Its 3.5.6 Financinn Limitations 16 L_ist of Exhibits A. Redevelopment Project Area Map 20 13. Redevelopment Project Area Legal Description 22 i ! 1.0 NTROJCT, 1.1 Wdductioh to the Redevelopment Plan .Prepared by the Huntington . Beach Redevelopment Agency, this Redevelopment Plan is for the Main-Pier Redevelopment Project in the City ot:Huntin ton Beach. This.Redevelopment Phan has been_ pyepgred pursuant ! to the Ci llfornis Community aedevblop Asht Law of the State.of California, Health and Safety Code, Section 33;� et eel., the Callf.trnia Constitution and all a0pl16able local laws sand ordinances. The proposed redevelopment of the Main-Pi•ar Redevelopment Project Area as described in this Plan conforms to the General 01an for the City of Huntington Beach adopted by the City Council and as thereafter mended. i This Proposed Redevelopment Plan is based on a Preliminary Redevelopment Plan approved by the Planning Commission on April 20, 1982 and on January 18, 1983. 1.2 Gen�al;Qafi nitlone The following definitions will govern in the .context of this kedevelopment Plan unless otherwise indicated in the text. means Huntington Beach Redevelopment A9Wcy,.: Hmtington elifornia or any successor in interest (big., C.L3.C.). i "City means the City of Huntington Beach, C1iiifornia. . 'l "Cit Council" means the City Council of the City off iintington Beach. California. "Count means the County of Orange, California. "L,ogal .2acrietion" means a description of the land within the Project area a�r.r.r irr..r� r f prepared in accordance with map specifleations approved !sy Oe California State Board of Equalization and attached hereto as Exhibit W. "Mao" means the Redevelopment Plan Map-for the Main-�Ner Ratevelopment Fir act, attached hereto as Exhibit "A". ! "Person" means any individual, or any public or private entity.. "Pled" means the Redevelopment Plan for the Main-Pier Redevelopment Project in the City of Huntington Beach, California. 'Planning Commission" means the City Planning Commission of the C—ity of j Huntington each, California. i "Project" means any undertaking of the Agency pu suent to t-le Redevelopment Law, and this Plan, or any dents thereto. j "Project Area means the area included within the bomdaries of the Main-Pier Redevelopment Project aroa as described cui O;e "tap- attached `,. he+reto as,Exhibit "A" and the le"l description,attachad heittd;Eachi�it "B". i I -1= 'R6deVelopm "ent Law means the Conimunity Redevelo "t tavw' o"fn"the' -: ....�� . Statg of California (Calif:urnia Health and Safety eckions :33I3,Q01 e[ 4 as s*oendetl-to date. :I14 t�1e 'Rl State of Gtllturnita: . 4 r me„nte '01eans maces atkw Ad 44 e. Spaniel .t 'f�. 3'xa Agency in *�+: SR 'pira hy:+ mC akin 331s 144. 3f 7 tfif l✓"dliiinunity e > r ryr.��'' r ``}}i■//t��tla�.�i t Laeeeee ire erid ill trbt : Xi I !' Cjt46W 46,'° L• tVM • S e� - i�T- J 1'. •. ,1'Y}1`.. Fy1 W per,,,, 1i 1 ddrree: l „� _ r t ::i �� �6 8aun t f f � # titlflt . af''lhe Arojeoi' Aae ate:setch`on.C#�e�rt�aiied•treto sis hbit +'A". The ;legal descrrlstton of the ioleci Aiea�rf81�Ct�ichei `iereio' *3n a r' i vr. r r l�4 Adrr�ifiistcaCion and Enforcement of the Plan The administration and enforcement of this. Pleri _inclu she-:�iceparetior end "execution of any documents imptementrng this- 6 ,Pian,.'a �l 1be {�ec.formed ay r A ohdy and/or�the City. The pravlilons of this Plan or other docuivieiats entered int,q ..pusuant to this PI in,itsygalso be enforcedbt MUrt,lit#g fi� lh ituted by, e' �ii t �e Agenc-, or t41 City. SUdh remedy--rhO 1 r�aF (ek, bi►t .are nbt lt� ft ;.specific perfornance, damages, reentry, mJiihctions, or anyr`,gther reme�din� apprgprlate to•'tkie pUcposea`r�f phis f iaaaaaa M edtli*aorii, any ti�i ,d pr`ov►srtins. whlN ire expressly toc the 664iift of owaera`of'py.operty,i , Ta r1 act :Area '( enf dred:il y svAh 6WOOO� , Y. . L5 Di,rra .of Plan Except for the nondiscrimination and nonsWo!x ion prov.iei,ons 'which shall f rum, in- oorpetuity, the pro'vifons 'bf this, shall 'be �gtfeetrve:. and the pi oxrlaions.ot othiar dacumants farrnMatecj pijftioa to this P���&y`be made effective`tdr 35 years from 'the cfa#e of eedtipti'ori cf this 4�terrby the �:ity Council or until all outstanding indel5ted"s'-..of:1h;a Agency 8heli be. retired, 1.6 Procedure .for Amending Plan This Plan may he amended by means. of the procedure establisiw'd in t'x- Redevelopment Law or by any other proredGirte+h6reaftt�r�est'e list al::;by 1�W.' 2.0 RFDEVC.OPMENT CMJECTIVES AND PROPOSED ACTIONS 2.1 General Oblecti•ves of Redevelopment Plan. In cr'e80ricq the Hrs►tington Beach.Redeuelopinent Agency; the salty twouncil df the Cityof.,Huntington Beach,.:declared:its �deeire to ►m 9 oti upgrade', and revitalize all areas of the City and in particular those areeas :±acithin the Cite which .eve'become blighted because of, d0Ebriti ion, douse 'eoono►nif-, phy,*oel And.. -social maladjustments. As :e. prat of t ' :ongoing r Bevel prnent .9effortaj_. Ehis HunEington= E a i �1 ' i �telopf�rz�i't"Aiq` tv has prepared th#a Plan for the Main-Pier RedevelopntProjact Area.. Aceordtly, the ob ecti.ves of this Redevelopment Project are.as.follows: -- Eliminating blighting influences, including deteriorating buildings, incompatible and uneconomic land uses, inadPquate 1xiblic improvements, obsolete .structures, and other physical, eco.nornic and asocial deficiencias; improve the overall appearanae ot4treets, parking areas and other facilities, public and private; `.and assure that all buWd'isigs are safe gor persons to occupy. -- Encouraging existing owners, businesses and tenants wjtfiin the Project Area to particip®te In redevdloprne0t activities. -- Providing adequate parcels and c®c�uired public improvements so as to encourage new constirtiction by ,Private .enterpri eby providing the City of Huntington Beach with an improved economic base. Mitigating development limitations which have resulted in. the lack of proper utilization of the Project Area to such an extent that it constitutes a serious physical, social, and economic burden on the ebirmunity which cannot reasonably be expected' to be reversed or alevioted by private enterprise acting alone. -- Providing adequate public improvements, public facilities, open spaces, and utilities which cannot be remedipd by. private or governmental action without redevelopment. -- Providing construction and employment opportunities in the development of these facilities and by providing. employment opportunities in the operation of the propoee"d�' coi�rraerciai and *too,' 0'Y:• ' eitional facilities. -- Implementing the construction or reconstruction of the City Pier, public parking, adequate. streets, curbs, gutters, street lights, storm gains, and other improvements as necessary to assist development of the Project Area to. conform to the General Plan 4--'a master-planned development and to correct existing environmental deficiencies. -- Establishing development criteria and controls for the permitted within the Project Area in accordance with modern and competitive development practices, thus assuring the highest d",gn standards ano environmental quality. -- Providing for relocation assistance and benefits to Project area residences which may be displaced, in accordance with:the:. provisions of the Community Redevelopment Law and the government code of f the State of California. To obtain the objectives of this Plan as set forth,.the agency.,is authorized to undertake most or all of the following implementing actions: Acquisition of property. -- Participation by owners and tenants in the redevelopment project. -- Relocation assistance to displaced residential occupants as required b� law. ' �II I + - 3- -- Development of adequate parking, landscaping, public improvements and facilities. Demolition clearance of properties acquired, and site preparation. -. Other actions as appropriate, including, but not limited to, :actions to assist property owners and tenants in the improvement of their properties to carry out the objectives of the redevelopment Plan. -- Assist in providing financing for private and public development in the Project Area. 2.2 Participation by Owners and Tenants 2.2.1 Rules for Participation Opportunities and Re-Entry Preferences Participation opportunities shall necessarily be subject to and limited by such factors as the land uses designated for the Project Area; t!ve provision of public facilities; realignment of streets if required; the ability of owners to finance acquisition and development of structures in accordance with the Plan; and any change in the total number of individual parcels in the Project Area. In order to provide an opportunity to owners and tenants to participate in the growth and development of the Project Area, the Agency shall promulgate rules for owner and tenant participation. If conflicts develop between the desires of participants for particular sites or land uses, the Agency shall establish reasonable priorities and preferences among the owners and tenants. Some of the factors to be considered in establishing these priorities and preferences should include present occupancy, participant's length of residency or occupancy in the area, accommodation of as many participants as possible,similar land use to similar land use, conformity of participants' proposals with the intent and objectives of the Redevelopment Plan, ability to finance the implementation, development experience and total .effectiveness of participants' proposal in providing a service to the community. Owner participant priorities shall take effect at the .time that the Redevelopment Plan is adopted by the Huntington Beach City Council. In addition to opportunities for participation by individual persons a, firms, participation to the extent it is feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Tim Agency shall upon the request of any conforming owner is5u.1 such owner within the first twelve months after the adoption of :!-e Plan a certificate of conformity in a form suitable for recordation with the County Recorder's Office. The Agency shall. not use ernine•i: 4 I domain to acquire property owned by conforming owners so long as use conforms to Plan. In the event that the Redevelopment Plan is amended after a duly noticed public hearing to change the _ r_equirements for the property, such otherwise conforming owners may aie required to enter into An'Uv er-Particip tion A_greernent with the Agency. In the event any of the conforming owners desires to construct additional improvements or substantially alter � air modify existing structures on any of the real property previously described as conforming, or acquire additional teal property_..��y44in the Project .Area, then such conforming owner may be reg4kk 4.,to enter into a participation. agreement with the,"Agency in the ` me manner as required for other owners. 2.2.2 Participation AgEteerilents The Agency may require each participant to gntpt.. ,into a binding agreement , with the Agency by -:which the, p4ff e�pa�nt agrees �e rehabilitate, developi or us`e the property in coformence with the Olen and to be subject to the 'provisions in. 0.0 Participation Agreement. In such agreements, *ticipints whip ir-s e>a real property &hall. be required 'to join in the reici#4otion of s_ cuinents as is rotessary to make the proviifdris of 'this Plan „:ap i;Cable to their properti es. 2.3 Rehabil-itation and.Conservation of Structures 2.3.1 Rehabilitation of Structures The Agency is authorized to rehabilitate and conserve or to cause to be rehabilitated any building or structure in the Prgj,ect.Area owned or acquired by the Agency. The Agency Is also autkpjri; d .and directed to advise, encourage and assist In the rehabilitation of property in the Project Area not owned or acquired by the Agency. The Agency and the City will conduct such .a prograrn to entourage owners of property within the Project Area to up9'r44_e:.,ad maintain their property consistent with'City codes and st4n4.ar4s., a.veloped for the Project Area. Properties may ►tie rehatiilit8tecl; ;provided: 1` rehabilitation and conservation activities on a stroctere are carric,.1 out in an expeditious manner and in conformance :yvi;tf�_'this Plan and applicable City building codes and ordinances; : and f'_! Whoreapplicable, rehabilitation is completed pursuant rO 41 Owner-Participation Agreement with the Agonc.. In the event. an owner-participant fails or refuses to rehahilitaitr or develop his real property pursuant to this Plan si0 a111 Owner-Participation Agreement, the real property or _ariv i itores, therein may he acquired by the Agency if acquisition funds Ire available. 2.3.2 Moving.of Structures As is necessary in carrying out this Plan and where it is eeono nicahy feAsihle to do so, the Agency i3 authorized in its. discretion to lnov(• or cause to be moved any standard structure or :building which can be reibilitated to a location within or outside the Project Area and dispose of such structures in conformance with the Law and this Plan. 2.4 Acquisition of Property E*cept as specifically exempted herein, the Agency may acquire, but is. not required to acquire, any real property located in the Project area, by gift, diMie, exchange, purchase) eminent domain, or any othdr lawful method. It is in the public interest and may be necessary in some instances, in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency Lo acquire real property in the Project Area. The Agency shall commence eminent domain proceedings to acquire property within the Project Area Within twelve (12) years after the adoption of the Plan. The Agency is not authorized by law to acquire real property owned by publir bodies which do not consent to such acquisition. The Agency is authorized, howevar, to acquire private_ property which was for►nerk public property b\. bei`ttg transferred by deed, lease, or otherwise to private ownership or control before the Agency completes land disposition within the,.entire.Project area if the Agency and the ge y .private -owner �dQ not enter into` a' participation agreement. The Agency shall not acquire real property to be retained by an ov�ner pursuant to a participation agreement if the owner fully 'performs under the ` egreerrrent. The Agency is authorized to acquire structures without acquiring t land upon which those structures are located. The Agency is also autfaoriied to acquire any other interest in real property less than' a fee. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires substantial structural alteration, improvement, modernization, or rehabilitation to assure that such j building is safe for people and/or businesses to occupy, or,(2) the site or lot 1 on which the building is situated required modification_ in size, shape or use, 1 or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or. refuses to 1 1 participate in the Plan by executing a participation agreement. The AtIonc% sMit define the circumstances to which this section is applicable. I i i i i i i I ' 1 -A- If_in implementing this Plan any dwelling units housing: pere#ans and families ofh;jf w- ..:ocr moderate income are destroyed or nd _t, removed frohe low and „ oderip a income houm-nq;market as part .of, the redovi lopment..project, the Atc shall, within four years of such =atedt uc.tlon .or femovai, rehabilitate, 1dr,�rbst eu oontruct, or cause to be reh iftwit pet ar,. Inat�ructed, t,ft—M- 1 qr sale to patsons'and families of low or mode ste,lncome an equal nu�►bar of roplaoement dwelling units at affordable rem wit ln,the Prujec' Art(.0 qr wlthln the CecNtrur l juriecHdtion o!' tt�e A►garsey, In 40M once with all Qte jroviale ofalctlons 3 `i►13rtd 3413.5 At ..dl� $fie Health and : l .Y r They Agency is authorized to install and construct or causa to.Oe:installed and e-orWrOcted- tempatery. public improvements end ten 4ary :public utilities to carry out "the:,Plan. Such tempo�racy publ Esas+rements may 1.; 004 are not limited to traffic signals, straets,� `atdd utilities. Ternji6rary utilities may be installed above ground. The A►teney is authorized to install and construct, or pay all or part of the valid -dit or to cause to be installed and ,constructed with the.consent of the City. CotincH of the City of Huntington .,poach the publip....improvements and p ibllc a1litles (within or outside the Prgj°iact Area) nec airy to carry out the Peen SOto pay far part or aU of the value therefor, if t -City Council finds and &W.Mlnes (1) that such public l ovements are:_gf�•benefit to the PeA set Area or to the 'immediate neigh ba�rhood in W.t i.Oh. E'he. project is loeisd, :mod (2) no other reasonable moans of finaiAg .such public irnproventente are available to the Community. Such . ilic,jmprovements nnw y. `leipl. d but ere, not itrnited to, parking f illti_ph recreational in p vementa, landscaping, utility undergrounding, bpnGtiea, bus stops, ped trlan walkways, bikaways, streets, cip. a, gutter s r#davralks, street li;ghtgr. gaweira, storm drai�i�s, tFaffic signals eIpctricsl d tSb Ki©n systems, qr'd luEion systems;Plazas,sparks. ay9rq nc • It Is srtiticipsted that the- Agency wltl ot5�uct and pvds, EFe streets, eldpwalkq, curbs and g 4*4, street U"s,. undargrdWd, utilities and l.en aping within the public rights-of-way Which ere..wiz_hin. the Project Mea In. addition, It is anticipated that the. Agency will- psist in the r�ecp t e.yoklon or construe on of the.City Pier and adjac t ubiic parking fiscli�tile. The Age is authorized to prepare or cause to be prepared as building sites any rear property in the Project Area owned by the Agency. When the value of such land or the cost of the installation and co'ns.truction of such facility, structure, or other improvement, or both, has•b�n: or will be, paid or provided for initially by the City of other pubiie' piration, the Agency may enter into a contract with the Cit,.y or other publick..corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part. of tFw cost of such facility, structure, or other improvement, or both, by periodic payrt►eatis over a period of "sage. The Agency may, in its sole and absolute discretion, determine that certain real:property within the Project Area and the owners of such prdperty will be . :pe ftted to remain as conforming owners without an owner 'participation �..� agree€irtel3t with the 'Agency, provided such owners continue Wa`operate, use and •rrrafnt-sin real property_within the requirements of:,06 Plah. However, confdrming owners may be required by the Agency to enter into an Owner Partivipation Agreement with the Agency, in the event -that :such owners desire:to•(1) construct any additional-improvements or subsrant gliy alter or modify existing structures or any of the real property desia`&d above as conforming, or (2) acquire additional property within the Project Area. iGenerally, personal property shall not be acquired. He ►+tiiver, where necetary, in the execution of the Plan,, the Agency is.out fca to acquire pasohal property in the Project Area,by;any I-awful medins;W'1`rrig eminent domafii. 2.5 Relocation Assistance. to Displaced Resixient:ial:and Nonresi.di-itii Occupants The Agency shall assist. all families, individuals, or other erMties;bisplaced by the project in finding other locations and facilities: In order.to:'carry out the project with a mlhimum of hardship to persons displaced from 'their homes, tisb Agency shall assist Individuals and farriiTies in finding's housing that is de'eent, safe, sanitary, within their financial means, in reasonably convenient locations, and otherwise suitable to their needs. The Agency: may provide by acquisitkn, construction leasing, rehabilitation, loans and 'grants, or ot`1er means, Mousing inside or outside the Project Area for displaced.'oersons, and to`mesi housing replacement requirements of state law. The Agency shall make relocation payments to persons (including families, business concerns, and others) displaced by the project, for moving expenses and direct losses of personal property (businesses only) for which reimbursement or compensation is not otherwise made. Ili addition, the Agent:y will reimburse owners for certain settlement costs incurred in the sale of triefr property to the Agency, and make addiflo41' relocation paymahts to those eligible therefor. Such relocation payments OW-1 be made pursuant to Agency rules and regulations and the relocation prov'i$' ons of the Government Code of the State of California. The Agency ''rriay make such other payments as may be appropriate and for which funds are available. The Agency shall make an extensive effort to relocate existing residienti�al tenants within the City of Huntington Beach. 2.6 Demolition, Clearance, Public Improvements and Site Preparation The Agency is authorized to demolish and clear or move buildings, structures. and ottier improvements from any real property in the Project area as necessary to carry out the purposes of this Plan. To the extent now or hereafter permitted by law, the Agency is,ad'thorized to pay f;dr, 'develop, or 'construct, any building, facility, struceuie', or other improverhent either within or outside the Project Area for itself.-or for. any pubic body ,vr entity to the extent where such improvement:would be of _ befit WOO Project Area.,., During the period of development in the Project Area, the Agency shall er�eure ths6 the provisions of this Plan and of other documents formulattid Ott Plan are being observed, and that development inihe Project Areit is proceeding in accordance with disposition and development dmd`u:Ments and time schedules. For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or othetw"ise dispose of personal property. 3.0 REDEVELQPMENT PLAN IMPLEMENTATION 3.1 COope�,r�with City Subject to any limitation in law, the City shall aid and cooperate with the Agency in carrying out this Plan and shall take any further action necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread of blight or those conditions which eaLlS a the blight In the Project Area. Actions by the City shall incl-Ude but are not neoasearily limited to the followings Irstitution and completion of proceedings for opening, clos:-ic;, - vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project Area. Such action by the City may include the Atindonment and relocation of public utilities in : the public rl i4s+of=way as necessary and appropriate to carry out this Plan. ' -- Institution and completion of proceedings necessary for changes ano improvements in publicly-owned public utilities within or affecting the I Project Area. f -- Revision of zoning, if necessary, within the Project Area to per.nit .t.-e land uses and development authorized by this Plan. -- imposition wherever necessary (by conditional use permits or of )t,,. means) of appropriate controls within the limits of this t'i.oi L100;1 parcels in the Project Area to ensure their proper development and -iso. -- Provision for adininistrativr enforcement of this Plan by the tit" after development. The City and the Agency shall develop and pros iA, for enforcement of a program for continued maintenance bN• own.e•I_Z• all real property, both Fxihlie and private, within the Project -\rr;, I throughout ttv� duration of this Plan. l 2.7 Disposition and Redevelopment of Agency Property for Uses in Accordance With this Flan For the purposes of this Plan, the Agency is authorized to soil, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or need of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose eal property by leases, trades or sales by negotiation without public bi'dding. All real property acquired by the Agency in the Project Area shall be soil or leased to public or private persons or entities for development for the (iser permitted in the Plan. Real property may be conveyed by the'Agency to the City or any other public body without charge. Property cokaning buildincs or structures rehabilitated by the Agency shall be offered for resale githu-. I one year after completion of rehabilitation or an annual, report conrei� !,iI)g such property shall be published by the Agency as required by -law. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retent.urr, or use of property for speculative purposes and to ensure t-hat 'develop­nf nts are Carried out pursuant to this Plan. All purchasers or lessees of property shall be made obligated to use 1 property for the purposes designated in this Plan, to begin alrij development of the property within a time which the Aqencv fi,,,s ,; reasonable, and to comply with other conditions which the agency de-?­.r, necessary to carry out the purposes of this Plan. To provide adequate safeguards to ensure that the provisions of this Mari :: be carried out and to prevent the recurrence of blight, all real property snid, leased, or conveyed by the Agency, as well as all property subject t.-) participation agreements, shall be made subject to the provisions (if this Flan by leases, deeds, contracts, agreements, declarations of restric•t.i.!r)-, provisions of the zoning ordinance, conditional use permits, or other -ne:3ns. The leases, deeds, contracts, agreements, and declarations' . of may contain restrictions, covenants running with the land, rights of rever:.er, conditions subsequent, equitable servitudes, or any other provision nectssar. to carry out this Plan. i All property in the Project Area is hereby subject to the restr!c: -)7 , there shall be no discrimination or segregation based upon race. ;eX. age, religion, marital status, national origin, or ancestry, in the s_a!__. sublease, transfer, JSe., occupancy, tenure, or enjoyment of propert, Project Area. All property sold, leased, conveyed, or sub;e;•' participation agreement shall he made expressly subject b% documents to the restriction that all deeds, leases, or contracts fir t`ie lease, sub-lease, or other transfer of land in the F'roject area s►i..i. such nondiscrimination and nonsegrr.gation clauses as are required by iav:. I •fir I I I ^ -- Performance of the above, and of all other functions and services relating to public health, safety, and physical development normail� -rM&red in accordance with a schedule which ' will permit the f re'divelopment of the Project Area to' tie commenced and carried to -� cotripletion without unnecessary delays. Referral to the Agency for review nn'd rocamrnertdatiun of all -- conceptual plans and substantial amendments to said plans pertaining to land use and development in the Project Area. Referral shall be made to the Agency prior to application approval by.the City. -- The City is authorized, but not obligated to provide and expend funds to ei eure the completion of the projilfct as a whole in accordance wit'i this Plan. The obligation of the City to perform tha. actions indicated in this section shall, except for the obligation to provide ' administrative enforcement of the Plan as described in Section 3.1 i her df, be contingent upon the continued availability of funding for this project primarily from tax increment revenues as defined in Method for Financing herein. In the event that, such funds, at any tin*,, become unavailable for the carrying out and completion of this project, the obligation of the City shall thereafter be limited to `providing assistance in the form of funds necessary to PaN administrative and overhead costs in connection with the termination or completion of the project. Such termination or co'+npletion. shall be limited solely to those activities previously commenced pursuant to thle-Plan. -- The undertaking and completing of any other proceedings necessar,. t-5 carry out the project. ( 3.2 Cooperation with Other Public Jurisdictions Certain public bodies are authorized by state law to aid and cooperate, ouith or wittaut consideration, in the planning, undertaking, construction, or operation of this project. The Agency shall seek the aid and cooperation of I such public bodies and shalt attempt to coordinate this Plan witti the j activities of such public bodies i°n order to accomplish the purposes of. rederviloptnlont and the highest public good. The Agency, by law, is not authorized to acquire real property owned public bodies without the consent of such public bodies. The Agenov, i however, will seek the cooperation of all public bodies which own or inten,� e acquire property in the Project Area. The Agency shall impose on all public bodies the planning and design controls contained in the Plan to ensure t`»t present uses and any future development by public bodies will conform to t it, requiremeits of this Plan. Any public body which owns or leases prupert. ` the Project Area will be afforded all the privileges of owner an' d ten.i et participation if such public body is willing to enter into a participanon agreement with the Agency. i - i i i I During such time as property, if any, in the Project Area is owned by the Agency, such property shall be ender. the management, maintenance, and control of the Agency. Such property may be rented or leased by the Agency pohding its disposition for redevelopment. 3.3 Land Uses for the Project Area -- Private Uses Permitted land uses within the Project Area are those residential, commercial and public uses as shall be illustrated from time to time in f the General Plan of the City. Specific permitted uses within the Project Area are those that are permitted, or conditionally permitted, by the zoning ordinance contained in the Ordinance Code when the zoning ordinance conforms to the General Plan. .The number of dwelling units will be in accordance with the provision of the General Plan and zoning ordinance of the City. I -- Public Uses, Public Street Layout, Rights-of-Way and.Easements The public rights-of-way, principal streets and streets teat may require improvements as proposed for the Project Area are illustrated In Exhibit A. Streets and rights-of-way may be widened, altered, aoandone.i. 'vacated, or closed by the Agency and the City as necessary for ,-r_lper j development of the project. Additional public streets, alleys and easements may be created by the Agency and the City in the Proiect Area as needed for proper development, circulation and access. -- Semi-Public, Institutional, and Nonpcofit Uses ! The Agency is authorized to permit the establishment or enlargement of public, semi-public, institutional, or nonprofit uses, including, but not necessarily limited to, educational, fraternal, employee institutions, and facilities of other similar associations or organizations in appropriate portions of the Project Area. All such 4 uses, if allowed by the Agency, shall conform so far as possible to the provisions of this Plan applicable to the uses in the specific area involved. The Agency shall impose such other reasonable restrictions upon such uses as are necessary to protect the development and us, �f the Project Area. I i 14 General Oevelopment Standards and Requirements I .411 real property in the Project Area is hereby made subject to the cC lti :s and requirements of this Plan. Furthermore, .the .agency may, if it deems appropriate and/or necessary, specify requirements in excess of it,ost. described herein or specified by state and local laws. No real propert" s'�all be developed, relvibilitated, or otherwise changed after tlx, daLo of tilt- adoption of the Plan except with approval of the Agenr.y and in cunfori>>."11100 with.the provisions of this flan. I I I Construction All construction,. whether new or rehabilitation; in the Project Arei' Aft I;t.comply_ with all applicable state and Iddid laws in effect from -N,,,,,, - �n�e of time includingi:.but. i'Qt 1 te8�Ad'i!t`y HrMte�`d tar, fire, building, f i ffirig electrical, heating, 4rddkioq p# rrfit�lrig a iii rrrechanicai, sign grid toriing codes of the City of I-kiPitiegtah Beach. RaMbilltatiori and kdt6htion'pf Existing Conforini►q Uses Although the Agency anticipates that few, if any; existing structures within the Project Area will meet the standards"for .rehabilitation, they, with Agency approval, may be repaired, aiteced, reconstructed, or rehabilitated, if necessary, in such a manner that %Hill meet the following requirements: -- Be safe, sanitary, and sound in all physical reitpects; -- Shall conform to the seismic requirements and the rehabilitation requirements of the building code for the City of Huntington Beech. - Shall conform to all codes for the City of Huntington Beach. Shell be comparable in -appearance to the architecture of the on-site proposed new structures. -- Retention of Existing Nonconforming Uses The Agency is authorized to permit an existing use to remain in an existing building in decent, safe, and sanitary condition, which use does not conform to the provisions of this Plan, provided that such use Is generally compatible.with the developments and uses in the Project Area. The owner of such a property must be willing} to enter inta a Oiirtieipetion Agreement and agree to the imposition of such reasonable restrictions as are necessary to protect the development and use of .the Project Area. The Agency is also authorized to permit an existing Use in an existing building not in decent, safe, and sanitary condition, which use does not conform to the provision of this Ilan, provided that such buildings rJrP rehabilitated to a decent, safe and sanitary condition, as determi,le:'. by the Agency, and provided that such a use is geterally compat:�__),'I• with development and uses in the Project Area. The4bwner of sucn property must be willing to enter into a Participation Agreemen! an;: agree to the imposition of such reasonable restrictions as are necessary to protect the development and use of the Project Area. -- Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors would be incompatible with the i surrounding areas, structures or uses. shall be perr"nitted in any part of the Project Area.; i Subdivision or Consolidation of Parcels No parcels in the Project Area, including any parcels retained by a .-participant, shall be subdivided or consolidated.;without the prior approval of the Agency. -- Limitation of Building Density The number of buildings in the Project Area will be consistent .vith building intensities permitted pursuant to existing or revised local Zoning ordinances for the City of Huntington Beach and this Plan. •- Limitation on Type, Size and Height of 864dings The height, type and size of buildings shall be limited by applicable state statutes and local zoning, building, and other applicable codes and ordinances and this plan. Where a conflict exists between such . local codes and ordinances ah4`4pecific provisions of this Plan, the Plan shall supersede. All new buildings built within the Project Area she'll, complement the overall aesthetic and physical scale of the existing .tu}ildings within and adjacent to the Project Area. -- -- Open Space, Landscaping, and Parking An approximate amount of open space is to be provided in the Project Area as required by City codes and ordinances and the Plan. Within the Project Area, both public and private streets, public and private parking and private streets shall be provided for in each development consistent with or exceeding City codes and ordinances in effect from time to time and this Plan. In all areas sufficient space, including open spaces, shall be n13intaint,J between buildings and structures to provide act,-quate light, air, alld privacy. Signs Signs which create hazards or (nsightly appearances by protrudinq, overhanging, blinking, flashing, showing animation, or other such similar conditions shall not. be permitted in this Project area. The ` Agency shall permit only those signs necessary for identification of buildings, premises, uses and products associated with the land parcel involved. All signs shall be submitted to the Agency and the City, as appropriate, for review and approval. -14- Odiscrimination and Nonsegre.gat+on There shall be no discrimination or se9regetion based upon age, race, sex, color, creed, religion, marital .atatus, nativms}l o---igin, or ancestry -�' permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Psoj.ect A>Gl , -- EMpto jeea and C_ontfgct Awards from the Comm- upity- Contractors and others eng4ged in constrwtion Wid rehabilitation : activities in the Project Area shall be encouraged to hire and train the maximum number of employees and trairevo from within the community consistent with the objeptives of this. Plan, Likewise, wire feasible, the Agency shall make distir►et efforts to sward contracts to business concerns. which are locgted in, or-:substantinhy owned by persons residing i , tt t . Qrgjeot rea if they .neat i rpqulrements stipulated by the Agency a6d this Plpf1; wJlnor Variations Under exceptional circumstances, the Agency ig a4thorized to per-r.it minor variations from the limits,. gtr4ctions, and pontaols established by 'this Plan. In order to permit flush rEtinor vs}> i, taions, the Agency must determine that: 4 -- The strict application of the provisions of the Piaf► would resul' in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan. `�.. -• There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not generally apply -to other properties having the same standards, restrictions and controls.. j -- Permitting a minor variation will not be m.4urially detrimental to the public welfare or injurious to," the property or improvements within or outsicea the Project Area. -- Permitting a minor variation will not be: contrary to the objectives of this Plan. No such minor variation shall be granted which changes a basi .- ian.! use or which permits substantial departure fr.orn the provisions of ;hi:: Plan. In permitting an such minor variation, the A� p g y gc+ncy shall in such conditions as are necessary to protect the public healt'i. saf:­,% 1 or welfare, and to assure compliance with the purposes of tnis flan.. Nondiscrimination and nonsegregation restrictions shall not ho subiec► to minor variation. I 1 i j -15- No minor variation permitted by the Agency shall be effective Until conditional .uses, variances, or other zoning changes, if any, have been effectuated by the City to the extent necessary :to obtain consistency With such minor variations permitted by the Agency. 3.5 Methods for Project Financing 3.5.1 General Description of the Proposed Financing Method Upon adoption of this Plan by the City Council, the Agency, if it deems appropriate, is authorized to finance this project with assistance from the City of Huntington Beach, Orange County, State pf California, Federal Government of the United States of America, any other public agency, donations, special assessment districts, property tax increments, interest revenue, income revenue, Agency-issued notes and bonds, loans from private institutions, the lease of Agency-owned property, the sale of Agency-owned property, or from aiy other sources of financing which are legally available and do not conflict with the objectives of the Plan. The City may supply advances and expend money as necessary to assist the Agency in carrying out this project. Such assistance shall be on terms established by an agreement between the .City of Huntington Beach and the Huntington Beach Redevelopment Agency. 3.562 Tax Increments Tax increment financing may not be the only source of funding for the Redevelopment Project. However, the project assessed valuation base i will be established in accordance with state law as described herein. Any tax increments will be used to defray project expenses to the extent the increment by itself or from the sale of tax allocation bonds allows. All taxes levied upon taxable property within the Plain-Pier Redevelopment Project Area each year by or for the benefit of the State of California, County of Orange, City of Huntington Beach, an\. district, or other public corporation (hereinafter, sometimes called "taxing agencies") after the effective date of the ordinance approving this Redevelopment Plan, shall be divided as follows: -- That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of sai" taxing agencies upon the property in the redevelopment project as shown upon the assessment roll used in connection wit•, ti) taxation of such property by such taxing agency, last equaii:!ej prior to the effective date of such ordinance, shall be allooate,i to and when collected shall be paid into the funds of the respective taxing agenrios as taxes, h, or for sal,+ 113m, I agencies, on all other property are paid (fear the ixfrpose -of allocating taxes levied by or for :any taxinq agent v or ngen-iv, i -16- The bonds and other obligations of the Agency are not a &-ill %)I tin- City, the State, nor are any of its political subdivisions liahl:• for them, nor in any event, shall the bonds or obligations he payable out of any funds ar-properties other than those of the Agency; and such bonds .and other oblige am stiall so state on their face. The bonds do not cph titute an intfet+te"Mess with.t_he meaning of any constitutional or st itutory debt li mitation-or restriction: 3.5.4 Loans and Grants Any other loans, grants, or financial assistance from the United States, or .any other public or private source will be utilized ,f aveilable as the Agency deems appropriate to its corporate purposes. 15.5 Relief of Financial Burdens. the Agency may in any year during which it owns propercy a redevelopment project pay directly to any city, county, cit► an.j county, district, indfuding, but not limited to, a school district, or other public corporation for 'whase benefit a tax would have ,)een levied upon such"roperty had it not been exempt, an amount of money In Hou of taxes. The Agency may also pay to any taxing agency with territory located Within the Project Area other than the City, any amounts of mO;nev which in the Agency's determination is appropriate to clleviare any financial burden or detriment caused to such taxing agency by t hr project. -�.. 3.5.6 Financing Limitations Consistent with Sections 33333.2 and 33334.2 of the California Community Redevelopment Law, the following limitations are imposed on this Plan. -• Taxes as defined in Section 33670 of the California 7o,nrnuni,% Redevelopment Law shall not be divided and shsli not be allocated to the Agency during any one fiscal (tax) year except by amendment of this Plan, in excess of $15,250,000. ` -- No loans, advances, or indebtedness to finance, in whole it ` part, the Redevelopment Project and to be-''repaid froo-) t �)t, allocation of those taxes described in the beforemantinoo,i Section 33670 shall be established or incurred by the .-agar,,N. beyond 20 yea-s f•om the date of adoption of this Plan h% t+N- City Council unless such time limitation is exteride.i 4 amendment of this Plan. However,1 such lam, advances, or indebtedness may be repaid over a period of time longer t')an such time limit. I -- Without an amendment of this Plan, the amount .Y indebtedness swerved by tax increments which the agent\ s'iai; have outstanding at any one time shall not exceed 1''.S Off).��'J)C 1 -17- which did not include the territory of the project on the effective date of such ordinance but to which such territory is annexed or otherwise .included after such effective date, the assessed roll of the County of Orange last equalized on ,the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the project on said effective date); and -- That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected, shall be paid into a special fund of the Agency to pay the principal of and Interest on bonds, loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, this redevelopment project. Unless and until the total assessed value of the taxable property in the project exceeds the total assessed value of the taxable property in the project as shown on the last equalized assessment roll, all of the taxes levied and collected upon; the taxable._property in the project shall be paid into the funds of the cegpieclve taxing agencies. When said bonds, loans, advances ane' `indebtedness, if, any, and interest thereon, have been paid, all monies thereafter. received from taxes upon the taxable property in the..project_shall be paid into the fu ec Linde of the resptive taxing agencies as taxes on all other property are paid. -- That portion of taxes discussed in this Subsection are hereby irrevocably pledged for the payment of the principal of and interest on the advance of monies, or making loans, or the incurring of any indebtedness, (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance in whole or in part the Main-Pier Redevelopment.Project. - The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out I the project, subject to the limitations on allocation of taxes, ! debt creetlon, and bonded indebtedness contained in this Subsection. 3.5.3 Issuance of Bonds and Notes The Agency may issue bonds or notes when a determination has hee;i f made that such financing is appropriate and feasible. Such bonds or notes shall be issued only after the Agency has determined that funds are, or will be, available to repay principal and interest when due and payable. In any case, the issuance of bonds or notes shall be subject to the limitations stipulated below. -Neither the members of the Agency, nor any persons executing ;.he bonds are liable personally on t1v bonds by reason of their issuance. I ! -18- -- Not less than 20 percent of all taxes which are allocated to the Agency pursuant to Section 33670 shall be used by the'Agency for tam purposes of increasing and improving the 'community's supply of �.. housing for persons and families of low or moderate inco►ne, as defined In Health and Safety Code Section 41056 and very low. income houttehWds as defimd in 5eotim 4107, unless one of the following i f indii"Ce are made: That no need .exists in the community, the provision of which would benefit the Project .Area to imprpve. or increase the 1 supply of housing for person end (O"M s'"O�f low or moderate income or very low income Households; or { -- That some stated ,percentage tees than 20'percet°it of the taxes l which are allocated to the Agency pursuant .to Section 33670 is sufficient to meet such housing need; or That a substantial effort to meet low and` moderate income. housing needs in the community is being rriade, and that this effort, including the obligation of funds currently available for the benefit of the community from statei. local and federal l sources for low and moderate income Mousing alone or in combination with the taxes allocated, under this section, is 4 equivalent in impact to the funds otherwise required to be set aside pursuant to this section. The City Council of the Mt.. shall consider the need that can be reasonably foreseen becr+use of displacement of persons of low or moderate Income or ver;, low income households from within or adjacent do the Project Area, because of increased employment opportunities, or because of any other direct or indirect result of implementation} of the Redevelopment Plan. i 4 i -19- • Exhibit "A" . Voter, u LLL � • snrrtr , i • � , 1 --_- It LL, 1 d.t : w ■ 0 U • " )Jr �� ' I.L.J ..l.I.'�� . "_ r ... ..�..�... w - - --- - ._ .J1 C � i I •tilflr• ty � uaru + Nf s IN 1 E elm wo some VIC i � -20- ti s� LJ IV LJ �_1�`J'_.J�Ju �i �'I�J�L►J � ift t i +{: '! _ �LL LL CITY OF WNTINGMN BEACH ' t r MAIN-PIER PLAN AMEND14ENT NO. 1 f n. ► p f rr Exhibit "B" LEGAL R, SCRIPTION RAIN-PIER R1i1111V1aOINI.NT PRaw.CT ARDX' lltat portion of Huntington !leach, County of Orange, State of California as -,how-r. (In a Nip recorded in Rook 3, rake 36 of Miscellaneous Maps in the Office of the Comity Recorder of said County described as follows: Beginning at the centerline intersection of Pacific Coast Highway and Lake Street shown as Ocean Avenue and First Street respectively on said mentioned ma;,; thence along the centerline of Pacific Coast Highway South 480 21 ' 42" East V .5 feet tar the intersection with the southwesterly extension of the southeast li of lake Street; thence .along said mentioned extension South 410. 38' 18" West 50 feet to the True Point of Beginning, said licint heing distant Soutliva ,t .�� Fast 1655 feet along; the southwest 1 inv of Pacific _Coast Ilig;hwa). to the with the southwesterly extension of the northwest line of Sixth Street; then•_c continuing South 410 38' 18" Wcst S25 feet more or less along; said extension t.c the nigh 'fide Line of the Pacific Ocean; thence northwesterly 910 feet more e: I less along said Iligh Tide Line to a line parallel with and 3S feet southcasterl,- measures! at right angles from the southwesterly extension of the line of ^ in Street as shown on said KQ) of Huntington l;cach; thcnce along; said »icntionvv! parallel line ,South 41° 38' 18" West. 1470 feet to a line parallel with znd (,P- 1 fret southwesterly, measured at right angles from the southwesierly end of Iituitington )leach Municipal Pier; thence North 490 21' 42" hest 14S feet alOTIg; said parallel line to a Line parallel with and 35 feet northwesterly measured at right angles, from the southwesterly extension of the northwest line of ttain Str�• thence North 410 38' 18" Cast 1470 feet to the high Tide Line of the Pacific Oce.,- i thence northwesterly 600 feet more or less along; said Iligh Tide Line to .the southwesterly extension of the northwest line of Sixth Street; thence along extension and northwest line of Sixth Street North 410 38' 18" East 103S feet �r: or less to the intersection with the northeast line of Walnut Avenue, being: t :- feer in width, 30 feet either side of centerline, said point being distant Ne:t:- I41`1 W 18" East along, said northwest line 510 feet from the southwest line o: Pacific Coast Highway; thence ;Tong said northeast line of halnut Avenue I 118" 21 ' 42" fast 1330 feet to an angle point. in said line, said point also rein cm the southeast line of Second Street tieing 60 feet in width, 30 feet either side of centerline; thence continuing; along; said northeast line South 100 091OWN Fast. 414 feet to the southeast line of lake Street; thence along; said southeast line South 41° 38' 18" West 254 feet to the Tnse Point of Beginning;. • EXHIBIT "B" (CC#nt LEGAL DESCRIPTION MAIN-PIER REDEVELOPMENT PROJECT AREA j PROJECT AMENDMENT NO. 1 I i A parcel of land situated partially in Sections 10 , 11., 12 , 13 , 14 , i Township 6 south, Range 11 west, San Bernardino base and meridian , County of Orange, State of California. Said parcel -being more particularly described as follows : Beginning at the intersection of section corners , Sections 11 ; 12 , 13 and 14 , thence north 89 037106" east 20 .00 feet to the true point of beginning; thence south 0040100" east 1, 320 . 00 feet to a point; thence south 89043 ' 00" west 1 ,955.76 feet to a point; thence north 0043115" west 1 , 350. 04 feet to a point; thence south 89043 ' 00" west 670. 00 feet to a point; thence north 0000111" west 2 ,640. 00 to a point; thence north 89058115" west 262 . 10 feet to a point.; thence Routh 0000100" east 294 . 10 feet to a point; thence north 89057113." west 375. 15 feet to a point.; thoncv south 41038 ' 18" west 419 . 7(, ffi- to a point; thence south 48021142" east 190. 00 feet to a point ; then._ south 41038118" west 1880. 00 feet to a point; thence north 48°21142 " west 15 . 00 feet to a point; thence south 41038118" west 125 . 00 feet to a point; thence north 48021 ' 42" west 750. 00 feet to a point ; thenc north 45012151" west 400 .66 feet to a point ; thence north 480211 •32" west 4255. 00 feet to a point; thence south 41038150" west 32i, . 00 to a point; thence south 46030100" east 5 ,628 . 00 fact to a ooint ; thence north 4103811.8" east 990 . 00 feet to a point ; thence Slotith 4�z 21142" east 1 ,330. 00 feet to a point; thence south 10009104" ea:t 414 . 00 feet to a point; thence south 41038 ' 18" west 690 . 00 feet to a point ; thence south 52054 ' 19" east 4 , 618. 08 feet to a point ; there':, north 0040100" west. 1 , 947. 92 feet to a point ; thence north 89 east 469 . 96 feet to a point; thence north 0040100" west 2 , 029 . 6 - to a point; thence south 89037 ' 06" west 469 . 56 feet to a point; ° thence south 040100" east 50. 00 feet to the true point of beginni,i.: .