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HomeMy WebLinkAbout1991 Annual Review of Waterfront Development Agreement REQUEST FOR CITY COUNb� ACTION July 13,R7,991 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administra Prepared by: Michael Adams, Director of Community Develop ent Subject: ANNUAL REVIEW OF WATERFRONT DEVELOPMENT AGREEMENT APPROVED BY CITY COU:`'CIL Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative lActionfl.Aftachment F I Tf CzL x STATEMENT OF ISSUE• Transmitted for your review is the annual review of the the Waterfront Development Agreement. The purpose of this review is to determine whether or not the developer, Robert L. Mayer, has complied with the terms and conditions of the Agreement. It was approved by the City Council in August 1988 and recorded in January 1989. Phase 1, Hilton Hotel, of the Agreement was completed in July 1990. This is the first annual review. RECOMMENDATION Motion to: "Approve the Annual Review of the Waterfront Development Agreement and Deem the Developer, Robert L. Mayer, in substantial compliance with the terms and conditions of the Agreement. " Planning Commission action and recommendation on June 18, 1991. ON MOTION BY BOURGUIGNON AND SECOND BY RICHARDSON, THE PLANNING CONLMISSION VOTED TO DETERMINE THAT THE DEVELOPER, ROBERT L. MAYER, HAS SUBSTANTIALLY COMPLIED WITH THE TERMS AND CONDITIONS OF THE WATERFRONT DEVELOPMENT AGREEMENT AS REQUIRED UP UNTIL THIS DATE AND FORWARD TO THE CITY COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Bourguignon, Richardson, Newman, Shomaker, Kirkland, Dettloff, Leipzig NOES: None ABSENT: None ABSTAIN: None 0 PI b 5/as "STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or PUBLIC NOTICE NOTICE-OF interested in the below entitled matter. I am a PUBLIC NEARING principal clerk of the HUNTINGTON BEACH ""OF;� `" INDEPENDENT a news a er of eneral WATERFRONT P P g DEVELOPMENT circulation, printed. and published in the City of AGREEMENT P P '7 NOTICE ISGIVEN HEREBY Huntington ton Beach, Countyof Orange, State of Bach that C ityythe Hun Council wll ill hold a publfc hearing in the California, and that attached Notice is a true and Council Chamber at the Huntington Beach Civic complete copy as was printed and published in center, 200o Main street, the Huntington Beach and Fountain Valley nia Zhe ate�a►,d 8'ne time Indicated below to re- issues of said newspaper to wit the issue(s) of: calve and consider the statemorrip of all persons who wish lo be heard rela- tive to the 4.pplication de- scribed bol6W. July 4, 1991 75 TE ME: Monday, July 7:00 PM APPLICANT: Robert Mayer CorpJCity of Hun- tington Beach LOCATION: Northside of Pacific Coast Highway be- tween Huntington Street and Beach Boulevard REQUEST: Annual review of developer's compliance with the Waterfront Devel- opment Agreement pursu- ant to Section 2 of the aent. NVIRQNMENTAL STA- TUS: Categorically exempt purant to Section 15301, Classsu 1 of the CEQA. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Hun- tington Beach, California I declare, under penalty of perjury, that the 92648, for Inspection by the public. A copy of the foregoing is true and correct. staff report will beparties as{abttlye forg� v� 9 Hal to torested tthe Main City at CLf brary nu �(t7111 yTalbert Av- Executed on July 4, , 199 1 BALL aINTERESTED 9 1PER- . SONS are invited to attend at Costa Mesa, Califomia said hearing and express, opinions of submit evl-' dance for or against the appVeCation as outlined bbopCity of Huntington Signature Bom*, Connie Brock. way, Clay Clork (714) 53"227 Published Huntington Beach Independent July 4, 1991 071-327 PROOF OF PUBLICATION ` ANALYSIS: The Waterfront Development Agreement is an agreement between the City of Huntington Beach and Robert Mayer Corp. for development of the Waterfront Mixed Use Project. It provides assurance to the applicant that the project may proceed with a development in accordance with the City's existing rules, regulations and official policies in effect at the effective date of the Agreement. The purpose of the annual review is to monitor the Agreement and evaluate the performance of the developer. Attachment No. 1 lists the sections of the Agreement which are the responsibility of the developer and whether or not they have complied. All the requirements of the Agreement, as well as applicable mitigation measures of the supplemental EIR No. 82--2, have been complied with. All but one of the entitlement conditions on the first phase hotel have been met. Condition No. 10 of Conditional Use Permit No. 87-19 requires that an affordable housing plan be submitted and approved prior to issuance of a Certificate of Occupancy. Currently, the Robert L. Mayer corporation is working jointly with the Economic Development Department in an effort to develop a project which complies with the City's Housing Element and addresses the Redevelopment law for providing affordable housing in a project area, this effort satisfies the intent of the condition. Environmr.ntA1-5tat The Waterfront Development Agreement was covered under Supplemental Environmental Impact Report No. 82-2. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Motion to: "Continue action on the Annual Review for further information." ATTACHMENTS: 1. Waterfront Development Agreement Compliance Matrix 2. Development Agreement by and between the City of Huntington Beach and Robert L. Mayer recorded January 13, 1989 3. Planning Commission Staff Report dated June 18, 1991 11TU:MA:SH: I p FCA 7/15/91 -2- (0136d) ATTACIMNI NO. 1 WATERFRONT DEVELOPMENT AGREEMENT DEVELOPER COMPLIANCE MATRIX (June 1991) Section Page Item Status 1.D(2)a(1) (a) 15 Phase 1: first class hotel C (b) 15 Phase 2: recreation facility F (c) 15 Phase 3: first class hotel F (d) 16 Phase 4 : all-suite hotel F (e) 16 Phase 5: specialty retail F (f) 16 Phase 6: luxury hotel F (2) (a) 16 Phase 1: 438 residential units F (b) 17 Phase 2: 219 residential units F (c) 17 Phase 3 : 218 residential units F (3) 17 Parking & Reciprocal Parking Agreement C1 (4) 18 Miscellaneous Site Improvements Cl (5) 18 Walnut Ave. Extension and the "spur" street C1 20 Walnut Ave. Extension (Phase 1) C1 (6) (a) 20 Miscellaneous Public Improvements-overcrossing F (b) 21 Miscellaneous Public Improvements-overcrossing F (c) (i) 21 Street Widening C1 (ii) 21 Street Improvements C1 (iii) 21 Signalization C1 (iv) 21 Waterline extension C1 (v) 21 Utility Extension Cl (d) 22 Reabandcn oil wells C1 (e) 22 Improvements accepted by City Cl. 1.D(2)b. 22 Setbacks Cl C. 23 Bulding Construction Cl. d. 23 Signs (PSP) C1 e. 23 Screening C1 £. 24 Landscaping C1 g. 24 Utilities Cl h. 25 Vehicular Access Cl. C = Complied C1 = Complied with as part of Phase 1; other requirements necessary with future phases N = Non-compliance F = Future Development 1 �1(TM� (9996d) Section Paae Ite Status 1.E(I) 25 Permitted Uses Cl (2) 25 Alcoholic Beverage Sales and Consumption Cl (3) 26 Dancing & Live Entertainment Cl 1.F 26 Phasing of Development Cl 1.G 29 Utilities C1 1.H 30 Cost of Development Cl 1.I 30 Applicable Ordinances, Regulations, Rules, and Official Policies 1.J 32 Other Governmental Agency Permits Cl 1.K 33 Transient Occupancy Tax Ordinance C1 C a Complied CI a Complied with as part of Phase 1; other requirements necessary with future phases N - Non-compliance F - Future Development * s See SEIR No. 82-2 Mitigation Measures and CUP No. 87--19 Conditions of Approval (9946d) huntington beach department of community development srAFF REPORT TO: Planning Commission FROM: Community Development DATE: June 18, 1991 SUBJECT: ANNUAI, REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT APPLICANT: Robert Mayer Corporation 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92658-08580 City of Huntington Beach 2000 Main Street Huntington Beach, CA 9264B 12ATE ACCEPTED: April 15, 1991 REQUEST: Annual review of developers compliance with the Waterfront Development Agreement. LOCATION: Northside of Pacific Coast Highway between Huntington Street and Beach Boulevard (Waterfront Project) . ZONE: Downtown Specific Plan District 9 (Commercial Recreation) and District 8b (High Density Residential) 1.0 SUGGESTED : Determine that the developer, Robert L. Mayer, has substantially complied with the terms and conditions of the Waterfront Development Agreement as required up until this date and forward to the City Council for approval. 2 .0 GENERAL INFORMATION: The Waterfront Development Agreement is being submitted to the Planning Commission for annual review purposes, pursuant to Section 2 (Page 34) of said agreement, to determine whether or not the developer, Robert L. Mayer, has complied with the terms and conditions of the Agreement up until this date. It was approved by the City Council in August 1988, and recorded in January 1989. Phase I of the Agreement, Hilton Hotel, was completed in July, 1990. This is the first annual review. Following a public hearing, the Commission shall either find that the developer has complied with the Agreement or, if it finds to the contrary, make a recommendation to the City Council regarding appropriate action. Such action will be forwarded to the City Council for final action. 11,11 M,2$C 3 .0 SURROUNDING LF►ND USE, ZONING AND GENERA) PLAN DE_$ICNATIQNS: Forth-of Subject RroPerty: GENERAL PLAN DESIGNATION: Medium Density Residential ZONE: R2-PD-CZ-FP2 (Medium Density Residential-Planned Development-Coastal Zone-Flood Plain) LAND USE: Condominiums East of Subject Property: GENERAL PLAN DESIGNATION: Visitor Serving Commercial, Open Space Conservation ZONE: RA-0 (Residential Agriculture-Oil) and R9-28 (fiigh Density Residential) LAND USE: Vacant, Apartments 9pe3ty: GENERAL PLAN DESIGNATION: Open Space Recreation ZONE: Downtown Specific Plan District 11 (Beach Open Space) LAND USE: Beach WeNt of Subject Prop=ty: GENERAL PLAN DESIGNATION: Visitor Serving Commercial, High Density Residential ZONE: Downtown Specific Plan District 8 (High Density Residential) and District 7 (Visitor Serving Commercial) LAND USE: Vacant The waterfront Development Agreement was covered under Supplemental Environmental Impact Report No. 82-2. 5.0 COASTAL STATUS: Annual review of the Agreement is not subject to any additional coastal requirements. Each phase of the Waterfront project however, is subject to a coastal development permit at the time of entitlement for that phase. The project area is located within the Coastal Zone under a non-appealable area. Prior to approval of entitlements for each phase of development, the Planning Commission must find that the concurrent coastal development permit is in conformance with the Coastal Element of the General Plan. Staff Report - 6/18/91 -2- (9912d) 6 .0 REDM OL PMEN1 STAUS: The subject site is within the Main-Pier Redevelopment Project area, and the City of Huntington Beach Redevelopment Agency has a Disposition and Development Agreement with the applicant. J.O—ISSUES AND ANALYSIS: The Waterfront Development Agreement is an agreement between the City of Huntington Beach and Robert L. Mayer corporation for development of the Waterfront project. The area is bounded by Pacific Coast Highway on the south, Beach Boulevard on the east, and a condominium project on the north and Huntington Street on the west. The purpose of the Agreement is to provide assurance to the applicant that the project may proceed with a development in accordance with the City's existing rules, regulations and official policies in force at the effective date of the Agreement. Such agreements are intended to strengthen the planning process, encourage public participation in planning and reduce the economic risks of development. The City may enter into a Development Agreement pursuant to City Council Resolution No. 5390, which was adopted in 1984 under the authority of Government Code Sections 65864-65869.5. The Agreement specifies the permitted uses, the density and intensity of uses, the maximum bulk, height, and size of commercial building, provisions for the reservation or dedication of land for public purposes, location and design of public improvements, and terms and conditions of development. The Commercial Master Site Plan is an attachment to the Agreement, and presents graphically and in greater detail the parameters of the development described in the Agreement. The residential portion of the project is not described in detail. However, the proposed number of residential units, their phasing, and timing of construction are set forth in the Agreement. The purpose of the annual review is to monitor the Agreement and evaluate the performance of the developer. Attached to the report is a compliance matrix (Attachment No. 1) which lists the sections of the Agreement which are the responsibility of the developer and whether or not they have complied. input from the Departments of Public Works and Economic Development were received to complete the evaluation. The Agreement also references the mitigation measures of Supplemental Environmental Impact Report No. 82-2 and approved entitlements. Since Conditional Use Permit No. 87-19, Tentative Tract No. 13045 and Coastal Development Permit No. 87-17 for the Hilton Hotel were approved and they represent Phase I of the Waterfront project, compliance with their conditions of approval were evaluated. Both the mitigation measures and conditions of approval are attached (see Attachment Nos. 3 and 4) and adjacent to each condition is an indication of whether or not compliance has been met. Staff Report - 6/18/91 -3- (9912d) All the requirements of the Agreement, as well as applicable mitigation measures, have been complied with. All but one of the entitlement conditions have been met . Condition No. 10 of Conditional Use Permit No. 87-19 requires that an affordable housing plan be submitted and approved prior to issuance of a Certificate of Occupancy. Currently, the Robert L. Mayer corporation is working jointly with the Economic Development Department in an effort to develop a project which complies with the City`s Housing Element and addresses the Redevelopment law for providing affordable housing in a project area. 0 . 0 RECOMMENDATION: Staff recommends the Planning Commission make the determination that the developer has substantially complied with the terms and conditions of the Waterfront Development Agreement as required up until this date and forward to the City Council for approval . J=-ACHMEN3:S: 21 Beyelopment-Ar9mr-eement by end between the Giby of Huntington -Beeeh and Reb. HS:SH:kj1 f0)1- Staff Report - 6/18/91 -4- (9912d) Auftuiwd to PubNsh Adverdsemvalts at a/knds indixft Pubria rto III, by Doleire�d the Slparior Calm of Cranes Cauitt%CaBand,JVta<rtw A4214,sopdnt m 29. 1U61,and , A,2M June 11.1963 STATE OF CALFORNIA County of Orange am a Citizen of the United States and a resident of the County aforesaid; i am over the ache of eighteen years, and not a party to or, interested in the below entitled matter. I am a 'N!5:�4ueLlc NOTICE principal dark of the ORANGE COACT DAILY NOTICE OF PILOT, a newspaper of general circulation, ANNUAL REVIEW printed and published in the City of Costa Mesa, OF 198E WATERFRONT County of Orange. State of California, and that DEVELOPMENT attached Notice is a true and Complete Copy as AGREEMENT NOTICE IS HEREBY published in the Costa Mesa+ Beach City Council will GIVEN that the Huntington was printed and ' .. ' P P hold a public hearing in the;. Newport Beach, Huntington Beach, Fountain Council Chamber at the, Huntington Beach _Civic; Valley, !ruins the South Coast communities and Hunting n Main Califor- nia,+ Huntington Beach, Califor-f nia,on the date and at the Laguna Beach issues of said newspaper to wit time Indicated below to re the Issue{s) of: stave and consider the statements.of all':persons who wish to be heard rela- tive to the application de-{ cribJuly 4, 1991 :DATER MEW Monday,July 15,1991,7:00 PM, APPLICANT: Robert Mayer Corp./City of Hun- tington Beach LOCATION: Northside of Pacific Coast Highway.be- tween Huntington Street and Beach Boulevard REQUEST: Annual review of developer's compliance with the Waterfront Devel- opment Agreement pursu- AM to Section 2 of the aggreement. ENVIRONMENTAL STA- TUS: Categorically exempt pursuant to Section 15301, Class 1 of the CEOA. COASTAL STATUS: Not applicable ON FILE:,A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Hun- tington; Beach, California 92648, for inspection by declare under penalty of perjury that the the A copy of the • � report staff re o will be available to interested parties at City foregoing is true and correct. Hall or the Main City Ll- brary (7111 Talbert Av- enue)alter July 11,1991. ALL INTERESTED PER- EXecuted on July �' , �99 � SONS are invited to attend s,. said hearing and express at Costa Mesa. California. opinions .or submit evi- dence'for or against the application as outlined Above. �.4.XLLZ_,; City of Huntington Beach, Connie Brock. Signature way, .City Clerk (714) 536.5227 Published Newport Beach-Costa Mesa Pilot July 4,1991 th38B PROOF OF PUBLICATION