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Home My WebLink AboutWaterfront Development - RCAs and Background Materials inclu Authorize. ) ubl, h Advertisements of all kinds including public notices by Decree'of the Superior Court of Orange County, California, Number A-6214, dated 29 September. 1961. and A-24831. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange PublK N01" ADwonlYng covwred by It.$ 81'W"I a aN Inri 7 pnt .ntn to pK$column w1Ctn 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 interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS-PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Public Hearing Ocean View Estates of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one t im e fffflXt?� 41to wit the issue(s) of August 24 1988 198 198 198 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 26 , 1988— at Costa Mesa, California. Signature PROOF OF PUBLICATION (4 ) Will not be detrimental to the health, safety and— general welfare; (5) Will not advsersely affect the orderly development of property values. Based on the above findings, the Planning Commission of the City of Huntington Beach, hereby approves the Waterfront Master Conceptual Plan and Development Agreement and recommend adoption by the City Council. REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach on the 22nd day of June, 1988 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mike Adams Victor Leipzig Planning Commission Secretary Planning Commission Chairman APPROVED AS TO FORM: Q�bi City Att ney be 2 MITIGATION MEASURES SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 soils 1. The Waterfront project shall conform to mitigation measures included in the Downtown Specific Plan EIR 82-2. 2. Subject to approval by the Departments of Community Development and Public Works, the developer shall incorporate recommendations provided by Irvine Soils Engineering, Inc. (in their June 29, 1984 limited geotechnical investigation Job No. 2561-00, Log No. 4-6086) into project designs, plans and specifications for each phase of the overall project. 3 . Prior to the issuance of grading permits for each project phase, a supplemental geotechnical investigation based on the specific proposed design shall be performed to confirm subsurface conditions (liquefaction hazard zones and ground- water levels) , and provide supplemental recommendations, as appropriate, for final design of each structure and for the proposed residential development. 4 . Design provisions such as pile foundation systems shall be required to permit structures to withstand liquefaction without serious consequences. If significant liquefaction hazard zones are identified in the supplemental geotechnical investigation, the development plan shall be revised prior to issuance of building permits for each phase, to avoid these areas or the hazard shall be mitigated by densification of the liquefiable soil or other recognized techniques. 5. All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. 6. If verified as being required by a qualified soils engineer, existing fill materials and disturbed, loose soils shall be removed and replaced with competent material. For each phase, such reports shall be submitted to, and approved by, the City Engineer prior to issuance of grading permits . All site preparation, excavation, and earthwork compaction operations shall be performed under the observation and testing of soils engineer(s) • On_Site--Wetlands, 7. Subject to the approval of the Coastal Commission, and as agreed upon by City staff and State Department of Fish and Game staff, the amount of wetland area that shall be mitigated for is .8 acres. Planning Commission Resolution No. 1397 M7Exhibit A 8. To mitigate for the loss of the on-site wetlands, the applicant shall prepare a detailed restoration plan that complies with Coastal Act requirements and Department of Fish and Game criteria. Further discussions with the Coastal Commission, DFG, and U.S. Fish and Wildlife Service will be necessary to determine the most appropriate restoration site, the type of wetland to be restored, the monitoring plan, and other considerations. These issues shall be clarified prior to Coastal Commission review of a Coastal Development Permit for the affected phase of the project . 9 . Full mitigation of the .8 acre site shall be completed prior to the subject wetland site being altered by the proposed project. No development permit for grading, construction or otherwise, shall be issued for the impacting phase until full mitigation has been accomplished. The mitigation measure(s) is subject to the approval of the City, the California State Department of Fish and Game and the California Coastal Commission. The restoration plan shall generally state when restoration work will commence and terminate, shall include detailed diagrams drawn to scale showing any alteration to natural landforms, and shall include a list of plant species to be used, as well as the method of plant introduction (i .e. , seeding, natural succession, vegetative transplanting, etc. ) . This condition does not preclude fulfillment of the mitigation requirement through the payment of an in lieu fee, consistent with the Coastal Commission's adopted wetlands guidelines and the Huntington Beach Local Coastal Program. 10. Prior to the alteration of the on-site wetland area, a coastal development permit shall be obtained from the California State Coastal Commission. 11. Subsequent to Coastal Commission and Regional Water Quality Control Board approval of an appropriate wetlands mitigation plan, and prior to the filling of the on-site wetland area, a 404 permit from the Corps of Engineers shall be obtained. Adjacent Wetlands 12. Prior to any alternation of the overall project site by grading or filling activity, a hydrological analysis of the drainage patterns affecting the on-site wetland area or adjacent wetland area shall be conducted by the developer. such analysis shall determine the drainage effects on the wetlands portion of the site. No develop- ment, grading or alteration of the project site shall occur which affects the wetlands or adjacent wetlands without fully analyzing the affects on the on-site Exhibit A . -2-- . (0751d) f � wetland and adjacent wetlands. The developer shall provide evidence to the City and to the Department of Fish and Game that the project's runoff management system will deliver approximately the same amount of freshwater urban runoff to these wetlands as under existing conditions, and in approximately the same seasonal pattern. This evidence shall include (a) a hydrological analysis comparing the existing and post-project water supply, and (b) drawing s and a description of the runoff conveyance system in sufficient detail for a qualified engineer to judge its adequacy. The State Department of Fish and Game shall be consulted regarding alteration of the drainage pattern of the site which may affect the above-mentioned wetlands . The developer shall provide the Community Development Department with a written report subs- tantiating compliance with this mitigation measure prior to submittal of grading plans or permit issuance for each phase. 13 . If the developer proposes to increase or decrease the water supply to the wetlands east of Beach Boulevard, or to change the seasonal pattern, the developer shall provide, in addition to the evidence required in mitigation measure #12, a biolo- gical analysis demonstrating that there would be no significant adverse impacts on the wetlands or associated wildlife. Land Use 14 . The developer shall enhance the property fronting Pacific Coast Highway and Beach Boulevard with a graduated/meandering landscaped setback of not less than 25 feet for residential and 50 feet for commercial, from curbline, along the distance of the entire frontage. Such enhancements shall be depicted in the approved site plan for each commercial phase. The intent of this landscaped setback is to provide a visual and aesthetic buffer for the property to the east. Appropriate landscaping amenities shall be included, to the approval of the Planning Director. 15 . Prior to the issuance of building permits for Phase I, the developer shall screen the mobile homes at Pacific Mobilehome Park (at the western portion of the project site) by means of a six foot high block wall (the length of which to be determined by further acoustical study) on top of a one and one-half foot high berm. Substantial mature landscaping shall also be provided to the approval of the Planning Director. The purpose of this wall is for aesthetic screening and noise attenuation. 16. The developer shall complete the site plan review process established within the Conditional Use Permit regulations to ensure compatibility with all elements of the City' s General Plan and the Local Coastal Program established by the Coastal Commission. Exhibit A -3- (0751d) i f Circulation Prior to the issuance of a Certificate of Occupancy for each phase of the commercial portion of the project, the developer shall provide a Transportation Systems Management Plan to the Community Development Director. At minimum, the plan shall include the following: (see items 17-23) 17. The provision of bus or shuttle services to regional activity centers within the County shall be provided to hotel visitors. 18 . The provision of shuttle services to local activity centers, including Main Street and the City and State beaches, shall be provided to hotel visitors. 19 . The provision of at-grade and elevated crosswalks to facilitate pedestrian access to beach amenities. 20 . Employee use of public transportation shall be promoted by selling bus passes on-site. 21. The provision of bus shelters, benches and bus pockets near the proposed project, subject to review by the Orange County Transportation District. 22. The provision of monitored or gated security facilities at all project parking facilities to control use. 23 . The provision of a southbound left turn lane at the intersection of Huntington Street/PCH to improve the flow of left turning traffic. Iraffig/Circulation: 24 . Prior to approval of each subsequent phase beginning with phase 3 of the project, the Planning Commission shall determine the need to conduct a traffic study. This determination will be made in consideration of original technical assumptions and changed traffic or land use conditions. If an additional study is required, the study shall include summer and non-summer peak hour conditions. The study shall be based on local conditions utilizing local statistics and recent traffic counts. The traffic analysis shall be used to determine if additional significant impacts exist which were not addressed in final SEIR 82-2. Parking: 25. Prior to approval of each phase of the project, the Planning Commission shall determine the need to conduct a parking study. This determination will be made in consideration of the parking ratios applied to previous phases and performance therof. Exhibit A -4- (0751d) Air Quality 26. Dust suppression measures, such as regular watering and early paving of the road shall be implemented by the project proponent at each phase to reduce emissions during construction and grading. 27. All parking structures shall be ventilated, in conformance with the Uniform Building Code standards, to reduce vehicle emission levels within the facility. The ventilation plans shall be approved prior to issuance of building permits for each parking structure. 28. Prior to the issuance of Certificate's of Occupancy for each commercial development phase, a Transportation System Management (TSM) plan, as approved by the Planning Director, shall be implemented and shall include the following components: a. The provision of bus or shuttle services to regional activity centers within the County for hotel visitors. b. The provision of shuttle services to local activity centers including Main Street and the City and State beaches during the summer peak periods. C. The provision of at-grade crosswalks and elevated crossings to facilitate pedestrian access to beach amenities. d. A program to promote employee use of public transportation, including the sale of bus passes on-site. e. The provision of bus shelters, benches and bus pockets near the proposed project. Archaeology 29 . For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall attend the pre-grade meeting with the contractor, developer and City representative to ensure cooperation for the paleontological monitoring. 30 . For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall be retained to monitor grading to salvage any fossils exposed by construction activity. 31. For each development phase of the project, if any archaeological or historical materials are found during grading or construction, all work shall cease immediately and a qualified archaeologist shall be contacted in order that the appropriate mitigation measures can be taken. Exhibit A -5- (0751d) Socio-Economic Effects, 63 . A minimum of six months prior to the date that a specific phase of the park will be closed, all affected tenants shall receive a written notice advising them of the definite date of closure. If relocation assistance per the approved Relocation Assistance Plan has not been previously arranged with the affected tenants, the program shall be put into effect during this six month period. 64 . Consistent with program 8.5.2.5 of the City`s Housing Element of the General Plan, the applicant an/or City staff shall meet with the mobile home park tenants and coach owners to explain conversion process and relocation assistance. 65. Consistent with program 8.5.2.6 of the Housing Element, the City or Redevelopment Agency shall assist in relocation of persons affected by this redevelopment project. 66. The developer shall comply with all aspects of Article 927 of the Municipal Code, including an approved Relocation Assistance Plan which shall include a Mobilehome Acquisition and . Relocation Benefits Agreement executed by the Redevelopment Agency, RLM Properties, Ltd. , and the Driftwood Beach Club Mobile Homeowners Association, Inc. - the Mobile Home Overlay Zone, an ordinance enacted to require rezoning on change of use of a mobile home park to comply with certain requirements/ standards prior to initiating such a change in use (see Appendix for a provisions of Article 927) • 67. Prior to closing any portion of the mobilehome park, the developer shall provide a relocation coordinator who will provide general relocation assistance to all tenants with special emphasis on assisting special needs groups identified in the SEIR. Availability of such a relocation assistance plan shall be to the approval of the City Council and shall be incorporated into the Relocation Assistance Program required by Article 927 of the Municipal Code. 68. Per the provisions stipulated in the approved Relocation Assistance Plan, the developer shall pay the cost of relocating a mobile home coach, when the age and condition of the coach allows feasible relocation. 'PC Minutes - 6/8/P8 -15- . (o977d) RESOLUTION NO. 1397 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING SUPPLEMENTAL E. IRONMENTAL IMPACT REPORT NO. 82-2 (SEIR 82-2) FOR THE WATERFRONT PROJECT TO .BE LOCATED IN DISTRICTS 8B AND 9 OF THE DOWNTOWN SPECIFIC PLAN WHEREAS, the Waterfront Master Plan and related entitle- ments, and Supplemental Environmental Impact Report No. 82-2 have been prepared; and The City of Huntington Beach was the lead agency in the preparation of the Supplemental Environmental Impact Report; and All persons and agencies wishing to respond to notice duly given have been heard by the Planning Commission either through written notice or during a public hearing on June 8, 1988, and such responses and comments as were made were duly noted and responded to, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Huntington Beach as follows : SECTION 1. The Planning Commission does hereby find that Supplemental Environmental Impact Report No. 82-2 has been completed in compliance with the California Environmental Quality Act and all state and local guidelines therefore. SECTION 2. The Planning Commission has considered all significant effects detailed in Supplemental Environmental Impact Report No. 82-2, together with existing and proposed measures to mitigate such significant effects. (Exhibit A attached hereto. ) SECTION 3. The Planning Commission further finds that through the implementation of the aforementioned mitigation measures, the majority of the potentially adverse impacts associated with the Waterfront project can be eliminated or reduced to a level of insignificance. SECTION 4. The Planning Commission finds that the benefits accruing to the city, both economically and socially, by virtue of implementing the Downtown Specific Plan through the Waterfront Master Plan override the unmitigatable effects detailed in Supplemental Environmental Impact Report No. 82-2 and the attached statement of overriding considerations (Exhibit B attached hereto) . SECTION 5. The Planning Commission of the City of Huntington Beach does hereby adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2 and recommends that the City Council adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting thereof held on the 8th day of June, 1988. PC Minutes -- 6.'8/88 -16- (0977d) REQU Yg 19� `ECQ,I, ACTION 9 w� 15 August 5, 1988 Submitted to: Honorable or ity Council Submitted by: Paul Cook, City Administrator Prepared by: Douglas N. La Belle, Director, Community DevelSNCY Subject: DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ROBERT MAYER CORPORATION AND THE REDEVELOPMENT OF THE CITY OF HUNTINGTON BEACH Rom,, 5914 Consistent with Council Policy? 14 Yes [ ] New Policy or Exception AU I g 7 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT-OF—ISSUE: Transmitted for the City Council/Redevelopment Agency's consideration is a Disposition and Development Agreement with the Robert Mayer Corporation for the Waterfront project. E MMENDA N• Staff recommends that the following separate actions be taken: 1) Conduct a joint public hearing on the Disposition and Development Agreement; and 2) Adopt appropriate resolutions between the City Council/Agency and the Robert Mayer Corporation. ANALYSIS: The Robert Mayer Corporation is proposing to develop a 44-acre, mixed-use project consisting of four hotels, one tennis and health center, a shopping plaza, and 894 residential units. The project is part of the Main-Pier Redevelopment Project Area and is located on the inland side of Pacific Coast Highway between Huntington Street and Beach Boulevard. The project will provide at least two hundred and twenty-five million dollars ($225 million) of commercial and residential development exclusive of land value. The Agreement stipulates that the Developer shall lease 20 acres for commercial development from the Agency and purchase the remaining 24 acres for residential development. On June 22, 1988, the Planning Commission approved the proposed project's Conditional Use Permit No. 87-19 with special permits, Coastal Development Permit No. 88-3 and Tentative Tract Map No. 13045. A Development Agreement and Master Conceptual Plan was also No 5/85 approved on that de Jby a vote of 6-0, howeve a minority report ' addressing residentlrgl density, floor area rat and parking was = subsequently submitted to City Council from the Planning Commission on June 27, 1988. These concerns were addressed in a communication from the Mayer Corporation to City Council on July 26, 1988 and further examined by Community Development staff in a separate report. The Development Agreement is attached to the Disposition and Development Agreement for reference purposes only and will be transmitted for Council action as a separate item with the above mentioned reports attached. A 33433 Summary Report has been prepared and is attached as required by the California Health and Sajfety Code. This report is required before any property of the Agency acquired directly or indirectly can be sold or leased for development pursuant to a redevelopment plan. Also provided is an analysis by Keyser Marston Associates of the economic components of the Disposition and Development Agreement and a second report which examines City/Agency costs and revenues generated by the Waterfront project. ENVIRONMENTAL STATUS: The project area has been analyzed in Environmental Impact Report No. 8202 for the Downtown Specific Plan approved by the planning Commission on February 15, 1983 and certified by City Council on July 18, 1983 . In accordance with Section 15163 of the California Environmental Quality Act, Supplemental Environmental Impact Report No. 82-2 has been prepared to specifically analyze the Waterfront project. The Supplemental Environmental Impact Report No. 82--2 was approved with amendments by the Planning Commission on June 8, 1988 and will be presented for Council certification and adoption on August 15, 1988. EMING SOURCE: The Redevelopment Agency will acquire the project site from the City at a purchase price of 22.4 million. Proceeds to the Agency from land disposition including residential land sale and commercial ground lease are valued at 16.07 million dollars. Relocation costs for mobilehome park residents and costs associated with the extension of Walnut Avenue shall be advanced by the developer and repaid through an allocation of 38.5% of the tax increment and 50% of the Transient Occupancy Tax revenues generated by the project. ALU]RNATIVE ACTIONS: 1) Continue action on the Disposition and Development Agreement and related documents to allow for additional review time. 2) Direct staff to further negotiate specific points of the Agreement with the developer. 3) Deny the approval of the Agreement and/or related documents. ATTACIINIENT 1. City Council Resolution 2. Agency Resolution 3. Disposition and Development Agreement 4. 33433 Summary Report 5. Keyser-Marston Economic Analysis DLB:SRH:ss THE ITY F H l�N TINGTON. BEACH C O t q OVERSIZED DOCUMENT ON FILE WITH CITY CLERK r Authorized 10 Publish Advertisements 01 all kinds including public notices by oecres Of the Superior Court of Orange County. California. Number A-ti214, dated 29 September, 1961. and A-24831.doted 11 June. 1963 STATE OF CALIFORNIA County of Orange PuDW kW"sa.WICWV co"'" by eN offt"vot is W a r �N .nn 10 rKo Cok~W dth 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 interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS-PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa. County of Orange. State of California. and that a Notice of of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa. Newport Beach, Huntington Beach, Fountain Valley. Irvine, the South Coast communities and Laguna Beach issues of said newspaper for nne tine 5pM1B';0%WW to wit the Issue(s) of _July__30- - 198-B _ 198 198 19a 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on —Aiigiz_qt:---2 198 A at Costa fifes lifornia. Signature PROOF OF PUBLICATION TH CITY C: F Hr,-U,N-",T 1fGT` ttN B EACH `F 5 � 4 OVERSIZED DOCUMENT ON FILE WITH CITY CLERK A�Inotq to r +nsh Advertisements of alt k.nds rniluding Public notices *r J)PNO of the Sjpertor Court of 01an9e CountY. catiiornia humper A•6214 dared 29 Seplemt)- 1961 and a-24831 Caled 11 ne.-;1963 STATE OF CALIFORNIA County of Orange .ro..r -001KAA0..6-5..g of INN *-"* r .f w � 7 pain •nn to p . w.c■caito01a I am a Citlzer 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 interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT. with which is combined the NEWS-PRESS. a newspaper of general circulation, printed and published in the City of Costa Mesa. County of Orange. State of California. and that a Notice of Public Hearing Date,_ Of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one time }ratect`W�''+% e�r to wit the issue(s) of August 4 g 198 198 . 198 198 198 1 declare, under penalty of perjury, that the foregoing is true and correct. August 8 g Executed on f 798 — at Costa Mesa alifornia.- 1 / - Signature PROOF OF PUBLICATIOa . L � TOMPKINS & PARRINGTON ATTORNEYS AT LAW EMMETT A. TOMPKINS. JR. 320 NORTH GARFIELD AvENLIE 19161 289.3727 THOMAS E. PARRINGTON 12r31 263.3107' WILLIAM W. MORRIS POST OFFICE Box 5139 ALHAMBRA. CALIFORNIA 91802-0589 August 8, 1988 City Clerk City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 Re: Mobilehome Acquisition and Relocation Agreement Driftwood Beach Mobilehome Park Dear Clerk: Please send a copy of the Mobilehome Acquisition and Relocation Agreement Between the Redevelopment Agency of the City of Huntington Beach, the Robert Mayer Corporation, the Driftwood Beach Club Mobile Homeowners Association, Inc. , and the individual tenants of the Driftwood Beach Club Mobilehome Park. It is my understanding that copies of this document are available from you. Enclosed is a check made payable to the City of Huntington Beach for a sum not to exceed $15.00 to cover the costs of photocopying the document. Thank you for your assistance. If you have any questions please contact me. Sincerely, William W. Morris WWM/dab Enclosure " �1 o/IF e' 2 AUGUST S, 1988 HUNTINGTON BEACH NEWS j NO'T`ICE OF JOINT PUBLIC HEARING CTTY.COUNCIL/REDEVELOPMENT AGENCY ; MOBILEHOME ACQUISITION AND RELOCATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY,' ROBERT MAYER CORPORATION, DRIFTWOOD BEACH,CLUB MOBILE HOMEOWNERS ASSOCIATION,INC. ., AND INDIVIDUAL TENANTS (MAIN-PIER REDEVELOPMENT.PROJECT,AREA- WATERFRONT) Notice of a joint public hearing by the City Council of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach on a Mobilehome Acquisition and Relocation Agreement 9 between the Redevelopment Agency of the City of Huntington Beach and the Robert Mayer Corporation and Driftwood Beach Club Mobile Homeowners Association, Inc.and the individual tenants of the Driftwood Beach Club Mobilehome Park. NOTICE 1S.HEREBY GIVEN that the City.Council of the City of Huntington Beach and the Redevelopment Agency of the City of Huntington`Beach will hold a joint public hearing on August 15, j 1988,at 7:00 p.m.,in the Council Chambers,City Hall,2000 Main Street, Huntington Beach,California, j to consider and act upon a Mobilehome Acquisition and Relocation Agreement between the Redevelopment Agency of the City of Huntington Beach,the Robert Mayer Corporation,the Driftwood Beach Club Mobile Homeowners Association,Inc.,and the individual tenants of the Driftwood Beach Club Moblehome Park. The agreement provides for the acquisition of mobilehomes in Driftwood Mobilehome Park and the relocation of Park tenants.The agreement also provides for disposition of propetty pursuant to the Agency leasing to the Association the premises referred to as Ocean View Estatos I and IL Descriptions of the site can be found in the agreement. C opies of the Mobilehome Acquisition and Relocation Agreement are on file for public inspection and copying for the cost of duptication at the office'of the City Clerk, City of Huntington Beach,2000 Maim Street,Huntington Beach.-California,between the flours of 8:00 a.m.and 5:00 p.m. Monday througl Friday, exclusive of holidays. interested persons may submit written'comments addressed to the City Clerk of the City of Huntington Beach,Post Office BOx.190,-Huntington Beach,California,92648,priorto the hour of S:W p.m.on August 12, 1988.' At the time and place noted above,all persons interested.in the above matter may appear and be heard. I Ht1MUGTON BEACH.Connie BrockwW,,Ofty Clerk 0 =° L"4 PitbbdC ia :AugS ils - 4 AUCFUV 5, 1988 ':Y No e �i M � G. DEVELOPMENT AO-ENCY 3T,0SM1 AND DEVELOPMENT AGREEMENT- itN THE REDEVELOPMENT AGENCY AND ROBERT MAYER CORPORATION UAI PIER.REDEVELOPMENT;PROJECT AREA-WATERFRONT), Notice of a joint public hearing by the City Council of Huntington Beach and the Redevelopment - Agency,of the City of Huntington:Beach on a Disposition and Development Agreement between the Redevelopment Agency,of the City of Huntington Beach and the Robert Mayer Corporation. Nl;3ME IS HEREBY GIVEN that the City Council of the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach will hold a joint public hearing on August:7s, 1988,at 7:00 Rm., in the Council Chambers,-City Hall;2000 Main Street, Huntington Beach,California, to Consider angact upon a 'Disposition and Development Agreement between the Redeveoopmeo Agency of the city of Huntington Beach and the Robert Mayer Corporation. The agreement provide,40 the development of a mixed use project on 44 acres of land,fronting the inland side of Pacific Coast Highway between Huntington Street and Beach Boulevard. The proposed project will feature 4 hotels with approximately 1500 rooms. Commercial uses will include'a health and tennis club, retail pfamwfth - restaurants,and a shopping plaza. The development will also feature a residential component. The proposed project is covered by Final Environmental Impact Report and Supplemental Environmental)mpact Report 82-2. The City Council/Redevelopment Agency will consider certification of said Environmental Impact Report and Supplemental Environmental Impact Report No.82-2. Copies of the Disposition and Development Agreement and the Environmental Impact Report are on file for public inspection and copying for the cost of duplication at the office of the City Clerk, City.of Huntington Beach,2000 Main Street, Huntington Beach, California,between the hours of 8:00 a.m. and 5:00 p.m.,Monday through Friday, exclusive of holidays. Interested persons may submit written comments addressed to the City Clerk of the City of Huntington Beach, Post Office Box 190, Huntington Beach,California, 92648,prior to the hour of 5:00 p.m.on August,12, 1988: Atthe time and place noted above, all persons interested in the above matter may appear and t1a CITY OF HUNTINGTON BEACH,Connie Brockway,City Clerk feted July 28, 1988 Bullish in the Huntington Beach News Auk 5, 1-988 . I r mr ` ems f +«I. h�llirl _ change otuseformamobleho"0 tAt7BCTCF[GTICE PUBUOI�OTiGE PUBLICNOTICE to other uses consistent with the ngi NOTICE OF NOTICE OF JOINT PUBLIC undemdse Plan NOTICE OF PUBLIC PL@S�lil�' �$I.SSfeoLAU9n , JOINT PUBLIC HEARING HEARING HEARING DATE No.88-1:Fortheilxtensiond Walnoll CITY`COUNCiL/ CITY COUNCIL/ Avenue throughallareageneraliypa� REDEVELOPMENT AGENCY REDEVELOPMENT AGENCY (WATERFRONT) allot to'and appf Ifflatelit 3oCT$ety OBiLEHOME ACOU ISITION DISPOSITION AND DEVELOP- ZONE CHANGE NO.87-7/ inland'froM Pacify Coast Hlghi#, AND RELOCATION AGREE MENT AGREEMENT- FINAL SUPPLEMENTAL Bbetweeoulevard. MENT Street and $va�ta MENT BETWEEN THE REDS- BETWEEN THE REDEVELOP- ENVIRONMENTAL conceptual M A �. VELOPMENT AGENCY, MENT AGENCY AND' IMPACT REPORT ter pf for a tl1 multiphase,', ROBERT MAYER ROBERT MAYER CORPORA- NO.82.2/ mixed use project oonsisting o)'1gsdltand health center (4OW q pd l CORPORATION, TION PRECISE PLAN OF feet). speciafty'retalvresta'��urt#�"f,yr; DRIFTWOOD BEACH CLUB (MAIN-PIER REDEVELOP- STREET ALIGNMENT (75,000 square 460.894"resldt�Ilat'I MOBILE HOMEOWNERS MENT PROJECT AREA- NO.Mil/ Spas,and 9.9 acres of public open{i ASSOCIATION,INC. WATERFRONT) DEVELOPMENT - sCO sA TA_ L STAI S:The majoar.of AND INDIVIDUAL TENANTS Nance d ajdnt public hearing by AGREEMENT/MASTER thesleisinthenottappealabiellroapf (MAIN-PIER the CityCounclofHuntingtonBeach thecoastalzone,Aportiondthaeast andtheRedeveiopmersAgencydthe- CONCEPTUAL PLAN REDEVELOPMENT PROJECT CltycfHundngtonBeachonaDisposl (To consider the Waterfront Project, armhoever.TtB:zonechanCabfe 1111, AREA-WATERFRONT) lion and Development Agreement _ area however.TAB zone e a lff6th a Notlos d a joint public headng by between the Redevelopment Agency 7�e Chang two remove the MH ment Included Is a beast l Comrpsslonf torn form ni the City Council d Huntington Beach dthe Coastal Lommiss>o at Plan.. CIIydHuntington8eadtandthe `(Mobilohortte)overtayzane,a Final withlheO.ocalCo atalPlan. , _.. dth Redevelopment Robert Mayor Corporation. Supplemental Environmental impact t=ihly Clty U11WIMOnBeach on aMoble- NOTICE IS HEREBY GIVEN that Report• a Precise Plan,d Street Supplemental E Imnmentat i mipaa .home Acquisllm and Relocation theCityCouncildtheCitydHunting Ail nmsMfortheextensionofWalnut Agreement between the Redevelop- tar Beach and the Redevelopment Avenue and a Development Agree- Report�' kod was prepared f W fhe ment Agency of the City of Huntington Agency d the City of Hunt n proposed h t he use project in ati W 9 � nerd for the master conceptual plan.) dance with the California E Beach and the Robert Mayer Corpora- Beach wig hold ajoim public hearing on NOTICE IS HEREBY GIVEN that mental Quality Act The SEIRe�' tlon and Driftwood Beach Club Mobile August 15,1 WS,at 701)p m.in the the Huntington Beach City Council will ject to the final c'ettificationof the City, Homeowners Assoclation,Inc.andthe Council Chambers,City Hall, 20n0 hold a public hearing in the Council Council. Procipq Plan of SZ"t individual tonal" of the Drltwood Main Street,Huntington Beach,Cal- Chamber at the Huntington Beach 9t Alignment No.di.,was oovered'i15 f Beach Club Mobtlehortte Park forma to consider and act upon an Civic Center,2000 Main Street,Hunt- der NegatNe Deder of the propOopo No. u' `--"NdT10E tS+IBWi�NQNE and Devekpmem A9�- fig[on 8eat:h,Calfomfa.6n fie daTB A copy d ts@q j the City Council of the City of Hunt- ment between the Redevelopment and at the time indicated below to request ison fie irtheOfficsdtheMy ington Beach and the Redevelopment Agency of the City d Huntington racelveandconsiderthestatementsd Clerk 2000 Main Street,Huntington Agency of the City of Huntington Beach and the HabertMayerC:orpors- an persons who wish to beheardrela- Beach,Caliomtatr2648.for lns Beachwil hold ajointpublichearingon ttdn. The agreement provides for the thretotheapplloation described below. pubft August 15,19M.at 7A d m O pm,in the developmernaxeduseprojectan tionby INTERESTED Council Chambers, City Hall, 2000 44 acres d land fronting the Wand side 12ATEMMF. Monday. August 15, Invited to attend Said public hea 1tg' Invited to attend eons or submit mit V. r Main Street,Huntington Beath,Call- of Pacific Coast H between 0� forma,to consider and act �y App 7V0 PM and express r or against a submit upon a Huntington Street and Beach Boule- APPL1CATiON NUMBER: Zone Mobilehome Acquisition and Reloca- vard.The eel wllfeature outoef above.lnsttleareacatbnlis proposed Prof Change No.67-7,Final Supplemental outtlned above.itAtere areanyfur@tet tlon Agreement between the Redevel- 4 hotels with approximately 150D Environmental Impact Report No.82- opmerx Agency d the City dHunting- rooms.cormiercialuses will includea 2,Precise Pivot Street AlignmentNo. �Simmons, onlor, lannem.at Mg. fiC ton Beach,the Robert Mayer Comma- healhand tennis club,retalplazawlh 5271. s. Sonia,Plarmera.at 536 88-1 and Development Agreement tlon,the Driftwood Beach Club Mobile restaurants, and a shopping plaza, APPLICANT: RIM Properties, Ltd. li27HUNTINGTON BEACH CITY Homeowners Assoclation, ktc..and The development will also leature a and the City of Huntington Beach COUNCIL the nflWual tenants d ire Driftwood residential component. Redevelopment Agency By:Connle Brockway Beach Club Mogilehome park The Theproposedprcjsabcweredby LA CATION:Theprojeaareaisgon, C1tyClark - agreementprovidesfor 0acquisition Final Environmental brpact Report oralybounded byBeadr Boulevard to Phone d mobleholnes in cod MObiW and Supplemental Environmental dweasLPadfflo: tHghwaytothe home Park and the relocation of Park Impact Report 82-Z TheOlyCounW southwest.Huntington Street to the tenants.The agreamenta)soprOVldaS Redevelopment Agency will condor mt t and to the nomh by a prop for disposition of property pur"usfrttto pertltcacioA of said Environmental arty Ine parallel with arid approxi- -..,. the Agency leasing to the Associa lorl, f f pw Report and Supplemental malt* 1= feet south Oi Atlanta = the premises referred to as Ocean ErMtonmental.I rpaa Report No.82- Street.Spedfc locations ___ to View Estates I anti IL OesCAptidnsof 2 each projeq are as 1dlows5 the site can be foundintheagFOOMIL Copies d th Disposition and .R Copies of the Mobfiahome Ao- Development Agreement arts the ng a'S 9W O6 nd quisliort a Relocation Agreement Envlrorimerual Impact Report are on and Di&dgdtheDownfo are on file for public Inspection and fie for public inspection and copying plan(see map#1). copying for the cost of duplication at for the cost of duplication at fhe offiai Precise Plan of fiM the slice of the City Clerk qty of of the City Clerk City of Huntington For the sxlenafon if Walnut Avenue Huntington Beach.2C100 Main Street, Beach,2WO Man Street,Humngton dtrough an area parallel to cap- Huntin Beady,California,betweetl the hours proximately 900I inland goon Beach. Callomla. be- . tweet the Hours d 8fl0 am and Sb0 d#:W r.m and G:oD p.m Monday cline Coast Hgtwp pm.,Monday through Friday.exclo- l MVItFdday,axolugWeof holldays, Street and Beach BoulevardLd� F five d holidays: Interet ted'PeraorA may submit �, Interested persons. may submit written comments addressed to the written Catift0118 addressed to the City Clerk of the City of Huntington City Clerk d the d Huntington Hunting- with net e Downtown titi 9 N 9� Beady,Post Office Box 190,Himtipti- within the DOYvntotvnt Beach.POW OtfiCe Ox i90, Hunt- ton Beach.CaMomia,92646,prior to generally bounded by Beads kgton Beach,CallIOM144264 prior the hour d 5A0 p.m.on August 12, vWd.PaofteoestHighwayantlHug- to the hour d 5A0 p•m.on August 12, 1988. ington SlreetSsee map f3). 1966. At the time and ptacepgAedab0Ve, HXISTING2OMNG:Olstrfot�t t1 At thetimr%aWplacerro rood above, 0 persons interested fill the above Densig(fieSldential) and 'g koW4Recrpatlon} the n CITY C GTQP[¢ Dotvnfown$peciflc Platt wltErlOftlle Cl7Y QF to HLJntI INGTON BEACH Comtie Brockway ChyerTt he, ;orvationand Oil pttati8[ye Conrde Brockway, y Clerk Dated Ju, 20,t988 rAI CCTC Dated July 28 198§ B Publish-in the Htrntingtdn Beast 7 nor osNa_87 77 Tr is each' Naw>1Aug 6AX 1WffieMoblehorrrepirgtlay rfptje • . tat 'plttrF.�,�b al6d_'dt'die . oft afKTdw a ALL G cvS` T 7I C44w-g #z,w i�I�{a 70N g p7w/ OL JOAS-e--I. Pt11c-racvj-;p PA-P-g 4,vi) ren-- ,k,=-v �P09ZWC J L�IfJ tic.-IL-L- 6 E p/, JY j v —�� .S LIp-.5 7�7Z. S� IS- SCE 7- Al V A3 1JVO PJ Cc rrE )(5-1cwAr Aw,* 6+w4x . A t c Aylklc A- - R�r r �v T- w4-c. Flo? S c Mom. [o 1`olj-rw✓gz�- r,41- ` &S?j" r4gc,c t'VNA T ow 9 C ,Po^& ry Ve.4 TN f 1Gf& P—PA,6 4' Tr AC--=�,RiNc-� pr4 1Z16-aVlff T457V IN y,7L..,12- PV94C 00 rCe ,N LC-,u nNC ��eA. s P t91� AZ1 Gvs T (Zt ( �• �t1Cc7t-�'I-� /-/LP vxs -171 4 t46z- FA S r9� 014 r/H 6 -C-a/4 88, f!j zE ZI Zl III . •Jnvj,N9v_r N31s'ItimnH 1 V - Xy333 Ali9 03h1333S v'Yl, C'i'pt^ C AUGUST 9, 1988 It. Gully Waxam CITY�EACH CLERK LU,UH 1 INGTOIN EcH, CA 92M DEAR Ms. BROCKWAY it WOULDKE TO KNON hHAT, IF ANY, CONSIDERATION IS BEING GIVEN TO bilFTwoaD TENANTS WHO FOR FINANCIAL, PIED I CAL, OR OTHER REASONS NEED TO MOVE AS SOON AS POSSIBLE BUT ARE LOCATED IU PHASES OF THE REDEVELOf'ISTC SCHEDULED IN THE FUTURE 10 SAY, LIST AND SELL. THE PROPERTY IS NOT AN ANSWER. THE DIFFICULTY WITH FINANCING AND THE UNK4DaNS OF THE PRESENT SITUATION MAKE AN ATTEMPT TO SELL IMPRACTICAL. THANK YOU, ovow'. MR. AND W. WILLIAM A SHANNON, SPACE 28 Office of the City Clerk City of Huntington Beach SORT . -u P.O.BOX 190 CALIFORNIA 92648 p, a r Alv 5 'A g z FIRST C �z , ' '1 _.�. � 6.21 C Charles taccd v" / 5242 Via Bernardo Yorba Linda CA 92656 u 937-1-5-154 : , WOO 12 30491771 FlrlC1 f:ENE XF`E? WOOD ; 211 Z, :,C:ASTI.EROC:F. 'RD - YCREh-t LINDA CA 926P6--69 34, RE FUR 0., SENDER Office of the City Clerk City of Huntington Beach RESCRT ._ ��`` J n P.O.BOX 190 CALIFORNIA 92648 FIRS �' �+{ �� ;•�=+ V + d i [ 1 + 8C0139T . D- Harry Joef-�L/ 7946 Waterfall Cir.Huntington Beach, CA92648937-15-218 i3 Office of the City Clerk City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Harry Joe 8462 Clarkdale Dr. Huntington Beach, CA 92646-3805 Office of the City Clerk I City of Huntington Beach P.O.BOX 190 CALIFORNIA 92648 Charles Wood 21125 Castlerock Rd. Yorba Linda, CA 92686-6934 %. W City of Huntington Beach I,'.T • i'1 M.!� r)r t 1 sl J ° In P.O.BOX 190 CALIFORNIA 926U FIRS /G 5 'Ag T I u`}''/(, t•JI' �3 .�� . �.., SUE L. ' t u i �V } hE'T'Uf N 'T'U `Nbllk Cuir'_es Buell /� �� ✓ 7943 :n'. runi.st Circle iunt_ington Beach, Ca 92648 937-15-132 Office of the City Clerk H�p City of Huntington Beach r - �Ni+tUN 'HEtir 2� t P.O.BOX 190 CALIFORNIA 92648 [� r +r . z.,_ _ r AUG 5 A g s fib: '' --=MORI U 'MAX,-g� �` ' w r,e i E+ n I�0 PC) ,3n� j r 1�s0 139' . r HUNT". A� H'i t..A 7s�CT RET ' Max Morton 7935 Seabreeze Drive Huntington Beach, Ca 92648 937-15-078 1 Office of the City Clerk - City of Huntington Beach n �.-'I w 6.21 CALIFORNIA 92648 P.O.BOX 190 FIRST A l } Office of the City Clerk / e�` FOE cityof Huntington Beach g PRFSU x - n ri ` AUG 5 'A g P.O.BOX 190 CALIFORNIA 92648 FIRST C�YS� A 8 v -_ F800�397 f .. �rIL yt0' 7856 SedbreezesDrive I G Huntington Bea h, Ca 92648 ` ,�``S 937-15-059 �. �,ry ,,, Ut Office of the City Clerk ��. City of Huntington Beach P.O.BOX 190 CALIFORNIA 926as FIRST z AIIG 5 p 8 s = • i ' Yj f • / tzili b+, b 1 F;1a1397 - w 1'gR�,l�vQ 0i 41, Huntington Breakers C/o Wiimore City Developirrent ^� 611 Anton Blvd., Suite 970 � .� Costa Mesa, CA 92626 i Peter .v Care 17 P 1 oZt�- V..B. , 1h2642 14.13. CA 9aA? h'•13. 9,37 -1.? 937- 15- a73 93'7 -/5-o"-E'5 L,e c�3 S t7 W• Rc bF Sh+l lr rIA J �" • �f i 1 i rQnt5 acn ,.(o 7 s r:cr Ln ?8d5 S Dr- 7 i 7Ccticr, I _ H,t3. , Ca I9G74f� H•B• , C�+ 9�G�� _ /4�./3. , Cri 9aE-1s 93 1 -15 Z 7 937 -l5 -6274 939- /-15 .a y(j 'Fh1lltp V, Re_1c-k-5 �1. S., CA 4,264- �k.V3. , CA 9 ,37 - 13 ) Joe— Qu�w�,- - 17Pos V I t��r-� D►- WOG tcn Qr 937 - 15 75 —ago Loll cn� rb v '7805 .x� .t4. t3. , CA. 9--)�04 z D. , CA 90649 "37 -/5 - 74 937 - 15 -RE/ Nan Mo , �a a. ll)�--n Wit �� 1�Gn 0- 97e., Ch WQI a H 13 CA 9o?Co'4'9 9,37 '-15 937 - 15 oc94 Y Mr. & Mrs. Peter Pence Mr. & Mrs. Michael Stuhl P.O. Box 28 P.O. Box 891 Indio CA 92201 Huntington Beach CA 92648 Mr. & Mrs. Edward Singer Mr. & Mrs. Phillip Battaglia 511 Meyer Lane #15 1130 Twin Canyon Lame Redondo Beach CA 90278 Diamond Bar CA 91765 Ms. Annie Ferguson Ms. Ruth Waller 108 East Ada 1307 Louise St. Glendora CA 91740 Santa Ana CA 92706 Mr. Lee Baroni Ms. Margaret Smith 1121 North Walnut Ave. c/o Norris/20701 Beach Blvd 468 San Dimas CA 91773 Huntington Beach CA 92648 Mr. & Mrs. William Shatto Mr. & Mrs. William Dowell 2335 Curtis Ct. 2399 Dudley St. Glendora CA 91740 Pasadena CA 91104 Ms. Dianne Reasinger Ms. Helen Jones P.O. Box 623 3054 Pasada Road Balboa CA 92661 Cameron Par} CA 95682 q!ZI K as S4. CA q U Mr. & Mrs. Frank Cutrone Mr. & Mrs. Hurst Gentry 624 Wrede Way 123 S. Hollenbeck West Covina CA 91791 Covina CA 91722 Ms. Elizabeth Rosenhauer Mr. Ray Dolan 320 N. Lorraine 1632 W. Katella Glendora CA 91740 Anaheim CA 92802 Mr. & Mrs. Joseph Anderson Ms. Marilyn McCabe 2287 E1 Capitan Drive 21462 Pacific Coast Hwy 4212 Riverside CA 92506 Huntington Beach CA 92648 Mr. & Mrs. Dwaine Stephenson. Mr. Roy Pearce 2393 Del Rosa Ave. R114 Properties/PO Box 8680 San Bernardino CA 92404 Newnort Beach CA 92658 Mr. & Mrs. Sabino Cici Mr. Albert Behar 1029 E. Broadway 3121 Old River Road San Gabriel CA 91776 Bonsill CA 92003 2-is. Janet Lee Mis. Margaret Smith 158 Acari Drive, #68 c/o !s. Peg Norris Los Angeles, CA 90049 2071 Beach Blvd. Huntington Beach, CA 92648 _ Joseph Imar Jess 787 Moorrnist Circle David Westurn 4801 W 1stsSt. #115 Huntington Beach, CA 92648 7892 Southwind Circle 937-15-127 1 Huntington Beach, Ca 92648 Santa Ana, CA 92703 j 937-15-138 937-15-149 Carole Minkin John Marshall Joan Massello7966 Southwind Circle 7865 Moonmist Circle 7906 Southwind Circle Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-128 ( 937-15-139 937-15-150 Pamela Higgins Thomas Zak Marin Alf 7861 Moonnist Circle 7912 Southwind Circle 7985 Southwind Circle #151 Huntington Beach, CA 92648 Huntington Beach, Ca 92648 Huntington Bch, CA 92648 937-15-129 937-15-140 937-15-151 Michael Goldberg & Hector Ochoa Michael Smith Mark Marrissery 7981 Southwind Circle 7855 Moonmist Circle 7916 Southwind Circle Huntington Beach, CA 92648 Huntington Beach, Ca 92648 Huntington Beach, CA 92648 937-15-152 937-15-130 937-15-141 Toni Bell Tripp Enrique Dagach Dorothy Collins 7851 Moonmist Circle 7922 Southwind Circle 19027 Pacific Hwy S. #15 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Seattle, Wa 98188 937-15-131 937-15-142 937-15-153 Charles Buell Richard Nudelman Charles Wood. 7845 moonnist Circle 7926 Southwind Circle 5242 Via Bernardo Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Yorba Linda, CA 92656 937-15-132 937-15-143 937-15-154 Thomas �ardesich Joseph Kacin Surendra Rao P.O. Box 6724 7932 Southwind Circle 7965 Southwind Circle Hunnington Beach, CA 92615 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-133 937-15-144 937-15-155 Stewart Goldberg Harry Kolb Franklin Yoshikane 6515 Elrnguist Ave. 7942 Southwind Circle c/o Merrill Lynch Realty hhittier, Ca 90601 Huntington Beach, Ca 92648 895 Yorba Linda Blvd. 937-15-134 i 937-15-145 Placentia, CA 92670 937-15-156 Brian Bargemann Duane Munk Christopher Kelly 4509 Dogwood Ave. 7946 Southwind Circle 7951 Southwind Cirele Seal Beach, Ca 90740 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-135 937-15-146 937-15-157 Donald Koob Lawrence Templin Tam wens 7882 Southwind Circle 7952 Southwind Circle 7941 Southwind Circle Huntington Beach, C 92648 Huntington Beach, Ca 92648 Huntington Beach, CA 92648 935-15-136 937-15-147 937-15-158 Herbert Morris ; Douglas gay 4 Charles Peroeval 7886 Southwind Circle 7956 Southwind Circle 7931 SouUwAnd Circle Huntington Beach, Ca 92648 , ., Huntington Beach, . CA 92648 Huntington Beach, Ca 92648 Thti mas Stilley T E Tyner Richard Griffith 7862 Moomnist Circle 14901 Featherhill Road 7965 Moonmist Circle Huntington Beach, CA 92648 . Tustin, CA 92680 937-15-093 937-15-104 937-15-115 ��► � 92648 I 937-15-115 Phyllis Ann berck David Soule John S. Taylor P.O. BOX 1536 7942 Moormdst Circle 201 W. Collins, Sp. 86 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Orange, CA 92667 937-15-094 937-15-105 937-15-116 Glenn Emanuel Geoffrey Jenkins Joseph Siriporn 7872 Moonmist Circle 7966 Moonnu.st Circle 737 E. Bethany Road Huntington Beach, Ca 92648 Huntington Beach, CA 92648 Burbank, CA 91504 937-15-095 937-15-106 937-15-117 Anthony Amato Bradford Hall Claude Lee & Patrick Pardin:_ 7876 Moonmist Circle 7952 Moonmist Circle 280 Cagney Lane Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Newport Beach 92663 937-15-096 937-15-107 937-15-118 Kirk Evans Charles Wood & John Mogan Elbert Lee Adkisson 7886 moornist Circle 7956 Moon mist Circle #108 3133 W. Parkview Circle Huntington Beach, Ca 92648 Huntington Beach, CA 92648 Anaheim, Ca 92804 937-15-097 937-15-108 937-15-120 C;m `iia Perz Charles Wood & Lyndel Newscm 7892 M✓onn--nist Circle 7692 Moornnist Circle #109 William Ortmanuz Huntington Peach, Ca 92648 Huntington Beach, CA 92648 Hun ngto Moonmist Circle ' 937-15-098 937-15-109 Huntington Beach, Ca 9..648 937-15-121 George Sutty Geoffrey Jenkins Charles W. Stoner 7906 morunist Circle 7966 Moonmist Circle Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 7911 Moonrist Circle 937-15-099 Huntington Beach, Ca 92648 937-15-110 937-15-122 Walter Stewart Gary Irons as 7912 Moonmist Circle ( 7985 Moorgnist Circle Donald cudstWayth it Huntington Beach, CA 92648 Huntington Beach, CA 92648 Hun ngton Circle 937-15-100 ! 937-15-I11 Huntington Heath, Ca 92648 937-15-123 Christopher J. De Marche Dale Mason 7916 Moonmist Circle i 7981 Moonmist Circle Craig Matthais Huntington Beach, CA 92648 ; Huntington Beach, CA 92648 7895 Moonmist Circle 937-15-101 i 937-15-112 Huntington Beach, Ca 92648 937-15-124 t Glenn Crabtree Charles Wcod 5101 El Cedral St. Stanley �� Long Beach, CA 90815 5242 Via Bernardo 7891 Moonmist Circle 937-15ach j Yorba Linda, Ca 92686 Huntington Beach, Ca 92648 -102 937-15-113 937-15-125 Ann Butler Terrence McCarrhy ' Robert Karns P.O. Box 742 7971 Moonmist Circle 136 S. Imperial Huntington Beach, CA 92648 Huntington Heath, Ca 9286 6 � _ _ Anaheim, Ca 92807 _ Donald Warren Richard Flash 7842 Seabreeze Drive 7916 Seabreeze Road Martin J. Kasko reeze Huntington Beach, Ca 92648 Ca 92648 7915 Seabreeze Drive Hun eze R 937-15-058 Huntington ' Huntington Beach, Ca 92648 937-15-069 937-15-082 Alex P. Andrews Ray C. n mons Paul Ison 7856 Seabreeze Drive 7922 Seabreeze Drive 7905 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, CA 92648 937-15-059 937-15-070 937-15-083 Seacoast Investors, #60 Ltd. c/0 Russell Morrissey Rose Bagramian Donald C. Finley 8672 Franciscan Circle 7981 Oceangrove Circle 7901 Seabreeze Drive ::untington Beach, CA 92648 Huntington Beach, Ca 92648 Huntington Beach, CA 92648 937-15-060 937-15-071 937-15-084 Alice Parr-Nel3en Carolyn M. Marangi Paul Cimarusti 7866 Seabreeze Drive 22362 Wallingford Lane 7891 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-061 937-15-072 937-15-085 Brent Byrd Sam Stern James Goddard C/o L.H. Rosoff & Co. 7872 Seabreeze Drive 81 Water Mill Lane 7885 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-062 Great Neck, NY 11021 937-15-086 937-15-073 T xra a- s Ewens Ronald Boyer Charles Nichols 7876 Seabreeze Drive 7951 Oceangrove Circle 7881 Seabreeze Drive Huntington Beach, CA 92648 Huntington.Beach, Ca 92648 Huntington Beach, CA 92648 937-15-063 937-15-076 937-15-087 Edward Roy Farmer Charles Wood Paul C.imarusti 7882 Seabreeze Drive 7941 Seabreeze Drive 7891 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-064 937-15-077 937-15-088 Thomas Noonan Max Morton Steven D. Cobb 1155 Arcadia Ave. 11 7935 Seabreeze Drive 7871 Seabreeze Drive Arcadia, Ca 91006 Huntington Beach, Ca 92648 Huntington Beach, CA 92648 937-15-065 937-15-078 937-15-089 Alexander Kanevsky James Martin Claude Yocoel 7902 Seabreeze Drive 7931 Seabreeze Drive 16215 Wayfarer Lane Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, CA 92649 937-15-066 937-15-079 937-15-090 Murray Gordon Bryan Hataishi Chris Nunez 7906 Seabreeze Drive 7925 Seabreeze Drive 7852 Moomnist Circle Huntington Beach, Ca 92648 Huntington Beach, CA 92648 Huntington Beach, Ca 92648 937-15-067 937-15-080 937-15-091 Pjlilip Gormley Wayne E. EisenhcWer Shirley M. Shaver 7912 Seabreeze Drive 2421 McCready Ave. - 7856 Moonmist Circle Huntington teach, Ca 92648 Los Angeles, CA 90039 Huntington Beach, CA 9264E 937-15-092 James Wilson Morton Nash 7765 Seabreeze Drive ; 16202 Culpepper Circle • Huntington 9kach, Ca 92648 Huntington Beach, Ca 92648 937-15-036 937-15-047 Joseph Giordano Gene S. Nwkagawa 6861 Sunview Drive ( 7782 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-037 j 937-14-048 Ben Williams j Martin Wexler 18153 Brookhurst Street 7786 Seabreeze Drive Fountain Valley, Ca 92648 Huntington Beach, Ca 92648 937-15-038 937-15-049 Ii Margareth M Giauffer ` Richard P. Manley 7745 Seabreeze Drive 7792 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-039 937-15-050 I Nancy Schlachter Paul Schafer 7741 Seabreeze Drive 7802 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-040 ' 937-15-051 James L. Hendrickson John Gusfafson 7742 Seabreeze Drive 7806 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-041 937-15-052 John Gustafson Nicholas Grmolyes 7746 Seabreeze Drive 7816 Seabreeze Drive Huntington Beach, Ca 92648 Huntington Beach, CA 92648 937=15-042 937-15-053 Charles Cartier Medhat M. Amr 7752 Seabreeze Drive 1101 Newcastle Lane Huntington Beach, Ca 92648 Fullerton, CA 92633 937-15-043 937-15-054 Michael Ray Robert Flay 7755 Seabreeze Drive 7956 Southwind Circle Huntington Beach, Ca 92648 Huntington Beach, CA 9264LI 937,15,044 937-15-055 Gary R. Stillwell Jr. Franklin Chu Daniel Wilson 7781 Seabreeze Drive Huntington Beach CA 92648 3665 La Hacienda 7832 Seabreeze Drive San Bernardino, Ca 92404 Huntington Beach, Ca 92648 937-15-034 937-15-045 937-15-056 Harve Wendt Carol Valcarcel Seacoast Village Investors y 7766 Seabreeze Drive #57 Lbd. c/o Russell Morressey 7771 Seabreeze Drive Huntington Beach, CA 92648 8672 Franciscan Circle Huntington Beach, Ca 92648 t15- Huntington Beach, CA 92648 937-15-035 � 937-ZS-046 . 937-1 S-nR7 Paan Bayer Alan Gaudenti•' Carlos Pecharte ` 7825 SaiUr--it Circk 2215 N. Gaffey Street . 7835 Seabreeze Drive VLntinytan Beach, Ca 92648 San Pedro, Ca 90731 Huntington Beach, CA 92648; 937-15-001 937-15-012 937-15-024 Psrdall M. Labeda Carmine F. Esposito Ivan Hopkins 7821 Sailboat Circle 7786 Sailboat Circle 7841 Seabreeze Drive jvZ3 1h:.-_irgton Beech, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, CA 92648' 9's7-15-002 937-15-013 937-15-023 M..-.nr,d Cross Frank Mastroly 7815 Sailboat Circle James 7831 Seabreeze Drive R:c tington Beach, Ca 92648: 7792 Sailboat Circle Huntington Beach, Ca 92646 937-15-003 tfundx ton Bch, Ca 92648 ` 937-15-025 937-15-014 Roger W. Kenney � Frances Ackerman ' Edward J. O'Donnell 8601 Crxtiett Circle 7796 Sailboat Circle ti 7825 Seabreeze Drive 1.4--stri.nster, . CA 92683 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 337-15-004 ;) 937-15-015 937-15-026 lzuise Ahbordante i Vasant L. Joshi CUY S. Williatrs 7805 Sail:xmt Circle 7802 Sailboat Circle 7821 Seabreeze Drive Fluntington Beach, Ca 92648 Huntington Beach, Ca 92648 lion-1ngton Beach, Ca 9?648 93'-15-005 937-15-016 ' r xrret_e Ra=:ssen Alan M. Caudenti Focky Chenelle 7601 Sailboat Circle 2215 N. Gaffey 1800 Half Road Htzitington reach, Ca 92648 San Pedro, Ca 90731 Horgan Hill, Q% 95037 937-15-OC6 937-15-017 937-15-028 E::a=..~_e P. Rai Nwoury Pcnald Grandstaff 7752 Sail Boat Circle 91 Echo Hill Road 15052 Springdale Street nurtington Beach, Ca 92C48 Stamford, Cr 06903 funtington Beach, Ca 1402648 937-15-007 937-15-018 937-15-029 Esmond DanirLick r�-tdallah Alish Lois I Wighb= 7756 Sailboat Circle 7822 Sailboat Circle 7801 Seabreeze Drive hllnd,gton Beach, Ca 92648 Huntington Bch, C 92648 Huntington Beach, Ca 92648 937-15-008 937-15-019 937-15-030 i • Charles J. Harberger - LaP Kwan Shea Martin Bauer - 7618 Harrison 20867 Missionary Ridge St. 8811 Cliffside Drive Paramoeuht, Ca 90723 Walnut, . CA 91789 Huntington Beach, Ca 92648 9 37-15-009 937-15-020 937-15-031 James ClearyJdm • mod {� P 0 GRC N11 7832 Sailboat Circle 7791 Seabre Hu eze Drive Huntington Beach, Ca 92648 Hmtugton leach,. Ca 92648 Huntington Beach, Ca 92648 937-15-010 937-15-021 937-15-032 Professional. 1,exy ing Corp,• w&ster Baker e , Isadore Smith P.O. BOX' 2700 1 7836 Sailboat Circle 7785 Seabreeze p i 9mUmgton Beach, Ca 92648 Tuntington Beach, '.CA 92643 ; 1'1 ; Huntirrltcii Beacn, e 926s8 �� 937-15-011 937-15-022 1 937-15-033 M. Jones 11 L. shillivy, J. tx.ure &9 J. C F. Li 1 C Rid Or Current Resident A?IL Or Current Resident ent ,• Or Current Resident 21462 Pacific Coast A#; 80 Huntington Street, Space 722 80 Huntington Street. Space 709 • • Huntington eeach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 J. Ford, 'K. Maloney 2 Ted b Betty Hendrix 12 John Q. Hubbard 23 Or Current Resident Or Current Resident Or Current Resident A3 0 80 Huntington Street, Space 720 21462 Pacific Coast Hwy. . 1312 21462 Pacific Coast May.. A32 Huntington Eeach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 H. Stone 3 B. Lupoli , E. Judson 13 Moses,Pat, Jim, b Teri 3 ' Or Current Resident Or Current Resident Simon or Current Resident 80 Huntington Street, Space 718 21462 Pacific Coast ". . 0311 21462 Pacific Coast Hwy. , 18; Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 G. Thompson 4 M. Stipe, M. Fernandez •14 Dan Brennan 25 Or Current Resident - Or Current Resident Or Current Resident #l37-77 80 Huntington Street, Space 716 21462 Pacific Coast Hwy.. 0310 21462 Pacific Coast Hwy. . W Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 J. Armstrong 5 R. Perez, Pineda 15 Dale 6 Debbie Wilson 26 Or Current Resident Or Current Resident Or Current Resident 4314 80 Huntington Street, Space 721 21462 Pacific Coast Hwy. . 0309 21462 Pacific Coast Hwy. , 0•: . Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 9264F K. Collins. A. Stanley 6 Reed c Mae Blattman 16 D. Kolosjnik b B. Dittrick 2; Or Current Resident Or Current Resident Or Current Resident *3t-r 30 Huntington Street, Space 719 21462 Pacific Coast Hwy. , 1308 21462 Pacific toast Hwy. , 13:; Huntington Beach, . CA 92648 Huntington Beach. CA 92648 Huntington Beach, CA 92648 G. Campbell 7 David E Margot Cheney 17 Peter b Gretchen Pence 2: Or Current Resident Or Current Resident Or -Current Resident A-'5it 80 Huntington Street, Space 717 21462 Pacific Coast Hwy. , 1307 21462 Pacific Coast Hwy. , 03 Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 1. Bell 8 Stanley b Helen Parker 18 Roscoe. Mary Marinovich b w Or Current Resident Or Current Resident Rebecca Bolton or Current 80 Huntington Street, Space 715 21462 Pacific Coast Hwy., 1306 Resident A37-3 Huntington Beach, i CA 92648 Huntington Beach, CA 92648 21462 Pacific Coast Hwy. , 13. F -Huntington Beach, CA 92648 0. Nelson 9 . .lames & Tracy Godwin 19 M. Kroesch a3tZ' y Or Current Resident Or Current Resident R. Boardman, Jr. or Current 8O Huntington Street, Space 713 21462 Pacific Coast Hwy., 0313 Resident Pactfic Coast Hwy.. i3' Huntington Beach, ; CA 92648 Huntington Beach, CA 92648 21462 Huntington Beach, CA 92648 D. Duey, P. Ellesworth 10 Phillip b Arlene Carlin 20 George C Sara Fader 3 Or Current Resident Or Current Resident Or Current Resident 437J 80 Huntington Street, Space' '711 21462 Pacific Coast M., 1314 21462 Pacific Coast Hwy. . IY Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 P. Falkenstein, S R.J. 21 Bill Robin Humphries 3: • Or torrent Resident Or Current Resident 21462 Pacific'Coast Hwy. . ice' 11�r_ fr 15. LIB+ V.a-r rr�M V• .aMM1 7815 Seaglen Dr. 7786 Seagler. Dr. 1untirgtm Beach, cA 92648 Huntbvjton Beach, CK 92648 . 537-1S-272 937-15-283 Richard T. Caruso Donald W. Dey 7821 Seaglen Dr. 7782 Seaglen Dr. 11t.ntin gton Beach, CA 92648 Huntington Beach, CA 92648 937-15-273 937-15-284 Prbert W. Shilland Elaine H. Ishida 7825 Se glen Dr. 7776 Seaglen Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-274 937-15•-285 Dennis F. Reicics Jerry C. Williams 7832 Searjlen Dr. 7772 Seaglen Dr. Huntington Beach, CA 92648 ffuntirgton 8eacfh, CA 92648 937-15-275 937-15-286 Paul N. Loflin�Jr. City of Huntington Beach 7826 Seaglen Dr. 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-276 024-250-73, 024-281-10 024-250-49081-02 sique F. Dagach Huntington Beach Co. 7922 Scuth.wind Circ'_e P.O. Bax 7611 f'Lantington Beach, CA 92648 San Francisco, CA 94120 937-15-277 024-250-69, 281-05,13,271-04 024-250-45 _ Ccrnie R. FiIlcn First American Trust Co. 7816 Seaglen Dr. 80 Huntington Street Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-278 024-291-11 David J. Pawlak Huntington Breakers 7812 Seaglen Dr. c/o Wilmore City Developmnt Huntington Beach, CA 92648 611 Anton Blvd., Suite 970 937-15-279 Costa Mesa, CA 92626 Joe Cualmine Zhe Robert Mayer Corporation Huntington Beach Co. 7806 Seaglen Dr. 660 Newport Center Drive 225 Bush Street Huntington Beach, CA 92648 BOX 8680 San Frxrcisco, CA 94120 937-15-280 Neq�art Beach, CA 92658-8680 024-281-13 Attention: Shawn rii3.lbern Dahald S. Pass W4ard Matillo State of Cal., DPt. PW 7796 Seaglen Dr. 7792 Seaglen Dr. c/o Cal Trans Legal Divisicr, Huntington Beach, CA 92648 Huntirrjton Beach, CA 92648 120 S. Spring St., 1500 937-15-281 937-15--282 Les Angeles, CA 90012 114-150-26,51 148-011,-Ol CB Wright Robert ioo Donald Miller 7925 Southwind Circle 7872 Seawall Circle 7946 Seawall Circle Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Bch, Ca 92648 . 937-15-160 937-15-171 937-15-183 Bruce Janes I Terry Loo Donald Irvine 7915 Southwind Circle 7876 Seawall Circle 7952 Seawall Circle Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-161 937-15- 11 Z 937-15-184 Glenn McIntosh Trung Le Patrick Schaickrath 7911 Southwind Circle 7886 Seawall Circle 7956 Seawall Circle Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-162 937-15-174 9J7-15-185 Robert Calkins i Ross Cusimano Paul E. Tucker 7901 Southwind Circle 7902 Seawall Circle 418 E1 Modena Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Newport Beach, Ca 92660 937-15-163 937-15-175 937-15-186 I Lynn Kahn Michael Madden Anthony Machado P.O. BOX 853 7906 Seawall Circle 1617 N. Orange Grove Ave. Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Los Angeles, Ca 90046 937-15-164 937-15-176 937-15-187 Marshall :Ayers Mark Grimes John Taylor 7891 Southwind Circle P.O. BOX 939 201 W. Collins Ave. #86 Huntington Beach, Ca 92648 Corona, California 91718 Orange, CA 92667 937-15-165 937-15-177 9 37-16-188 Alex Wenger Jacqueline Gunter Kenneth Price 7885 Southwind Circle 7916 Seawall Circle #179 7971 Seawall Circle Huntington Beach, Ca 92648 Huntington Beach, CA 92648 Huntington Beach, Ca 92648 937-15-166 9 3 7-15-1 V ` 937-15-189 i Thomas Loughran Thomas Distable I Eric Sosnowski 1607 Lucretia Ave. 7922 Seawall Circle Los Angeles, CA 90026 Huntington Beach Ca 92648 I Hunt Huntington Circle 9 37-15-16? tag ' ungton Beach, Ca 92648 937-15-179 f 937-15-190 Stephen Foreman Dena Jean Davis Jonathon Woolf 1272 E. 5375 South 7926 Seawall Circle 7961 Seawall Circle South Ogen, Ur 84403 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-168 937-15-180 937-15-191 Donna Lee Werner W & B Builders Harry Fricke Barbar Cronin 1666 W. Ninth St. -7936 Seawall Circle 7955 Seawall Circle Santa Ana, CA 40404 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 9 3 7-15-16 9 937-15-181 937-15-092 George O'Connor Malcolm Reuben ' Cecelia S. Thams 7866 Seawall Circle 7942 Seawall Circ1 7941 Seawall Circle Huntington Beach,CA 92648 Huntington Beach, 92648 Hunting Beach, 92648 937-15-170 ��7_14-1R2 n1'7__ir- InI A. Charles Flood Terri Kay Bell {` 21132p ��. 5242 Via Bernardo 21066 Poolside In. Yorba tinda, CA 92686 Huntington Beach, CA 92648 'Hlmtinq'tcn Beads, CA 92648 937-15-235 937-15-250 937-15-261 James Foster James Pipkin . Toshiro Seto 7891 Waterfall Circle 21072 Poolside Ln. 21136 Poolside rn. Huntington Bead's, CA 92648 Huntingtcn Beach, CA 92648 Mmtirzjtcn Beach, CA 92648 937-15-236 937-15-251 937-15-262 Michael Ti.�s Roy Greir Jr. Willis Allen 7885 Wate=fall Circle P.O. BcDc 651 7826 Bayport Drive Huntington Beach, CA 92643 Lake Arrowhead , CA 92352 Huntirotcn Beach, CA 92648 937-15-237 937-15-252 937-15-263 Robert Belair Robert E. Henryson Charles Rove . 21026 Poolside Ln. 378 E. Avaocdo Crest 4 7822 Bayport Drive Huntington Beach, CA 92648 La.Habra Heights, CA 90631 Huntir4ton Beach, CA 92648 937-15-242 937-15--253 937-15-264 tut in W. Owens Jacques Paul Ferraris Bok Ncn No 21032 Poolside Ln. 21092 Poolside In. 7816 Bayport Drive Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntirx tcn Beach, CA 92648 93 7-15-243 937-15-254 937-15--265 Ga^1 L. Nelugvn Josech D'Ambrosio Peter D. Unger 21036 Poolside Ln. 21096 Poolside Ln. 7812 Bayport Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 ' Huntington Beach, CA 92648 937-15-244 937-15-255 . 937-15-266 Kris Olscn Wayne T. Astin Leonard E. Smith '21046 Poolside Ln. 21102 Poolside Ln. 20782 Odn. per in 1untington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92646 937-15-245 937-15-256 937-15-267 Craig L. R:)ntgaTe y Eric De Garstcn Phillip Vinson 21052 Poolside Ln. 21106 Poolside Ln. •7802 Bayport Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92645 937-15-247 937-15-257 937-15-268 Kris Olson !Lary E. Hennes 6 Jeffrey Shan 21046 Poolside Ln. Joan Hennes 7801 Seaglen Drive Huntington Beach, CA 92648 11 Westport Rd. Unit 37 Ifuntingtcn Beach, CA 92648 937-15-246 Vilton, Cr 06897 937-15-269 937-15-258 Frank Stanley Bell Alexander J. Dallal i Inds Cardinal 21056 Poolside Ln. 2712 Oakhurst Ave. 7805 Sealen Dr. Huntington Beach, CA 92648 Los Angeles, CA 90034 1hmtin9tm Beach, CA 92648 937-15-248 937-15-259 937-15-270 David Rwidazzo Alfred D. Cameos -Alan Robe Avenue zU 21126 Poolside In. 7811 Seaglen Dr, 2942 Clark Ave Lag Beads, veCA. 90808 amti rxjtan Beach, CA cn 92648 Hultirgt Beach, CA 92648 937-15-260 937-15-271 Niel Lynch Albert F. Harvard • Phyllis Ann •Brack 7931 Seawall Circle 7866 Waterfall Circle P.O. BOX 1536 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Huntington Beach, Ca 9264 937-15-194 937-15-205 - 937-15-216 Mario R. Jennetto Morton Nash Lea BaWsher 7872 Waterfall Circle 16202 CuI?per Circle 7925 Seawall Circle Huntington Beach, Ca 92648 Huntington Beach, Ca 9264 Huntington Beach, Ca 92648 937-15-206 937-15-217 937-15-195 Robert Heckrotte Bong Ling Foo 7921 Seawall Circle 7876 Waterfall Circle Harry Joe . ' Huntington Beach, Ca 92648 Huntington Beachl CA 92648 7946 Waterfall Circle gt Huntington Beach, Ca 92648 937-15-196 937-15-207 937-15-218 r Donald W. Schurte Anthony Williams Edwin Keating •1465 11. Euclid Ave. 8951 Canary Ave. 7911 Seawall Circle Upland, Ca 91786 Fountain Valley, Ca 92708 Huntington Beach, Ca 92648 937-15-208 937-15-219 937-15-197 Harold Carvin mesas Harier Arnold Levine 7886 Waterfall Circle 22939 Hawthorne Blvd.,Ste.3. 7905 Seawall Circle Huntington Beach, Ca 92648 'Torrdcne, CA 90505 Huntington Beach, Ca 92648 937-15-209 937-15-220 937-15-198 Douglas Rock Bernard De ;parr Eric De Caston 3000 C;untry Club Drive 7892 Waterfall Circle 7962 Waterfall Circle Costa Mesa, Ca 92626 Huntington Beach, Ca 92648 Huntington Brach, Ca 92648 937-15-199 937-15-210 937-15-221 { N.arshall 0. Levinson Yvonne Lynn Grochowski Ali Dfowharzadeh 7906 Waterfall Circle 7966 Waterfall Circle 7891 Seawall- Circle Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 Siuntington Beach, Ca 92648 937:-15-211 937-15-222 937-15-200 } Harley Zelniker Robin Braithwaite Lawan Kathanant Shawn Kauffman 73042 Bel Air Road 737 E. Bethany 78C5 Seawall Circle palm Desert, Ca 92260 Burbank, CA 91504 Huntington Beach, CA 92648 937-15-212 937-15-223 937-15-201 Harvey HyxMS ! Alan H1113 Cuilherme Farfalla 7881 Seawall Circle 7916 Waterfall Circle 7971 Waterfall Circle Huntington Beach, CA 92648 Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 937-15-202 937-15-213 937-15-224 Vetmia.Hildreth .. Eugene Pipoly Edwards Clark c/o KFH Investments 7704 Ebstoria St. c/o Century 21 Berg, RZtY- 4861 Lincoln Ave., 137 Downey, CA 90241 19883 Brookhurst St- cypress, CA 90630 937-15--214 - tuntington Beach, CA 92646 ..-- ._. _ .937-15-225 Kent'Pierce Haruo Riyano William Pr Bracciodieta 7865 Seawall Circle #204 7926 Waterfall Circle - 7961 Waterfall Circle. Huntington Beach, Ca 92648 Huntington Beach, Ca 92648 - 'Huntington Beach, Ca. 92648` ...ate .. w�. — —.— - Peter Melly 16641 merrivale In. t 7951 ate all Circle ' Pacific Pallisades,CA, 90272 Huntington Beach, CA 92648 937-15--227 937-15-228 Steven L. Priest Edward iiicklund . Angela J. Machado 320 Joshua Tree Dr. 7931 Waterfall Circle 1617 N. Orange Grave Ave. Martinez, CA 30907 Huntington Beach, CA 92648 Los Ange2es, CA 90046 937-15-229 937-15-230 . 937-15-231 Johnny W. Mowatt David Randazzo Ran all Dm.-er 1423 Cedar 7881 Waterfall Circle 259-B Hillcrest Dr. Lewiston, ID 83501 Huntington Beach, CA 92648 Leucadia, CA 92024 937-15-232 937-15-238 937-15-239 :tichael Gwmeron Hiroshi Arvada Kenneth Sett 22704 Villa Castilla 25031 Sausalito St. 7911 Vaterfall Circle El Tom, CA 92630 Laguna Hills, CA 92653 Mmt3ngtcn Beach, CA 92648 937-15-240 937-15-241 937-15-233 Charles Mood Charles Dickermeier 5242 Via Bernardo 7905 Waterfall Circle Yor:a Linda, CA 92686 Huntington Beach, CA 92648 9 37-15-119 937-15-23 4 Fra.^.loin Gravett 70^02 Mez all Circle I ntingten Beach, CA 92648 337-15-_73 -xu :. Olivieri 243 E. WilUx Rd. #205 Thousand Oaks, CA 91360 937-15-075 Lcuis C. Frayer 7961 OcewZrove Circle Huntington Beach, CA 92648 937-15-074 P.O. Box 7611 San Francisco, -CA 94120 024-250-45,60,781-05,13 City of Huntington Beach The Robert Mayer Corporation Huntington Beach, CA 92648 P.O. Box 8680 024-250-49,74,281-02,10 Newport Beach, CA 92658-8680 . Attention Shawn Millbern First American Trust Co. California Coastal Commission 80 Huntington St. Couth Coast District Office Huntington Beach, CA 92648 245 West Broadway, Suite 380 024-291-11 P.O. Box 1450 Long Beach, CA 90807 Huntington Beach Co. P.O. Box 7611 San Francisco, CA 94120 024-250-45,60,281-05,13 City of Huntington Beach The Robert Mayer Corporation Huntington Beach, CA 92648 P.O. Box 8680 024-250-49,74,281-02,10 Newport Beach, CA 92658-8680 Attention: Shawn Millbern First American Trust Co. California Coastal Commission 80 Huntington St. South Coast District Office Huntington Beach, CA 92648 245 West Broadway, Suite 380 024-291-11 P.O. Box 1450 Long Beach, CA 90807 Huntington Beach Co. P.O. Box 7611 San Francisco, CA 94120 024-250-45,60,281-05,13 City of Huntington Beach The'Robert Mayer Corporation Huntington Beach, CA 92648, P.O. .Box 8680 024-250-49,74,281-02,10 Newport 'Beach, CA 92658-8680 -Caliifornia Coastal Commission First American Trust Co: Sou`th. Coast District Office CO '�untingtun St. 245.West 'Broadway, Suite 380 runtington Beach, CA 92648 P.O. F.ox 1450 4 024-291•-11 1 Long CA 90807 Mr. Mrs. Frank Cutrone Mr. & Mrs. Hurst Gentry 624 Wrede Way 123 S. Hollenbeck West Covina CA 91791 Covina CA 91722 Ms. Elizabeth Rosenhauer Mr. Ray Dolan 320 N. Lorraine 1632 W. Katella Glendora CA 91740 Anaheim CA 92802 Mr. & Mrs. Joseph Anderson Ms. Marilyn McCabe - 2287 E1 Capitan Drive 21462 Pacific Coast Hwy 4212 Riverside CA 92506 Huntington Beach CA 92648 Mr. & Mrs. Dwaine Stephenson. Mr. Roy Pearce 2393 Del Rosa Ave. RL14 Properties/PO Box 9680 San Bernardino CA 92404 Newport Beach CA 92658 Mr. & Mrs. Sabino Cici Mr. Albert Behar 1029 E. Broadway 3121 Old River Road San Gabriel CA 91776 Bonsill CA 92003 t-Ls. Janet Lee l-is. Margaret Smith 158 Acari Drive, #68 c/o Ms. Peg Norris Los Angeles, CA 90049 2071 Beach Blvd. Huntington Beach, CA 92648 Mr. & Mrs. Peter Pence Mr. & Mrs. Michael Stuhl P.O. Box 28 P.O. Box 891 Indio CA 92201 Huntington Beach CA 92648 Mr. & Mrs. Edward Singer Mr. & Mrs. Phillip Battaglia 511 Meyer Lane #15 1130 Twin Canyon Lane Redondo Beach CA 90278 Diamond Bar CA 91765 Ms. Annie Ferguson Ms'. Ruth Waller 108 East Ada 1307 Louise St. Glendora CA 91740 Santa Ana CA 92706 Mr. Lee Baroni -Ms: Margaret Smith*' " - 1121 North Walnut Ave. c/o Norris/20701 Beach Blvd 1#68 San Dimas CA 91773 Huntington Beach CA 92648 Mr. & Mrs. William Shatto Mr. & Mrs. William Dowell 2335 Curtis Ct. 2399 Dudley St. - Glendora CA 91740 Pasadena CA 91104 Ms. Dianne Reasinger Ms. Helen Jones P.O. Box 623 3054 Pasada Road Balboa CA 92661 Cameron Park CA 95682 14r. Morlirner- Sje& Riz K as s4- a Mr. John Fleming Mr. & Mrs. Alan Leahy 17 Gunther Street 61 East Bonita Avenue Mendam NY 07945 Sierra Madre CA 91024 Mr. & Mrs. Richard Welsch Ms. Jan Benkin 14014 Chandler Blvd. P.O. Box 193 Van Nuys CA 91401 Downey CA 90241 Ms. Barbara Benkin Ms. Eleanor Ccrella P.O. Box 193 2935 San Francisco Ave. Downey CA 90241 Long Beach CA 90806 Ms. Ellen Hanley Mr. Ben Zuazua 847 West Fern Drive 317 West Milford, :�4 :ullerton CA 92632 Glendale CA 91203 Mr. & Mrs. Clyde Frishholtz Community Disposal Star Route Box 1128 14602 Francisquito Ave. Clark Fork CA 83811 La Puente CA 91746 Mr. & Mrs. Douglas Webb ' Mr. & Mrs. Van Killian 27701 Murietta 12272 Christian Lane Sun City CA 92381 Garden Grove CA 92641 Mr. & Mrs. Richard Lynch Ms, Patricia Felis 2401 Curtis Circle 11718 Kiowa St. , 14 Glendora CA 91740 Los Angeles CA 90049 Mr. Charles D. Harnond 5812 Graywood Ave. Lakewood CA 92648 , r . Mr. & Mrs. George Corbari A Ms. Dorothy Pinkham Or Current Resident Or Current Resident 21462 Pacific Coast Hwy f1 21462 Pacific Coast Hwy 12 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Karl Von Herzen Ms. Willa Vee w•inthers Or Current Resident Or Current Resident 21462 Pacific Coast Hwy #3 21462 Pacific Coast Hwy 43 Huntington Beach CA 92648 Huntington Beach CA 92643 Ms. uaren Shropshire 'Mr. Dennis Shea Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 44 .'= 21462 Pacific Coast Hwy 44 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Marian Phillips Mr. & Mrs. Donald Cosby Or Current Resident O: Current Resident 21462 Pacific Ccas t Highway 15 21462 Pacific Coast Hwy 16 :-:ntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Paul Beck Mr. & Mrs. Claude Williams Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 17 21452 Pacific Coast Hwy 18 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. H.S. Watson Mr. & Mrs. Edward Roger Fountain Or Current Resident :�jl Or Current Resident 21462 Pacific Coast Hwy 49 ` 21462 Pacific Coast Hwy 110 Huntington Beach CA 92648 Huntington Beach CA 92648 n Ms. Lois Ione Earl Mr. John Richard Cooper Or Current Resident Or Current Resident 21462 Pacific Coast Hwy f11 21462 Pacific Coast Hwy f11 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Bonnie Figyins Mr. Richard Upton Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 112 21462 Pacific Coast Hwy 113 Huntington Beach CA 92648 Huntington Beach CA 92648 f ; Mr. & Mrs. Duke Reasinger Mr. Albert Behar Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 114 21462 Pacific Coast Hwy 415 Huntington Beach CA 9264E Huntington Beach CA 92648 Ms. Fern Ethe+ Gordon Ms. Tonita Fay Tanzer Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 1417 21462 Pacific Coast Hey i17 Hun'-ington peach CA 92648 - Huntington Beach CA 92648 Mr. & Mrs. Frank Cutrone Ms. Susan Ziegler Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 118 21462 Pacific Coast Highway r24 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Aniello Dicrisci J Ms. Edith Ramsey Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 121 21462 Pacific Coast Highway 121 Huntington Beach CA 92648 Huntington Beach CA 92648 r - f~ Mr. & Mrs. Dan Gleason Ms. Carol Bell Bell Or Current Resident Or Current Resident 21462 Pacific Coast Hwy #22 21462 Pacific Coast Hwy 123 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. David Markley Mr. & Mrs. Donald Mullen or Current Resident Or Current Resident 21462 Pacific Coast Hwy 124 21462 Pacific Coast Hwy 125 Huntington Beach CA 92648 - Huntington Beach CA 92648 Mr. Otis Werb Mr. & Mrs. Willis Anderson Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 126 21462 Pacific Coast Hwy 127 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. William Shannon Mr. & Mrs. Eve�on Crc=ett Or Current Resident Cr Current Resident 2_462 Pacific Coast F?,.ry 428 21462 Pacific Coast A29 I:u;tingLon Beach CA 92648 Huntington Beach CA 92648 Mr. William Dy Ms. Mary Bradbury Or Current Resident Or Current Resident 21462 Pacific Coast Hwy t30 21462 Pacific Coast Hwy 130 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Robert Porter Mr. & Mrs. Robert Howard Or Current Resident Or Current Resident 21462 Pacific Coast Highway 32 21462 Pacific Coast Hwy 132 Huntington Beach CA 92648 Huntington Beach CA �2648 r Mr. Mrs. Jeffrey Steinmetz Ms. Lorraine Espinoza Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 134 21462 Pacific Coast Highway f35 Huntington Beach CA 92648 Huntington Beach CA 92648 •r• 1 Mr. Raymond Wallace • Or Current Resident • 21462 Pacific Coast Highway 137 . Huntington Beach CA 92648 Mr. Alan Lee Mrs. Mary Ann Wallace Or Current Resident Or Current Resident 21462 Pacific Coast Hwy f37 21462 Pacific Coast Highway ;37 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Helen SA-.,der Ms . Betty Smith Or Current Resident Or Current Resident 21462 Pacific Coast HuY 43£ 21462 Pacific Coast HvY '38 Huntington Beach CA 92648 Huntington Beach CA 9266 J Mr. Robert Berkner Mr. John Meirs Or Current Resident Or Current Resident 21462 Pacific Coast Hwy #39 21462 Pacific Coast Hwy 140 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. William Essick Mr. & Mrs. Read Whittemore Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 141 21462 Pacific Coast Hwy f42 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & ltrs. Jim Beatty Or Current Resident - _ _.-• - .- _--- .. _. _ _ 21462 Pacific Coast flwy # 36 Huntingtan Beach, CA 92648 - 7 J 2 Ms. Vera Wadleigh Mr. Gerald Jordan Or Current Resident Or Current Resident ' 21462 Pacific Coast Hwy 143 21462 Pacific Coast Hwy #44 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. James Hall Mr. & Mrs. Albert Crawford Or Current Resident Or Current Resident 21462 Pacific Coast Hwy #45 21462 Pacific Coast Hwy W Huntington Beach CA 92648 Huntington -Beach CA 92648 Mr. Reynell Sheffer Ms. Gladys Berry Or Current Resident Or Current Resident 21462 Pacific Coast Hwy48 21462 Pacific Coast Ftwy #:9 Huntington Beach CA 92648 Huntington Beach CA 92648 :"._. Gary Gascor. M.-. Lance Gibson Or Current Resident Or Current Resident 21462 Pacific Coast Hwy a50 21462 Pacific Crust Highway 750 Huntington Beacr. CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Robert Bryden Ms. Meldee Perry Or Current Resident Or Current Resident 21462 Pacific Coast Hwy f 51 21462 Pacific Coast Hwy 152 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Jeanne Howell Mr. David Weisbart Or Current Resident Or Current'Resident 21462 Pacific Coast Hwy 453 21462 Pacific Coast Hwy 154 ,; Huntington Beach CA 92648 Huntington Beach CA 92648 .i Ms. Bernice Stoddard Mr. & Mrs. Robert Fuller Or Current Resident Or Current Resident 21462 Pacific Coast Hwy f55 21462 Pacific Coast Highway 156 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Leroy Davis Ms. Audrey Bridges Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 158 21462 Pacific Coast Hwy 159 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Ralph Provow Mr. & Mrs. Richard Jones Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 160 21462 Pacific Coast Hey 1461 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Roberto Russo Mr. Douglas Bailey Or Current Resident Or Current Resident 21:62 Pacific Coast Hvj 162 21462 Pacific Coast hay 163 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Jan Wood i ` Mr. Gary Brooks or Current Resident 1j Or Current Resident 21462 Pacific Coast Highway 163 21462 Pacific Coast Hwy 164 Huntington Beach CA 92648 Huntington Beach CA 92648 .I .i- Mr. John Scholfield Mr. & Mrs. Mark Hartl Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 164 21462 Pacific Coast Hwy #65 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. P. Walker Mr. & firs. Richard Miller Or Current Resident Or Current Resident , 21462 Pacific Coast Highway 166 21462 Pacific Coast Hwy 167 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Dorothy Barker Mr. & Mrs. Mortimer Shea Or Current Resident Or Current Resident 21462 Pacific Coast Highway 168 21462 Pacific Coast Hwy 169 Huntington Beach CA 92648 Huntington Beach CA 92648 Kr. & Mrs. Lee Joseph Ms. Joan Allan Or Current Resident Or Current Resident 21462 Pacific Coast Hwy $70 21462 Pacific Coast Highway 470 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Dale Carter - Its. Myrtle Stubkjaer Or Current Resident Or Current Resident 21462 Pacific Coast Highway 471 21462 Pacific Coast Highway 7172 Hu:tingt:on Beach CA 92648 Huntington Beach CA 9264B IIrs. John Chaffey Ms. Carolyn McKinney Or Current Resident Or Current Resident 21462 Pacific Coast Highway #73 21462 Pacific Coast Highway 173 Huntington Beach CA 92648 ! Huntington Beach CA 92648 Ms. Trudy Harrison Ms. Ruth Harrison Or Current Resident Or Current Resident 21462 Pacific Coast Highway 174 21462 Pacific Coast Highway 174 Huntington Beach CA 92648 Huntington Beach CA 92648 Vs. Beverly Bullock or Current Resident 21462 Pacific Coast Highway # 71 - Hurting= 5v3ch, CA 92648 ' Mr. & Mrs. Art Petersen Mr. Joseph DeVito Or Current Resident Or Current Resident 21462 Pacific Coast Highway 175 21462 Pacific Coast Highway 176 Huntington Beach CA 92648 Huntington Beach CA 92648 '1 Ms. Kirsten Wilson Ms. Dorothy Fowler Or Current Resident Or Current Resident 21462 Pacific Coast Highway 176 21462 Pacific Coast Highway 177 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Harold Fratus Hs. Betty Yates Or Current Resident Or Current Resident 21462 Pacific Coast Highway #78 21462 Pacific Coast Highway 1779 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Ronald Rcdriguez Ms. Nancy Stover or Current Resident Or Current Resident 21462 Pacific Ccast Highway 60 21462 Pacific Coast Hwy 480 Huntington Beach CA 92648 ; Huntington Beach CA 92648 Mr. & Mrs. Dan Keeney Mr. & Mrs. William Radovich Or Current Resident Or Current Resident 21462 Pacific Coast Highway 181 21462 Pacific Coast Highway 1882 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. H.W. McClain Mr. & Mrs. Robert Mascorro Or Current Resident Or Current Resident 21462 Pacific Coast Highway 183 21462 Pacific Coast Highway 184 Huntington Beach CA 92648 Huntington Beach CA. 92648 r Mr. Mrs. Herbert Seipel Mr. Charles Lamberson Or Current Resident ` Or Current Resident 21462 Pacific Coast Highway 185 21462 Pacific Coast Highway 186 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Maria Mitchell Ms. Anna Bashforth Or Current Resident Or Current Resident 21462 Pacific Coast Highway #87 21462 Pacific Coast Highway #B8 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Maria Sanders Ms. Mary Perry Or Current Resident Or Current Resident 21462 Pacific Coast Highway #88 21462 Pacific Coast Highway 189 -Huntington Beach CA 92648 Huntington Beach CA 92648 :is. Yvetta Sheneman Mr. & Mrs. Harry Hood Or Curre..^.t Resident Or Current Resident 2-462 Pacific Coast Highway 7`90 21462 Pacific Coast Hig`::way 191 Huntington Beach CA 92648 Huntington. Beach CA 92648 Mrs. Georgie Pulliam Ms. June Johnson Or Current Resident Or Current Resident 21462 - Pacific Coast Highway #92 21462 Pacific Coast Highway 193 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Michael Brokate Mr. & Mrs. Stephan Hall Or Current Resident Or Current Resident 21462 'Pacific Coast Highway #93 t 21462 Pacific Coast Highway #94 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Richard C. Strat..on & - ! , • . David H. rreidman or - - Current Resident _ 21462 Pacific Coast Highway US Mr. & Mrs. Earl Wallace Hs. Beverly Roll Or Current Resident Or Current Resident 21462 Pacific Coast Highway #95 21462 Pacific Coast Highway 196 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Frank Chambers Mr. & Mrs. Jerry Shaw Or Current Resident Or Current Resident 21462 Pacific Coast Highway 197 21462 Pacific Coast Highway 198 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Daniel Sheroski. Ms. Ann Marie Fleming Or Current Resident Or Current Resident 21462 Pacific Coast Hwy 198 21462 Pacific Coast Highway 499 Huntington Beach CA 92648 Huntington Beach CA 92648 -e: .. Mr. & Mrs. Robert Conger 224t2-PLtC�fic�C'o�st-Highway- - Or Current Resident urt_ryta^-Beeeh-C�2:5.48�. 21462 Pacific Coast Highway 1100 • Huntington Beach CA 92648 Ms. Wilma Bloodhart Ms. Diddy Bauman Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1101 21462 Pacific Coast Highway IT102 Huntington Beach CA 92648 Huntington Beach CA 92648 T, Mr. & Mrs. Roy Pearce Mr. -Dan Roy Or Current Resident Or Current Resident 21462 Pacific Coast Highway #103 21462 Pacific Coast Highway 1104 Huntington Beach CA 92648 Huntington Beach CA 92648 y Mr. Don Curry Ms. Victoria Gordon Or Current Resident Or Current Resident 21462 -Pacific Coast Highway 1106 21462 Pacific Coast Highway 1107 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Arthur Bray Mr. & Mrs. Leonard Barker Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1107 21462 Pacific Coast Highway 1108 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Dean Painter Mr. & Mrs. John Chung Or Current Resident Or Current Resident 21462 Pacific Coast Highway #109 21462 Pacific Coast Highway 4110 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Hazel Serex Mr. & Mrs. Jerrold Kre_cs O; Current P.esiden: Or Current Resident 21462 Pacific Coast Hwy 2,110 21462 Pacific Coast Highway 'rill Huntington Beach CA 92648 Huntington Beach CA 92648 J.! Mr. J. McNeil Mr. & Mrs. Fred Groszkruger Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1112 21462 Pacific Coast Highway 1113 Huntington Beach CA 92648 Huntington Beach CA 92648 �l 4 � Ms. Ann Hammond Ms.- Maxine Hall Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1114 21462 Pacific Coast Highway 1115 Huntington Beach CA 92648 ` Huntington Beach CA 92648 v. Mr. Edward Jenkins Mr. & Mrs. Michael Sweeney Or Current Resident Or Current Resident 21462 Pacific Coast Highway #115 21462 Pacific Coast Highway 1116 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs, Harold Derrick Mr. & Mrs. Wayne Hann Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1117 21462 Pacific Coast Highway 4118 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. John Hamann Mr. & Mrs. Vernon Pettey Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1119 21462 Pacific Coast Highway 1120 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Gary Heck Mr. Ronald Emerson ar Cu--rent Resident Or Current Resident 21462 Pacific Coast Highway f 200 - 21462 Pacific Coast Highway 41.202 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. D. Robertson Ms. Eleanor Comer Or Current Resident Or Current Resident 21462 Pacific Coast Highway # 202 21462 Pacific Coast Highway f 202 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. James Parnater Ms. Loretta Luce Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1204 21462 Pacific Coast Highway 1208 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Margaret Pickett ; Ms. Marilyn McCabe Or Current Resident Or Current Resident 21462 Pacific Coast Highway f210 21462 Pacific Coast Highway 1212 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Linda Earle - Mr. & Mrs. Roger Stadlman Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1216 21462 Pacific Coast Highway #218 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Robert Kent Mr. & Mrs. Yvan Schoenthal Or Current Resident ;4 Or Current Resident 21462 Pacific Coast Highway 1220 r�; 21462 Pacific Coast Highway 4222 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. R.W. "Bill" ScY::epf • . Ms. Mary Fann Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1224 21462 Pacific Coast Highway 2$224 'ru,ntington Beach CA 92648 Huntington Beach CA 92648 Ms. Bonnie Ahrens Ms. Esther Teele Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1226 21462 Pacific Coast Highway 1228 Huntington Beach CA 92648 � Huntington Beach CA 92648 Ms. Marie Koppenhafer Mr. & Mrs. Patrick Butters Or Current Resident 1 % Or Current Resident 21462 Pacific Coast Highway 1230 y 21462 Pacific Coast Highway 1230 t Huntington Beach CA 92648 Huntington Beach CA 92648 E�GOM49 10� � ti THE CITY"OF HI✓INTINGTON BEACH OVERSIZED DOCUMENT ON FILE WITH CITY CLERK KeyserMarstonAssociateslnc. Richard L.Botti 500 South Grand Avenue,Suite 1480 Calvin E.Hollis,II Los Angeles,California 90071 213;622-8095 Fax 213/622-5204 SAN DIEGO 619/942-0380 Heinz A.Schilling SAN FRANCISCO 4!51398-3050 �+ r j p Timothy C.Kelly `^`+ (,,, . A.Jerry Keyser Kate Earle Funk AUG 2 3 1988 Robert J.Wetmore Michael Conlon DEN�;KltvlENl Denise E.Conley MM-MUNITY DEV v �LUPIviEiYT _ August 22, 1988 Mr. Douglas La Belle Deputy City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Mr. La Belle: As a part of the Summary Report prepared for the Waterfront commercial/residential project pursuant to Section 33433 of the California Health and Safety Code, KMA determined the net costs to the Huntington Beach Redevelopment Agency associated with relocat- ing the Driftwood Mobilehome Park residents . This analysis con- sidered the costs to be incurred to develop anew mobilehome park, as well as the relocation benefits to be provided to the Driftwood . residents. These costs were offset by the rental income to be gen- erated to the Agency from the new mobilehome park. wThe net costs were estimated at $7 . 7 million, in present value terms . The assumption used to estimate the rental income from the new mobilehome park was that the Agency would receive rents of $350 per space per month in the first year of operation, escalating at 6% per annum thereafter. The vacancy allowance was set at 3%, and the operating expenses were estimated at 35% of gross income. Subse- quently, the Agency agreed to fix the rents in the first year at $208 per space per month. These rents would then escalate at 6% annually. However, the spaces would be master leased to the mobilehome association on a triple net basis . Thus, the Agency ' will not incur operating expenses , nor will there be any loss of income to the Agency due to vacant spaces . KMA prepared a revised cash flow analysis based on the alteration in the achievable rent level . This cash flow projection is presented in Table l . '-While the cost estimates remain the same, the rental income generated by the project is substantially decreased. However, given the fact that the Agency will incur no P.ealEetateP:ncl:;velopmenrR�E�aluationSen�ces Mr. Douglas La Belle August 22, 1988 Page 2 operating expenses or losses due to vacancies, the net income gen- erated is actually slightly higher than originally projected. Thus, the net costs are reduced to $7 . 6 million a reduction of $100, 000 . According to the terms of the Waterfront project DDA, the developer must loan the Agency $4.5 million of these costs . This leaves $3 . 1 million to be funded from other redevelopment project area resources . Please do not hesitate to call if you require 'additional informa- tion. Yours very truly, KEYSER MARSTON ASSOCIATES, INC. Kathleen H. Head KHH: lp 88346.HTB 14066 . 0006 --------------__-__-- -___--- e serMarstonAssoclatesIr.=. TABLE WNIERFRONT COMMERCIAL/RESIDENTIAL PROJECT HET MOBILE HOME PARK RELOCATION COSTS HUNTINGTON BEACH, CALIFORNIA YEAR I YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 1989 1990 1991 1992 1993 1994 1995 1996 1"7 1998 1999 COSTS (1) ___-_----------_-_-_---------------------------------------------------- COST OF APPRAISAL 5100,000 NET BUY-OUT COSTS PHASE I i I OPTIONAL 435,000 ADDITIONAL FOR SFO 5,000 PHASE II 1,800,000 11,290,000 ADDITIONAL FOR SFO 20,000 15,000 RELOCATION TO OCEAN VIEW PHASE I 3 OPTIONAL 75,000 CASH PAYMENT 55,D00 PURCHASE WEN COACHES 160,000 PHASE II 517,000 CASH PAYMENT 380,000 PURCHASE NEW COfHES 1,000,000 RELOCATION TO OTHER PARK PHASE I i OPTIONAL 25,000 PHASE II 200,000 RELOCATION WITHIN PARK PHASE I1 4,000 MOBILEHOME REFURBISHING 15,000 TENANT SUBLESSEE COMPENSATION PHASE 13 OPTIONAL 8,000 PHASE 11 50,000 ASSOCIATION REIMBURSEMENT 200,000 OCEAN VIEW DEVELOPMENT COSTS HOBILEHOME DEVELOPMENT 3,425,000 GOLF COURSE DEVELOPMENT 926,000 PARK DEVELOPMENT 4,707,000 TOTAL COSTS $6,327,000 $8,985,000 30 30 30 30 30 30 SO 30 INCOME OCEAN VIEW ESTATES RENT INCOME POTENTIAL (2) 147,400 $217,000 $406,700 1431,100 1456,900 $464,300 4513,400 :544,200 3576,800 3611,500 3(•48,100 (LESS) ABATEMENTS (3) 47,400 47,400 m PLUS NET SALES PROCEEDS (4) 7,396,000 --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- PET INCOME 30 :169,600 306,700 3431,100 $456,900 $484,300 3513,400 $544,200 1576,800 38,007,5DO NET AGENCY COSTS $6,327,000 $8,815,400 (1406,700) (3431,100) (1456,900) (1484,300) (3513,400) ($544,200) ($576,800) (38,007,500) PPV COSTS 1 81 37,570,000- THE ROBERT MAYER CORPORATION September 9, 1988 Mr.Paul Cook City Administrator/ Executive Director City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Dear Paul: Pursuant to Section 206 of the Disposition and Development Agreement by and between Huntington Beach Redevelopment Agency and Robert L. Mayer Trust of 1982,The Robert L. Mayer Trust of 1932 seeks approval of Hilton Inns, Inc. as the Franchisor for the Phase I hotel at The Waterfront. 1. Further this letter serves to satisfy Section 601 of the Disposition and Development Agreement in which the developer has selected Hilton Inns, Inc. as the hotel franchisor and is now seeking to obtain Agency approval. NN'e would appreciate if you would send us a Setter of approval for our files. We wish also to remind you that pursuant to Section 705 of the Disposition and Development Agreement, the request for approval of Hilton Hotels as the hotel franchisor is deemed approved unless rejected by the agency (or its Executive Director)within 30 days from receipt of this request. To aid you in your decision, I have enclosed a copy of the Hilton Hotel Corporation's 1987 annual report, first quarter report for 1988, Hilton Travel Directory and a brochure,Investment Opportunities Ift Hilton for your review. Sincerel , ,e sAq Stcphe K Bone Executive Director • SKBImo encl. cc: Doug La Belle Deputy City.Administrator/ Director of Economic Redevelopment 660 Newr-or1 Center drive.Suite '050 Sox W-10 Newport Eeocrn Coiifornic 92656-8680 (7U)759-8091 DAILY PILOT PUBLISH DATE 10/18/88 LEGAL NOTICE ORDINANCE NO. 2962 ,+, ORDINANCE OF THE CITY OF THE CITY OF HUNTINGTON BEACH, ADOPTING THE WATERFRONT MASTER PLAN AND DEVELOPMENT AGREEMENT WHEREAS, the Waterfront Project and related entitlements have been prepared; and The Waterfront Project falls under the provisions of the Downtown Specific Plan; and The complexity and planned long-term phased development of the project also dictate the need for a Development Agreement between the City and RLM Properties; and A Waterfront Master Conceptual Plan and Development Agreement have been prepared and reviewed at a duly noticed public hearing held by the Planning Commission of the City Huntington Beach on June 22 , 1988 , and the City Council on August 15 , 1988 ; and City Council Resolution No . 5390 requires the adoption of an ordinance if the City Council approves the Development Agreement . NOW, THEREFORE , the City Council of the City of Huntington Beach does ordain as follows : Section 1 . The Waterfront Master Conceptual Plan and Development Agreement: (1) Are consistent with the objective, policies, general land uses and programs specified in the general plan and Downtown Specific Plan; (2 ) Are compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3 ) Are in conformity with public convenience, general welfare and good -Iand use practice; (4 ) Will not be detrimental to the health, safety and general welfare; and, (5 ) Will not adversely affect the orderly development of property values . Section 2 . Based on the above findings, the City Council of the City of Huntington Beach, hereby approves the Waterfront Master Conceptual Plan and Development Agreement by and between the City of Huntington Beach and Robert L. Mayer as trustee , attached hereto and incorporated herein by this reference as Exhibit "A" . section 3 . This ordinance shall take effect thirty days af ter its passaae., . . . .. __ _... THE FULL TEXT OF THE- ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE ADOPTED by the City Council of the City of Huntington Beach at an regular meeting held Monday, October 3 7. 9j83_0 by the following roll call vote: AYES: - Councilmembers: Kelly, Green, Erskine, Mays, Winchell NOES: Councilmembers: None ABSENT: Councilmembers: (Bannister & Finley out of room) CITY OF HUNTINGTON BEACH Connie Brockway City Clerk RESOLUTION NO. 1400 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA ADOPTING THE WATERFRONT MASTER PLAN AND DEVELOPMENT AGREEMENT WHEREAS, the Waterfront Project and related entitlements have been prepared; and The Waterfront Project falls under the provisions of the Downtown Specific Plan; and The complexity and planned long-term phased development of the project also dictate the need for a Development Agreement between the City and RLM Properties; and A Waterfront Master Conceptual Plan and Development Agreement have been prepared and reviewed at a duly noticed public hearing held by the Planning Commision of the City of Huntington Beach on June 22, 1988 NOW THEREFORE BE IT RESOLVED, that the Planning Commisssion of the City of Huntington Beach finds that the Waterfront Master Conceptual Plan and Development Agreement: (1) Are consistent with the objectives, policies, general land uses and programs specified in the general plan and Downtown Specific Plan; (2 ) Are compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3 ) Are in conformity with public convenience, general welfare and good land use practice; - 1 - 32. For each development phase of the project, any fossils collected during grading of the Project shall be Curated with an appropriate museum facility. 33 . All phases of the project shall conform to mitigation measures specified in EYR 82-2. 34 . The Federal Emergency Management Agency (FEMA) requires that developments within the Special Flood Hazard Zone elevate any habitable areas of a dwelling unit to or above the expected level of flooding for a 100-year event. Non-residential habitable structures must be elevated or flood proofed to FEMA standards. The project shall comply with all mandated FEMA standards. Compliance shall be verified prior to the issuance of building permits for any phase of the project. 35. For each phase, positive surface gradients shall be provided adjacent to all structures so as to direct surface water run-off and roof drainage away from foundations and slabs, toward suitable discharge facilities. Ponding of surface water shall not be allowed on pavements or adjacent to buildings. 36 . Prior to the issuance of a grading permit for any phase, a grading plan shall be submitted to and approved by the Departments of Community Development and Public Works. Noise The following measures shall be implemented unless noise analyses, performed by a registered acoustical engineer and approved by the Director of Community Development, determine that the construction of all or some of the following measures is not warranted. 37. Prior to the issuance of Certificate of Occupancy for each commercial phase, and subject to approval of the Planning Director, a six foot masonry wall shall be constructed adjacent to existing and proposed residential properties along Walnut Avenue. Other sound attenuating design features subject to the approval of the Planning Director may be implemented in addition to the masonry wall. 38 . Prior to _the issuance of building permits for any residential phase, an acoustical assessment shall be conducted documenting that the proposed six foot sound walls are adequate to reduce noise levels to 65d8A or less in private outdoor living areas (i .e. patio areas) of residence only. Additionally, the assessment shall identify the measures necessary to insure that indoor noise levels will be 45d8A or less, as required by the California Noise Insulation Standards. Exhibit A -6- (0751d) i 39 . Prior to the issuance of Certificate of Occupancy for each residential phase, and subject to the approval of the Planning Director, a six foot masonry wall shall be constructed adjacent to proposed residential properties along Beach Boulevard. Other sound attenuating design features may be constructed subject to the approval of the Planning Director. 40. Prior to the issuance of building permits for any commercial phase, an acoustical study shall be prepared addressing the guest rooms in the hotel. The study shall identify all measures necessary to reduce noise levels in guest rooms to 45dBA or less per the California Noise Insulation Standards. Subject to the approval of the Planning Director, the recommended mitigation measures shall be incorporated into the project. 41. Prior to issuance of Certificate of Occupancy for each phase, a landscaped berm shall be constructed between the masonry wall and the curb edge for noise attenuation. 42. Sweeping operations within all of the parking structures shall be restricted to daytime hours, between 7:00 a.m. and 8:00 p.m. , Monday through Saturday and 10 :00 a.m. and 6:00 p.m. on Sundays. 43 . A textured parking surface, such as asphalt or textured concrete, shall be used in all of the parking structure to reduce tire squeal. Compliance with this condition shall be verified prior to the issuance of the Certificate of Occupancy for each parking structure. 44 . Design of the parking structure shall incorporate one of the following noise attenuation options: a. Enclose the parking structure's sidewall parallel to the residential area. b. Allow openings in the structure's sidewalls and place a masonry wall on the top level of the structure parallel to the residential areas. C. Incorporate other sound attenuating design features to the approval of the Planning Director. 45. For each development phase that includes a parking structure, a minimum 130 foot separation between the residential and parking structure uses shall be maintained, or other sound attenuating design features may be incorporated to the approval of the Planning Director. All approved building plans shall reflect the 130 foot separation. Exhibit A -7- (0751d) Licht and Glare 46. All lighting fixtures in the commercial portion of the project shall be directed so as to prevent "spillage" onto adjacent residential uses. 47. The residential site plan shall be modified to move or reorient the six f units noted on pages 96 and 97 in the DSEIR as being affected by shadows for periods of more than four hours . Public Services -and-Utilities (A. Water) 48. The project shall conform to the City of Huntington Beach Water System - Design Criteria. In addition, separate water lines shall be installed for each phase providing a domestic/potable water supply system and a landscape watering supply system. Compliance with this requirement shall be verified prior to the issuance of building permits for each phase. 49 . The following water conservation measures for the internal use of water shall be included in the project: low flow shower heads and faucets; low flush toilets; insulation of hot water lines in water recirculating systems; compliance with water conservation provisions of the appropriate plumbing code; reduced water pressure. 50. The following water conservation measures for the external use of water shall be included in the project: conservation designs utilizing low water demand landscaping (Xeriscape) ; berming to retain runoff for irrigation; utilization of drip irrigation where feasible; and irrigating only during off peak hours (late evening) . Additionally, any water oriented amenity within the project shall be so designed as to be a self- contained natural or artificially filtered system which reuses water internal to the system. 51. Adequate water supply shall be provided to the site consistent with alternatives described in a letter dated October 20, 1987, City of Huntington Beach (Appendix F) , pursuant to the DDA. (B. Gas and Electrical Utilities) 52. Building construction shall comply with the Energy Conservation Standards set forth in Title 24 of the California Adminis- trative Code. 53 . The developer shall consult with the Southern California Gas Company during the design phase to ensure efficient development and installation of natural gas facilities. Methods of energy conservation techniques that shall be considered include: Exhibit A -8- (0751d) a. Energy efficient concepts in building layout, design and orientation, such as the use of solar water and space heating technologies. b. Comprehensive planning for landscaping to complement new structures and parking lots, thereby minimizing heating and cooling energy use. C. Walls, ceiling, floors, windows and hot water lines should be insulated to prevent heat loss or gain per Title 24 regulations. (C. Fire) 54 . The project developer shall work closely with the City of Huntington Beach Fire Department to ensure that adequate fire safety precautions are implemented in the project. All site plans, floor plans and elevations for each phase are subject to the review of the Fire Department. 55 . The project developer shall provide the full range of fire and life safety systems in all buildings as recommended by the City of Huntington Beach Fire Department. This provision will aid in reducing the potential manpower required in a major emergency. (D. Police) 56. The developer shall work closely with the police department to ensure that adequate security precautions are implemented in the project. The provision of adequate security precautions shall include construction phases of the project. Such security shall include construction fences and private security patrol. Police services to the development shall be enhanced through the provision of adequate street lighting, clearly marked street names and building numbers and security hardware. (E. Transit) 57. Site plans of the proposed project shall be forwarded to the OCTD as they become available for each phase. The plans will be reviewed in terms of their conformance to the OCTD Design Guidelines for Bus Facilities. 58 . In order to ensure accessibility and available transit service for employees and patrons of this development, the following transit amenities shall be incorporated in this project as "project betterments" and shall be the responsibility of the developer. These measures will also provide incentives for bus ridership and lessen impacts on air quality. Implementation of these measures shall be verified prior to the issuance of Certificate of Occupancy for each phase. Exhibit A -9- (0751d) a. The existing bus stops shall be preserved or upgraded, and bus turnouts provided, if determined by the City Traffic Engineer and OCTD to be necessary based on traffic volumes, speeds and roadway cross sections. b. Paved, handicapped accessible passenger waiting areas, including a bus shelter, shall be provided at each stop. c. If deemed necessary by the City Traffic Engineer and OCTD, the area adjacent to the turnouts must be able to accom- modate a passenger waiting area complete with a bus shelter and bench. d. A paved, lighted and handicapped accessible pedestrian accessway must be provided between each stop and the project buildings. (F. Oil Wells and Oil Product Pipeline) 59 . The project proponent shall comply with the most current California State Division of Oil and Gas standards and requirements for the reabandonment of the seven on-site wells. 60. If any abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial cementing operation may be required. If such damage occurs, the DOG's district office shall be consulted. 61. Efforts shall be made to avoid building over any abandoned well. If construction over an abandoned well is unavoidable, a DOG approved gas venting system shall be placed over the well. The site plan and/or venting system shall be reviewed by the City's Fire Department. 62 . If after consulting with the owner of the underground gas/oil line located on-site, it has been determined that a conflict between the project and the underground pipeline facility exists, the subject pipeline (Exhibit E, Addendum to Final SEIR 82-2) shall be relocated under the Pacific Coast Highway/Beach Boulevard right-of-way area, or under the public parking lot area along the west side of Beach Boulevard, or under the open space area in front of the proposed Waterfront project, whichever is most feasible. Sogig-Economic Effects 63 . A minimum of six months prior to the date that a specific phase of the park will be closed, all affected tenants shall receive a written notice advising them of the definite date of closure. If relocation assistance per the approved Relocation Assistance Plan has not been previously arranged with the affected tenants, the program shall be put into effect during this six month period. Exhibit A -10- (0751d) 64 . Consistent with program 8.5.2.5 of the City's Housing Element of the General Plan, the applicant an/or City staff shall meet with the mobile home park tenants and coach owners to explain conversion process and relocation assistance. 65. Consistent with program 8.5.2.6 of the Housing Element, the City or Redevelopment Agency shall assist in relocation of persons affected by this redevelopment project. 66 . The developer shall comply with all aspects of Article 927 of the Municipal Code, including an approved Relocation Assistance Plan which shall include a Mobilehome Acquisition and Relocation Benefits Agreement executed by the Redevelopment Agency , RLM Properties, Ltd. , and the Driftwood Beach Club Mobile Homeowners Association, Inc. - the Mobile Home Overlay Zone, an ordinance enacted to require rezoning on change of use of a mobile home park to comply with certain requirements/standards prior to initiating such a change in use (see Appendix for a provisions of Article 927) . 67. Prior to closing any portion of the mobilehome park, the developer shall provide a relocation coordinator who will provide general relocation assistance to all tenants with special emphasis on assisting special needs groups identified in the SEIR. Availability of such a relocation assistance plan shall be to the approval of the City Council and shall be incorporated into the Relocation Assistance Program required by Article 927 of the Municipal Code. 68 . Per the provisions stipulated in the approved Relocation Assistance Plan, the developer shall pay the cost of relocating a mobile home coach, when the age and condition of the coach allows feasible relocation, MITIGATION MEASURES_ ADOPTED IN ENVIRONMENTAL IMPACT REPORT 140,__82-2 (APPROVED BY RESOL11TION NO, 5294 ON JULY 18, 1983) seoloay_. Soils and seismici�v 1. State law requiires soil studies be prepared prior to any construction in the Alquist Priolo Special Study Zone (see Figure 4a) . While the Specific Plan area is not included in this zone, geologic and soils studies shall be required at the Director's discretion on a project by project basis. This will assure that new development be conditioned to mitigate for circumstances which actually exist at the proposed location. Depending on the results of these studies mitigating measures will be required, including but not limited to: buffers, special grading, special foundations, subdrains, drainage swales, dewatering devices, retaining walls, and landscaping of ° manufactured slopes. Exhibit A --11-- (4751d) I Biotic Resources 2. The Special Plan contains landscape and open space requirements for new development which will ensure that in most cases development will provide more vegetation than exists at present. The Coastal Element contains a policy which requires the preservation of existing mature trees to the maximum extent feasible. This policy will be endorsed within the Specific Plan area and will result in healthy mature trees being incorporated into the design of projects. The potential wetland along Beach Boulevard is protected by provisions in the Specific Plan which require conservation easements to be placed on wetland areas. In the event that the wetland is found by the California Department of Fish and Game to be severely degraded pursuant to Sections 30233 and 30411 of the Coastal Act, other restoration options may be implemented in conformance with the Coastal Commission's "Statewide Interpretive Guidelines for Wetlands and Other Wet Environmentally Sensitive Habitat Areas. " Circulation 3. Within the scope of the Specific Plan some mitigation measures are possible. Many of these measures have already been incorporated into the Plan. They consist of the proposed cul-de-sacs, the Atlanta-Orange arterial, the Walnut Avenue extension and the PCH re-striping project. An additional alternative is the possibility of creating a one-way street system along Walnut and Olive Avenues . These streets could possibly be connected by a "couplet" into the walnut Avenue extension. Such a system would probably not be needed until significant development occurs in the Plan area. While this option would reduce the congestion moving parallel to PCH, it would not relieve the traffic problems of Beach Boulevard, Goldenwest and other north-south carriers, and would require careful study to provide adequate mitigations for surrounding residential neighborhoods. Clima ,g and -Air Quality 4 . Because the major source of air pollution in this project is the automobile, mitigation measures need to focus on reducing vehicular traffic. The Specific Plan covers an area that is currently zoned in traditional commercial and residential designations. The new zoning provides for mixed use districts which allow combinations of residential, commercial and office uses in the same area. This is hoped to reduce out-of-project travel, as shopping, work and entertainment are provided within a convenient distance. The reduction of automobile trips will also reduce related emissions. Exhibit A -12- (0751d) - 5. other mitigation measures include encouraging the use of public transportation, bicycles and walking. The Specific Plan outlines complete bicycle and pedestrian systems as well as recommending bus shelters and a transit layover area along PCH. 6. Prior to construction on or near the midden site (ORA 1.49 as identified in 1973 archaeological survey) , an archaeological survey (record search) should be conducted by a professional archaeologist to assess the significance of the site with recommendations on how to protect any valuable resources. If deemed necessary by the archaeologist, a trained observer may be required to be present during grading to ensure any significant resources are protected. Public Health and Safety A. Flooding: 7. The present drainage system and its planned improvements should be sufficient to accommodate run-off due to new development. As projects are built, the drainage fees assessed for the development will be used to implement the master planned drainage improvements. If additional facilities are needed for a specific project, they would be required as a condition of project approval. 8. The Federal Emergency Management Agency has required the City to adopt Flood Plain Development Regulations. These regulations require that developments within the Special Flood Hazard Zone elevate any habitable areas of dwelling units one foot above the expected level of flooding which could occur in a 100 year storm. Commercial buildings need not be elevated but can instead be flood-proofed. The flooding levels are depicted on the Flood Insurance Rate Map. B. Noigg: 9 . Development within noise impacted corridors can be shielded by sound barrier walls and berms, by special construction materials and techniques, and by eliminating building openings on the sides which face toward the noise source. Noise impacts from pumping units can be mitigated by replacing ball and plunger pumps with a less noisy type, or by constructing sound barrier either around the wells, or around the development. These mitigation measures can be applied to each development as it is approved, so that specific localized problems can be met without imposing overly restrictive conditions on all development within the Specific Plan area. Exhibit A -13- (0751d) Energy Use. Conservation and Production 10. The plan is designed to promote more efficient use of energy. Many of the impacts of the Plan in terms of efficient energy usage are decidedly positive. Nevertheless, new development will consume additional energy. Specific energy-conserving measures can be required at the time of development approval. The following measures could reduce energy consumption: a) Provisions for alternate forms of energy such as solar could be incorporated into projects. b) Passive solar energy measures could be incoporated into project design and siting. c) Reduced intensitive of residential and commercial development could also result in energy savings. Aesthetics 11. Most of the aesthetic impacts of the Plan are positive. Potential impact related to loss of views along the bluffs or to the siting or design of new buildings are addressed in the Plan, including: development standards that require wide, landscaped setbacks and graduated height limits; the creation and preservation of view corridors through staggered building envelopes and breezeway requirements; development of a landscaped blufftop; the restoration and protection of the municipal pier; and the creation of parkways and landscaped medians. 12. At the Director's direction, shadow studies will be required for buildings taller than six stories. Fire 13 . Depending on the nature of future development, additional fire equipment and personnel should be added. Public safety and fire protection considerations are reviewed before issuing permits for new higher density residential or office/commercial projects. Police 14 . Depending on the amount and nature of future development, additional police personnel and equipment to serve the Specific Plan area may be needed. Exhibit A -14- (0751d) SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 STATEMENT OF OVERRIDING CONSIDERATIONS The final Supplemental Environmental Impact Report 82-2 for the Waterfront Development Project identifies certain unavoidable adverse significant environmental effects. CEQA Guidelines Section 15093 requires the decision-maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether the project should be approved. If the decision-maker concludes that the benefits of the project outweigh the unavoidable adverse environmental effects, the effects may be considered acceptable. Here, the City of Huntington Beach does find that the benefits flowing to the City and its residents from the project outweigh the significant adverse environmental effects which remain after the project's mitigation measures are implemented. Primary among such considerations are the elimination of blighted conditions existing in the Main-Pier Redevelopment Project Area, development of first-class tourist/commercial and recreational facilities of benefit to the City and persons throughout the region, and the project's furtherance of the Downtown Specific Plan and Local Coastal Plan' s objectives for increasing access to coastal and ocean amenities. Another important Consideration is the significant amount of revenue which will result to the City and the Redevelopment Agency from the project, which revenues can be used to improve service levels, construct capital facilities, provide additional affordable housing, and for other important public purposes. The final EIR identifies four separate unavoidable adverse environmental impacts . (S}ee Section 5.0, Exhibit "K" to Addendum for Final. Supplemental Impact Report 82--2, dated May 12, 1988. ) These are: 1. Exposure of additional people and structures to potential geologic hazards, including grounshaking, liquefaction, and soil settlement. 2. Increased energy consumption as a result of higher intensity development. 3 . Aesthetic and view impacts, particularly from the public beach to the south of the project site, and c. along Pacific Coast Highway. 4. Regional cumulative air quality impacts j as a result of the additional daily trips generated by project operation. Planning Commission r Resolution No. 1397 Exhibit B Each of these effects is lessened by the mitigation measures suggested in the Supplemental EIR, which measures will be required and incorporated into the project. The reasons the City has determined that the remaining effects of each such impact is "acceptable" given offsetting project benefits is discussed below. 1. gdditional—ExposureoGeologic Hazards . The geologic study conducted by Irvine Soils Engineering, Inc. concludes that the site is suitable for the proposed development, provided that the conclusions and recommendations included therein are implemented into project-designing construction. ($�= Appendix "B" , Page 10.) Such inclusion is a specific condition of approval of the project and the EIR. Thus, although the City does recognize that the site bears some above-average seismic and soils risk, such risks will be minimized by extra care in design and construction techniques. Of course, the entire City is located within the Newport-Inglewood Fault Zone, and to an extent all City residents are subject to seismic risks in locating themselves near the City's ocean amenities. Any development approved within the City therefore creates some degree of this type of environmental effect. In the General Plan, Downtown Specific Plan, and Local Coastal Plan, the City and Coastal Commission have opted for a program designed to enhance and encourage use and enjoyment of the beach. Any project allowing more people to choose such enjoyment of necessity allows more people to take the risks which are unfortunately inherent in the geologic makeup of the City's location. Further, the dangers posed by such geologic hazards will be mitigated to a 'large extent by features incorporated into the project. For example, architectural design calls for construction of all major structures upon pilings, which will be grounded in denser sand layers. Further, design will call for dewatering measures, such as basements and other structural modifications, to offset most dangers posed by the relatively high groundwater table in the area. All structures must conform to seismic safety requirements in the Uniform Building Code. Most important, the EIR calls for supplemental investigations for liquification, groundwater, and other specific hazards prior to final design for any specific phase of the project. Such investigations require the indentification of hazards zones. Once identified, building on any such zones should be avoided, or if necessary, required to include the mitigating construction techniques detailed above. Exhibit 3 -2- (0715) Countervailing what geological risks remain after mitigation are the benefits of eliminating the existing conditions of blight on the'- project site and replacing the aged, deteriorating, and substandard structures with new first-class commercial, recreational, and residential facilities. Related to the foregoing considerations is the fact that the project will greatly enhance the public's opportunities for access to and recreational opportunities in connection with the City's prime ocean frontage. Without question, this ocean locality is one of the premier benefits the City has to offer. The climate, wide sandy beach, water temperature, and waves characteristic of Huntington Beach have become a focal point not only for City activity, but much of its cultural identity. In following the enhancement programs outlined in the General Plan, Downtown Specific Plan, and Local Coastal Plan, the City has determined that the unmitigated risk of incidence of seismic or geologic disturbances is outweighed by the daily enjoyment of the coast by a broader portion of the population. 2. Increased Energy Consumption. The project results in higher density use on the site than that which currently exists. As a result, energy use undoubtedly will increase. This incremental increase of energy use is not expected to cause any serious impact. Local utilities have indicated that the capacity does exist to serve the project. Utility providers are currently aware of City growth anticipations, and are planning for it. No existing utility provider's service capacities will be exceeded by the incremental increase caused by the project. Nevertheless, higher density will lead to more regional energy consumption, and increased levels of local services demand. Offsetting this will be the public benefits of the project referenced in paragraph 1 above. In addition, the project will provide an influx of new residents, visitors, and businesses which will provide a broader customer base for utility providers. As to other City services, the EIR does not identify any need for additional fire staff or equipment, and the EIR identifies a need of only 1.5 additional police services personnel. These impacts are offset by the significant amount of revenues which will flow to the City and . the Redevelopment -�' Agency from the project. According to a study done by Laventhol & Horwath, Certified Public Accountants, dated Exhibit B -3- (0715) November 11, 1987, summarized in Section 4 .10 and included in Exhibit L of the SEIR, the operation of the proposed development for the first 25 years of the Waterfront project will generate an estimated net revenue of One Hundred Twenty- one Million Eight Hundred Twenty Three Thousand Dollars ($121,823,000.00) in ongoing taxes and fees, after payment of all ongoing general fund expenditures for added police, fire, public works and administrative expenses generated by the project. Included in these sums is some $10,000,000.00 of affordable housing funds from the 20% set aside on tax increment revenues, which can and must be utilized to increase the community's supply of decent and affordable housing. The City has determined that the public benefits referenced in Paragraph 1 above, the availability of utility services, and the opportunity for an increased customer base, combined with the significant revenues which flow to the City and the Redevelopment Agency from the project, adequately offset any incremental increase in energy usage. 3 . VI_e-w—Impacts. Because of the intensity and building height of the structures contemplated as part of the project, there will be some impairment of certain views, along with increased density. Such impairment will be limited to certain inland viewpoints; none of the project is to be located on the coastal side of Pacific Coast Highway, and ocean views from this major thoroughfare will be unaffected. Project design will still afford various inland view opportunities, and will maintain ocean visibility from much of the area surrounding the project site, including Pacific Coast Highway. In addition, erection of the hotel structures and portions of the residences will actually create new views and enhance the opportunities for enjoyment of views from those sites. The City has determined that elimination of current blighted structures, and the fiscal effects of the project, including an anticipated rejuvenating effect on the downtown area, will outweigh any unmitigated impairment of views. Moreover, the opportunity for greater numbers of visitors to come to the ocean area will in some respects enhance overall ocean view enjoyment, which countervails the limited view impairment of certain segments, from certain vantage points, surrounding the project site. The lower density alternative in the EIR (see Final EIR, pa. '132-33) would have some limited view-preserving effects, but would not achieve the visitor-serving objectives of the Downtown Specific Pan or Local Coastal Plan to the same extent. Moreover, such lower-scale development would not produce the same level of public revenues achieved by the i Exhibit B -4- (0715) project as proposed, and would entail many of the same environmental effects. On balance, the City has determined that such a reduced scale development would not provide the overall benefits of the proposed project. 4 . Air Quality. The project will result in regional air quality impacts. Impacts from construction are largely mitigated to a level of nonsignificance. The regional impact comes instead from daily trip generation from operation of the project. To the extent that regional air quality impacts are the result of auto or other vehicle emissions, mitigation measures for controlling such emissions are not within the jurisdiction of the City. Any measures in this regard would have to come from the California Air Resources Board or South Coast Air Quality Management District. To an extent, however, the City does have jurisdiction over controlling the intensity of land uses, from which daily trips are generated. In this area of its jurisdiction, the City finds that the regional incremental air quality impacts of the project are outweighed by the elimination of blight, by the replacement of aged,• deteriorating, and substandard structures with new first-class commercial, recreational, and residential facilities, by enhancement of access to coastal resources, and by increased City and Redevelopment Agency revenues from the project. This finding is made with recognition that mitigation measures have been required for the project to ease air quality impacts, including ventilation on stationary emission sources and a transportation. Moreover, the commercial portion of the planned project is a destination-oriented complex, which should minimize the need for visitor trips once visitors are at the center. Further, locating residential uses close to surrounding employment centers can help to ameliorate the existing housing-jobs imbalance in Orange County and minimize the number of miles workers commute to places of employment, thereby offsetting to some extent traffic and regional air quality concerns. Additional design features to enhance pedestrian accessibility, and the proximity of commercial facilities to the hotel and residential uses, will also serve to decrease the number of trips generated. Given the many public benefits from the project referenced above, the City has determined that the adverse regional air quality impacts are acceptable. 8/159/065580-0001/005 . Exhibit B -5- (0715) J_J 94 CITY OF HUNTINGTON BEACH JUti 30Wd 0 1NTER-DEPARTMENT COMMUNICATION „,"TWGIEWA MC„ REDFULOPMEHT To Mayor Erskine and From Planning Commissioners City Council Members Livengood, Ortega, Leipzig Subject WATERFRONT PROJECT Date June 27, 1988 MINORITY REPORT On June 22, 1988, the Planning Commission approved the Waterfront Master Plan and Development Agreement by a vote of 6 to 0. The Commissioners agreed that a minority report would be submitted concerning three items in the agreement. The project overall has many positive features but the project, as designed, has very serious deficiencies which detract from its benefit to the community. This minority report is a request that the City Council modify the Development Agreement in three areas. (1) Residential Density Density allowed -in the Development Agreement/Master Plan for the residential part of the project is the highest possible (equivalent to R4) without a density bonus, out of keeping with the neighboring Seaside development immediately to the north and other projects approved for the area . The table below compares Waterfront density with other projects in Huntington Beach. project Density Area Total Units Pacific Ranch 12 du/ac 46.9 ac 562 du Town Square 24 du/ac 3 .7 ac 89 du Breakers 45 du/ac 7.5 ac 344 du Seabridge (Beach/Adams) 25 du/ac 46 .0 ac 800 du Seaside (Atlanta/Beach) 15 du/ac 35.0 ac 525 du Waterfront (Plan) 35 du/ac 25.0 ac 875 du Waterfront (113) 25 du/ac 24 .0 ac 600 du Waterfront (R2) 15 du/ac 24 .0 ac 360 du The high density of the project may adversely impact traffic on Walnut and Beach Boulevard and in the Downtown Area and is not needed to support the visitor-serving commercial uses provided in the Waterfront project. WATERFRONT PROJECT MINORITY REPORT June 27, 1988 Page Two RECOMMENDATION We recommend R2 or R3 residential density standards be the limit set for residential in the Development Agreement. We also encourage a variety of housing types be proposed similar to the Pacific Ranch project but also including single family homes . (2) Parking The staff report on the Development Agreement indicates that insufficient parking is planned for the total project and for four out of six of the project phases (Phases 3 , 4 , 5 and 6) . The Minority believes that Phases 1 and 2 are also deficient. RECOMMENDATION (a) Each phase of the project must fully meet its own parking demand. (b) Any deficiency which may occur in Phase 1 must be remedied by expanding the number of parking spaces in Phase 2 and not be allowed to be made up in any subsequent phase. (c) Tandem parking needs to be evaluated for two years after completion of Phase 1 before additional tandem parking is permitted in subsequent phases . This study should be part of the study conditioned in the Phase 1 project and all subsequent entitlement parking study conditions . (3) Floor Area Ratio (FAR) The overall FAR of 1.4 for the complete Waterfront Project is actually very high even though it does not approach the ceiling of 3 . 5 envisioned in the Downtown Specific Plan. Phase 4 of Waterfront has a particularly high FAR of 4 . 1 . The following table compares Waterfront with other projects . Protect FAR Huntington Center 0 . 32 Chartre Centre 0 . 55 H.B. Holiday Inn 1.4 Waterfront (All 6 phases) 1.4 Waterfront (Phase 4) 4 . 1 WATERFRONT PROJECT MINORITY REPORT June 27, 1988 Page Thee RECOMMENDATION Reduce FAR for Phase 4 from 4 . 1 down to 3 . 5 . The project intensity in this phase is far in excess of any project within the City and is also out of character with the other phases of the Waterfront Master Plan. Attached is a chart prepared by Community Development staff that provides a synopsis of the Master Plan. Also attached is a survey prepared by Commissioner Livengood and reviewed by staff which provides a comparison of parking at comparable hotels . The Minority suggests that the Council take these important steps to improve the Waterfront Development Agreement/Master Plan. Respectfully submitted, Commissioner Tom Livengood Commissioner Victor Leipzig Commissioner Geri Ortega TL:VL:GO/kla (0864d-3-5) cc: Planning Commission Paul Cook Doug LaBelle Mike Adams } s r y Y f .. a Section/Issue PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 761AL Req. Prow. Req. Prow. Req. Prow. Req. Prov. Req. Prow. Req. Prov. Req. Proy. 4.11.02 Min. Parcel Size NA 3.58 ac NA 3.48 ac NA 2.9 ac NA 1.22 ac NA 3.81 ac NA 5.04 ac No Min. 20.03 ac No. of Hotel Rooms 300 None 500 250 NA 400 Sq.Ft. of Buildings 256.000 sq.ft. 25,000 sq.ft. 340,000 sq.ft. 250.600 sq.ft. 75,000 sq.ft. 440.000 sq.ft. 1.386,600 sq.ft. 4.11.03 Max, density/intensity NA 1.42 NA 0.23 NA 3.31 NA 4.1 NA 0.51 NA 2.36 3.5 1.4 by Floor Area Ratio 4.11.04 Max. building height NA 13 story NA 3 story NA 17 story NA 15 story NA 3 story NA 12 story NA various 4.11.05 Max. Site Coverage for buildings - Master Plan NA 41.9% NA 13.1X NA 50% UA 45.1% NA 24.1% NA 42.5% 35% ) 35x - Existing Code NA $2.2% NA 58% NA 63% NA 58.2% NA 38.6% NA 55% 35% 55.6% Max. site coverage for NA 14% NA 1.1% NA 4.1% NA 13.9% NA 33.9% NA 5.8% 25% 12% parking b accessways 4.11.06 - Front Yard Setback 50 ft. 50 ft. for all phases 4.11.07 - Side Yard Setback 20 ft. 20 ft. for all phases 4.11.08 - Rear Yard Setback 20 ft. 20 ft. for all phases 4.11.10 Min. Open Spate NA 35.7% NA 98.9% NA 42.1% NA 23% NA 38.1% NA 44.9% 25% 49.4% Max. Enclosed 9% 15% 9% Open Space (Max.) 960 Parking 330 330 200 200 660 600 275 230 495 400 495 430 2455 2190 Revised June 22, 1988 (0864d-2) WATERFRONT PHASE 1 PHASE 3 PHASE 4 PHASE 6 Rooms 300 500 250 400 Parking 330 600 230 430 COMPARISONS: Four Seasons Irvine Hilton Embassy Westin South & Towers Suites Coast Plaza Airport Rooms 296 550 293 400 Parking 369 760 288 490 NOTE: Every hotel contacted indicated that at peak times parking was not adequate. The Four Seasons Iiotel has to use valet parking for all parking since parking is so tight. The hotel, has requested City approval to expand their parking. Tom Livengood - 6/21/88 (0864d-1) r STAFF RESPONSE TO MINORITY REPORT SUBMITTED BY PLANNING COMMISSIONERS On June 22, 1988, the Planning Commission approved the Waterfront Master Plan and Development Agreement by a vote of 6 to 0, and agreed that a minority report would be submitted to the City Council regarding three issues. The following is staff 's response to the Planning Commission's concerns relating to residential density, parking, and floor area ratio. 1. Residential Density The minority report expressed concern with the residential density of 35 units per gross acre (equivalent to R4 zoning) , and suggested that a lower density equivalent to R3 or R2 zoning would be more appropriate. The Downtown Specific Plan District 8b allows a maximum density of 35 units per gross acre subject to approval of a Master Plan for the district, and approval of a Conditional Use Permit by the Planning Commission. This density is consistent with the General Plan designation of High Density Residential for the site. The Downtown Specific Plan envisions this type of development adjacent to the downtown commercial core as part of the population base necessary to create viable services in the area. The District's requirement for a Master Plan allows development that maximizes view opportunities, access to recreational facilities, and compatibility with adjacent residential development. The actual development standards of the district also serve to buffer residences to the north from high intensity commercial development. All structures exceeding 35 feet in height (approximately three stories must be set back a minimum of 100 feet from the northerly property line of the site. The building layout and design are subject to approval by the Planning Commission. Supplemental EIR 82-2 has shown that there will be no significant adverse traffic impacts on Walnut Avenue or Beach Boulevard as a result of the proposed residential density. 2. Parking The Minority Report suggests that the parking for all the commercial phases is inadequate. The matrix attached to this RCA (Attachment No. 1) compares the proposed number of parking spaces with the number of spaces that would be required for the scaled-down project as approved by the Planning Commission. The number of proposed spaces was obtained from RLM, Ltd. , while the number of required spaces is based on 1.1 space per hotel room, and 1 space per 200 square feet of health club and retail use. This project has been master planned in accordance with the Downtown Specific Plan. At each phase of development, the Planning Commission has discretion over parking and other design features, and may impose additional conditions of approval as necessary. A condition of approval of the ATV1e_VWNT 9 Master Plan and Development Agreement (Condition No. 25 of the SEIR 82-2) states that, "Prior to approval of each phase of the project, the Planning Commission shall determine the need to conduct a parking study. This determination will be made in consideration of the parking ratios applied to previous phases and performance thereof. " Thus, should an actual shortfall occur in any phase, the Planning Commission may address the issue prior to commencement of subsequent phases. 3 . Floor Area Ratio (FAR) The Minority Report notes that overall project' s Floor Area Ratio of 1.4 is too high, and that Phase 4 Floor Area Ratio of 4 .1 exceeds the maximum of 3.5 permitted by the Downtown Specific Plan District 9. It should be noted, however, that Section 4 .11.03 of the Downtown Specific Plan states, "the Floor Area Ratio shall apply to the entire project area." The Project FAR has, therefore, been calculated on a Master Plan basis rather than a phase-by-phase basis. Since the phases are inter-related, the division lines between phases and the land areas they encompass are descriptive and somewhat arbitrary. The Phase 4 boundary, for example, was drawn around the single tower, resulting in a small land area and a high FAR. The cumulative FAR figures shown in the letter from the Robert Mayer Corporation to the City Council dated July 26, 1988, present the actual relationship of building area to land area as each phase progresses. The cumulative FAR by Phase 4 is 1.6, well below the maximum 3 .5 allowed. With regard to the FAR comparisons with other major projects presented in the minority report, the lower FARs reflect the large land area that is required to accommodate surface parking. When underground parking structures are utilized, as in the Waterfront project, a smaller land area can be developed while still maintaining the required site coverage, setbacks, landscaping and open space. A higher FAR is the result. -2- (1060d) • T1�E pp CC PvGGPT ' M��ER COPPOPATION Date: July 26, 1988 - To: The Honorable John Erskine Members of the City Council From: The Robert Mayer Corporation Subject: The Waterfront Minority Report from Members of the Planning Commission At our recent hearings before the Planning Commission, several questions were raised about The Waterfront and the proposed development agreement. These concerns were previously forwarded to you to a minority report prepared by three Planning Commissioners. In some cases (particularly with regard to parking), minor statistical errors occurred in the staff reports which lead to undue confusion. We are taking this opportunity to clarify the relevant facts and to present additional information in the hope that the Council will benefit from a thorough discussion of these issues. 1. RESTPENIIAL PENSUY The Waterfront conceptual master plan and development agreement anticipates the build-out of the residential portion of the project with a maximum of 875 residential units. Pursuant to the Downtown Specific Plan as adopted some five years ago, this area is zoned for 35 units per gross acre, or a total of 963 units. However,The Robert Mayer Corporation has already agreed to a reduction to 875 units. There are several issues to be considered when reviewing the residential density: a. Adjacent High Intensity Commercial and Residential Uses: The residential portion of The Waterfront has the following surrounding land uses: South: The Waterfront commercial section including four hotels, a retail shopping center and a tennis and health center, West: District 7 Visitor Serving Commercial (max F.A.R. 3.0) and District 8-a high Density Residential(35 dulacre). North: Medium densi residential consisting of the Seaside townhome tract Y5 du/acre). East: Vacant,boat yard, and high density residential (45 dulacre) to the northeast(the"Breakers"). It is therefore clear that the site is in the midst of high intensity land uses ct0 NeA=r Ce"-er�'rrve.Sore V40 =cK?cEC tie,corr Be:c^. Cc2crr:,a 92t_18-8680 Atip"me"T 10 The Waterfront Minority Report of the Planning Commission July 26, 1988, Page 2 and not conducive to lower density or single family use as suggested in the minority report. b. Existing Townhomes to the North ( Seaside) Buffered by The Waterfront Residential: The Waterfront residential forms an important buffer between the commercial portion of The Waterfront and the medium density housingg existing to the north. Buffering high intensity commercial use with high density residential, transcending to medium density and then to single family is common land planning approach that is also applied in the downtown Main Street area. C. Existing ToKnhomes to the North (Seaside) Protected by an Adjacent Height Limit: Paragraph 4.10.09 of the Downtown Specific Plan Waits the height of The Waterfront residential development to 35' within 100' of the existing townhomes to the north, thereby mitigating the impact of the high density land use on the existing medium density land use of the Seaside development. d. Existing ToKnhomes to the North ( Seaside) are Functionally isolated from The Waterfront: Due to the distance and low elevation of the land, ocean views do not exist for the Seaside development and so it has been oriented inward %ith an internal water amenity. Further, Seaside's primary access and traffic flows are off Atlanta Avenue. Walnut Avenue will be extended to Beach Boulevard providing The Waterfront with all its access on a new and separate street isolated from Seaside. e. Comparisons to Pacific Ranch, To%n Square and Seabridge are Misleading: It is our opinion that comparison to the Pacific Ranch and Town Square developments arc misteading because they are not located in the vicinity of The Waterfront and are subject to other surrounding land use concerns. Also, the Scabridge project data shown in the minority report is actually the combined average of two separate project types, the Lakes project with its entry on Adams Avenue and the Seabedge project facing Beach Boulevard. The Seabridge project located on Beach Boulevard is in fact approximately i 36 units per net acre. A revised table in the manner shown n the minority report would be as follows: TQt,1LUnits Waterfront (Plan) 35�d a 2�.5 0 ac 875 du Breakers 45 dulac 7.5 ac 344 du Scabridge(Beach Blvd.) 36 dulac 9.5 ac 344 du Seaside(Atlanta/Beach) 15 dulac 35.0 ac 525 du The Waterfront Minority Report of the Planning Commission July 26, 1988, Page 3 f. The Density Allotted Per the Downto%u Specific Plan has Been in Effect for Five Years: This High Density designation which has been approved by the Coastal Commission is the result of extensive deliberations and public earings. The designation is consistent with the City's General Plan, Coastal Element and Housing Element as well as the Southern California Association of Government's growth forecasts. Further, it has been a central issue in the land planning and economic negotiations between the City's staff and The Robert Mayer Corporation leading to the proposed project. g. The Allotted Density Supports Revitalization of Main Street: As stated in paragraph 3.2.4 of the Downtown Specific Plan regarding the High Density designation on District #8, "New Residential Development adjacent to the Downtown Commercial core will provide the proposed commercial uses with the populations base necessary to create viable services." A decrease in density simply reduces the opportunity for a successful revitalization of Main Street. h. The Allotted Density Supports the Retail Plaza Planned for The Waterfront: The retail plaza planned for The Waterfront's commercial portion is an important component in the destination resort concept. However, a vibrant retail plaza wilt depend on both hotel visitors and the adjacent residential as a customer base. A decrease in the density will sun ly decrease the opportunity for a successful retail plaza, which in turn wilfaffect the hotels at The Waterfront. L ne Allotted Density NUdmizes View Opportunities and Access to Recreational Amenities: As encouraged by state coastal policy, the high density provides an increased access to coastal recreation. Further, the emmerdal site plan has been designed to provide view opportunities from the upper floors of the residential assuming a high density land plan. J. All EnAronmental Impacts Associated %ith The Project Have Been Analyzed and Mitigated: The Commission acted unanimously to approve what may be the most extensive environmental review of a project to Huntington Beach. Some SO mitigating conditions are included in the environmental documentation to reduce nearly all environmental impacts to a level of non-significance. It should also be noted that several reduced-density scenarios were studied as alternatives in the Supplemental Environmental Impact Report and it was concluded that la sQ.gail cant rn Egnmeatal improveme LIMUld roult f1m the lowering of the residential density. The Waterfront Minority Report of the Planning Commission July 26, 19K Page 4 L Traffic Impacts have been Analyzed Extensively and Levels of Senice on Surrounding Streets and Intersections will Operate at Acceptable Levels: Extremely conservative assumptions were used in the City's traffic study: Traffic Study Assumption &AmIaLC4nditign Full build-out of the downtown The Council significantly down. area pursuant to the 1987 Down- zoned portions of the core area to town Specific Plan, including Pier- the"village concept". side Village. One way traffic on Main Street. Main Street has been returned to two-way traffic, reducing flows on Lake Street. 1,600 hotel rooms. 1,450 hotel rooms were approved. Traffic generation rate of 10.5 Traffic generation rate of 6.0 tripslroomlday, a rate applicable trips/room-'day, a rate proven by to airport-type hotels & motels. past studies of resort hotels, a 43 to reduction. Together with the re- duction in the total number of rooms, the actual condition is neady i2ns-h-alf the int=nr assumed! 99,000 square feet of retail 75,000 square feet of retail shop- shopping. ping was approved, a 24 is reduction. 894 residential units. 875 residential units were approved. Traffic generation rates for a ten- A tennis and health center with 9 nis and health center with 16 courts and a 25,000 s.f. clubhouse tennis courts and a 40,000 s.f. facility was approved. clubhouse facility. An extremely conservative, worst- A condition of approval was added case, comprehensive traffic analy- by the Planning Commission re- sis sufficient for the build-out of ciuiring supplemental traffic analy- the entire Waterfront project. sis as each phase of the project is presented for Conditional Use Permit approval. Ena vith ylconscmfivc. worst-case. traf "Judy t' v d i=15cctigD5 ixill contillue to Qoerate al pgcC2table lcvel�_gLnrvia. Further, an analysis of summer peak traffic conditions determined that even in summer acceptable levels are experienced during the peak A.M.and peak P.M.weekday hours. t The Waterfront Minority Report of the Planning Commission July 26, 19K Page 5 2. PARIQ�VLQ The subject of parking is a complex issue and during the Commission's deliberations there were several issues and concepts discussed requiring clarification. a. Adding the Parking Requirements of the Separate Uses In a Hotel Is Misleading: The City's parking ordinance currently provides a parking requirement of 1.1 space per hotel room which is already an accumulation of the various uses within a normal hotel such as restaurants, meeting rooms and ballrooms. (Typically, first-class guest rooms by themselves need about 0.4 spaces per room, and the demand of the other uses are then factored in to add up to 1.1 total spaces per room.) However,when studying certain mixed- use projects, the Commission has previously analyzed the parking demand of each use in such projects separately. Therefore, staff also provided statistics as if each sub-use in the hotel (guest rooms, restaurants, lounges, meeting rooms, ballroom) was a separate function unrelated to the others, resulting in an unusually high theoretical parking requirement. In actual practice, and surely as You have experienced in your oven travels, many people attending mcetin;s are also guests of the hotel and will also dine at the restaurant and enjoy cocktails at the lounge,etc., all the while using only one parking space (assuming they arrived by car, note that many of the guests at first class hotels are in travel groups using buses). As a result, the total peak demand for hotels of the type planned for The Waterfront reaches 1.1 spaces per room (equal to the existing code), and that occurs at 8:00 p.m. to 10:00 p.m., when rooms, restaurants and ballrooms are in full use. The project as designed provides 1.1 total parking spaces per room. b. The Waterfront Meets All Codes and the Tabulation Attached to the Minority Report Reflects a Larger Project than that Approved: The minority report of the Commission attached a page of a staff report that appeared to indicate that the project was under-parked. Actually. that tabulation calculated the number of spaces that would be required of a larger scale project but did not show the actual requirement of The Waterfront as approved. Project Described in Tabulation Actual Prgiact Apprgv!:d 1,600 hotel rooms 1,450 rooms 40,000 s.f. tennis& health center 25,000 s.f.tennis& health center 99,000 s.f.retail shopping plaza 75,000 s.f. retail shopping plaza Parking Required: 2,455 spaces Parking Required:2.095 spaces Parking Provided:2,190 spaces Parking Provided: 2,190 spaces As can be seen,, . t The Waterfront Minority Report of the Planning Commission July 26, 1988, Page 6 C. Additional,Extensive Studies Were Provided: At the request of the Commission, an extensive analysis of hotel parking needs was provided by the City's consultants who prepared the SEIR. Their report covering other resort projects in California and elsewhere, as well as particular local properties suggested by the Commission, focused on what is actually approved by other cities for similar projects and what is actually expcnericed in operations. That study concluded that a parking rate of 1.1 spaces per hotel room (inclusive of meeting space, restaurants and lounges included in the hotel) is sufficient. This is exactly what the City's existing code requires for hotels. d. Back-Up Parking Can be Provided: With regard to the Phase 1 Hilton hotel,The Robert Mayer Corporation has agreed to a parking survey during actual operations and to provide additional parking (on-site surface as an interim and in Phase 2 permanently if the need was shown by the survey. This commitment %as incorporated as a condition of approval of the project. t. Reciprocal Parking In Future Phases is an Additional Advantage: A positive feature not often discussed in the study of The Waterfront's commercial master plan is the fact that because this is an integrated, master- planned project, all the parking of each phase of the project is closely interrelated with several physical inter-conncctions and reciprocal arrangements will be maintained. In actual operation, all hotels, retail and recreational uses will not often experience peak conditions at the same day or time. As a result, if unusual excess demand is experienced with a special event at one facility,valet parking staff will typically have the opportunity to solve the roblem with the under-utilized parking available at a neighboring facility. his is_a�a.�au ,��vantag��f tasler•,pLa�ne�d�nrgiect_tt?a1 tinma .hotel devclopents_donQLent4v. f. important land Planning Considerations: Lastly, three very important land-planning issues should be understood by the Council when considering parking at The Waterfront: 1. No street r .n itted. Pursuant to a condition of approval of the project, no parking is allowed on Walnut Avenue; further, the future residential units will be within a private community with its own off-street parking. Therefore,all parking will be effectively self- contained. 2. yond—what is planned [QE lb!: would result in a severe v - t c -- destroying the beauty of the open space provided by The Waterfront utilizing underground parking. 3. Building exress.parking_is economically unfeasible. The significant The Waterfront ` Minority Report of the Planning Commission July 26, 19K Page 7 excess cost would force a reduction of public areas such as meeting space and restaurants, as well as fewer public recreational amenities and less site landscaping. In conclusion, the parking planned for The Waterfront meets or exceeds the City's parking ordinances and it is the opinion of both The Robcrt Mayer Corporation and the City's own consultants that the parking planned is fully sufficient. 3. At the Planning Commission hearing there was discussion regarding the FAR of the Phase 4 All-Suite hotel and it was suggested that this phase is "out-of-character" with the rest of the project. However, The Waterfront's phases are not a series of isolated, unrelated projects--instead they are integrated together to work as a whole, as required by the Dowmto%%m Specific Plan. a. Definition of FAR The floor area ratio as used in the Downtown Specific Plan is the useable floor area (excluding parking) divided by the land area (gross acres not exceeding 157c above the net acres). As an example, if you have a 100,0W sq. ft. building on a 50,000 gross sq. ft. lot, you have an FAR of 2.0. FAR is an indicator of land use intensity but is a rough planning tool at best, since it is so general in nature and is misleading when comparing projects with above grade and below grade parking. The FAR allowed in District #9 is 3.5 and the approved Commercial Master Plan for The Waterfront provides an FAR of 1.4 (including the Phase 4 All-Suite Hotel), less than one-half the allowed FAR. b. Concept of The Waterfront as a Master-Planned, Integrated Development As required by the Downtown Specific Plan, a comprehensive master plan for the commercial portion of The Waterfront has been provided. Pursuant to this Icauirement. the site statistics are calculated on an aggrcgate J2asis. Most importantly, the overall master plan has been created as an interrelated, inte.&rated development, not as isolated phases. There will be no fences separating the phases and the public will be encouraged to move throughout the project via the Pacific Promenade Park, a linear park with a botanical theme running the length of Pacific Coast Highway. If individual phases were subject to individual restrictions, the.purpose of a master plan would be defeated and a large scale recreational amenity would be impossible. C. Phasing is for Descriptive Purposes Only and Phase-Specific FAR Calculations are Arbitrary: Phasing is provided primarily for informational purposes, and to help describe the progression of construction. The msnonty report's concern over . • The Waterfront Minority Report of the Planning Commission July 26, 1988, Page 8 FAR focuses upon the base-specific data without considering the total context of each phase within the larger, total development. Particularly with Phase #4, the geographic phase boundary was conveniently drawn surrounding the tower, resulting in a small land area and a high FAR. However, the phase boundary could just as easily have been drawn to encompass more of the driveways and walkaways between it and the next Phase #5 and the FAR would therefore drop dramatically. Clcarly, the FAR is not a valid indicator when applied on an isolated phase in an integrated, master-planned development. d. Phase 4 is in Character with The Waterfront: The Phase 4 All-Suite Hotel is consistent in height, bulk, and architectural style with the other hotels in the project. It is an integral component of the * eet and is appropriately sized for reasonable operating efficiency and the antic�pated market demand. It is compatible with both the adjacent phases and the project as a whole. e. Comparisons to Huntington Center and Charter Center are Misleading: The minority report shows comparisons to Huntington Center and Charter Center,projects which utilize extensive surface and above grade parking. As a result, the projects contain little in the way of landscaped or public recreational facilities, but utilize a large amount of land area resulting in Iow FAR numbers. At The Waterfront most parking is underneath the buildin&s and therefore less land is required for surface parking and more land is available for landscaped open space and recreational amenities (55%). By using underground parking, The Waterfront is simply more land-efficient and provides a dramatically higher amount of high-quality landscaped public open space and recreational facilities than either Charter Centre or Huntington Center. E Cumulative FAR is a Better Description of Phased Development: When considering the individual phases of The Waterfront, the meaningful way to consider the FAR is to look at what the guMu ative FAR is as each i phase s added to the total development. As can be seen, considering Phase 4 in combination with the preceding Phascs 1 through 3 gives an entirely different picture. Cumulative Phi FAR 1 1.4 1.2 0.8 1-2-3 1.2 1-2-34 1.6 12-3-4-5 1.3 1-2-3-4-5-6 1.4 The Waterfront Minority Report of the Planning Commission July 26, 1998, Page 9 g. All Environmental Impacts Assoclated'with Tile Project Have Been Analyzed and Mitigated: As stated previously, the environmental impact of the project has been _ k scrutinized in exceptional detail, and nearly all environmental impacts will be mitigated to a level of non-significance. It was also concluded in the Supplemental Environmental Impact Report that no significant S ` environmental improvement would occur from a lowering of intensity. Further, traffic was analyzed under extremely conservative, worst-case scenarios and acceptable levels of service of surrounding streets was still maintained. Given these facts, it is our opinion that the concern over the FAR in Phase #4 is unwarranted. 4. EXISTING CONDITIONS OF APPROVAL Many of the concerns and recommendations of the minority report are already project requirements appurtenant to the Downtown Specific Plan (D.S.P.}, the Supplemental Environmental Impact Report (SEIR 82-2) or the Phase 1 Conditional Use Permit (Phase I CUP), as follows- Mingrity Report Cgneern Existing RggUir=ent!&g ditions Residential Density, A Master Conceptual Site Plan for the residential development shall be approved by the Planning Commission. (D.S.P.4.10.02) The residential development shall be subject to a Conditional Use Permit to be approvcd by the Planning Commission (D.S.P.4.10.01) Maximum building height of 50 ft. (D.S.P.4.10.04) Maximum building height of 35 ft. within 100 ft. from the existing Sea- side townhome development to the north.(D.S.P.4.10.09) Maximum site coverage of 50% (D.S.P.4.10.05) Minimum front, side, and rear yard setbacks of 20 ft.(D.S.P.4.10.06,7& 8) Prior to the approval of each phase, the Planning Commission shall de- termine the need to conduct a traffic study. (SEIR 82-2, #24) • .• The Waterfront Minority Report of the Planning Commission July 26, 1988, Page 10 inoiilyReport Concern Existing Rc�uicrmcnts/Qonditigns Each phase meet its own parking it is the intent of the developer that demand. each phase meet its own parking demand. Each phase shall be subject to a Con- ditional Use Permit to be approved by the Planningg Commission. (D.S.P. 4.10.01 & 4.11.01) Prior to approval of each phase, the Planning Commission shall determine the need to conduct a parking study. (SEIR 82-2 #25) Any parking deficiency which may A parking survey of actual operations occur in Phase 1 must be remedied of Phase 1 shall be conducted. Any by expanding the number of deficiency shall be remedied by spaces in Phase 2 and not be al- adding additional parking to Phase 2 lowed to be made up in any subsc- with a physical connection between quent phase. Phase 1 and 2 providing reciprocal access. (Phase 1 CUP #12). Tandem parking. The parking survey to be conducted for the Phase 1 Hotel shall include an analysis of the self and valet parking system (the valet operation uses the tandem spaces). (Phase 1 CUP #12). FAR for Phase 4. The floor area ratio shall apply to the entire project area. (D.S.P. 4.11.03) Each phase shall be subject to a Con- ditional Use Permit to be approved by the Planningg Commission. (D.S.P. 4.10.01 &4.11.01) Prior to the approval of each phase, the Planning Commission shall de- termine the need to conduct a traffic study.(SEIR 82-2, #24) The Waterfront Minority Report of the Planning Commission July 26, 1988, Page 1 i 5. �QhCI�L1SI4N In conclusion, it is our opinion that there are no deficiencies in The Waterfront development agreement or master plan which detract from its benefit to the community. Based on the foregoing discussion, it is our opinion that the concerns expressed in the minority report have already been provided for in the comprehensive Supplemental Environmental Impact Report and the project's conditions of approval. Therefore, The Robert Mayer Corporation respectfully requests that no action be taken by the City Council with regard to the minority report. Sincerely, The Robert Mayer Corporation cc: Mr. Paul Cook Mr.Douglas M. LaBelle Mr.Michael Adams REQUEST FOR CITY COUNCIL ACTION Date 1tu�u s t 15. I Q 88 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Douglas La Belle, Director of Community Developm Subject: DEVELOPMENT AGREEMENT AND COMMERCIAL MASTER SITE-- THE WATERFRONT Consistent with Council Policy? $4 Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE• Transmitted for your consideration is the Development Agreement between the City of Huntington Beach and RLM Properties, Ltd./Huntington Beach Redevelopment Agency, for the Master Conceptual Plan on the Waterfront project. RECOMMENDATION• Planning Commission Recommendation and Action of June 22, 1988 : ON MOTION BY SLATES AND SECOND BY SILVA, THE PLANNING COMMISSION APPROVED THE DEVELOPMENT AGREEMENT AND COMMERCIAL MASTER SITE PLAN BY ADOPTING RESOLUTION NO. 1400 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Livengood, Leipzig, Ortega, Higgins ORTEGA: None ABSENT: Kirkland ABSTAIN: None FINDINGS OF APPROVAL: 1. The Development Agreement and Commercial Master Site Plan are consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. 2 . The Development Agreement and Commercial Master Site Plan are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the property is located. 3 . The Development Agreement and Commercial Master Site Plan are in conformity with public convenience, general welfare and good land use practice. G Plo 5/85 r 4 . The Development Agreement and Commercial Master Site Plan will not be detrimental to the health, safety, and general welfare. 5. The Development Agreement and Commercial Master Site Plan will not adversely affect the orderly development of property values. SONDIIJONS OF APPROVAL: 1. All conditions of the Certified Supplemental EIR 82-2 adopted by the Planning Commission on June 8, 1988 in Resolution 1397, shall be incorporated in the Development Agreement. 2. The Commercial Master Site Plan shall be amended as follows: a. Charts and figures shall be amended to show: . Phase 2 to be a maximum of 2 stories, and 25,000 square feet . Phase 3 to be a maximum of 500 rooms, 15 stories and 340,000 square feet . Phase 5 to be a maximum of 75,000 square feet • Phase 6 to be a maximum of 400 rooms, 9 stories, and 440,000 square feet 3. The Development Agreement shall be amended as follows: a. Section D. (2)a. (1) (e) on page 15 - Phase 5; Separate VCyg1gyment Rprgel No. 5 - shall read " . . .with approximately 75,000 square feet of improvements." 4 . A Mobilehome Acquisition and Relocation Agreement must be approved by the City Council and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachclub Mobile Homeowners Association, Inc. In the event that the above parties are unable to finalize such a written agreement, The Waterfront project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to The waterfront project. The Association and its members shall be entitled to participate fully at the rehearings without prejudice. PlanningStgff Recommendation: Staff recommends that the City Council approve the Development Agreement and Commercial Master Site Plan with the conditions of approval as presented. RCA - 8/15/88 -2- (1041d) • J ANALYSIS: Applicant: RLM Properties & City of Huntington Beach Redevelopment Agency The project site is located within the Downtown Specific Plan area and is bounded by Pacific Coast Highway on the South, Beach Boulevard on the east, Huntington Street on the west, and the Downtown Specific Plan boundary on the north. The proposed commercial/recreation portion of the Master Conceptual Plan is within District 9 (Mixed Use - Commercial/Recreation) which permits sports and recreation facilities, hotels or motels, and supporting restaurants and shops. The residential portion of the Master Plan is located in District 8b (High Density Residential) , which permits permanently attached residential units at a maximum density of 35 units per gross acre. In both Districts, the goal is to encourage large, coordinated development that provides beach-oriented amenities to the general public and local residents. Master Plan The Master Conceptual Plan and Development Agreement propose an overall development plan for Districts 8b and 9, as required by the Downtown Specific Plan. Six commercial phases and three residential phases are proposed. The commercial phases are generally described as follows. Phase 1 is a 296 room first class resort hotel located on approximately 3 .58 net acres, and will include a restaurant, an entertainment lounge, meeting and ballroom facilities, and various guest services. Phase 2 is a tennis and recreation center located on approximately 3 .48 net acres. This will feature tennis courts, a health club, pro shop, exercise, weight-lifting and fitness center which will be available to hotel guests and the public. Phase 3 will consist of a maximum 500 room first class conference hotel on approximately 2.9 acres which will contain restaurants, conference rooms, and meeting facilities. Phase 4 will be a maximum 250 room all suite hotel on approximately 1.2 acres. Phase 5 will consist of a maximum 75,000 square foot retail-commercial center on approximately 3.81 acres which will contain restaurants, specialty retail shopping facilities and outdoor plaza areas. Phase 6 will be a maximum 400 room luxury resort hotel on approximately 5.04 acres including restaurants, lounges, and guest services. The residential portion of the Master Conceptual Plan is included for informational purposes only, and does not represent the proposed layout or design. As with the commercial phases, each of the three residential phases will be subject to a separate conditional use permit. A total of 875 units are proposed to be constructed. At this time, only the Commercial Master Site Plan is presented for approval. The Development Agreement states that the developer is required to obtain Planning Commission approval of a Conceptual Site Plan for the residential portion prior to approval of any conditional use permit for residential development. RCA - 8/15/88 -3- (1041d) r The Master Plan has been amended to reflect the Planning Commission's action, as outlined in Condition of Approval No. 2, above. A minority report of the Planning Commission was submitted to the City Council on June 27, 1988, expressing concerns as to residential density, parking, and floor area ratio. A copy of the minority report is attached to this transmittal, along with a staff response and a letter from the Robert Mayer Corporation. De—yelopment _Agreement The purpose of a Development Agreement is to provide assurance to an applicant that he 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 Development Agreements pursuant to City Council Resolution No. 5390, which was adopted in 1984 under the authority of Government Code Sections 65864-65869.5. The Development agreement specifies the permitted uses, the density and intensity of uses, the maximum bulk, height, and size of commercial buildings, 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 Development 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 by this Master Plan. However, the proposed number of residential units, their phasing, and timing of construction are set forth in the Development Agreement. A residential Master Site Plan will need to be approved by the Planning Commission prior to residential development. In return for allowing the developer to proceed with the project subject to existing policies and regulations, the developer is obligated to provide improvements as outlined by the Development Agreement. In addition to the proposed buildings, these include the provision of all landscaping, open space, driveways, and other on-site improvements, the installation of Walnut Avenue and the "Spur" Street, including landscaped medians, traffic signalization, curbs, gutters, sidewalks, street lights, bus benches, storm drains, utilities, parkway landscaping, and other right-of-way improvements. Additional improvements to be provided include at least one pedestrian overpass to the beach, extension of water and other utility lines to the site, street widening around the perimeter of the site, and re-abandonment of existing abandoned oil wells on-site. Additionally, the developer will maintain the landscaping and sidewalks behind the curb. RCA - 8/15/88 -4- (1041d) The Development Agreement provides that no moratoriums or other ordinances, regulations, rules, or policies that limit or condition the rate, timing, or sequence of development shall apply to the project. This includes regulations that limit development based on Levels of Service for roadways, capacities of roads, drainage or sewer facilities, or provision of emergency services. This restriction would not apply, however, to new ordinances or regulations required for public health or safety purposes, or mandated by changes in Federal or State laws. The Agreement provides for an annual review by the City in order to determine whether the developer is proceeding in good faith. These procedures are set forth in the Agreement and in City Council Resolution 5390. The terms of the Agreement may be amended from time to time by mutual consent of the City and Developer. ENVIRONMENTAL STATUS: The Development Agreement and Master Conceptual Plan are covered by Supplemental Environmental Impact Report No. 82-2, which was approved by the Planning Commission on June 8, 1988. Prior to action on the Development Agreement, Final SEIR 82-2 must be adopted and certified as adequate. BMINQ SOURCE: Not applicable. AT,TERNATIVE ACTION: The City Council may: 1. Deny the Development Agreement and Master Commercial Site Plan with findings; 2. Approve the Master Commercial Site Plan with findings and conditions, and deny the Development Agreement. ATTACHMENTS: 1. Zoning Consistency Matrix for each phase dated June 15, 1988 2. Area map 3. Planning Commission staff report dated June 22, 1988 4 . The Waterfront Master Conceptual Plan dated June 22, 1988 5. Development Agreement dated July 25, 1988 6. Planning Commission Resolution No. 1400 adopting the Master Conceptual Plan and Development Agreement 7. SEIR 82-2 Mitigating Measures B. Minority Report from Planning Commission dated June 27, 1988 9 . Staff Response to Planning Commission Minority Report 10. Letter from the Robert Mayer Corporation dated July 26, 1988 in response to Planning Commission Minority Report Oh MA:SH:LP:gbm RCA - 8/15/88 -5- (1041d) ZONING CONSISTENCY MATRIX Section/Issue Phase I Phase 2 Phase 3 Phase 4 Phase 5 Phase 6 Total Req. Prov. Req. Prov. Req. Prov. Req. Prov. Req. Prov. Req. Prov. Req. Prov. 4.11.02 Min. Parcel Sire NA1 3.58 ac NA 3.48 ac NA 2.9 ac NA 1.22 ac NA 3.81 ac NA 5.04 ac No Min. 20.03 ac 4.11.03 Max. density/intensity NA 1.42 NA 0.23 NA 3.31 NA 4.1 NA 0.51 NA 2.36 3.5 1.4 by Floor Area Ratio2 E Building Area 56.000 sf 25,000 sf 340.000 250,600 75,000 440,000 1,386,600 No. of Rooms 296 500 250 400 4.11.04 Max. building height NA 13 story NA 2 story NA 15 story NA 15 story NA 3 story NA 9 story NA various 4.11.05 Max. Site Covp�rage for buildings - Master Plan NA 41.9% NA 13.1% NA 50% NA 45.1% NA 24.1% NA 42.5% 35% 35% - Existing Code NA 52.2% NA 58% NA 63% NA 58.2% NA 38.6% NA 55% 35% 55.6% Max. site coverage for NA 14% NA 1.1% NA 4.1% NA 13.9% NA 33.9% NA 5.8% 25% 12% parking & accessways4 4.11.06 Front Yard Setback 50 ft. 50 ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11.07 Side Yard Setback 20 ft. 20 ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11.08 Rear Yard Setback 20 ft. 20 ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.11.10 Min. Open Spaces NA 35.7% NA 98.9% NA 42.7% NA 23% NA 38.1% NA 44.9% 25% 49.4% Max. Enclosed 9% 15% 9% Open Space (Max.) 960 Parkin96 330 330 125 200 550 550 275 275 375 400 440 440 2095 2195 Endnotel 1 NA means there are no minimum or maximum standards, by phase or for the District, as noted. ` 2 Maximum FAR for the entire district is 3.5. Although some phases may individually exceed 3.5. the project FAR is 1.7. ` 3 h The Maximum Site Coverage for buildings over the entire district is 35%. A discussion of the Master Plan use of site coverage vs. existing code interpretation of site coverage is contained in the body of the Planning Comission staff report dated June 22, 1988. 4 The Maximum Site Coverage for parking and accessways for the entire district is 25%. 5 The minimum open space area for the entire district is 25% of the site area. A maximum of 15% of the open space area may be enclosed. 6 "Required" parking figures are calculated on the basis of 1.1 spaces per room for hotels, and 1 space per 200 square feet for retail and health club uses. The figures do not account for potential joint use of parking, which would reduce the overall number of spaces required. (0795d-6/15/E3) P ,� +fit , r !�''w; /- � t t ��r •+ r iultim oi t I,1-11 L Lu 77 W I il- � � 1 � • �rr•r 11. ''7. IN 5 Ilws•• •, ;x;; ;,e:•.�+err;.::.r.,.:';...n�trr';.::,,:: s 16 •'='�r�'r,i'�:-;'•'';:; :�.:,;r' EARN TANK DEVELOPMENT AWOREE EHT/ MMTIEft fLA01 AREA MIN,RHGIUN/kMN HUNTINGTON BEACH PLANNING DIVISION huntington beach department of community development STAFF -- -REPORT � TO: Planning Commission FROM: Community Development DATE: June 22, 1988 SUBJECT: DEVELOPMENT AGREEMENT AND MASTER CONCEPTUAL PLAN THE WATERFRONT APPLICANT/ RLM Properties, Ltd. & ZONE: Downtown Specific OWNER: City of Huntington Beach Plan Dist. 9 (Commercial Redevelopment Agency Recreation) and District 8b (High-Density Residential) REQUEST: Development Agreement between City of Huntington GENERAL PLAN: Commercial/ Beach and RLM Properties, Support Recreation, High Ltd./Redevelopment Agency, Density Residential for Master Conceptual Plan on Downtown Specific Plan EXISTINCLjL: Huntington Districts 8b and 9 -- Beach Inn, Driftwood The Waterfront Mobilehome Park. LOCATION: Bounded by Pacific Coast ACREAGE: 43.8 net acres Highway on the south, Beach Blvd. on the east, Huntington St. on the west, & the Downtown Specific Plan boundary on the north. 1.0 SUGGE, TED ACTIQN: Approve the Development Agreement and Commercial Master Site Plan by adopting Resolution No. 1400 with findings and conditions of approval. 2 .0 GENERAL INFORMATION: The Master Conceptual Plan and Development Agreement propose an overall development plan for Districts 8b and 9, as required by the Downtown Specific Plan. Six commercial phases and three residential phases are proposed. The purpose of District 9 is to promote large, coordinated commercial development that is beach-oriented, and open to the public. This portion of the project is bounded by Pacific Coast Highway on the south, Beach Boulevard on the east, the Walnut Street extension .on the north, and Huntington Street on the west; it A-F w,zsc 1 F.4nkwwr is divided into six phases, each of which will be subject to a conditional use permit. The phases consist of four hotels, one recreation center, and one retail commercial complex, which will be developed from west to east along Pacific Coast Highway, from Huntington Street to Beach Boulevard. District 8b allows for high density residential development. A total of three residential phases are proposed, with a planned total of 875 units. The associated Development Agreement establishes the rights and obligations of the City and the Developer. 3.0 SURROUNDING LAND USE, ZQNING AND GENERAL PLAN 12EEIGNATIONS: North of Subject Property: GENERAL PLAIT 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 PLAIT DESIGNATION: Visitor Serving Commercial, Open Space Conservation ZONE: RA-0 (Residential Agriculture-Oil) and R4-28 (High Density Residential) LAND USE: Vacant, Apartments SgMth of Subject Property: GENERAL PLAN DESIGNATION: Open Space Recreation ZONE: Downtown Specific Plan District 11 (Beach Open Space) LAND USE: Beach liest. gf Subject Property: 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: 4 .0 ENVIRONMENTAL STATUS: The Development Agreement and Master Conceptual Plan are covered by Supplemental Environmental Impact Report No. 82-2, which was approved by the Planning Commission on June 8, 1988. Staff Report - 6/22/88 -2- (0585d) 5. 0 COMIAL S, TUS: 1 Each phase of the proposed Master Conceptual Plan for the Waterfront project 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 by making the following findings: a. Land U= Plan. That the development project proposed by the Coastal. Development Program application conforms with the plans, policies, requirements and standards of the Coastal Element. b. Zoning Requirements. That the Coastal Development Program application is consistent with the CZ suffix, the base specific plan district, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. C. Adequate Services. That at the time of occupancy, the proposed development can be provided with infrastructure in a manner consistent with the Certified Land Use Plan. d. California Coastal -Act. That the development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act, 6 .0 REDEVELOP NT STATUE,.- The subject site is within the Main-Pier Redevelopment Project area, and the City of Huntington Beach Redevelopment Agency is the co-applicant on the project. 7. 0 ISSUES AND ANALYSIS: The project site is located within the Downtown Specific Plan area. The proposed commercial/recreation portion of the Master Conceptual Plan is within District 9 (Mixed Use - Commercial/Recreation) which permits sports and recreation facilities, hotels or motels, and supporting restaurants and shops. The residential portion of the Master Plan is located in District 8b (High Density Residential) , which permits permanently attached residential units at a maximum density of 35 units per gross acre. In both Districts, the goal is to encourage large, coordinated development that provides beach-oriented amenities to the general public and local residents. Master Plan The Master Conceptual Plan and Development Agreement propose an overall development plan for Districts 8b and 9, as required by the Downtown Specific Plan. Six commercial phases and three residential phases are proposed. The commercial phases are generally described Staff Report - 6/22/88 -3- (0585d) as follows. Phase 1 is a 296 room first class resort hotel located on approximately 3 .58 net acres, and will include a restaurant, an entertainment lounge, meeting and ballroom facilities, and various guest services. Details of the Phase 1 project will be provided in the staff report for Conditional Use Permit No. 87-19 . Phase 2 is a tennis and recreation center located on approximately 3.48 net acres. This will feature tennis courts, a health club, pro shop, exercise, weight-lifting and fitness center which will be available to hotel guests and the public. Phase 3 will consist of a planned maximum 500 room first class conference hotel on approximately 2.9 acres which will contain restaurants, conference rooms, and meeting facilities. Phase 4 will be a planned maximum 250 room all suite hotel on approximately 1.2 acres. Phase 5 will consist of a planned maximum 75,000 square foot retail-commercial center on approximately 3 .81 acres which will contain restaurants, specialty retail shopping facilities and outdoor plaza areas. Phase 6 will be a planned maximum 400 room luxury resort hotel on approximately 5.04 acres including restaurants, lounges, and guest services. The residential portion of the Master Conceptual Plan is included for informational purposes only, and does not represent the proposed layout or design. As with the commercial phases, each of the three residential phases will be subject to a separate conditional use permit. A total of 875 units are proposed to be constructed. At this time, only the Commercial Master Site Plan is presented for approval. The Development Agreement states that the developer is required to obtain Planning Commission approval of a Conceptual Site Plan for the residential portion prior to approval of any conditional use permit for residential development. Development Agreement The purpose of a Development Agreement is to provide assurance to an applicant that he 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 Development Agreements pursuant to City Council Resolution No. 5390, which was adopted in 1984 under the authority of Government Code Sections 65864-65869.5. The Development agreement specifies the permitted uses, the density and intensity of uses, the maximum bulk, height, and size of commercial buildings, 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 Development 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 by this Master Plan. However, the proposed number of residential units, their phasing, and timing of construction are set forth in the Development Agreement. A residential Master Site Plan will need to be approved by the Planning Commission prior to residential development. Staff Report - 6/22/88 -4- (0585d) • In return for allowing the developer to proceed with the project subject to existing policies and regulations, the developer is obligated to provide improvements as outlined by the Development Agreement. In addition to the proposed buildings, these include the provision of all landscaping, open space, driveways, and other on-site improvements, the installation of Walnut Avenue and the "Spur" Street, including landscaped medians, traffic signalization, curbs, gutters, sidewalks, street lights, bus benches, storm drains, utilities, parkway landscaping, and other right-of-way improvements. Additional improvements to be provided include at least one pedestrian overpass to the beach, extension of water and other utility lines to the site, street widening around the perimeter of the site, and re-abandonment of existing abandoned oil wells on-site. Additionally, the developer will maintain the landscaping and sidewalks behind the curb. The Development Agreement provides that no moratoriums or other ordinances, regulations, rules, or policies that limit or condition the rate, timing, or sequence of development shall apply to the project. This includes regulations that limit development based on Levels of Service for roadways, capacities of roads, drainage, or sewer facilities, or provision of emergency services. This restriction would not apply, however, to new ordinances or regulations required for public health or safety purposes, or mandated by changes in Federal or State laws . The Agreement provides for an annual review by the City in order to determine whether the developer is proceeding in good faith. These procedures are set forth in the Agreement and in City Council Resolution 5390. The terms of the Agreement may be amended from time to time by mutual consent of the City and Developer. Issues 1. Parking The Development Agreement states that parking for the project shall be required pursuant to applicable provisions of the Huntington Beach Ordinance Code. This includes a ratio of 1.1 spaces per guest room for the Phase I hotel, and is intended to include guest rooms, lounges, meeting rooms, ballrooms, and guest-related retail. If the City determines that parking for Phase 1 is not adequate, the Developer agrees to cure the deficiency by providing additional parking (above Code) in subsequent phases. Parking for the other hotel phases can also be handled in this manner. 2. Dancing and Live Entertainment The Ordinance Code currently requires that dancing and live entertainment uses are subject to Planning Commission review and approval to assure compatibility with nearby uses. The Development Agreement would permit such uses subject to the City's reasonable review of location, type of use, and other relevant factors. Staff Report - 6/22/88 -5- (0585d) 3. Floor Area Ratio At the May 24, 1988, Planning Commission Study Session, a question was raised regarding the definition of "Equivalent Floor Area Ratio" as used in the Draft Commercial Master Site Plan. The numbers presented were identical to those calculated using the Downtown Specific Plan's definition of "Floor Area Ratio" (building area divided by site area) , and therefore, references to Equivalent FAR have been changed to FAR. 4 . Site Coverage Another issue raised at the Planning Commission Study Session concerned site coverage as presented in the Draft Commercial Master Site Plan, particularly with regard to the Phase 2 tennis and recreation center. The applicant is requesting that the current interpretation of site coverage be modified in order to achieve underground parking entirely covered by bermed, landscaped areas. Presently, the Downtown Specific Plan defines "Height" as the vertical distance above the highest adjacent street level. Consequently, when calculating site coverage, staff has included any structures which project above the curbline as coverage. The developer 's proposal includes parking structures which project above the curbline, but are completely covered by buildings, landscaping, and other open space amenities. Thus, the developer is requesting that only the actual building area be counted as site coverage; all other underground parking areas that are covered by open and/or landscaped area would not be counted toward coverage. The statistics for Phase 2 have been revised to show the recreation center building as site coverage. The tennis courts, although constructed over the parking structure above the curbline, are shown as open space. As shown in the attached matrix, the site coverage calculation as currently interpreted by staff is 55 .6% of the site area. The site coverage calculation requested by the developer which includes only the actual building area is 35%. Staff supports the developers request for a revised calculation of site coverage because it allows for the major portion of the parking facilities to be placed out of public view rather than in above-ground parking structures, resulting in a more aesthetically pleasing project. 5. "Slow Growth, initiative At the May 24, 1988, Planning Commission Study Session, the Commission inquired about the potential impacts of the proposed Citizens' Sensible Growth and Traffic Control Initiative on the Master Plan project. At this time, it is difficult to predict with any accuracy the impacts of the initiative on development proposals, because a number of questions exist as to definitions, and the appropriate implementation of the requirements. As a starting point, however, a rough comparison can be made between post-project conditions and the mandated levels of service required by the initiative using Supplemental Environmental Impact Report (SEIR) No. 82-2. Staff Report -- 6/22/88 . -6- . (0585d) The initiative would require that fire, paramedic, and police services respond to emergency calls within 5 minutes 6S% of the time, and to non-emergency calls within 15 minutes 85% of the time. The Fire Department indicates that their response time is within these parameters for fire and paramedic services. The Police Department indicates that it can meet the emergency response times, but probably not those for non-emergency calls. It is not clear, however, whether the project would be impacted because the initiative specifies that "Adequate Service Levels" must be achieved for services on which the project will have an adverse impact. SEIR 82-2 identifies no adverse impacts from the project on police, fire, or paramedic services, and the initiative itself offers no definition of such adverse impact. The initiative states that roadway capacities must be maintained at the "Standard Level of Service" for impacted intersections and links . Although it is not clear which methodology should be used to calculate the Level of Service, or how far from the Site the analysis must extend, a comparison can be made using SEIR 82-2. The initiative mandates LOS C for links and LOS D for intersections. The SEIR analyzed peak hour traffic generation for the Waterfront project, and found that the intersections studied will operate at or above LOS D. These intersections are PCH/Huntington, PCH/Beach, PCH/Lake, PCH/Main/Sixth, Huntington/Walnut, and Beach/Walnut. Although links . are not commonly studied, (as in this case) , it can be surmised that links between intersections will operate at or above the LOS of the intersection, because levels at intersections are to some degree additive of the levels on roads contributing that intersection. Therefore, it appears that the project will probably comply with the initiative in this respect. with regard to flood control, the initiative requires that "Adequate Service Levels" be maintained for flood control improvements to which the development contributes an adverse impact. SEIR 82-2 indicates that, although the site is in a Flood Hazard Zone, compliance with FEMA and City regulations will mitigate any hazards. Additionally, since the project will occur on previously developed land, it is not anticipated that there will be significant quantities of additional run-off in the area. It appears that the project will comply with the initiative because there will be no adverse effects on flood control facilities. With regard to parks, the initiative would require that neighborhood and community parks meet State standards, which according to the City's Department of Community Services, do not exist. The initiative does not define "Adequate Service Level" for regional parks, however, SEIR 82-2 identifies no adverse park impacts from the proposal. Staff Report - 6/22/88 -0 (0585d) In summary, it is difficult to assess the potential impacts of the initiative until decisions are made regarding terminology and implementation. A preliminary analysis would indicate that the project would be feasible in the event of the initiative's passage. 8 .0 RECOMMENTAIIQN: Staff recommends that the Planning Commission approve the Development Agreement and Commercial Master Site Agreement Plan subject to the following findings and conditions of approval. FINDINGS OF APPROVAL 1. The Development Agreement and Commercial Master Site Plan are consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable Specific Plan. 2. The Development Agreement and Commercial Master Site Plan are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the property is located. 3 . The Development Agreement and Commercial Master Site Plan are in conformity with public convenience, general welfare and good land use practice. 4 . The Development Agreement and Commercial Master Site Plan will not be detrimental to the health, safety, and general welfare. 5. The Development Agreement and Commercial Master Site Plan will not adversely affect the orderly development of property values. CQNDITIONS OF APPROVAL 1. All conditions of the Certified Supplemental EIR 82-2 adopted by the Planning Commission on June 8, 1988 in Resolution 1397, shall be incorporated in the Development Agreement. 2 ,Q $LTERNATIVE ACTION: The Planning Commission may: 1. Deny the Development Agreement and Master Conceptual Plan with findings; 2. Approve the Master Conceptual Plan with findings and conditions and deny the Development Agreement; 3. Continue the Master Conceptual Plan and Development Agreement to a date uncertain and condition Conditional Use Permit No. 88-19 for the Phase 1 hotel so that prior to issuance of building permits for Phase 1, a Master Plan shall be approved by the Planning Commission. Staff -Report - 6/22/88 -8- _ (0585d) ATTACHMENTS: 1. Zoning Consistency Matrix for each phase 2. Area map 3 . Master Conceptual Plan 4 . Development Agreement 5. Planning Commission Resolution No. 1400 adopting the Master Conceptual Plan and Development Agreement 6. Planning Commission Resolution No. 1397 adopting SEIR 82-2 7. SEIR 82-2 Mitigating Measures MA:Sf[:LP:gbm Staff Report - 6/22/88 -9- (0585d) Approved 6/12/88 THENVATERFRONT, COMMERCIAL MASTER SITE PLAN Pursuant to Downtown Specific Plan Section 4.11.02 Approved 6122188 Page i of 12 N4 w ! - Mtn • �* —_ -��--.� L - hC1771' CTytt _- .. - 1 0%9 P"-- AD No eO-'+--+'--A�!!.� ��0�__._+�®lei„�A+,�=ill'[! _�•• �!--.—ir�Il_�3�,++.Dti_ _�._.�� 0 t PNAAt I Doug tt PmAAr Itl DfAAs sr P1Mr T PNAu rt ►IOAT CLAAA NOTtt ■EALTI APA co+rramcc ma"t ALL-AGIT9 MOTIt AIOPPINO PkIM LI=CDT NOTIL TINNISCOVOTi PAPIINC/TOOCTIOC THE WATERFRONT Approved fi/22/88: �-*��►1 ® Page 2 of 12 . Location: Phase Descriptlorrs: The Waterfront Is a master-planned mixed-use de- velopment encompassing approximately 44 sera phase 1: Ft st-C7asa riotel Phase 3: QGRTTM Hotel Phase S: Recall Shopping Pt=a located on the inland side of Pacific Coast Highway The first phase will consist of a first-class hotel of The third phase will consist ore conference hotel of The fifth phase will consist of a retail shopping plaza between 1 funtington Street and Beech Boulevard in approximately 300 guest rooms on an approod. a maximumo[SOOgucst roomson an approximately ofa maximum of 75,000sq.Ft.located on an approxd- the City of Huntington Beach. The projected is mately 3.58 acre site and will Include: 2.9 acre site and will include: mately 3.81 acre site and will include: located within the Main-Pier Redevelopment Prof. 1 restaurant 3 restaurants Restaurants ectAreaofthe City,and contains Downtown Specific Ideiicatessentmackshop I entertainment lounge Spedalty retail shopping facilities Plan District i8-b end District 09.The two districts 1 entertainment lounge 2 lobby lounges Outdoor plaza areas are separated by the future extension of Walnut 1 lobby lounge conference,meeting and ballroom facilities Avenue through the site. meeting and ballroom facilities clerical and conference support services Both above-grade and subterranean parking facili- car rental and travel assistance office car rental and travel assistance office ticswill provide significant opportunities for recipro- The subject of this Commercial Master Site Plan is gifthundry shop gifUsundry shop and other related specialty rc- cal parking agreements between the retail shopping District#9 surrounded by Huntington Street,Pacific ftnesslexereise rom tail boutiques plaza and the other facilities of the project. Coast Highway, Beach Boulevard, and the future swimming pool,spa and outdoor plan fitnesslexer6te room extension of Walnut Avenue. swimming pool,spa and outdoor plan Project Description: Phase 2s Tenalsand lfealth Center Phase4: All-Suilelfotet Phase tic Luxury Hotel The second phase will consist of a tennis and health The fourth phase will consist of an all-suite hotel of The sixth and final phase of the Commercial Master The commercial portion of The Waterfront eneom- center on an approximately 3.48 acre site and will approximately 250 guest rooms on on approxi- Site Plan will consist of a luxury hotel of a maximum passes approximately 20.03 net sera and will consist include: mately 1.22 acre site and will include: of 400 guest rooms located on an approximately 5.04 of six phases consisting of four hotels,one tennis and 1 restaurant acre site and will include: health center and one retail ah en faze. The 9 tennis courts 1 lounge 2 restaurants g p 25 meter lap pool and spa car rental and travel assistance office 1 entertainment lounge phases will be developed in numerical order moving tennis practice alley with bill machine fitncsslcxercise room 1 lo"lounge from west to east along Pacific Coast Highway begin. clubhouse and health center of a maximum of indoor pool meeting and ballroom facilities ning at Huntington Street and ending at Beach 25.000 sq. ft. that will Include locker rooms, car rental and trawl assistance office Boulevard. Although constructed in phases, it is tennis pro shoptsports clothing store, snack gift/sundry shop and other related specialty retail Intended thatne Waterfront shall be considered as shoprjuicebarevent dub room with cocktail bar boutiques a single integrated development project overlooking the tennis courts,and persona)care fitnaslexercise room As described and illustrated in greater detail herein, services such as massage,facials,salon,sauna swimming pool,spa and outdoor plan Walnut Avenue will be constructed from I funtington and hydrotherapy. Street to Beach Boulevard and a linear park called The facility will be open to the public and a fee may the"Pacific Promenade"along Pacific Cowl high• be charged for its use. The facility will be con- way will provide. a pedestrian link between each strutted over subterranean parking and,except for phase.Additionally,two pedestrian overpasses over Pacific Cowl Highway will provide a direct link be- and required ,t the public's use of the tennis tween the project and the beach. and health center, r,that parking will be abject to reciprocal parking agreements for the use of the conference hotel and other facilities of the project. I Approved%22,88 Page 3 of Additional Features: Maximum Development: Crew Opportunities: Opel:Space: Each hotel will contain the amenities and support The buildings shall conform to the maximum enve- As illustrated in this master site plan,the high-rise Open space areas are indicated on the illustration services normally contained within hotels ofthecate- lope*ofguest room count,building square foolages buildings are oriented perpendicular to Pacific entitled*Open Space"contained herein.In order to gorier described and as a normal feature of such (excluding parking),height,and bulk as indicated Coast Highway and widelyseparsted to allow abun. cresteas much open space as possible mostparkingat hotels the restaurants,lounges and banquet opera- on the illustration. entitled "Building dantviewopportunities from the upper floorsofthe the project will be placed in subterranean garages Lions will serve alcoholic beverages for on-site con- Bulk"contained herein. future residential development to the north(Resi- below finish grade.As a result.the open space areas sumption and will provide live entertainment and dential District #&b). Additionally, the public will include those public, landscaped areas above dancing. plan areas in the hotels,the tennis center and the subterranean parking garages provided that those retail shopping plaza are located above the level of public areas do not exceed an elevatirm of one(not Pacific Coast llighway to provide unobstructed vertical for every three feet horizontal from the topof Architectural Desisn: Tmina of Development: vim towards the sea. curb of Pacific Coast Highway. The subterranean garages underneath these landscaped open space All portions of the project shall carry a Mediterra. Timing of development will be influenced by mar- areasshall not be considered as sitecoverage.See the nean architectural style and shall conform to the tee conditions but is estimated as follows: teess:Vehir:ularA typical section at the Pacific Promenade shown on architectural guidelines of the Downtown Specific the previously referenced illustration. Plan. Each phase of the project shall be designed so Phase 1: llrtt Class Hotel All vehicular access will be taken from Walnut that the buildings will have architectural excellence Construction is planned to commence in the fall of Avenue.the connector street,Huntington Street both individually as well as in the context of a total 19RSandbecompletedinihespringof 199Q Walnut and Beach Boulevard. No vehicular access will be integrated development It is intended that each Avenue to be extended from I luntington Street to taken from Pacific Coast Highway to avoid traffic building follow a consistent program of oolors,de. eastern edge of the Phase 1 site. Impacts on the highway and to provide uninter- tails,exterior finishes and thematic elements such as rupted pedestrian circulation along the "Pacific tile roofs.arched windows and balconies oriented Phase 2:Tennis and Health Center Promenade"linear park. towards the sea so that each buildingh Telated to and Completion In1992. Phase 2 is planned to be con. an enhancement ofeach other.The open space areas structed concurrently with phase 3. shall be designed,landscaped and constructed with Pedestrian Circulation: the same degree of excellence and architectural pbase3. Coafererscellotet consistency. Completion in 1997- Extension of Walnut Avenue The prrject shall provide public pedestrian links and connector street to Pacific Cast Ilighway. between each phase via the`Pacific Promenade" linear park fronting Pacific toast Highway and signage: Phase 4:All-Suite Ifotel Beach Boulevard and a public sidewalk on Walnut Completion in 1994. Avenue and Huntington Street. Additionally,two A cohesive signage program will be adopted for the pedestrian overpasses over Pacific Coast Highway project that will control all signage at the site. The Phase 3: Retall Shopping Plaza will be provided that will provide a direct access signage will be designed to reflect the integrated Completion 199& between the project and the beach. Lastly. two nature of all the phases of the project and to blend pedestrian paths through the project will link the aesthetically with the architecture of the project. Phase& Lawry Ilotel future residential development to the north(Ral. Completion 199& dential District tiff-b) with the pedestrian over. passes over Pacific Coast Highway.See the illustra. tion entitled"Public Improvements' -low Approved 6122188 : Page 4 of 12 Public Improvements: Areas Reserved for Public Use: Reciprocal Agreements: Public improvements areas indicated on the illustre. The area reserved for public use are indicated on tion entitled "Public Improvements' contained the i illustratonentitled'Areas " Public Access: herein and Include: Use contained herein. Reciprocal public access easements will be provided The Pscifie Promenade and surrounding public to allow public access to each phase of the project via Pacific Promenade: Pedestrian Overpasses: streets and sidewalks to the project shall remain the Pacific Promenade and from the beach via the open to the public at all times, The pedestrian pedestrian overpasses over Pacific Coast Ifighway. The"PaciGePromenade"is a minimum 50 footwide Two pedestrisn Overpasses owl y2eifeCoastliigfi- oveTa". eamrtPacifsc Coast Ilighway and the re- landscaped linear park along Pacific Coast Highway way will provide a direct connection between the destriart paths between the future residential and and Beach Boulevard with lush landscaping and a project and the beach for the mutual benefit of visi- the overpasses shall remain open to the public sub- Landscape Maintenance: meandering sidewalk. This will provide a way to ton to the project,the residents of the future resi- ject to the operating hours of the public beach.The physically and thematically link each phase of The dential to the north(Residential District i&b)and Tennis and Health Center shall remain open to the Reciprocal landscape maintenance agreements will Waterfrout's commercial portion,providing aninvit- the beach-visitor. publicsuttjectto reasonable hours of operation and be provided between each phase of the project to ing pedestrian connection throughout the project a fee for its use. The Pacific Promenade will include occasional seat. iensurelading building setbqualack of all landscaped areas including building setback areas,the Pacific Prome- ing areas,benches,fountains,em to create unique Tennis and Health Center nade and areas within the street right of ways. and differing Mediterranean-inspired pedestrian environmentseonnectedby plazas,arches and court. The tennis and health center as described previ. yards.The sidewalkwillbe moved awayfrom the curb ouslyIsa public recreational opportunitybenefit- Parking: line for safety and to provide a more interesting ting all visitors and residentsorthe City ofllunting. experience walking within a landscaped area ale- ton Reach. it is recognized that there is an opportunity for vated to provide a hitter view of the beach_ Direct aecestbetween the beach and the Pacific Promenade aharcduse of parking facilities atThe Waterfront due is provided by the pedestrian overpasses over Pacific Miscellaneous: to the close proximity and variable demands of each Coast Highway. phase of the project Therefore,reciprocal parking agreements will be provided between the phases to Other public improvements provided by theprojca allow the most efficient use of the parking facilities Path t4 Future Residential: include the extension of Walnut Avenue and the provided at the project In the event that a parking connector street including sidewalks and land. deficiency Is experienced in the operation of a phase saped median strips,enhanced hardsape and sig- of the project,additional parking will be provided in Two pedestrian pathways will provide a convenient nage monumentation at key intersections, bits a subsequent phase. link between the future residential and the pedes- benches and turnouts as requiredby Orange County trian overpasses,encouraging a safe transit to the Transit District, and acceleratimWecelerstion be0L lanes onto Pacific Coast I lighway. Approved 6122188 Page 5 of 12 9� ti O0 G� lu F` 99 O W AV I" o N 2 £ O I _ Z Y � Z ,. PACIFIC COASUHIGHWAY PHASE i PHASE 11 r.wnu.em..x PHASE III L PHASE IV L PHASE V nx.r.ue e....... PHASE VI FIRST CLASS HOTEL TENNIS AND HEALTH CONFERENCE HOTEL. ALL-SUITE HOTEL, SHOPPING PLAZA LUXURY HOTEL CENTER PARKING STRUCTURE s�J. m o 0 �mrT.wRR.r- � i �^" ♦ �` NIi+ f 1 � �' P FAY R PHASE 1 PHASE 11 PHASE III PHASE IV PHASE V PHASE VI FIRST CLASS HOTEL TENNIS AND HEALTH CONFERENCE HOTEL ALL-SUITE HOTEL SHOPPING PLAZA LUXURY HOTEL CENTER PARKING STRUCTURE COMMERCIAL MASTER SITE PLAN DENOTES'lOW-RISE'1-3 CQMMERCIAL MASTER SITE PLAN SU MAU '1O0' u'2Ro• STORY STRUCTURES Approved 6J22/88 ■■ ■rr■ $ %� ■ DENOTES LIMIT OF BUILDING BULK """'�"'""`OTAL Page 6 of 12 $4--DENOTES DIMENSION OF LIMIT H99ffii FLOORS AREA� OF BUILDING BULK LINE PHASES RISTLYESSHOTEL me is seer at. PHASE I TEIRRI A HEALTH CENTER N. ! 5,000 Lt. a. DENOTES'HIGH-RISE' PttAsce t in it .Loer a ".'. !,•O o` STRUCTURES PHASE O AU ■ 1..■RIE HOES IN is ae, s• �ww ` O •■gar;: PHAPIs REFAILSHOM■C S a,er a ["9 PHIASEO UIXI IKITEL 0 44e.000 aL TOTALS 1.00 L,■ssr al, y ,a G� F` 9� O W V .. ♦♦ W y ■ +/ TE S C S ■■rr■Ro • ■■ M11T, i:. �♦ Z I V E 4 ar • ■ ■ ♦♦j Oog ■ W ;' 0 gnu z Is ',t +300 s1S0 mom +100' PAcoc T PHASE 1 PHASE II r.n.ruuar....0 PHASE 111 IL PHASE IV L PHASE Y ................ PHASE YI FIRST CLASS HOTEL TENNIS AND HEALTH CONFWWNC!HOTEL ALL-SLNEE SHOPPING SHOPP PLAZA LUXURI HOTEL ® e CENTER PARKING PARKING STRUCTURE / era.uw. Mm near .euewe `iiFRH� _ r...ue.n �EAf10'0E�■- .....u..n era.u.... Isi'TiTTs�sf— w PHASE t PHASE 11 PHASE III PHASE IY IHASE Y PHASE YI FIRST CLASS HOTEL TENNIS AND HEALTH CONFERENCE HOTEL ALL-SUITE HOTEL SHOPPING PLAZA LUXURY HOTEL CENTER PARKING STRUCTURE BUILDING BULK Approved 6122188 Page 7 of 12 ,��• VIEW OPPORTUNITIES FROM UPPER FLOORS OF FUTURE RESIDENTIAL 1111q., • VIEW OPPORTUNITIES FROM WALNUT AVENUE Itlr.R...trt. VIEW OPPORTUNITIES FROM 90y PUBLIC PLAZAS 1♦♦♦♦ d+Ozo, Its me WE MEN we ♦♦ �p i i ' ♦♦` _ i i ♦1 ..9 COASTPACIFIC IGHWAY - PHASE 1 L PHASE II ................ L PHASE Ill PHASE IV PHASE Y ..wn.uo.u..n PHASE YI FIRST CLASS HOTEL TENNIS AND HEALTH CONFERENCE HOTEL ALL-SUITE HOTEL SHOPPING PLAZA LUXURY HOTEL _ CENTER PARKING STRUCTURE ® ® o 0 tl�— r=�1 � ❑ zvm-Fw�.r— —nr`rtrRa.� . PHASE PHASE II PHASE III PHASE IV PHASE V PHASE VI FIRST CLASS HOTEL TENNIS AND HEALTH CONFERENCE HOTEL ALL-SUITE HOTEL SHOPPING PLAZA LUXURY HOTEL CENTER PARKING STRUCTURE VIEW OPPORTUNITIES �11tl DENOTES PUBLIC OPEN SPACE AMENITY Approved 6122188 _ DENOTES OTHER PUBLIC OPEN SPACE O Page 8 of 12 Fq DENOTES MISCELLANEOUS OPEN SPACE o OG OPEN SPACE,PLAZAS,POOL AREAS OF COMMERCIAL PROPERTIES 9,Q Lu O J W V U) = TE 6 H ENS Mm FO" PEN BLIC � k; 2 1 11 1 1 Q COASTINIGHWAY - PHASE 1 PHASE 11 ........e... PHASE Ill L PHASE IV PHASE V re.uaw e.n.ue PHASE VI FIRST CLASS HOTEL TENNIS AND HEALTN A CONFEREIRM HOTEL ALL-SurE HOTEL SHOPPING PLAZA LUXURY HOTEL CENTER PARKING STRUCTURE PACIFIC PROMENADE PACIFIC PROMENADE MAXIMUM GRADE 1 FT.VERTICAL TO 3 FT.HORIZONTAL LINE DSCAPEDSLOPE $tJ1CDI ' MEANDERING SIDEWALK WITH LOW R AINING WALL AS NECESSARY �'-2 i " ALLOCATION: PUBLIC OPEN SPACE AWN17Y s51 as % CURB O M PUBLIC OPEN SPACE, Sal its % NS031ANEOS OPEN SPACE: IM " % ACIFIC COAST HIGHWAY iWALO►ENSPAM: 11.04 : s: % BUILDING COVERAGE: 1.91 36.0 % POSSIBLE BELOW GRADE PARKING, I - STREEa,DRNEWAYSAPAFMW: 141 ac Sas % MANDATORY LANDSCAPING OVER, NOT CONSIDERED AS SITE COVERAGE 50. TYPICAL SECTION AT A PACIFIC PROMENADE OPEN SPACE Approved 6122188 - NOTE:BUS BENCHES&TURNOUTS AS REOUIRED WALNUT AVENUE-PUBLIC SIDEWALKS Page 9 of 12 BY ORANGE COUNTY TRANSIT DISTRICT &LANDSCAPED MEDIAN STRIP TENNIS&HEALTH CENTER OPEN TO PUBLIC 'SPUR STREET'-PUBLIC SIDEWALKS& 9 TENNIS COURTS LANDSCAPED MEDIAN STRIP 25 TO 40,000 S.F.CLUBHOUSE&HEALTH CENTER 90 PEDESTRIAN PATH CONNECTS FUTURE PEDESTRIAN PATH CONNECTS FUTURE y 0 RESIDENTIAL TO OVERPASS RESIDENTIAL TO OVERPASS G� 9,Q Ul O 9 W V fY - � e Par, 4 Z • s"' u,i, i � '/ ' IIRIIIp11R1 •, NI p11PIMlw//I/� 1 111 1 �I 1900�•:• 1 '':I. T w - PHASE 1 L PHA8 11 PHASE III L PHASE IV PHASE Y L PHASE VI FIRST CLASS HOTEL TENNIS IIiND MEALTH CONFERENCE HOTEL ALL-SUITE HOTEL SHOPPING PLAZA LUXURY HOTEL CENTER PARKING STRUCTURE PEDESTRIAN OVERPASS ENHANCED HARDSCAPE& HIGHWAY ACCELERATION/DECELERATION' ENHANCED HARDSCAPE& SIGNAGE MONUMENTATION LANES AS REQUIRED BY CAL-TRANS SIGNAGE MONUMENTATION PACIFIC PROMENADE'.MINIMUM 50'WIDE PEDESTRIAN OVERPASS ENHANCED HARDSCAPE& LANDSCAPED LINEAR PARK WITH MEANDERING SIGNAGE MONUMENTATION SIDEWALK-OPEN TO PUBLIC MAXIMUM AVG. SLOPE i FT.VERTICAL TO 3 FT.HORIZONTAL VARIOUS ENHANCED HARDSCAPE,SEATING GROUPS &BENCHES.CONNECTS TO ALL COMMERCIAL PROPERTIES,TO PEDESTRIAN OVERPASSES& PUBLIC IMPROVEMENTS TO PEDESTRIAN PATHS TO FUTURE RESIDENTIAL Approved 6122188 page 10 of 12 , PEDESTRIAN PATH TENNIS&HEALTH CENTER PEDESTRIAN PATH FROM FUTURE RESIDENTIAL. NOTE: PARKING BELOW,EXCEPT FROM FUTURE RESIDENTIAL ' TO PEDESTRIAN OVERPASS AS REQUIRED FOR TENNIS TO PEDESTRIAN OVERPASS d HEALTH CENTER,IS NOT 0 FOR PUBLIC PURPOSES. OG 'SPUR STREET' f� 6 4,9 O WALNUT AVENUE / J w w AY �♦ N E ♦♦ r S ., v. ee PACIFIC - - T - IHIGHWAY PHASE 1 PHASE 1 PHASE III PHASE IV PHASE V PHASE VI FIRST CLASS HOTEL TENNIS AND HEALTH CONFERENCE HOTEL ALL-SURE HOTEL SHOPPING PLAZA LUXURY HOTEL CENTER PARKING STRUCTURE PACIFIC PROMENADE PEDESTRIAN OVERPASS PEDESTRIAN OVERPASS PACIFIC PROMENADE AREAS RESERVED FOR PUBLIC PURPOSES Approved 6122188 Page 11 of 12 COMMERCIAL MASTER SITE PLAN SUMMARY SITE STATIS'00 T41AL , NIAXl wm AtLOVVED ACREAGE: roru r.Rass: zt 22 � �� Toni NET: 20 oa .� PHASE L FIRS I CLASS HOTEL 100 13 254,000 Sf. PHASEt: 3.St >c PHASE 2 TENNIS A HEALTH CENTER R/a 2 2S,OW I f. PHASE t 348 W- PHASE 3 CONFERENCE HOTEL S00 is 340,000 &E PHASE 1: 200 ac PHASE 4 ALL-SURE HOTEL 250 is 2S0,400 S f. PHASE 4: 1st ac PHASE S: 311 ac PHASE S RETAIL SHOPPING Rim 3 TS,000 S c PHASES: Im aG PHASE 0 LUXURY HOTEL 0 ,N,QQQ 1,f. TOTAL NET: 2003 K TOTALS 1,450 I'M1.400 al. ALLOCATION: PUBLIC OPEK SPACE AMENRY: 4,1 W- 32 S Y* OTHER PUBLIC OPEN SPACE: 338 a1. 169 % DtSTR KT#+IEA7011AVI11 FAR_ $f MISCELLANEOUS OPEN SPACE: J 11 ac -i % TOTAL OPEN SPACE: 11.04 at SS 2 % F.AR 1.4 BUS.DING COVEAACE: lot ac 350 % STREETS,DRIVEWAYS i PARMW; 141 ac 110 % E TOTAL WiLOW AEA FKAIREI M1 DaUU IE OF FAMOM 1 TW MAIMALAF FLOOR AREA PER DS P.RAWAM R th I,W I F. 94= 1 ALL ACREAGE RGURES AR1 NET OF ALL OEOWATEO$ME"WaWG1G CONNECTOR MEET AND ACCELEAAIKftI*QUPATON LAkU ON►ALS K COAII WGiAOAT. I F1611RES FOR RFOIVIOLIAL 14 W n ARE DIOWN FOR MIFORMATIONAL FWPOM RMAJAW TO DOWNTOWN SPECIFIC ►LAN DISTRICT ^ DEVELOPWAIT STANW06 APE APFLIED ON A 4111MAAT7 N4STFR PWI WR FLIRTIIER THE PHASI-HECIFIC FIGURES SHOWN AR1 SWIECT TO{iIMOR ADAAT W WI AS EACH FVTA FKAN IS DESIGNED W DETAR. 1 FLIRSULNT TO DOWIROMIF SFECWK PLAN DCMKT N OCKLOFHFNT 1TANOARD1.UP TO M OF THE.TOTAL PVWC OPEN SPACE AMC WTT�(S .ON Ib ACRE S� NC MAI 6E ELOSED TWA ALLOWWG AFWROARAATWO AT,SOS WAOALD fPACL A TSNNCLLOWARE AND ItEALIN [F LRF R OF?S 000 TO LO 000 S F.R RANNED W P/443E II�AMD R Sr•OWII AS IOTN A►11�L1C OPE N SPALE AILS NriT AND aukowG COVERAGE.AS A RESIAT THE ADOFT101e OF THE ilCUilu SHOWN FOR TOTAL OPEN SPACE WILDING COvm"AND STIIEETa,opinwAys i FARwAmG SUGHTLT OACIEDS 1001E of THE TMAL NEI SITE ARih 4 SOME FIGURES SEAT NOT ADO Om TO ROVNOW. Page12SITE STATISTICS=—B)LP_HASE P 6 22/88 Page 12 0 12 t PHASE 1 PHASE 7 PHASE$ FIRST CLASS HQTf1 CONFERENCE Ho Rom,SHOPPING PHASE 1; ]S4 K PHASE t 100 aL PHASE S: ]1'1 m ALLOCATION: ALLOCATION: ALLOCATION: PUBLIC OPEN SPACE AMENITY' 0.50 ac 149 % PUBLIC OPEN SPACE AMEWrr 155 a< 1 t 0 % PUBLIC OPEN SPACE AMEWTV: 041 ML 12.8 % OTHER PUBLIC OPEN SPACE: 0.74 aL 71.E % OTHER PUBLIC OPEN SPACE: 067 at 21.1 % OTHER PUBLIC OPEN SPACE: 0 w aL as % MISCELLANEOUS OPEN SPACE: LM aL ju % MISCELLANEOUS OPEN SPACE: to Ju % MISCELLANEOUS OPEN SPACE: M aL In % TOTAL OPEN SPACE: 154 ae 441 % TOTAL OPEN SPACE: 133 a< al % TOTAL OPEN SPACE: 1.40 AL 40 % BVLLdNGCOVERAGE: ISO aL 41,9 % 8UII.DING COVERAGE: 1.45 at Soo % BUILDING COVERAGE: 0 n aL 24.1 % STREETS,DRLVEWAYS A PAMCNG 34 aL Lu % STREETS.ORflIEWAYS A PARIQNC: _W ac -LL % STREET'!.ORNEWAYS A PAMCNQ La aL ul % TOTAL NET SITE AREAL ]S0 at 1000 % TOTAL NET SITE AREA. 210 aL 1000 % TOTAL NET SITE AREAL ]01 aL 1000 % PHASE 2 FHME PHASE4 LUXURY"Cl PWI3E t ]4S ac PHASE 4: 1 L2 ac PLEASE 0: 504 aL ALLOCATION: ALLOCATION: ALLOCATION- PUBLIC OPEN SPACE AMENITY: 3.44 at M 0 % PUBLIC OPEN SPACE AMEILffY: 010 ac 164 % PUBLIC OPEN SPACE AMENITY: 334 k 249 % OTHER PUBLIC OPEN SPACE: 8.011 at, 0 0 % OTHER PUBLIC OPEN SPACE: lot at so % OTHER PUBLIC OPEN SPACE: 012 aL 113 % UtSCELLAREOUS OPEN SPACE: Im aL j" % MISCELLANEOUS OPEN SPACE: Q a aL Ju % MISCELLANEOUS OPEN SPACE: fA aL 12 % TOTAL MEN SPACE, ]4! ac N 0 % TOTAL OPEN SPACE: 0 W sL 41.0 % TOTAL OPEN SPACE: 241 aL If! % BUILDING COVERAGE: 0 43 at 129 % BUILDING COVERAGE: 0% aL 4S.1 % BUILDING COVEAALE: 214 at 424 % STREETS,DRIVEWAYS A PARIONG 004 aL 1.1 % STREETS,DRIVEWAYS A PAMNG: to aL Lu % STREETS,DRfVEWAYS A PARIONG M aL lu % TOTAL NET SITE AREA. 1.22 ac 100 0 % TOTAL NET MTE AREA: $04 aL 1000 % 0(yr f'. S ALL MREACR FTttw�Aae Err a ALL MOICATS:D IMSE, DM U DM CMWCMR FMTr AND ACCMUTIOWNCILERATOW LANES oN PA[aK[OAST wWrAr. t FIGURES FOR N5NM9k POO=ARE 040"POO WFORYATIONAL PMPOWL PUSSUMIT TO OOMNTOM:I VFCFW RAN OMTRICT/A, OCVCLOMUR tTAXQAROt ARE APFCEO OM A CUWAAtNT�.T�WASTER AAA SA JL FURTMEA.THE►MSS-SMW V.FIGURES SM6N11 An M"CT TO hW*M ADASTMEMT M EACH FVTIJRE PWW a DEW.JKD PI OL IAIL S PURIIMNT TO DOWNTOMM SPECIFIC R M DSTMIT N DFVHOPMENT STAM1MM 00 TO 121E OP 711E TOTAL PMIC OOFM SPACE AW WFY(EST.2II MRkS)Link PE ENCLOSED.TMIA ALLOWWG A/MOIIALAIkLV l7,Sa1 FNCLOLLO VMS. A TENN4 CLUN*OVSE ANO NEALTN CENTER OF 3.000 TO b 0M S F.a RIMMED M OK"02 AND a SHOWN AS AOTM A PUILIC OPEN SPACE AMF46TV ANO SM DNIG COME AA". A4 A RFSIILT TILE SO AOOi1 N OF TIC FI O HOW U SHOWN FOR TOTAL OPEN S/Mf�&L4LDWr.COVERAGE ANO STREL M OR{YLWAYS E►AJIIitNG SlJL1ETLT EJ[[LLPS 1 S0%OF THE TOTAL NET WE ARM 4 SOME PIGURES MAY MDT ADO DUE TO ROUMD L REQUEST FOR CITY COUNCIL ACTIONS Date August 15, 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrate \� Prepared by: Douglas La Belle, Director of Community Developmen Subject: FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2-2 r Consistent with Council Policy? Yes [ ] New Policy or Exception /e5 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Cm 1 S� C1,0 ETATEMENT QE JEE : Supplemental Environmental Impact Report No. 82-2 (SEIR) was prepared to analyze the potential impacts of the proposed Waterfront project to be located in Districts 8b and 9 of the City's Downtown Specific Plan. The SEIR augments the analysis conducted in Final Environmental Impact Report No. 82-2 by analyzing in more detail the potential impacts that may arise from the proposed Waterfront project. The SEIR was prepared by an outside consultant, LSA Associates, Inc. Once certified, the SEIR is intended to be utilized for the following discretionary actions: - Relocation Assistance Plan/Impact of Conversion Report - Zone Change No. 87-7 - Conditional Use Permits for each phase - Coastal Development Permits for each phase - Development Agreement/Master Plan - Disposition and Development Agreement •ti At the City Council study session held on August 1, 1988, a copy of Final Supplemental Environmental Impact Report No. 82-2 was forwarded to the Council members. This "final" version of the SEIR incorporates all comments received from the Planning Commission, outside agencies, and interested citizens. The SEIR must be adopted and certified as adequate prior to acting upon Zone Change No, 87-7 and Development Agreement relative to the Waterfront project. It is recommended by the Planning Commission and staff that this final SEIR, including all of the mitigation measures identified within, be certified by the Council. It should be noted, however, that the Council does have the discretion to add to, or delete from the subject document prior to final certification. i P10 4184 IREMIRKENDTION Planning Commission Recommendption AT A SPECIAL MEETING HELD ON JUNE 8, 1988, AND ON MOTION BY LIVENGOOD, SECONDED BY SLATES, THE PLANNING COMMISSION VOTED TO ADOPT RESOLUTION NO. 1397 (SEE ATTACHMENT NO. 3) AND RECOMMENDED THAT THE CITY COUNCIL CERTIFY SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 BASED UPON FINDINGS AND WITH MITIGATING MEASURES TO BE CONDITIONS OF APPROVAL FOR DEVELOPMENT BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None Staff concurs with the Planning Commission and recommends that the City Council adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2 by adopting the attached Council Resolution, approved as to form by the City Attorney, with statement of overriding considerations (Exhibit B) and mitigation measures (Exhibit A) . ANALYSIS: Applicant: RLM Properties & City of Huntington Beach Redevelopment Agency Background: Final Environmental Impact Report No. 82-2 which was prepared to analyze the potential impacts of the overall Downtown Specific Plan, was certified as adequate and adopted by resolution by the City Council in July of 1983. Final Environmental Impact Report No. 82-2 addressed and analyzed hotel, residential and recreational uses for Districts 8b and 9 of the Downtown Specific Plan. The Waterfront project proposes the same uses in these districts. However, the mix of the uses is different than that which was analyzed in Final Environmental Impact Report No. 82-2. Due to the change in the proposed mix of uses, in addition to the following: 1) the need to more thoroughly address the impact of the proposed development on the .8 acres of on-site wetland, as well as the adjacent wetland on the east side of Beach Boulevard; 2) the need to more thoroughly address the impact of closing the on-site mobilehome park; and 3) the availability of more detailed information regarding the specific development proposal, in accordance with Section 15163 of the California Environmental Quality Act, Supplemental Environmental Impact Report No. 82-2 has been prepared. The original Environmental Impact Report (Final Environmental Impact Report No. 82-2) is still deemed to be adequate and certified; Supplemental Environmental Impact Report No. 82-2 merely augments the information contained in Final Environmental Impact Report 82-2 of 1983. RCA - 8/15/88 -2- (0998d) California Environmental Quality Act Process in accordance with the California Environmental quality Act, Draft Supplemental Environmental Impact Report No. 82-2 has gone through the following public notification and review process: 1. Notice of Preparation posted, advertised and circulated September 9, 1987. 2. Notice of Completion of Draft Supplemental Environmental Impact Report No. 82-2 posted, advertised and circulated January 15, 1988. 3. Draft Supplemental Environmental Impact Report No. 82-2 available for public review and comment for forty-five (45) days, January 15, 1988 - February 28, 1988. 4 . Copies of Draft Supplemental Environmental. Impact Report No. 82-2 and Appendix forwarded to Planning Commission and City Council members January 15, 1988. 5. Addendum to SEIR 82-2 and Responses to Comments forwarded to Planning Commission and City Council on May 16, 1988. Addendum and responses also forwarded to all interested parties who commented on SEIR 82-2. 6. Planning Commission study sessions held on February 24, 1988 and May 24, 1988. 7. Public Hearing held by Planning Commission on June 8, 1988. Planning Commission recommended certification of SEIR 82-2 by adopting Resolution No. 1397. 8. City Council study session held on August 1, 1988. Issues : Supplemental Environmental Impact Report No. 82-2 identifies several potential adverse impacts that may be associated with the waterfront project. Through the use of appropriate mitigation measures, however, the majority of the potentially adverse impacts can be reduced to a level of insignificance (see Section 2.0 of the Final Supplemental Environmental Impact Report) . As noted in Section 5.0 of Final SEIR No. 82-2 (dated July 18, 1988) , there are some adverse environmental impacts anticipated from the proposed project which cannot be totally eliminated through mitigation measures. The impacts include potential geologic hazards, increased energy consumption in the area, aesthetic and view impacts affecting surrounding areas and cumulative air quality impacts. Each of the effects is lessened by the mitigation measures suggested in the Supplemental EIR, which measures are recommended by the Planning Commission and staff to be incorporated into the RCA - 8/15/88 -3- (0998d) project. Notwithstanding adoption and implementation of the recomnended mitigation measures in SEIR 82-2, a statement of overriding considerations has been adopted by the Planning Commission and needs. to be adopted by the City Council finding that the economic and social benefits of the proposed project outweigh the project's potentially adverse impacts. The Statement of Overriding Considerations is attached as Exhibit 8 to the draft Council Resolution included in this RCA. In that statement, the reasons that staff has determined that the remaining effects of the adverse impacts are "acceptable", given off-setting project benefits, are discussed. The only issue that remains to be addressed with regard to environmental impacts is that of wetland replacement. As noted in the "Response to Comments" section of the Final SEIR, City staff, the State Department of Fish and Game and the U.S. Fish and Wildlife Service are all in concurrence that the amount of on-site wetland area to be mitigated/replaced is 0.6 acres. As of yet, a mitigation plan has not been developed. The Planning Commission and staff do recommend, however, that the overall project be conditioned to have appropriate wetland mitigation in place prior to the development of the phase that will alter the on-site wetland area (See Final SEIR Conditions of Approval 8-10) . The DFG and USFWS agree that the conditions are appropriate and that certification of the SEIR with these mitigation measures is acceptable. The ultimate wetland mitigation plan will require approval from the City as well as the Department of Fish and Game, the U.S. Department of Fish and Wildlife and the Coastal Commission. Comments,-recgivgd at June 8 . 1988_21anning_ Commission Hearing: As aforementioned, the Final SEIR before you for certification incorporates all comments received during the statutory review and comment period, in addition to those received by the Planning Commission after the close of the comment period. Some additional comments, however, were received from interested parties after the close of the review and comment period. As a matter of courtesy, staff accepted those comments and responded to them appropriately. The letters and staff's response are contained in Volume III, Exhibit E of the Final SEIR. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTIONS: 1. Prior to certification and adoption by resolution, the City Council may amend (add to or delete from) the document which staff has prepared as Final SEIR 82-2. It should be noted, however, that removal of any of the recommended mitigation measures will require findings and justification. RCA - 8/15/88 -4- (4998d) 2. The City Council may deny certification of Final SEIR 82-2 with findings. AMCIMNT_S: 1. Area Map. 2. Draft Council Resolution adopting and certifying SEIR 82-2 with mitigation measures (Exhibit A) and statement of overriding considerations (Exhibit B) . 3. Planning Commission Resolution No. 1397. 4. Minutes from June 8, 1988 Planning Commission meeting. PEC:MA:'CMO:gbm RCA - 8/15/88 -5- (0998d) !.{�yn / �•�M►_:::a'! :.wdiwr.- -. o i 1 I' .� CZ �• ::: � i �...M i — m \� ^•. ^-ci i 5 s. ::.i ii':i.Si'^i1a';i•�'-'^.:ya•:;;. ` f y g TANK I� FMl*1 4 It PROJECT AREA - SUPPLEMENTAL EIR 82-2 The Waterfront Project • "nNCTory BEACHHUNTINGTON REACH PLANNING DIVISION -,; C: r ' t RESOLUTION NO. 1397 , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 (SEIR 82-2) FOR THE WATERFRONT PROJECT TO BE LOCATED IN DISTRICTS 8B AND 9 OF THE DOWNTOWN SPECIFIC PLAN WHEREAS, the Waterfront Master Plan and related entitle- ments, and Supplemental Environmental Impact Report No. 82-2 have been prepared; and The City of Huntington Beach was the lead agency in the preparation of the Supplemental Environmental Impact Report; and All persons and agencies wishing to respond to notice duly giver. have been heard by the Planning Commission either through written notice or during a public hearing on June 8, 1988, and such responses and comments as were made were duly noted and responded to, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Huntington Beach as follows : SECTION 1. The Planning Commission does hereby find that Supplemental Environmental Impact Report No. 82-2 has been completed in compliance with the California Environmental Quality Act and all state and local guidelines therefore. SECTION 2. The Planning Commission has considered all significant effects detailed in Supplemental Environmental Impact Report No. 82-2, together with existing and proposed measures to mitigate such significant effects. (Exhibit A attached hereto.) SECTION 3 . The Planning Commission further finds that through the implementation of the aforementioned mitigation measures, the majority of the potentially adverse impacts associated with the Waterfront project can be eliminated or reduced to a level of insignificance. f 1b SECTION 4 . The Planning Commission finds that the benefits accruing to the city, both economically and socially, by virtue of implementing the Downtown Specific Plan through the Waterfront Master Plan override the unmitigatable effects detailed in Supplemental Environmental Impact Report No. 82--2 and the attached statement of overriding considerations (Exhibit B attached hereto) . SECTION 5. The Planning Commission of the City of Huntington Beach does hereby adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2 and recommends that the City Council adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting thereof held on the 8th day of June, 1988, by the following roll call vote: AYES: LEIPZIG, LIVENGOOD, SLATES, ORTEGA, BOURGUIGNON, SILVA NOES: NONE ABSENT: HIGGINS ABSTAIN: NONE ATTEST: Mike Adams Victor L ipzi Planning Commission Secretary Planning Commission Chairman (0606d-2) ti DRAFT MINUTE HUNTINGTON BEACH PLANNING COMMISSION Council Chambers — Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P(arrived late) P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega A P Higgins, Bourguignon FOR THE RECORD: Art Folger stated he observed Chairman Leipzig's 30 minute absence from the first 30 minutes of the meeting, however since he did not miss any of the public hearing he determined that Chairman Leipzig was eligible to vote on tonight 's scheduled items . A. CONSENT CALENDAR: A MOTION WAS MADE BY ORTEGA, SECOND BY BOURGUIGNON, TO APPROVE - MINUTES OF MAY 3, 1988 PLANNING COMMISSION MEETING, WITH CORRECTIONS, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Ortega NOES: None ABSENT: Leipzig, Higgins ABSTAIN: Livengood, Bourguignon MOTION PASSED B. ORAIRCOPUKUNICATIONS -None Buff , / 1 C. PUBLIC HEARING ITEMS C-I THE-RE02 SEED HATERFRONT PROJECT APPLICANT: RLM PROPERTIES, LTD. AND HUNTINGTON BEACH REDEVELOPMENT AGENCY Draft Supplemental Environmental Impact Report No. 82-2 (Draft SEIR) was prepared to analyze the potential impacts of the proposed Waterfront project to be located in Districts 8b and 9 of the City's Downtown Specific Plan. The Draft SEIR augments the analysis conducted in Final Environmental Impact Report No. 82-2, which analyzed in general the potential impacts of the overall Downtown • Specific Plan, by analyzing in more detail the potential impacts that may arise from the proposed Waterfront project. The Draft SEIR was prepared by an outside consultant, LSA Associates, Inc. and, once certified, is intended to be utilized for the following discretionary actions: 1) Relocation Assistance Plan/Impact of Conversion Report;2) Zone Change No. 87-7; 3) Conditional Use Permits for each phase; 4) Coastal Development Permits for each phase; 5) Development Agreement/Master Plan; 6) Disposition and Development Agreement. STAFF RECOiRMNDATION: Adopt and certify as adequate Supplemental Environmental Impact Report No. 82-2 by adopting attached Planning Commission Resolution No. 1397 with Statement of Overriding Considerations. THE PUBLIC HEARING WAS OPENED Sean Milburn, project manager, spoke in support of the SEIR and urged the Commission to adopt and certify as adequate. He said the study was comprehensive and extremely detailed with a full build-out considered and does not feel that any further studies should be required. Jan Shomaker, 18792 Lister Lane, representing the Board of Realtors spoke -in support of the Supplemental Environmental Impact Report. Shirley Long, 6352 Reuben Drive, stated that in her opinion the report was adequate and urged the Commission to approve.- Kirk Kirkland, 2217 Florida Street, spoke in support of the report. He feels that all of the issues had been addressed and urged approval by the Commission. Gail Altimari-Brawn, 1205 Lake Street, requested the Commission to require separate EIR's for each phase to include studies on liquefaction, traffic study for summer months, peak-hour analysis, economic benefits of restoration, industry standards, .alignment of Walnut, drainage to wetlands areas and hydrological issues. PC Minutes - 6/8/88 -2- (0977d) Irene Alfieri, 20032 Midland Lane, representing the Environmental Board, said she feels the realignment of Walnut will mitigate traffic in the area however she would like to see more effort taken to preserve the wetlands. Dean Albright, 17301 Breda Lane, representing the Environmental Board, addressed his concern with the water supply to the wetlands. He feels that the wetlands should be developed as a park and be included as part of one phase with care taken so that the water supply is not shut off to the wetlands. H. W. McClain, 21462 Pacific Coast Highway #83, President of Driftwood Beach Mobilehome Owners, spoke on the relocation assistance plan. He stated the agreement is being finalized at the present and is encouraged that it will be approved and urged any members of Driftwood to refrain from speaking until agreements were settled. He requested his letter, addressed to Doug LaBelle, to be part of the official records. He further stated that he supported the Waterfront project as long as the mobilehome acquisition plan was approved. Richard J. Hill, 500 Newport Center Drive, Attorney for the Driftwood Mobilehome Association, requested that approvals on any matters regarding the Waterfront project be conditioned "subject to finalization of Mobilehome Acquisition and Relocation Plan", including the supplemental environmental impact report. Klaus Goedecke, President of the Chamber of Commerce, spoke in support of the environmental impact report. He feels that the report met all development standards. Steve Holden, 949 Tenth Street, urged approval of the environmental impact report. Larry Washa, 7777 Edinger, spoke in support of the environmental impact report. He feels that the Waterfront project is complimentary to the ocean front and urged the Commission to approve. Ron Shankman, 15682 Sunflower Lane, consultant to Driftwood Mobilehome Park, requested that the letter from Jon Fleming be entered into the record. He stated that negotiations on the relocation plan are extensive and urged immediate action be taken. There were no other persons present to speak for or against the environmental impact report and the public hearing was closed. City Attorney informed the Commission that a condition could be placed on the environmental impact report stating that if the relocation assistance plan fails that the report would be null and void. He suggested that a date certain not be included in the condition. PC Minutes - 6/8/88 - -3- (0977d) Traffic and circulation issues were discussed. It was suggested that prior to approval of each project phase that the Planning Commission determine the need to conduct further traffic studies based on changed traffic or land use conditions. Some discussion occured regarding which phases to exclude from further traffic studies. Commissioners Slates and Silva felt the studies completed were adequate for the first three phases. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY BOURGUIGNON, TO EXCLUDE PHASE I AND II FROM FURTHER TRAFFIC STUDIES, BY THE FOLLOWING VOTE: AYES: Livengood, Leipzig, Ortega, Bourguignon NOES: Silva, Slates ABSENT: Higgins ABSTAIN: None STJMW- VOTE MTION A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO REQUIRE PLANNING COMMISSION DETERMINATION TO CONDUCT FURTHER PARKING STUDIES ON EACH PHASE OF THE PROJECT WITH CONSIDERATION OF THE PARKING RATIOS APPLIED TO PREVIOUS PHASES AND PERFORMANCE THEREOF, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None SZR$WMOTE MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO ADOPT AND CERTIFY AS ADEQUATE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 82-2 WITH FINDINGS BY ADOPTING STATEMENT OF OVERRIDING CONSIDERATIONS AND RESOLUTION NO. 1397 WITH MITIGATION MEASURES, AS AMENDED, AS CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None IM I ON_SASSED FINDINGS FOR APP OVAL -_ SUPPLEMENTAL ENVIRO ETAL I�+�pACT_REPORT NO, 82-2: 1. Supplemental Environmental Impact Report No. 82-2 has been completed in compliance with the California Environmental Quality Act as amended June 1986, and all State and local guidelines therefore. PC Mir.:ftes - 6/8/88 -4- (0977d) 2. Supplemental Environmental Impact Report No. 82-2 adequately addresses the potential environmental impacts that may be associated with the Waterfront project and is found to be certifiable. STATEMENT-OF Q . RyE RIDINS CONSIDERATIONS - SUPPL=NTAL ENVIRONMENTAL . 1. The economic and social benefits of the proposed Waterfront project outweigh the project's unavoidable adverse seismic, energy, aesthetic/view and cumulative air quality impacts. MITIGATION MEASURES TO BE CONDITIONS OF APPROVAL - SUPPLEMENTAL ENV_IRONMENTLL_IMP$CT REPORT_N4,__62. : Soils 1. The Waterfront project shall conform to mitigation measures included in the Downtown Specific Plan EIR 82-2. 2. Subject to approval by the Departments of Community Development and Public Works, the developer shall incorporate recommendations provided by Irvine Soils Engineering, Inc. (in their June 29, 1984 limited geotechnical investigation Job No. 2561-00, Log No. 4-6086) into project designs, plans and specifications for each phase of the overall project. 3 . Prior to the issuance of grading permits for each project phase, a supplemental geotechnical investigation based on the specific proposed design shall be performed to confirm subsurface conditions (liquefaction hazard zones and ground- water levels) , and provide supplemental recommendations, as appropriate, for final design of each structure and for the proposed residential development. 4 . Design provisions such as pile foundation systems shall be required to permit structures to withstand liquefaction without serious consequences. If significant liquefaction hazard zones are identified in the supplemental geotechnical investigation, the development plan shall be revised prior to issuance of building permits for each phase, to avoid these areas or the hazard shall be mitigated by densification of the liquefiable soil or other recognized techniques. 5. All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. 6. I£ verified as being required by a qualified soils engineer, existing fill materials and disturbed, loose soils shall be removed and replaced with competent material. For each phase, such reports shall be submitted to, and approved by, the City Engineer prior to issuance of grading permits. All site preparation, excavation, and earthwork compaction operations shall be performed under the observation and testing of soils engineer(s) . PC Minutes - 6/8/88 -5- (0977d) , On, Site Wetlands 7. Subject to the -approval of the Coastal Commission, and as agreed upon by City staff and State Department of Fish and Game staff, the amount of wetland area that shall be mitigated for is .8 acres. 3. To mitigate for the loss of the on-site wetlands, the applicant shall prepare a detailed restoration plan that complies with Coastal Act requirements and Department of Fish and Game criteria. Further discussions with the Coastal Commission, DFG, and U.S. Fish and Wildlife Service will be necessary to determine the most appropriate restoration site, the type of wetland to be restored, the monitoring plan, and other considerations. These issues shall be clarified prior to Coastal Commission review of a Coastal Development Permit for the affected phase of the project. 9 . Full mitigation of the .8 acre site shall be completed prior to the subject wetland site being altered by the proposed project. No development permit for grading, construction or otherwise, shall be issued for the impacting phase until full mitigation has been accomplished. The mitigation measure(s) is subject to the approval of the City, the California State Department of Fish and Game and the California Coastal Commission. The restoration plan shall generally state when restoration work will commence and terminate, shall include detailed diagrams drawn to scale showing any alteration to natural landforms, and shall include a list of plant species to be used, as well as the method of plant introduction (i.e. , seeding, natural succession, vegetative transplanting, etc. ) . This condition does not preclude fulfillment of the mitigation requirement through the payment of an in lieu fee, consistent with the Coastal Commission's adopted wetlands guidelines and the Huntington Beach Local Coastal Program. 10 . Prior to the alteration of the on-site wetland area, a coastal development permit shall be obtained from the California State Coastal Commission. 11. Subsequent to Coastal Commission and Regional Water Quality Control Board approval of an appropriate wetlands mitigation plan, and prior to the filling of the on-site wetland area, a 404 permit from the Corps of Engineers shall be obtained. PC Minutes - 6/8/88 •-6- (0977d) Adiacent wetlands 12. Prior to any alternation of the overall project site by grading or filling activity, a hydrological analysis of the drainage patterns affecting the on-site wetland area or adjacent wetland area shall be conducted by the developer. such analysis shall determine the drainage effects on the wetlands portion of the site. No develop- ment, grading or alteration of the project site shall occur which affects the wetlands or adjacent wetlands without fully analyzing the affects on the on-site wetland and adjacent wetlands . The developer shall provide evidence to the City and to the Department of Fish and Game that the project's runoff management system will deliver approximately the same amount of freshwater urban runoff to these wetlands as under existing conditions, and in approximately the same seasonal pattern. This evidence shall include (a) a hydrological analysis comparing the existing and post-project water supply, and (b) drawing s and a description of the runoff conveyance system in sufficient detail for a qualified engineer to judge its adequacy. The State Department of Fish and Game shall be consulted regarding alteration of the drainage pattern of the site which may affect the above-mentioned wetlands. The developer shall provide the Community Development Department with a written report subs- tantiating compliance with this mitigation measure prior to submittal of grading plans or permit issuance for each phase. 13 . If the developer proposes to increase or decrease the water supply to the wetlands east of Beach Boulevard, or to change the seasonal pattern, the developer shall provide, in addition to the evidence. required in mitigation measure #12, a biolo- gical analysis demonstrating that there would be no significant adverse impacts on the wetlands or associated wildlife. Land Use 14 . The developer shall enhance the property fronting Pacific Coast Highway and Beach Boulevard with a graduated/meandering landscaped setback of not less than 25 feet for residential and 50 feet for commercial, from curbline, along the distance of the entire frontage. Such enhancements shall be depicted in the approved site plan for each commercial phase. The intent of this landscaped setback is to provide a visual and aesthetic buffer for the property to the east. Appropriate landscaping amenities shall be included, to the approval of the Planning Director. 15. Prior to the issuance of building permits for Phase I, the developer shall screen the mobile homes at Pacific Mobilehome . Park (at the western portion of the project site) by means of a six foot high block wall (the length of which to be determined by further acoustical study) on top of a one and one-half foot high berm. Substantial mature landscaping shall also be provided to the approval of the Planning Director. The purpose of this wall is for aesthetic screening and noise attenuation. PC Minutes -. 6/0/8R -7- (0977d) 16 . The developer shall complete the site plan review process established within the Conditional Use Permit regulations to ensure . compatibility with all elements of the City's General Plan and the Local Coastal Program established by the Coastal Commission. Circulation Prior to the issuance of a Certificate of Occupancy for each phase of the commercial portion of the project, the developer shall provide a Transportation Systems Management Plan to the Community Development Director. At minimum, the plan shall include the following: (see items 17-23) 17. The provision of bus or shuttle services to regional activity centers within the County shall be provided to hotel visitors. 18. The provision of shuttle services to local activity centers, including Main Street and the City and State beaches, shall be provided to hotel visitors. 19 . The provision of at-grade and elevated crosswalks to facilitate pedestrian access to beach amenities. 20 . Employee use of public transportation shall be promoted by selling bus passes on-site. 21. The provision of bus shelters, benches and bus pockets near the proposed project, subject to review by the Orange County Transportation District. . 22. The provision of monitored or gated security facilities at all project parking facilities to control use. 23 . The provision of a southbound left turn lane at the intersection of Huntington Street/PCH to improve the flow of left turning traffic. Traffic/Ci rcu l a t ion: 24 . Prior to approval of each subsequent phase beginning with phase 3 of the project, the Planning Commission shall determine the need to conduct a traffic study. This determination will be made in consideration of original technical assumptions and changed traffic or land use conditions. If an additional study is required, the study shall include summer and non-summer peak hour conditions. The study shall be based on local conditions utilizing local statistics and recent traffic counts. The traffic analysis shall be used to determine if additional significant impacts exist which were not addressed in final SEIR 82-2. P!: Minutes - 6/8/88 -8- (0977d) Parking : 25. Prior to approval of each phase of the project, the Planning Commission shall determine the need to conduct a parking study. This determination will be made in consideration of the parking ratios applied to previous phases and performance therof.. Air Ouality 26. Dust suppression measures, such as regular watering and early paving of the road shall be implemented by the project proponent at each phase to reduce emissions during construction and grading. 27. All parking structures shall be ventilated, in conformance with the Uniform Building Code standards, to reduce vehicle emission levels within the facility. The ventilation plans shall be approved prior to issuance of building permits for each parking structure. 28 . Prior to the issuance of Certificate's of Occupancy for each commercial development phase, a Transportation System Management (TSM) plan, as approved by the Planning Director, shall be implemented and shall include the following components: a . The provision of bus or shuttle services to regional activity centers within the County for hotel visitors. b. The provision of shuttle services to local activity centers including Main Street and the City and State beaches during the summer peak periods. c. The provision of at-grade crosswalks and elevated crossings to facilitate pedestrian access to beach amenities. d. A program to promote employee use of public transportation, including the sale of bus passes on-site. e. The provision of bus shelters, benches and bus pockets near the proposed project. Archaeoloav 29 . For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall attend the pre-grade meeting with the contractor, developer and City representative to ensure cooperation for the paleontological monitoring. PC Minutes -- F/9/88 -9- . (0977d) 1 30 . For each development phase of the project a qualified paleontologist, listed with the County of Orange, shall be retained to monitor grading to salvage any fossils exposed by construction activity. 31. For each development phase of the project, if any archaeological or historical materials are found during grading or construction, all work shall cease immediately and a qualified archaeologist shall be contacted in order that the appropriate mitigation measures can be taken. 32. For each development phase of the project, any fossils collected during grading of the Project shall be curated with an appropriate museum facility. Flood 33 . All phases of the project shall conform to mitigation measures specified in EIR 82-2. 34 . The Federal Emergency Management Agency (FEMA) requires that developments within the Special Flood Hazard Zone elevate any habitable areas of a dwelling unit to or above the expected level of flooding for a 100-year event. Non-residential habitable structures must be elevated or flood proofed to FEMA standards. The project shall comply with all mandated FEMA standards. Compliance shall be verified prior to the issuance of building permits for any phase of the project. 35 . For each phase, positive surface gradients shall be provided adjacent to all structures so as to direct surface water run-off and roof drainage away from foundations and slabs, toward suitable discharge facilities. Ponding of surface water shall not be allowed on pavements or adjacent to buildings. 36 . Prior to the issuance of a grading permit for any phase, a grading plan shall be submitted to and approved by the Departments of Community Development and Public Works. The following measures shall be implemented unless noise analyses, performed by a registered acoustical engineer and approved by the Director of Community Development, determine that the construction of all or some of the following measures is not warranted. 37. Prior to the issuance of Certificate of Occupancy for each commercial phase, and subject to approval of the Planning Director, a six foot masonry wall shall be constructed adjacent to existing and proposed . residential properties along Walnut Avenue. Other sound attenuating design features subject to the approval of the Planning Director may be implemented in addition to the masonry wall. PC Minutes = E/8/88 -.].0- . (0977d) 38 . Prior to the issuance of building permits for any residential phase, an acoustical assessment shall be conducted documenting that the proposed six foot sound walls are adequate to reduce noise levels to 65dBA or less in private outdoor living areas (i .e. patio areas) of residence only. Additionally, the assessment shall identify the measures necessary to insure that indoor noise levels will be 45dBA or less, as required by the California Noise Insulation Standards. 39. Prior to the issuance of Certificate of Occupancy for each residential phase, and subject to the approval of the Planning Director, a six foot masonry wall shall be constructed adjacent to proposed residential properties along Beach Boulevard. Other sound attenuating design features may be constructed subject to the approval of the Planning Director. 40. Prior to the issuance of building permits for any commercial phase, an acoustical study shall be prepared addressing the guest rooms in the hotel. The study shall identify all measures necessary to reduce noise levels in guest rooms to 45dBA or less per the California Noise Insulation Standards. Subject to the approval of the Planning Director, the recommended mitigation measures shall be incorporated into the project. 41. Prior to issuance of Certificate of Occupancy for each phase, a landscaped berm shall -be constructed between the masonry wall and the curb edge for noise attenuation. 42. Sweeping operations within all of the parking structures shall be restricted to daytime hours, between 7:00 a.m. and 8:00 p.m. , Monday through Saturday and 10:00 a.m. and 6:00 p.m. on Sundays. 43. A textured parking surface, such as asphalt or textured concrete, shall be used in all of the parking structure to reduce tire squeal. Compliance with this condition shall be verified prior to the issuance of the Certificate of Occupancy for each parking structure. 44 . Design of the parking structure shall incorporate one of the following noise attenuation options: a. Enclose the parking structure's sidewall parallel to the residential area. . b. Allow openings in the structure's sidewalls and place a masonry wall on the top level of the structure parallel to the residential areas. c. Incorporate other sound attenuating design features to the approval of the Planning Director. PC Minutes - 6/8/88 -ll- (0977d) 45. For each development phase that includes a parking structure, a minimum 130 foot• separation between the residential and parking structure uses shall be maintained, or other sound attenuating design features may be incorporated to the approval of the Planning Director. All approved building plans shall reflect the 130 foot separation. Light and Clare 46 . All lighting fixtures in the commercial portion of the project shall be directed so as to prevent "spillage" onto adjacent residential uses . 47. The residential site plan shall be modified to move or reorient the six f units noted on pages 96 and 97 in the DSEIR as being affected by shadows for periods of more than four hours. Emblic v (A. Water) 48. The project shall conform to the City of Huntington Beach Water System - Design Criteria. In addition, separate water lines shall be installed for each phase providing a domestic/potable water supply system and a landscape watering supply system. Compliance with this requirement shall be verified prior to the issuance of building permits for each phase. 49 . The following water conservation measures for the internal use of water shall be included in the project: low flow shower heads and faucets; low flush toilets; insulation of hot water lines in water recirculating systems; compliance with water conservation provisions of the appropriate plumbing code; reduced water pressure. 50. The following water conservation measures for the external use of water shall be included in the project: conservation designs utilizing low water demand landscaping (Xeriscape) ; berming to retain runoff for irrigation; utilization of drip irrigation where feasible; and irrigating only during off peak hours (late evening) . Additionally, any water oriented amenity within the project shall be so designed as to be a self- contained natural or artificially filtered system which reuses water internal to the system. 51. Adequate water supply shall be provided to the site consistent with alternatives described in a letter dated October 20, 1987, City of Huntington Beach (Appendix F) , 'pursuant to the DDA. (B. Gas and Electrical Utilities) 52. Building construction shall comply with the Energy Conservation Standards set forth in Title 24 of the California Adminis- trative Code. PC Minutes - 6/8/88 =12- -(0977d) 53 . The developer shall consult with the Southern California Gas Company during the design phase to ensure efficient -development and installation of natural gas facilities. Methods of energy conservation techniques that shall be considered include: a. Energy efficient concepts in building layout, design and orientation, such as the use of solar water and space heating technologies. b. Comprehensive planning for landscaping to complement new structures and parking lots, thereby minimizing heating and cooling energy use. c. walls, ceiling, floors, windows and hot water lines should be insulated to prevent heat loss or gain per Title 24 regulations. (C. Fire) 54 . The project developer shall work closely with the City of Huntington Beach Fire Department to ensure that adequate fire safety precautions are implemented in the project. All site plans, floor plans and elevations for each phase are subject to the review of the Fire Department. 55. The project developer shall provide the full range of fire and life safety systems in all buildings as recommended by the City of Huntington Beach Fire Department. This provision will aid in reducing the potential manpower required in a major emergency. (D. Police) 56. The developer shall work closely with the police department to ensure that adequate security precautions are implemented in the project. The provision of adequate security precautions shall include construction phases of the project. Such security shall include construction fences and private security patrol. Police services to the development shall be enhanced through the provision of adequate street lighting, clearly marked street names and building numbers and security hardware. (E. Transit) 57. Site plans of the proposed project shall be forwarded to the OCTD as they become available for each phase. The plans will be reviewed in terms of their conformance to the OCTD Design Guidglines_for, Pus ,Facilities. PC Minutes -- 6/8/88 —13=' (0977d) 58. In order to ensure accessibility and available transit service for employees and patrons of this development, the following transit amenities shall be incorporated in this project as "project betterments" and shall be the responsibility of the developer. These measures will also provide incentives for bus ridership and lessen impacts on air quality. Implementation of these measures shall be verified prior to the issuance of Certificate of Occupancy for each phase. a. The existing bus stops shall be preserved or upgraded, and bus turnouts provided, if determined by the City Traffic Engineer and OCTD to be necessary based on traffic volumes, speeds and roadway cross sections. b. Paved, handicapped accessible passenger waiting areas, including a bus shelter, shall be provided at each stop. c. If deemed necessary by the City Traffic Engineer and OCTD, the area adjacent to the turnouts must be able to accom- modate a passenger waiting area complete with a bus shelter and bench. d. A paved, lighted and handicapped accessible pedestrian accessway must be provided between each stop and the project buildings. (F. Oil Wells and Oil Product Pipeline) 59 . The project proponent shall comply with the most current California State Division of Oil and Gas standards and requirements for the reabandonment of the seven on-site wells. 60. If any abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial cementing operation may be required. If such damage occurs, the DOG's district office shall be consulted. 61. Efforts shall be made to avoid building over any abandoned well . If construction over an abandoned well is unavoidable, a DOG approved gas venting system shall be placed over the well. The site plan and/or venting system shall be reviewed by the City' s Fire Department. 62. If after consulting with the owner of the underground gas/oil . line located on-site, it has been determined that a conflict between the project and the underground pipeline facility exists, the subject pipeline (Exhibit E, Addendum to Final SEIR 82-2) shall be relocated under the Pacific Coast Highway/Beach Boulevard right-of-way area, or under the public parking lot area along the west side of Beach Boulevard, or under the open space area in front of the proposed Waterfront project, whichever is most feasible. PC Minutes - 6/8/a8 Mr. & Mrs. Hurst Gentry Ms. Esther Stamp Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1232 21462 Pacific Coast Highway 1234 Huntington Beach CA 92648 - Huntington Beach CA 92648 Ms. Margaret Ann Tarr Mr. William B. Tarr Or Current Resident Or Current Resident 21462 Pacific Coast Highway 4238 21462 Pacific Coast Highway #238 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Ronald Macrory Mr. Kerry Levan Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1240 21462 Pacific Coast Highway 1242 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Carol Levan Mr. John Ezra Lee Or Current Resident or Current Resident 21462 Pacific Coast Highway =242 21462 Pacific Ccast Hwy J1244 Huntington Beach CA 92648 Huntington Beach CA 9264B Ms. Emily May Munson Mr. William Wilkenson Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1246 21462 Pacific Coast Highway 1246 Huntington Beach CA 92648 Huntington Beach CA 92648 i J r-' l' Mr. Robert Brilhart Mr. Darren Brilhart Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1248 21462 Pacific -Coast Highway 1248 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Mrs. Robert Stutler Mr. Scott Bryant Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1250 21462 Pacific Coast Highway #252 Huntington Beach CA 92648 Huntington Beach CA 92648 l Mr. William Baldwin Mr. & Mrs. Carlo DeMarco Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1254 21462 Pacific Coast Highway 1256 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Randy Blanford Ms. Betty Richardson Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1258 21462 Pacific Coast Highway 1260 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Earraza McIntire Ms . Mildred Joh^son Cr Current Resident Or Current Resident 21462 Pacific Coast Highway 9,262 21462 Pacific Coast Highway x262 Huntington Beach CA 92648 Huntington Beach CA 92648 . Ms. Joanna Rhynsburger Ms. Patricia Kolsky Or Current Resident Or Current Resident 21462 Pacific Coast Highway #264 21462 Pacific Coast Highway 1266 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Mark Riehm -Mr. & Mrs. Penrod Rideout Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1268 21462 Pacific Coast Highway 1270 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Steve Wheat Mr. James Duke Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1272 21462 Pacific Coast Highway #274 Huntington Beach CA 92648 Huntington Beach CA 92648 Hs. Carol Montoya Ms. Margarito Montoya Or Current Resident Or Current Resident 21462 Pacific Coast Highway #276 21462 pacific Coast Highway 1276 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. � Mrs. George Sotier Mr. & Mrs. G. Alexander Or Current Resident Or Current Resident 21462 Pacific Coast Highway #278 21462 Pacific Coast Highway 1280 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & tars. Ra1Dh Stone Ms. Sarah Schafer Gr Current Resider- Or Current Resident 21462 Pacific Coast Highway .1282 21462 Pacific Coast Highway 1284 Hun-ington Beach CA 92648 Huntington Beach CA 92646 Ms. Louise Evanstad Ms. Hilary Sween Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1286 21462 Pacific Coast Highway 1288 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Marie Pedro Mr. Wesley Badger Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1290 21462 Pacific Coast Highway 1290 Huntington Beach CA 92648 Huntington Beach CA 92648 � h 1 Ms. Evelyn Claude Estate of Ruth Converse Or Current Resident Or Current Resident 21462 Pacific Coast Highway #301 21462 Pacific Coast Highway 1302 Huntington Beach CA 92648 Huntington Beach CA 92648 t Mr. Steve Fagnant Mr. & Mrs. Robert Shelton Or Current Resident Or Current Resident 21462 Pacific Coast Highway f303 21462 Pacific Coast Highway t304 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Ingrid Gaddis Mr. & Mrs. Stanley Parker Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1305 21462 Pacific Coast Highway D 06 Huntington Beach CA 92648 Huntington Beach CA 92648 v :ir. & Mrs. David C::eney Mr. & Mrs. Reed Blattnan Or Current Resident Or Current Resident 21462 Pacific Coast Highway *307 21462 Pacific Coast Highway 1308 Huntington Beach CA 92648 Huntington Beach CA 92648 rz, Ms. Rose Perez Mr. & Mrs. Manuel Fernandez Or Current Resident Or Current Resident 21462 Pacific Coast Highway t309 21462 Pacific Coast Highway 1310 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Marguerite Stipe Ms. Barbara A. Lupoli. Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1310 21462 Pacific Coast Highway 1311 Huntington Beach CA 92648 Huntington Beach CA 92648 ''�J Ms. Eugenia H. Judson Mr. & Mrs. Ted Hendrix Or Current Resident Or Current Resident 21462 Pacific Coast Highway #311 21462 Pacific Coast Highway 1312 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. 6 Mrs. James Godwin Mr. & Mrs. Phillip Carlin Or Current Resident Or Current Resident 21462 Pacific Coast Highway #313 21462 Pacific Coast Highway 1314 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Patricia Falkenstein Ms. Josephine Moore Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1315 21462 Pacific Coast Hwy 1316 Huntington Beach CA 92648 Huntington Beach CA 92648 Xr. & Mrs. William Franke Ms. Grace Brooks Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1317 21462 Pacific Coast Highway 1318 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Pat Hodge Mr. & Mrs. Harold Jones O: Current Resident Or Current Resident 21462 Pacific Coast Highway #318 21462 Pacific Coast Highway 1319 Huntington Beach CA 92648 Huntington Beach CA 92648 r.� Mr. & Mrs. Bill Humphries Mr. & Mrs. George Fadar Or Current Resident Or Current Resident 21462 Pacific Coast Highway V20 21462 Pacific Coast Highway 1321 Huntington Beach CA 92648 Huntington Beach CA 92648 h. - Mr. Robert Boardman Hs. Mazie Kroesch Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1322 21462 Pacific Coast Highway 1322 Huntington Beach CA 92648 Huntington Bench CA 92648 Mr. & Mrs. Roscoe Mari ovich Ms. Rebecca Bolton Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1323 21462 Pacific Coast Highway J323 Huntington Beach CA 92548 Huntington Beach CA 92648 Ms. Barbara Dittrick Mr. Donald Kolosjnik or Current Resident Or Current Resident 21462 Pacific Coast Highway 1325 21462 Pacific Coast Highway 4325 Huntington Beach CA 92548 Huntington Beach CA 92648 Mr. & Mrs . Dale Wilson Mr. Dan Brennan Or Current Resident Or Current Resident 21462 Pacific Coast Fii hway #326 21462 Pacific Coast Highway 1327 Huntington Beach CA 92548 Huntington Beach CA 92648 r• Mr. & Mrs. Moses Sino Estate of John Hubbard Or Current Resident Or Current Resident 21462 Pacific Coast Hi hway 1328 21462 Pacific Coast Highway r329 Huntington Beach CA 92648 ' Huntington Beach CA 92648 Mr. Roy Eversole Mr. & Mrs. Wayne Combs Or Current Resident �: Or Current Resident 21462 Pacific Coast Hwy 1402 21462 Pacific Coast Highway 1404 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. 6 t s. Joe & Maria I$encar ' Or Current Resident ' 21462 Pacific Coast rlwy 1 329 -- nuntington Beach, CA 92648 • ' - . Mr. Jerome Sokolik Hs. Evelyn Gorman Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1435 21462 Pacific Coast Highway 1435 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. George Elms Ms. Carolyn Wilson Or Current Resident Or Current Resident 21462 Pacific Coast Highway J436 21462 Pacific Coast Highway 1437 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Ida Stoico Mr. & Mrs. Robert Rederer Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1438 21462 Pacific Coast Highway 1439 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Letitia Matlock Ms. Ruth Sawyer or Current Resident Or Current Resident 21462 Pacific Coast Highway t440 21462 Pacific Coast Highway 1#440 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Claudine Hoffman ry Ms. Teri Guy Or Current Resident Or Current Resident - 21462 Pacific Coast Highway 1441 21462 Pacific Coast Highway 22442 Huntington Beach CA 92648 Huntington Beach CA 92648 r- Mr. & Mrs. Willard Gnagy Mr. & Mrs. John Busta Or Current Resident Or Current Resident 21462 Pacific Coast Highway f443 21462 Pacific Coast Highway 1444 Huntington Beach CA 92648 Huntington Beach CA 92648 !.. & Mrs. Alan G. Harris ' Or Current Resident - r 21462 Pacific Coast f'.S•y # 437 - - Huntington Beach, Ch 92648 � - -- -- -- -- 'I tti �Iv Mr. Richard Russell Ms. Frances Tobar Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1405 21462 Pacific Coast Highway 1406 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. '& Mrs. James Blough Mr. & Mrs. Henry Anderson Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1407 21462 Pacific Coast Highway #410 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Kay Fogel Mr. & Mrs. Russell Otting or Current Resident Or Current Resident 21462 Pacific Coast Highway #412 21462 Pacific Coast Highway 1413 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Robert Webb Mr. & Mrs. Sherman Thoao_ son Or Current Resident Or Current Resident 21462 Pacific Coast Highway i414 21462 Pacific Coast Highway *415 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. Edward Sine Mr. & Mrs. Randall Anable Or Current Resident Or Current Resident 21462 Pacific Coast Highway #416 21462 Pacific Coast Highway 1417 Huntington Beach CA 92648 Huntington Beach CA 92648 J� Mr. & Mrs. Ross Dodge Mr. & Mrs. Floyd Curnett Or Current Resident Or Current Resident 21462 Pacific Coast Highway #419 21462 Pacific Coast Highway #420 Huntington Beach CA 92648 Huntington Beach CA 92648 7 ; ms. Patricia P. rielder or Current Resident - .. 21462 Pacific Coast Higl=y # 408 - - - rsunti.zigton Beach, CA 92648 - -- - - - . Mr. & ?irs. Richard Bluel Ms. Dorothy Clement Or Current Resident Or Current Resident 21462 Pacific Coast Highway J421 21462 Pacific Coast Highway #422 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Eleanor Thompson Mr. & Mrs. Kenneth Sidwell Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1423 21462 Pacific Coast Highway 1424 Huntington Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Paul Feeger Mr. & Mrs, Fredrick O'Keefe Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1425 21462 Pacific Coast Highway 1426 Huntington Beach CA 92648 Huntington Beach CA 92648 Ms. Elizabeth Stowell Mr. & Mrs. Ted Turrel2 Or Current Resident Or Current Resident 21.162 Pacific Coast Highway #427 2- 1462 Pacific Coast Highway 1428 ...:ntirgton Beach CA 92648 Huntington Beach CA 92648 Mr. & Mrs. Eldon Van Atta Ms. Barbara McIver Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1429 21462 Pacific Coast Highway 1430 Huntington Beach CA 92648 Huntington Beach CA 92648 Mrs. Robert Junginger Mr. & Mrs. Theodore Tennies Or Current Resident Or Current Resident 21462 Pacific Coast Highway 1431 21462 Pacific Coast Highway 1434 Huntington Beach CA 92648 Huntington Beach CA 92648 Greg Griggs William :Morris Long Beach Telegram - Tompkins & Parrington P.O. Box 230 320 N. Garfield Avenue Lond Beach, CA 90344-0001 Alhambra , CA 91S02-0589 PUBLIC NOTICE NOTICE OF JOINT PUBLIC HEARING CITY COUNCIL/REDEVELOPMENT AGENCY MOBILEHO ISITIO A--- BETWEEN REDEVELOPMENT AGENCY, ROBERT MAYER CORPORATION, DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION, INC. AND INDIVIDUAL TENANTS (MAIN-PIER REDEVELOPMENT PROJECT AREA - WATERFRONT) Notice of a joint public hearing by the City Council of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach on a Mobilehome Acquisition and Relocation Agreement between the Redevelopment Agency of the City of Huntington Beach and the Robert Mayer Corporation and Driftwood Beach Club Mobile Homeowners Association, Inc. and the individual tenants of the Driftwood Beach Club Mobilehome Park. . NOTICE IS HEREBY GIVEN that the City Council of the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach will hold a joint public hearing on August 15, 1988, at 7:00 p.m. , in the Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California, to consider and act upon a Mobilehome Acquisition and Relocation Agreement between the Redevelopment Agency of the City of Huntington Beach, the Robert Mayer Corporation, the Driftwood Beach Club Mobilehome Owners Association, Inc. , and the individual tenants of the Driftwood Beach Club Mobilehome Park. The agreement provides for the acquisition of mobilehomes in Driftwood Mobilehome Park and the relocation of Park tenants. The agreement also provides. for disposition of property pursuant to the Agency leasing to the Association the premises referred to as Ocean View Estates I and II. . Discriptions of the site can be found in the agreement. Copies of the Mobilehome Acquisition and Relocation Agreement are• on file •for public inspection and copying for the cost of duplication at the office of the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, California, between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, exclusive of holidays. Interested persons may submit written comments addressed to the City Clerk of the City of Huntington Beach, Post Office Box 190, Huntington Beach, California, 92648, prior to the hour of 5:00 p.m. on August 12, 1988 . At the time and place noted above, all persons interested in the above matter may appear and be heard. CITY OF HUNTINGTON BEACH, Connie Brockway, City Clerk Dated July 2B, 1988 (1038d) r� PUBLIC NOTICE NOTICE OF JOINT PUBLIC HEARING CITY COUNCIL/REDEVELOPMENT AGENCY DISPOSITION AND DEVELOPMENT AGREEMENT - BETWEEN THE REDEVELOPMENT AGENCY AND ROBERT MAYER CORPORATION (MAIN-PIER REDEVELOPMENT PROJECT AREA - WATERFRONT) Notice of a joint public hearing by the City Council of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach on a Disposition and Development Agreement between the Redevelopment Agency of the City of Huntington Beach and the Robert Mayer Corporation. NOTICE IS HEREBY GIVEN that the City Council of the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach will hold a joint public hearing on August 15, 1988, at 7:00 p.m. , in the Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California, to consider and act upon an Disposition and Development Agreement between the Redevelopment Agency of the City of Huntington Beach and the Robert Mayer Corporation. The agreement provides for the development of a mixed use project on 44 acres of land fronting the inland side of Pacific Coast Highway between Huntington Street and Beach Boulevard. The proposed project will feature 4 hotels with approximately 1500 rooms. Commercial uses will include a health and tennis club, retail plaza with restaurants, and a shopping plaza. The development will also feature a residential component. The proposed project is covered by Final Environmental Impact Report and Supplemental Environmental Impact Report 82-2. The City Council/Redevelopment Agency will consider certification of said Environmental Impact Report and Supplemental Environmental Impact Report No. 82-2. Copies of the Disposition and Development Agreement and the Environmental Impact Report are on file for public inspection and copying for the cost of duplication at the office of the City Clerk, City of Huntington Beach, 2000 Main Street, Huntington Beach, California, between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, exclusive of holidays. Interested persons may submit written comments addressed to the City Clerk of the City of Huntington Beach, Post Office Boa 190, Huntington Beach, California, 92648, prior to the hour of 5:00 p.m. on August 12, 1988. At the time and place noted above, all persons interested in the above matter may appear and be heard. CITY OF HUNTINGTON BEACH, Connie Brockway, City Clerk Dated July 28, 1988 (1038d) t Randall M. Labeda Webster Baker Franklin Chu 7821 Sailboat Cir. 7836 Sailboat Cir. 3717 Hemlock Dr. Huntington Beach, CA 92648 - Huntington Beach, CA 92648 San Bernardino, CA 92404 937;-15-002 937-15-022 937-15-045. Roger W. Kennedy Ivan Hopkins Carol Valcarcel 8601 Crockett Cir: 7841 Seabreeze Dr. #23 7766 Seabreeze Dr. Westminster, CA 92683 Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-004 937-15-023 937-15-046 Louis Abbondante Ronald Grandstaff Robert Ray 7805 Sailboat Cir. 15052 Springdale St. Ste D 7956 Southwind Cir. Huntington Beach, CA 92648 Huntington Beach, CA 92649 Huntington Beach, CA 92648 935-15-005 937-15-029 937-15-055 Abadaliah Aish Gary Stillwell Donald Warren 7756 Sailboat Cir. 7781 Seabreeze Dr. >:2804 Kelly Square Huntington Beach, CA 92648 : Huntington Beach, CA 92648 Vienna, VA 22180 937-15-008 937-15-034 937-15-058 Ahmed Namoury Ben Williams Thomas Ewens 91 Echo Hill Rd. 18153 Brookhurst St. 7876 Seabreeze Dr. Stanford, Cr 06903 Fountain Valley, CA 92708 Huntington Beach, CA 92648 935-15-018 937-15-038 937-15-063 Lap Kwan Shea - Michael Ray Roy Edward Farmer 20867 Missionary Ridge St. 7756 Seabreeze Dr. 7882 Seabreeze Dr. Walnut, .CA 91789 „ Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-020 937-15-044 935-15-064 Brian Hataishi Claude Yacoel Ann.-Butler 7925 Seabreeze Dr. 16215 Wayfarer Ln. P.O. Box 742 Huntington Beach, CA 92648 Huntington Beach, CA 92649 Huntington Beach, CA 92648 937-15-080 937-15--090 937-15-103 Wayne Eisenhower Shirley Shaver T. E. Tyner 2421 McCready Ave. 7856 Moonmist Cir. 14901 Featherhill Rd. Los Angeles, CA 90039 Huntington Beach, CA 92648 Tustin, CA 92680 937-15--081 937-15-092 937-15-104 Paul Ison N Thomas Stilley Geoffrey Jenkins .. 7905 Seabreeze Dr. 7862 Moonmist Cr. 7966 Moonmist Cir. HuntingtonBeach,- CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92684 937-15-083 937-15-093 937-15-106 Donald Findley Walter Steware _ Charles-Wood 7901 Seabreeze Dr. 7912 Moonmist Cir. 5242 Via Bernardo Huntington Beach, CA 92648 Huntington Beach, CA 92648 Yorba Linda, CA 92686 937-15-084 - 937-15-100 937-15-108 Charles Nichols Christopher De Marche Charles Wood 7881 Seabreeze Dr. 7916 loonmist Cir. 5242 Via Bernardo Huntington Beach, CA 92648 Huntington Beach, CA 92648 Yorba Linda, CA 92686 937--15-087 937-15--101 • .937-15-109 Steven Cobb Glenn Crabtree Gary Irons 7871 Seabreeze Dr. 5101 El Cedral St. 7985 Moonmist Cir. Huntington Beach, CA 92648 Long Beach, CA 90815 Huntington Beach, CA 92648 937-,15-089 937-15-102 937-15-111 Dale Mason S. Parneka Higgins Charles Wood 7981 Moonmist Cir. 7861 Moonmist Cir. #129 5242 Via Bernardo Huntington Beach, CA 92648 Huntington Beach, CA 92648 Yorba Linda, CA 92686 937-15-112 937-15-129 937-15-154 John Taylor Douglas Ray Thomas Ewens 201 W. Collins# Sp. 86 7956 Southwind Cir. 7941 Southwind Cir. Orange, CA 92667 Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-116 937-15-148 937-15-158 Joseph EE-Siriporn Jess Edmonds Thomas Loughran 737 E. Bethany Rd 4801 W. lst St., #115 1607 Lacretia Ave. Burbank, CA 91504 Santa Ana, CA 92703 Los Angeles, CA 90026 937-15-117 935-15-149 937-15-167 Claude Lee Alf Marrin George 04Connor 6911 Sunset Ridge Cir. 7985 Southwind Cir. #151 7866 Seawind Cir. Canoga Park_, CA 91307 Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-118 937-15-151 937-15-170 Charles Wood Hector Ochoa Franklin Gravett 5242 Via Bernardo 7981 Southwind Cir. 7882 Seawall Cir. Yorba Linda, CA 92686 Huntington Beach,- CA 'Huntington Beach, CA 92648 937-15-119 937--15-152 937-15-173 Joseph Imarah Dorothy Collins Jacqueline Gunter 7871 Moonmist Cir. 19027 Pacific Hwy S., •0159 7916 Seawall Cir. Huntington Beach, CA 92648 Seattle, WA 98188 Huntington Beach, CA 92648 937-15-127 .935-15-153 937-15-178 John S. Taylor Phyllis Ann Berck, Steven Priest 201 Collins Ave. 486 P.O. Box 1536 320 Joshua Tree Ln. Orange, CA 92667 Huntington Beach, CA 92648 Martinez, GA 30907 937-15-188 937-15-216 937-15-229 Harvey Hyams Morton Nash -- Kenneth Scott 7881 Seawell Cir. 16202 Culpepper Cir, 7911 Waterford Cir. Huntington Beach, CA 92648 Huntington, CA 92648 Huntington Beach, CA 92648 937-15-202 937-15-217 937-15-233 Ken Pierce 786 u� #2oa Kent Pierce Harry Joe Charles Diercksmeier 7865 Seawall Cir„ #204 - 7946 Waterfall Cir. 7905 Waterford Cir. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-204 937-15--218 937-15-234 Bung Ling Fco Lawan Kathanant Randall Dyer 7376 Waterfall Cir. 737 E. Bethany 259-B Hillcrest Dr. H-antington Beach, CA 92648 Burbank, CA 91504 Leucadia, CA 92024 935=15-207 937-15-218 937-15-239 Daniel Mills Alvaro Edwards Clark Michael Daneron 7916 Waterfall Cir. 19883 Brookhurst St. 22704 Villa Castillo Huntington Beach, CA 92648 Huntington Beach, CA 92648 El Toro, CA 92630 937-15-213 937-15-225 937-15-240 Eugene Pipoly Peter Mielen Hiroshi Hamada 7704 Fostoria St. 16641 Merrivale Ln. - 25031 Sausalito St. Downey, CA 90241 Pacific Palisades, CA 90272 Laguna Hills, CA 92653 937-15-214 937-15-227 937-15-241 Robert Belair David Randazzo Mary Hemnes & Joan Hemnes 21026 Poolside Ln. 2942 Clark Ave. 11 Westport Rd., Unit #37 Huntington Beach, CA 92648 Long Beach, CA 90808 Wilton, CT. 06897 937-15-242 _ 937-15-249 937-15-258 Martin Owens Terri Bell Alexander Dallal 21032 Poolside Ln. 21066 Poolside Ln. _ 2712 Oakhurst Ave. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Los Angeles, CA 90034 Gary Melvgin James Pipkin Toshiro Seto 21036 Poolside Ln. 21072 Poolside Ln. 21136 Poolside Ln. Huntington Beach, CA 92648 Huntington' Beach, CA 92648 Huntington Beach, CA 92648 , 937-15-244 937-15-251 937-15-262 Kris Olson Ray.-Grier Willis Allen 21046 Poolside 'Ln. P.O. Box 651 7826 Bayport Dr. Huntington Beach, CA 92648 Lake Arrowhead, CA 92352 _ Huntington Beach, CA 92648 937-15-245, 246 937-15-252 937-15-263 Craig Montgomery Robert Henryson Charles Reeve 21052 Poolside Ln. 378 Avocado Crest 7822 Bayport Dr. Huntington Beach, CA 92648 La Habra Heights, CA 90631 Huntington Beach, CA 92648 937-15-247 937-15-253 937-15-264 Frank Bell Eric De Garston Nary Bok No 21056 Poolside Ln. 21106 Poolside Ln. 7816 Mayport Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Newport Beach, CA 92660 937-15-248 935-15-257 937-15-265 Peter Ungar Richard Caruso Elaine Ishida 7812 Bayport Dr. 7821 Seaglen Dr. 7776 Seaglen Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-266 937-15-273 937-15-285 Leonard Smith W. Robert Shilland Jerry Williams 20786 Skimmer Ln, 7825 Seaglen Dr. 7772 Seaglen Dr. Huntington Beach, CA 92646 Huntington Beach, CA 92648 . Huntington Beach, CA 92648 ' 937-15-267 937-15-274 937-157286 Phillip Vinson ; Dennis Reicks 7802 Bayport Dr. ? 7832 Seaglen Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-268 . 937-15-275 _ Jeffrey Shon Joe Quaknine ' 7801 Seaglen Dr. 7806 Seaglen Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-269 937-15-280 Lois Cardinal Donald Ross 7805 Seaglen Dr. 7796 Seaglen Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-270 937-15-281 Alan Moberg Donald Dey 7811 Seaglen Dr. 7782 Seaglen Dr. Huntington Beach, CA 92648 Huntington Beach, CA 92648 937-15-271 937-15-284 - i c210�:. :dc. Ln c2em a .Gait- AVc. 11 UJC5t Fxx-ti t-d , Un L} '*3'7 Ctf, l (,47, _ Lorx� e3- - ► CA 90908` Wtltxx) F Cr O(O�97 437 - 15 alb - 93 7-15- 9 93'7- 15 - C953 Martin O e�ejl 021 D3 c+r__L-r1 oc lOCa(P �x#•a►dc. 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Lett�ar,c,�, a54 -8 Hilicr. t }�.8• , Cq gara4K B�r�� C+� �'�504 Lwc�.d�, cp, 4a�� 937- 15 - ;07 I3'7- 15 - ¢a3 93"7 -15-«37 "79 I U c 1 Gr - 1(?&3 -_.Ormj--hur--+ zq- a,2706, ViVeL 0.0 5+ Ito H, B. ) CA ac048 1V.6._, CA 5�z-1€ F-1 Toro, CA e),zeo 937 - 15 ` A3 937 - IS ?37-15 - c��Q '77704 ,G.. st l ti (M�xr� t_n :503I Sc�vt,,a�'40 St �oa.7�, _ 937- is -�,i4 437- 19 - aa.7 937- 1a- c;N1 H CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Doug La Belle From _ Art De La Loza Deputy City Admin./ Deputy City Attorney Dir .. of Comm. Development Date Subject Driftwood Master Lease August 1, 1988 Agreement The above has been completed based upon the "Deal Points" provided by Tom Clark . By carbon copy her I request that the City Clerk maintain a copy of such agreement and file for review, since it is set for the August 15 , 1988 , agenda. According to our agency special counsel, this procedure is accep le despite the fact that the parties have not yet rea ed �greement on the entire contract language . ART DE LA LCIZA Deputy City Attorney cjb cc: City Clerk MASTER LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DRIFTWOOD HOMEOWNERS' ASSOCIATION FOR OCEAN VIEW ESTATES This Lease, dated, for reference purposes only, August , 1988, is made by and between the City of Huntington Beach (herein called "LESSOR" ) and the Driftwood Homeowners' Association ("LESSEE" ) . WHEREAS, LESSEE desires to hire certain real property owned by LESSOR, and LESSOR desires to let such real property to LESSEE, NOW, THEREFORE, in consideration of the covenants and promises herein contained, the parties do hereby agree as follows: SECTION 1. CONDITIONS PRECEDENT TO THE LEASE . 1.1 . Alterations and Improvements . LESSOR shall make alterations and improvements to the Premises according to the plans (attached hereto and incorporated herein by this reference as Exhibit 1) (the "Improvement Plans" ) . The Improvement Plans shall be approved by the LESSEE and the City of Huntington Beach. 1 .2 . New Corporation. The Driftwood Homeowners' Association shall form a new corporation and transfer this lease to such new corporation. SECTION 2. PREMISES PARKING AND COMMON AREAS. 2 .1 . Premises . LESSOR hereby leases to LESSEE and LESSEE leases from LESSOR for the term, at the rental, and upon all of the conditions set forth herein, real property situated in the County of Orange, State of California, commonly known as Ocean View Estates, Huntington Beach, California herein referred to as the "Premises" (as indicated on Exhibit 2 attached hereto and incorporated herein by this reference) , including rights to the Common Areas as hereinafter specified. 2 .2 . Vehicle Parking. LESSEE shall be entitled to parking spaces, unreserved and unassigned, on those portions of the Common Areas designated by LESSOR for parking. LESSOR shall at all times provide the parking facilities required by applicable law and in no event shall the number of parking spaces that LESSEE is entitled to under paragraph 2 .2 . be reduced. -1- 2 .3 . Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises that are provided and designated by the LESSOR from time to time for the general non-exclusive use of LESSOR, LESSEE and of sublessees of the Premises and their respective employees, suppliers, shippers, customers and invitees, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. 2.4 . Common Areas - LESSEE's Rights. LESSOR hereby grants the LESSEE, for the benefit of LESSEE and its employees, suppliers, shippers, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by LESSOR under the terms hereof. 2 .5. Common Areas - Rules and Regulations. LESSOR or such other person(s) as LESSOR may appoint shall have the exclusive control, management and maintenance of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. LESSEE agrees to abide by and conform to all such rules and regulations, and to cause its Sublessees and their employees, suppliers, shippers, customers, and invitees to so abide and conform. 2.6 . Common Areas - Changes. LESSOR shall have the right, with LESSEE's approval, from time to time to; (a) Make changes to the Common Areas; (b) Close temporarily any of the Common Areas for maintenance purposes as long as reasonable access to the Premises remains available; and, (c) Use the Common Areas while engaged in making additional improvements, repairs or alterations to the Premises or any portion thereof. SECTION 3. TERM. The term of this Lease shall be for twenty-five (25) years commencing on August , 1988, and ending on August , 2013, unless the date tFiat the first coach is moved to t-e Premises from Driftwood Mobile Home Park is at a later date, in which case this Lease shall commence on such later date and continue for a term of twenty-five (25 ) years from and after such later date. SECTION 4 . RENT. 4.1. Base Rent. LESSEE shall pay to LESSOR, as "Base Rent" for the Premises, without any offset or deduction, except as may be otherwise expressly provided in this Lease, -2- 9% per year of the City's cost of construction, including clubhouse, office, common areas, and streets. For purposes hereof, the cost of construction shall not exceed a figure equal to the total number of pads times t25,000 . The Base Rent shall be paid monthly at a sum equal to the rate of 1/12 of the above 9% figure. A cost-of-living increase shall be applied to such Base Rent with a minimum of 3% per year and a maximum of b$ per year. Rent for any period during the term hereof which is less than one month shall be a pro rata portion of the Base Rent. Rent shall be payable to LESSOR at the address stated herein or to such other persons or at such other places as LESSOR may designate in writing. 4 .2 . Operating Expenses. The Base Rent shall not include payment for operating expenses as hereinafter defined, during each calendar year of the term of this Lease. "Operating Expenses" is defined, for the purposes of this Lease, are all costs incurred by LESSEE, if any, for : (a) The operation, repair and maintenance, in neat, clean, good order and conditions, of the following: (1 ) The Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, Common Area lighting facilities, and fences and gates; (2 ) Trash disposal services; (3) Tenant directories; (4 ) Fire detection systems including prinkler system maintenance and repair;and, (5) Security Services. (b) The cost of water, gas and electricity to service the Common Areas. SECTION 5 . USE. 5.1. Use. The Premises shall be used and occupied as a mobile home park. 5.2 . Compliance with Law. (a) LESSOR warrants to LESSEE that the Premises in the state existing on the date that the Lease term commences, does not violate any conversant or restriction of record, or any applicable building code, regulation or ordinance in effect on such Lease term commencement date. in the event it is determined that this warranty has been violated, then it shall be the obligation of the LESSOR, after written notice from LESSEE and at LESSOR's sole cost and expense, to rectify any such violation within a reasonable time. -3- (b) Except as provided in paragraph 6.2(a) , LESSEE shall, at LESSEE 's expense, promptly comply with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements of any fire insurance underwriters or rating bureaus, now in effect or which may hereafter come into effect, whether or not they reflect a change in policy from that now existing, during the term or any part of the term hereof, relating in any manner to the Premises and the occupation and use by LESSEE of the Premises and of the Common Areas . LESSEE shall not use nor permit the use of the Premises or the Common Areas in any manner that will tend to create waste or a nuisance or shall tend to disturb other uses of the Premises. 5.3 . Condition of Premises. (a) LESSOR shall deliver the Premises to LESSEE clean and free of debris and with the Improvements specified in Section 1 completed on the Lease commencement date and LESSOR warrants to LESSEE that the plumbing, lighting, air conditioning (if any) and heating in the Premises shall be in good operating condition on the Lease commencement date. In the event that it is determined that this warranty has been violated, then it shall be the obligation of LESSOR, after receipt of written notice from LESSEE setting forth with specificity the nature of the violation, to promptly, at LESSOR's sole cost, rectify such violation. (b) Except as otherwise provided in this Lease, LESSEE hereby accepts the Premises in their condition existing as of the Lease commencement date or the date that LESSEE takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. SECTION 6 . MAINTENANCE, REPAIRS, ALTERATIONS_ AND COMMON_ AREA SERVICES. 6.1. LESSEE 's Obligations. Subject to the provisions of paragraphs 4 .2 (Operating Expenses) , 5 (Use) and 6.2 (LESSEE 's Obligations) and except for damage caused by any negligent or intentional act or omission of LESSOR, LESSOR's employees, suppliers, shippers, customers, or invitees, in which event LESSOR shall repair the damage, LESSEE, at LESSEE 's expense, shall keep in good condition and repair the foundations, exterior walls, structural condition of interior bearing walls, and roof of any building on the Premises, as well as the parking lots, walkways, driveways, landscaping, fences, signs and utility installations of the Common Areas and all parts thereof, as well as providing the services for which there is an Operating Expense pursuant to paragraph 4 .2 LESSEE shall -4- and be obligated to paint the exterior or interior surface of exterior walls, and shall be required to maintain, repair or replace windows, doors and/or plate glass of the Premises. In the case of latent defects, LESSEE shall have no obligation to make repairs under this paragraph 6 .1 until a reasonable time after receipt of written notice from LESSOR of the need for such repairs. LESSEE expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford LESSEE the right to make repairs at LESSOR's expense or to terminate this Lease because of any alleged LESSOR's failure to keep the Premises in good order, condition and repair. LESSOR shall not be liable for damages or loss of any kind or nature by reason of LESSOR's failure to furnish any Common Area Services when such failure is caused by accident, breakage, repairs, strikes, lockout, or other labor disturbances or disputes of any character, or by any other cause beyond the reasonable control of LESSOR. 6.2 . LESSEE's Further Obligations. (a) In addition to the provisions of paragraphs 5 (Use) and 6 .1 (LESSEE's Obligations) , LESSEE, at LESSEE 's expense, shall also keep in reasonably good order, condition and repair the Premises and every part thereof including, without limiting the generality of the foregoing, all plumbing, heating, ventilating and air conditioning systems, electrical and lighting facilities and equipment within the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows, doors, plate glass, and skylights located within the Premises. (b) If LESSEE fails to perform LESSEE's obligations under this paragraph 6 .2 or under any other paragraph of this Lease, LESSOR may enter upon the Premises after ten (10) days' prior written notice to LESSEE (except in the case of emergency, in which no notice shall be required) , perform such obligations on LESSEE's behalf and put the Premises in good order, condition and repair, and the cost thereof, together with interest thereon at the maximum rate then allowable by law, shall be due and payable as additional rent to LESSOR together with LESSEE 's next Base Rent installment. (c) On the last day of the term hereof, or on any sooner termination, LESSEE shall surrender the Premises to LESSOR in the same condition as received, ordinary wear and tear excepted, clean and free of debris. Any damage or deterioration of the Premises shall not be deemed ordinary by the installation or removal of LESSEE 's trade fixtures, alterations, furnishings and equipment. Notwithstanding anything to the contrary otherwise stated in this Lease, LESSEE shall leave any air lines, power panel, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing and fencing on the Premises in good operating condition. -5- SECTION 7. INSURANCE; INDEMNITY. 7.1. Liability Insurance - LESSEE. LESSEE shall, at LESSEE 's expense, obtain and keep in force during the term of this Lease a policy of Combined Single Limit Bodily Injury and Property Damage Insurance insuring LESSEE and LESSOR against any liability arising out of the use, occupancy or maintenance of the Premises. Such insurance shall be in an amount not less than $500,000 per occurrence. The policy shall insure performance by LESSEE of the indemnity provisions of this paragraph 7.1. 7.2 . Liability Insurance - LESSEE. LESSEE shall obtain and keep in force during the term of this Lease a policy of General Liability insurance consistent with City of Huntington Beach Resolution No. 5835 insuring against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. 7.3 . Property Insurance. LESSEE shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Premises, including LESSEE 's personal property, fixtures, equipment or tenant improvements, in an amount not to exceed the full replacement value thereof, as the same may exist from time to time, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event same is required by a lender having a lien on the Premises) , special extended perils ("all risk," as such term is used in the insurance industry) , plate glass insurance and such other insurance as LESSOR deems advisable. In addition, LESSEE shall obtain and keep in force, during the term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable to LESSOR, which insurance shall also cover all operating expenses for said period. 7.4 . Indemnity. LESSEE shall indemnify and hold harmless LESSOR from and against any and all claims arising from LESSEE's use of the Premises, or from the conduct of LESSEE's business or from any activity, work or things done, permitted or suffered by LESSEE in or about the Premises or elsewhere and shall further indemnify and hold harmless LESSOR from and against any and all claims arising from any breach or default in the performance of any obligation on LESSEE 's part to be performed under the terms of this Lease, or arising from any act or omission of LESSEE, or any of LESSEE 's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against LESSOR by reason of any such claim, LESSEE upon notice from LESSOR shall defend the same at LESSEE 's expense by counsel reasonably satisfactory to LESSOR and Lessor shall cooperate with LESSEE in such defense. LESSEE, as a material part of the consideration to LESSOR, -6- hereby assumes all risk of damage to property of LESSEE or injury to persons, in, upon or about the Premises arising from any cause and LESSEE hereby waives all claims in respect thereof against LESSOR. SECTION 8. REAL PROPERTY TAXES. 8 .1 . Payment of Tax Increase. LESSEE shall pay any real property or possessory interest tax, as defined in paragraph 8 .2 below, applicable to the Premises. 8.2 . Definition of "Real Property Tax." As used herein, the term "real property tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bonds or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of LESSOR in the Premises or in any portion thereof, as against LESSOR's right to rent or other income therefrom, and as against LESSOR's business of leasing the Premises. The term "real property tax" shall also include any tax, fee, levy, assessment or charge (i ) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the definition of "real property tax, " or (ii) the nature of which was hereinbefore included within the definition of "real property tax," or (iii ) which is imposed by reason of this transaction, any modifications or changes hereto, or any transfers hereof. SECTION 9 . UTILITIES. LESSEE shall pay for all water, gas, heat light, power, telephone and other utilities and services supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to the Premises, LESSEE shall pay at LESSOR's option, either LESSEE's share or a reasonable proportion to be determined by LESSOR of all charges jointly metered with other part of the Premises. SECTION 10. ASSIGNMENT AND SUBLETTING. 10 .1. LESSEE 's Right to Sublet. LESSEE shall have the right to assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of LESSEE's interest in the Lease or in the Premises only with LESSOR'S prior written consent. 10 .2 . No assignment shall release LESSEE of LESSEE 's obligations hereunder or alter the primary liability of LESSEE to pay the Base Rent and to perform all other obligations to be performed by LESSEE hereunder. _7_ SECTION 11. DEFAULT;_ REMEDIES. 11.1 . Default. The occurrence of any one or more of the following events shall constitute a material default of this Lease by LESSEE: .(a) The failure by LESSEE to make any payment or rent or any other payment required to be made by LESSEE hereunder, as and when due, where such failure shall continue for a period of fifteen (15) days after written notice thereof from LESSOR to LESSEE. (b) Except as otherwise provided in this Lease, the failure by LESSEE to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by LESSEE where such failure shall continue for a period of thirty (30) days after written notice thereof from LESSOR to LESSEE; provided, however, that if the nature of LESSEE 's noncompliance is such that more than thirty (30) days are reasonably required for its cure, then LESSEE shall not be deemed to be in default if LESSEE commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 11.2 . Remedies. In the event of any such material default by LESSEE, LESSOR may at any time thereafter, with or without notice or demand and without limiting LESSOR in the exercise of any right or remedy which LESSOR, have by reason of such default: (a) Terminate LESSEE 's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate and LESSEE shall immediately surrender possession of the Premises to LESSOR. In such event LESSOR shall be entitled to recover from LESSEE all damages incurred by LESSOR by reason of LESSEE's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that LESSEE proves could be reasonably avoided that portion of the leasing commission paid by LESSOR applicable to the unexpired term of this Lease. (b) Maintain LESSEE's right to possession in which case this Lease shall continue in effect whether or not LESSEE shall have vacated or abandoned the Premises. In such event LESSOR shall be entitled to enforce all LESSOR's -8- rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to LESSOR under the laws or judicial decisions of the state wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations Of LESSEE under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law. 11 .3. Default by LESSOR. LESSOR shall not be in default unless LESSOR fails to perform obligations required of the LESSOR within a reasonable time, but in no event later than thirty (30 ) days after written notice by LESSEE to LESSOR, specifying wherein LESSOR has failed to perform such obligation; provided, however, that if the nature of LESSOR's obligation is such that more than thirty (30 ) days are required for performance then LESSOR shall not be in default if LESSOR commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 11 .4 . Remedies for LESSEE. In the event of a default by LESSOR, LESSEE may abate its rent due to recover any damages suffered as a result of the default. SECTION 12 . CONDEMNATION. If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation" ) , this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent of the area of the Premises, or more than twenty-five percent of that portion of the Common Areas designated as parking for the Premises, is taken by condemnation, LESSEE may, at LESSEE 's option, to be exercised in writing only within ten (10 ) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) , terminate this Lease as of the date the condemning authority takes such possession. If LESSEE does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the proportion that the area of the Premises taken bears to the total area of the Premises. No reduction of rent shall occur if the only area taken is that which does not have the Premises located thereon. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of LESSOR, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that LESSEE shall be entitled to any award for loss of or damage to LESSEE's trade fixtures and removable personal -9- property. In the event that this Lease is not terminated by reason of such condemnation, LESSOR shall to the extent of severance damages received by LESSOR in connection with such condemnation repair any damage to the Premises caused by such condemnation except to the extent that LESSEE has been reimbursed thereof by the condemning authority. LESSEE shall pay any amount in excess of such severance damages required to complete such repair. SECTION 13. BROKER'S FEE. All parties certify that no brokerage fee is due as a result of this Lease. SECTION 14 . SEVERABILITY. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. SECTION 15. INTEREST ON PAST-DUE OBLIGATIONS. Except as expressly herein provided, any amount due to LESSOR not paid when due shall bear interest at the maximum rate then allowable by law from the date due. Payment of such interest shall not excuse or cure any default by LESSEE under this Lease; provided, however, that interest shall not be payable on late charges incurred by LESSEE nor on any amounts upon which late charges are paid by LESSEE. SECTION 16. TIME OF ESSENCE . Time is of the essence with respect to the obligations to be performed under this Lease. SECTION 17 . . INCORPORATION OF PRIOR AGREEMENTS; AMENDMENTS. This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior or contemporaneous agreement or understanding pertaining to any such matter shall be effective. This lease may be modified in writing only, signed by the parties in interest at the time of the modification. SECTION 1B. NOTICES. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to LESSEE or to LESSOR at the address noted below the signature of the respective parties, as the case may be. Either party may by notice to the other, specify a different address for notice purposes. A copy of all -10- notices required or permitted to be given to LESSOR hereunder stall be concurrently transmitted to such party or parties at such addresses as LESSOR may from time to time hereafter designate by notice to LESSEE. SECTION 19. RECORDING. Either LESSOR or LESSEE shall, upon request of the other, execute, acknowledge and deliver to the other a "short form" memorandum of this Lease for recording purposes. SECTION 20. HOLDING OVER. If LESSEE, with LESSOR's consent, remains in possession of the Premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of LESSEE. SECTION 21. CUMULATIVE REMEDIES. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. SECTION 22 . BINDING EFFECT; CHOICE OF LAW. Subject to any provisions hereof restricting assignment or subletting by LESSEE and subject to the provisions of paragraph 10, this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the laws of the State of California and any litigation concerning this Lease between the parties hereto shall be initiated in Orange County. SECTION 23 . SUBORDINATION AND NONDISTURBANCE. 23 .1 . Subordination. This Lease, at LESSOR's option, may be subordinate to any mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the Premises and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. 23 .2 . Attornment. LESSEE agrees to execute any documents required to effectuate an attornment, subordination or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. LESSEE 's failure to execute such documents within ten (10) days after written demand shall constitute a material default by LESSEE hereunder without further notice to LESSEE or, at LESSOR's option, LESSOR shall execute such documents on behalf of LESSEE as LESSEE 'S attorney-in-fact. LESSEE does hereby make, constitute and irrevocably appoint LESSOR as LESSEE 's attorney-in-fact and in LESSEE's name, place and stead, to execute such documents in accordance with this paragraph 23 .2 . -11- SECTION 24 . ATTORNEY 'S FEES. If either party brings an action to enforce terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by the losing party as fixed by the court. SECTION 25 . LESSOR'S ACCESS. LESSOR and LESSOR's agents shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same, showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, improvements or additions to the Premises as LESSOR may deem necessary or desirable. SECTION 25 . CONSENTS. wherever in this Lease the consent of one party is required to as act of the other party, such consent shall not be unreasonably withheld or delayed. SECTION 27. QUIET POSSESSION. Upon LESSEE paying the rent for the Premises and observing and performing all of the covenants, conditions and provisions on LESSEE 's part to be observed and performed hereunder, LESSEE shall have quiet possession of the Premises for the entire term hereof subject to all of the provisions of this Lease. The individuals executing this Lease on behalf of LESSOR and LESSEE represent and warrant to LESSOR and LESSEE that they are fully authorized and legally capable of executing this Lease on behalf of LESSOR and LESSEE. SECTION 28. EASEMENTS. LESSOR reserves to itself the right, from time to time, to grant such easements, rights and dedications that LESSOR deems necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by LESSEE . LESSEE shall sign any of the aforementioned documents upon request of LESSOR and failure to do so shall constitute a material default of this Lease by LESSEE without the need for further notice to LESSEE. SECTION 29. AUTHORITY. Each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity. -12- SECTION 30. SUBLEASES. All subleases shall contain the following language: Warning: Read_ the _following paragraph before executing this sublease agreement: ACKNOWLEDGEMENT OF NON-ELIGIBILITY FOR RELOCATION BENEFITS. The subleased Premises is within a redevelopment project area, however the Sublessee, if displaced would not be entitled to relocation benefits pursuant to Government Code S§ 7262 et seq by virtue of the fact that the Premises have heretofore been or will be acquired and are being held by Sublessor expressly for redevelopment purposes . Sublessee hereby acknowledges that no benefits are available and expressly waives any claim to Relocation Benefits pursuant to Civil Code § 3513. { ? Initial LESSEE Attest Secretary Chairman APPROVED AS TO FORM: LESSOR Agency Counsel APPROVED AS TO CONTENT: Special Agency Counsel -13- r. JUL 2 bb h r FT MOBILEHOME ACQUISITION AND RELOCATION AGREEMENT This MOBILEHOME ACQUISITION AND RELOCATION AGREEMENT ("Agreement" ) is entered into this day of 1988 by and among the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ( "Agency" ) , RLM PROPERTIES, LTD. , a California Limited Partnership ("RLM" ) , DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION, INC. , a California Non-Profit Corporation ( "Association" ) and the INDIVIDUAL TENANTS of the Driftwood Beach Club Mobile Home Park, who have executed this Agreement ( individually "Tenant" and collectively "Tenants" ) . RECITALS A. The City of Huntington Beach ("City" ) is the owner of that certain real property comprised of approximately 44 acres, shown on the Site Map attached hereto as Exhibit A and incorporated herein by reference ("Site") . B. In 1963 the City entered into a lease ("Master Lease" ) with the original Master Tenant , of which RLM is a successor in interest , for the development and use of the Site as a Mobilehome Park, golf course, clubhouse , pool , hotel , restaurant and gas station. Under the provisions of this Master Lease the term expires in the year 2013. C. RLM contends that the Mobilehome Park, clubhouse and pool are separate from the other operations described above. The Association contends that the golf course and clubhouse are part of the Mobilehome Park. D. For purposes of reference within this Agreement , the Mobilehome Park , golf course , clubhouse and pool will be referred to as the "Park" . E. In 1978 RLM became the Master Lessee and presently operates the Site in substantial compliance with the original authorized use. F. In 1983 , the City and RLM modified the Master Lease to provide that RLM, as Tenant , was authorized to develop and maintain the Site in accordance with its highest and best lawful use. G. RLM subleases spaces ( "Space Leases" ) within the Park to the Tenants on which spaces Tenants have located individually o►.•ned mobilehomes ( "Mobilehomes" ) . A list of the Tenants , their membership in the Association, and the location of each within the Park is set forth in Exhibit B attached hereto and incorporated DRAFT J u L 2 8 ygg FOR MSCUSSION PURPOSES ONI-Y herein by reference. H. The Association is . authorized , by its members, to negotiate a resolution of their disputes regarding the use of the Site; however, each individual Tenant has retained the right to execute this Agreement and must agree to be bound by its provisions in order to qualify for the benefits bestowed upon the Tenants as hereinafter provided. I . The City and the Agency would like the Site redeveloped as part of an overall redevelopment plan for the downtown area of the City of Huntington Beach. As part of this plan, the City intends to transfer a portion or all of its ownership interest in the Site to the Agency. J. RLM has proposed to the Agency a renegotiation of the Master Lease and a redevelopment of the Site. Exhibit C, attached hereto and incorporated herein by reference , indicates the proposed phasing schedule of the redevelopment. All references hereinafter to "Conversion Phases" shall be with reference to the designation as shown on Exhibit C. K . The redevelopment of the Site as proposed by RLM would ultimately require a complete demolition of the existing improve- ments on the Site, removal of the Mobilehomes and relocation of the Tenants . L. RLM has given to the Tenants and others various notices of its intent to change the use of the Park and discontinue the use of the Park as a mobilehome park. The Association contends that: 1 . Once these notices were given to the Tenants and others , the tenants have been unable to sell their Mobilehomes and/or refinance same. 2 . Prospective buyers have been unwilling to buy because RLM has required proposed Buyers to waive relocation rights and benefits , as well as acknowledge that the Site will cease being used as a mobilehome park and golf course during the year 1990. 3. Despite these actions , those persons who have been willing to buy have been unable to finance the purchase , as Lenders will not lend money using the Mobilehomes as collateral in light of the announced intent by RLM to change the use of the Park. 4. The City and RLM are obligated to maintain the current use of the Park at least until the year 2013 when the Master Lease expires , and the Association has requested that the City reject the proposed change of use and maintain the Site as -2- DRAFT JUL 2 8 1988 FOR MSCUSSION PURPOSES ONLY • presently developed until the year 2013. M. RLM contends as follows: 1 . That as Master Lessee it has the complete right to change the use of the Mobilehome Park under said Master Lease and under state, federal and local law; 2. That all notices that have thus far been required have been properly served upon the Tenants; 3 . That RLM has thus far complied with all laws concerning the change of use and proposes to comply with all state, federal and local laws in order to effect a change of use of the Park; 4 . That RLM has not required any prospective buyer of any Mobilehome in the Park to waive any rights or relocation benefits; 5. That neither RLM nor any Agency has any responsibil- ity, legal or moral , for the loss in value of the Mobilehomes in the Park; and 6. That the inflated value of the Mobilehomes in the Park deprives RLM of its property rights as a lessee . N. Agency would like the Site redeveloped as proposed and the Tenants compensated . for the resulting dislocation as provided for herein. O. RLM, the Agency, as successor in interest of the City, the Association, and the Tenants desire to compromise their disputes regarding RLM's right to develop the Site prior to the year 2013 , the relinquishment of property rights by the Tenants , and the adequacy of a Relocation Assistance Plan. P. Concurrently herewith, the Agency and RLM have entered into a Disposition and Development Agreement and Ground Lease pursuant to which, subject to the terms and conditions set forth therein and herein, the Agency would convey certain Land to RLM and Ground Lease (modifying and extending the existing Master Lease) other -Land to RLM all for purposes of development thereon in accordance with the DDA and Lease and this Agreement . TERMS Of AGREEMENT In view of the above , the parties do hereby agree to resolve, compromise and settle their disputes regarding their respective entitlements under any plan to redevelop the Site as follows: `- -3- DRAFT :UL28 Fort Dl CUSSION PURPosEs a:�1I.Y • I. AGENCY OBLIGATIONS The Agency hereby agrees on behalf of itself, its successors and assigns that it will guarantee to the Tenants executing this Agreement the following: A. It will immediately cause appraisals to be made , at its expense, of the Tenants' Mobilehomes on the Site according to the method described in Section IV below to determine the "Appraised Value" of the Mobilehomes; and B. Any development , redevelopment or change of use of the Site prior to December 31 , 2013 will contain a plan which : 1 . Bestows upon the Tenants the same rights and benefits being given them as set forth in this Agreement; and 2 . Provides for a Conversion Phasing schedule consistent with that contained in Exhibit C hereto , and that the scheduled phases of development contained therein will not be accelerated unless additional benefits are paid to the Tenants as provided for in this Agreement. C. The obligations of the Agency under this Agreement shall inure to the benefit of RLM, the Association and the Tenants , their successors or assigns. The Agency shall adhere to the Conversion Phasing schedule and shall timely take any and all actions which are necessary to carry out and enforce the terms of this Agreement as to the Tenants , including : 1 . Preparing and serving all Notices necessary to notify Tenants to vacate the Mobilehome Park spaces including but not limited to: (a) Within fifteen ( 15) days after receipt of Notice from RLM of its intent to begin construction of each and any Post Conversion Phase A development , the Agency shall serve all remaining Tenants notice of its intent to proceed with additional construction. (b) To those Tenants specifically affected by the next scheduled development the Agency shall serve a one hundred eighty ( 180) day Notice to Vacate their Mobilehome space . In the event Tenants fail to vacate within the one hundred eighty ( 180) day period the Agency shall also serve the Tenants with a sixty (60) day Notice to Terminate Tenancy. 2 . Implementing and enforcing ; by legal action if required, any and all terms of this Agreement necessary to accomplish this Agreement. 3 . Taking any and all actions necessary to clear the Site and implement the phasing schedule to allow RLM to develop the Site including , but not limited to: ~ -4- DRAFT J UL 2 8 1288 FOR DISCUSMON PURPOSES ON'I.Y (a) Using its best efforts to acquire the necessary possessory rights to Ocean View Estates I , as hereinafter defined, .to enable it to provide for the occupancy at that location by those Tenants affected by Conversion Phase A of the redevelopment , however, the possessory rights to Ocean View Estates I shall be acquired before any construction at the Site may commence; and (b) Clearing the property, constructing mobilehome spaces and otherwise improving Ocean View Estates I sufficiently to accomodate those eligible Tenants electing to be moved to this location; and, ' (c) In the event the Agency desires to proceed with any Post Conversion Phase A construction , it shall : ( i) acquire the necessary possessory rights to Ocean View Estates I and Ocean View Estates II to enable it to provide for the occupancy of those areas by the Tenants as provided for herein; and ( ii ) clear the property, construct mobilehome spaces, and otherwise improve Ocean View Estates I and Ocean View Estates II sufficiently to accomodate up to one hundred forty-five ( 145) spaces for Tenants electing to be moved to Ocean View Estates I and Ocean View Estates II . (d) In the event the Agency fails to acquire the possessory rights to Ocean View Estates I and II through good faith negotiations , the Agency will duly schedule, notice, and hold a public hearing at which it will consider the adoption of resolutions of necessity to authorize acquisition by eminent domain of the possessory rights of Ocean View Estates I and II not then. owned by the Agency. Following such public hearing , the Agency will exercise its discretion in determining whether or not to adopt the resolutions of necessity and to proceed with eminent domain. In this regard, the Agency undertakes no obligation to exercise powers of eminent domain with respect to Ocean View Estates I or II , or the leasehold interests , or any interests therein. II . RLM OBLIGATIONS RLM hereby agrees , on behalf of itself, its successors and assigns, as to Tenants executing this Agreement , that : A. Any development , redevelopment or change of use of the Site prior to December 31 , 2013 will contain a plan which : t . Bestows upon the Tenants the same rights and benefits being given them as set forth in this Agreement; and 2. Provides for a phasing schedule that is � -5- DRAFT J U L 2 s 1989 FOR DISCUSSIO I PURPOSES O.'VLy consistent with that contained in Exhibit C hereto , and that the scheduled levels of development contained therein will not be accelerated unless additional benefits are paid to the Tenants as expressly provided for in this Agreement. B. RLM shall notify Agency, in writing , of its intention to begin construction of any Post Conversion Phase A development two hundred forty (240) days prior to the scheduled date of construction , on the particular phase identified. Said notice shall identify the specific area to be involved in the construction and shall specifically list the spaces involved. III . ASSOCIATION AND TENANT OBLIGATIONS The Association and those Tenants executing this Agreement hereby agree , on behalf of themselves and their successors and assigns , that : A. The Association will confirm and approve this Agreement, on behalf of itself, in accordance with any and all laws , rules and regulations that govern its organization and operation; and B. The Association shall recommend to its members that execution of this Agreement by the Tenants is in the Tenants' best interest; and C. Benefits and obligations flow to the Tenants under this Agreement and the Tenants executing this Agreement are bound by its terms and shall timely perform the obligations contained herein in order to be entitled to the benefits; and D. The Association and Tenants agree, recognize and acknowledge that any and all alleged representations , written or oral , previously made to them concerning the use of the Site , including the facts that the present lease for the Site expires in the year 2013 and that the use of the Site may be changed at that time if changes have not previously been made according to the terms of this Agreement have been fulfilled as a result of this Agreement. E. The Tenants shall vacate the Park within the Notice periods referenced herein provided they receive the benefits to which they are entitled under this agreement and that upon receipt of those benefits all prior representations , oral or written , have been fulfilled and satisfied. F. Association and Tenants stipulate that the reason for any termination of tenancy contained herein shall be change of use and so long as RLM and Agency satisfy their obligations under this Agreement , all requirements of state, federal and local law -6- DRAFT J u l 2 8 MR FOR DISCUSSION PURP0MS 0:r1.Y shall thereby be deemed satisfied; and G. To the extent provided in Section XII of this Agreement , Association and Tenants shall accept any and all changes to the proposed Site Plan and the development of the Site- so long as such changes do not affect the Conversion Phasing Schedule as set forth on Exhibit "C" hereof and the benefits they are to receive according to the terms of this Agreement . IV. APPRAISAL OF MOBILEHOMES A. Selection of Appraisers. Within fifteen (15 ) days from the date hereof , the Agency an -the Association shall each separately designate a real estate appraiser who is a member of the American Institute of Real Estate Appraisers, or any successor thereto, or the Society of Real Estate Appraisers , or any successor thereto, (or in the event the American Institute or Society of Real Estate Appraisers or any successor shall not then be in existence , a disinterested real estate appraiser having appropriate qualifications) to appraise the Mobilehomes as set forth immediately below. All appraisers selected pursuant to the provisions hereof shall be impartial and unrelated, directly or indirectly, so far as employment for services is concerned to any of the parties hereto, or their successors , and shall have at least ten ( 10 ) years professional experience in Southern California appraising mobilehomes with land and improvements similar to the Mobilehomes on the Site. B . Appraisal Criteria for Determination of "Appraised Value" As used herein, the HAppraised Value"`R E- ie Mobilehomes shall be the in-place/in-park fair market value of the homes as of November 1 , 1986 in location on the Site, as adjusted for general Orange County in-place mobilehome housing inflation to the date of appraisal as determined by the appraisers . In determining the "Appraised Value," the appraisers shall base their determinations on comparable sales in the Park during the twelve ( 12) month period prior to November 1 , 1986. The appraisers shall , in addition to the in-place/in- park factors such as the location of the Park and the amenities provided in the Park, consider the size, age, condition and special features of each Mobilehome, the location of each Mobile- home in the Park and the value of any improvements made by Tenant to the Mobilehome since November 1 , 1986. The appraisers shall also consider the Space Lease and rental rates applicable thereto as they were in effect on November 1 , 1986 , and assume the continued existence of these leases in the Park through December 31 , 2013 with all amenities; but , shall not consider the effect moving a Mobilehome would have on its value, the effect of any change of use of the Park, including , but not limited to, that proposed by RLM, or the value of the Mobilehome -7- DRAFT ,l t;L 2 8 MR • FOR MSCUSSION PURPOSES ONLY under any local ordinances or codes. All Space Leases shall be considered as being renewable with reasonable rent increases and all language in Space Leases , notices or other documents concerning possible change of use of the Park shall be disregarded. The terms of an existing sublease between the Tenant , as sublessor, and a Renter, as sublessee , may be considered by the appraiser in determining the Appraised Value. However , a Renter's relocation entitlements, if any, under Article 927 of the Ordinances of Huntington Beach will not be considered for purposes of reducing this Appraised Value. C. Appraisal Process and Appraised Value. The two ( 2) appraisers so appointed shall , independently of each other, determine the value of each Mobilehome within sixty ( 50) days after they have been selected , as to Phase 1 and Phase 1-Optional Tenants and ninety ( 90) days as to the balance of the Mobilehomes. If the two (2) appraisers appointed concur on the determined value of a Mobilehome, the amount so determined shall be the Appraised Value. If the appraisers do not concur, and the difference between the two (2) determinations is an amount less than ten percent ( 10% ) of the amount of the higher determination, the mean average of the two (2) determinations shall be the Appraised Value. If the difference between the two (2) determinations exceeds the amount specified above, the determination of value shall be deemed "disputed ." Within fifteen ( 15) days after it is determined that the value of a Mobilehome is disputed , the two appraisers shall jointly select a third appraiser meeting the qualifications set forth hereinabove, and if they are unable to agree on a third appraiser , either the Agency or Association , by giving fifteen ( 15) days notice to the other , may apply to the Presiding Judge of the Superior Court of orange County to select a third appraiser who meets the appraiser qualifications set forth above. The third appraiser, however selected , shall be a person who has not acted in any capacity for either party. Within thirty ( 30) days after being selected, the third appraiser shall make an independent appraisal of the Mobilehome using the criteria set forth in Section IV, Paragraph B. above. This appraiser shall not have access to the findings, data or conclusions of the other appraisers. The original appraisers ' determinations as to the value of the Mobilehome will then be compared to the value determination of the third appraiser for the same Mobilehome. The initial determination that is closest to the value determination made by the third appraiser shall be deemed to be the Appraised Value of that Mobilehome . All expenses related to the selection and services of all three appraisers shall be the sole responsi- bility of the Agency. D. Alternate Valuation. Once the Appraised Value of a Mobilehome is established by the appraisal method, the Appraised -8- DRAFT. JUL 2 8 1988 FOR MSCUSSION PURPOSES ONLY Value may be adjusted to a higher value equal to either: 1 . That which Tenant would be entitled to receive under the provisions of Article 927 of the _ Huntington Beach Municipal Ordinance; or 2. The amount of the actual purchase price paid by the Tenant for the Mobilehome plus proveable costs of any subsequent capital improvements made to the Mobilehome after the purchase , but before November 1, 1986, plus the actual value of any capital improvements made after November 1, 1986; or 3. The amount necessary to pay in full those secured financial obligations which were transacted prior to November 1 , 1986, to the extent that the amount does not exceed the Appraised Value plus ten percent ( 10%) , plus the actual value of those capital improvements made after November 1 , 1986. "Secured financial obligation" as used herein shall be defined as the principal sum as of May 1 , 1988 which the Mobilehome owner was obligated to pay to a lender whose sole security for the loan was the Mobilehome, its improvements, the Space Lease and the personal signature of the Tenant . E. Determination of Agreed Valve of Mobilehomes . The Appraised Value for earn Mobilehome shall e adjusted according to the provisions of Exhibit D, attached hereto and incorporated herein by reference , in order to determine the adjusted fair market value (Agreed Value) for each Mobilehome through December 31 , 2013 . In all cases where the application of the provisions of Exhibit D would increase or reduce the value of a particular Mobilehome, references in this Agreement to the "Agreed Value" shall be deemed to mean the adjusted fair market value as determined by the application of the provision of Exhibit D. V. TENANT CLASSIFICATION AND ENTITLEMENTS A. Tenant Classifications. All Tenants shall be clas- sified as follows: 1 . Immediate Buyout Tenants: A limited number of Tenants who apply--re—ga-72 I es of their ovation within the Park, because of their individual circumstances , will be qualified as an Immediate Buyout Tenant. 2 . Phase I Tenants: Tenants who own Mobilehomes located within the area Zlesignated Conversion Phase A on Exhibit C shall be Phase I Tenants. 3. Phase I-0 tional : Tenants who own Mobilehomes located within the--a—re—a--designated Conversion Phase B-Optional on -9- DRAFT JUL z g 102 FOR DISCMION PURPOSES ONLY Exhibit C shall be Phase I-Optional Tenants . 4 . Phase II Tenants: All other Tenants of the Park not specifica y referenced above shall be Phase II Tenants. 5. Non--Resident Tenants: Tenants who own Mobile- homes in the Park, regardless of their location within the Park, who sublet the premises to non-relatives , with or without compen- sation, shall have the additional classification of Non-Resident Tenants. 6. Renters: All persons who sublease from Tenants shall be Renters am n� not Tenants as referenced herein. 7. Determination Date: The status of Tenants as of May 15 , 1987 shall e the controlling factor for determining the Tenants' classifications hereunder. B. Tenant Entitlements. Tenants shall be entitled to select certain relocation Sene its under this Agreement . The particular benefits to which each Tenant may be entitled depends upon the individual Tenant's classification and the options the Tenant selects. Tenants shall be obligated to select the benefits which they desire under this Agreement and notify the Agency and the Buyout Committee , as the case may be , of their selection within the time periods specified herein. The entitlements by Tenant classification are as follows: 1 . Immediate Buyout Tenants (a) P��ur o��se of Classifications: It is the mutual desire of the parties hereto to identify and provide for those Tenants who (because of personal circumstances , financial need or a particular impact the project 's phasing plan may have upon them) find it necessary or advisable to receive the financial benefits of the Relocation Assistance Plan, to which they may be entitled, in advance of the phasing schedule as established by the Relocation Assistance Plan. For this reason the Immediate Buyout Classification is established. (b) Available Funds: The Agency will provide the sum of Three Million Dollars ( 53,000 ,000) to pay for certain relocation costs it incurs to provide the benefits to the Tenants herein during Conversion Phase A of the plan. (c) Expenditure Priorities: These expenditures will be made for the following items in the following order of priority: ( i ) Pay Buyout Tenants located in Conversion Phase A and Phase B-Optional who elect to sell their Mobilehomes as soon as possible; then -10- DRAFT ��` 2 s ass FOR DLSOMION PURPOSES ONLY (ii ) Pay development and construction costs (excluding costs associated with acquiring land or right to possess same) to build out the existing Ocean View Estates I prop- erty to provide spaces for all Phase I and Phase I-Optional Ten- ants who elect to be relocated to Ocean View Estates I before commencement of construction of Conversion Phase A; ( iii) Pay the costs to move eligible Tenants to Ocean View Estates I either; (aa) by acquiring a new Mobilehome for Tenant and placing it at the new site with the necessary hookups, and moving costs; or (bb) by moving the Tenants' exist- ing Mobilehomes to the new site and paying the other benefits to which those Tenants may be entitled, as hereinafter described; then ( iv) Pay the costs to relocate Phase I and Phase I-Optional Tenants who elect to be relocated in another section of the Park; and (v) Pay the costs to relocate Phase I and Phase I Optional Tenants who elect to be relocated to any location within the United States within the limits of Section VIII . A. hereof. (vi) With all funds remaining , purchase the Mobilehomes of those remaining Tenants applying for Immediate Buyout who are certified by the Buyout Committee. (d) Buyout _Committee to Determine Qualifica- tion: All applications for certification as an Immediate Buyout Tenant shall be submitted to and the issue of qualification determined by the Buyout Committee. This Committee shall be comprised of five (5) members . Two (2) seats on the Committee will be filled with individuals designated by the Association , two (2) seats as designated by the Agency and one ( 1 ) seat as designated by those Tenants who are not members of the Association. The Agency designees shall not be Tenants at the Park. A majority vote of the Committee members shall be final and ' binding. (e) Time Limitations: ( i) A written application by the Tenant , to be certified as an Immediate Buyout Tenant , must be submitted to the Committee within thirty (30) days after receipt by that Tenant of written notice of the Appraised Value determination for his/her Mobilehome. Any application received by the Committee after that date shall be deemed to be unqualified. The Committee , DRAFT- JUL 2 S t� FOR DISCUS5IOh PURpOsEg�ONLy however, may consider and rule upon a later filed application if it deems that denial of the application, under all of the circumstances, would work an extreme hardship on the Tenant. ( ii) All Phase I and Phase I-Optional Tenants who timely apply for certification as Immediate Buyout Tenants shall be immediately qualified and certified. ( iii) The Committee shall determine as qualified or not qualified all Phase II and Non-Resident Tenants who apply within forty-five (45) days of the last Tenant in the Park being notified of his/her Appraised Value. ( f) pualification Criteria: ( i ) No criteria required. When the total cost to purchase the Mobilehomes sought to be certified does not exceed the remaining available funds, after meeting the priorty expenditures listed above , there will be no qualification criteria established. In such event, all Immediate Buyout applicants will be certified by the Committee to the Agency and the Agency will thereafter purchase the applicants' Mobilehomes as provided for hereunder. ( ii) Establishment of Criteria. In the event the total cost to purchase the Mobilehomes sought to be certified exceeds the funds available, after paying the priority items, then the Buyout Committee will establish criteria used to qualify the Phase II and Non-Resident applicants as Certified Immediate Buyout Tenants. This criteria will strive to qualify an applicant on the basis of the physical and financial hardship that will be created if the applicants are unable to sell their Mobilehomes . (g ) A lication by Tenant: Any Tenant desirous of immediate sale of his or her Mobi ehome shall apply, in writing , to the Buyout Committee for Immediate Buyout Certification and sale pursuant to this paragraph. The application shall state that the Tenant desires to sell and , if he or she wishes, may set forth the reasons and/or state the hardship that the applicant believes will be created should the application be denied. (h) Certification: The Buyout Committee shall consider all applications for I-m-m-e-c7iate Buyout Certification based on the agreed criteria. The Buyout Committee shall thereafter , within the time allowed by paragraph (e) ( i) above, determine those Tenants who qualify in view of the funds available and certify those as Immediate Buyout Tenants to the Agency in writing . ( i) Ac uisition Escrow: Within fifteen ( 15) days of receipt of the written notice of certification by the -12- DRAFT 11128 1988 FOR DISCUSSION PURPOSES ONLY Agency, it shall establish an escrow for its acquisition of the Mobilehome with the closing to occur as soon as possible (approximately thirty ( 30 ) days) after the opening of said escrow, but in no event later than November 15, 1988 for Phase I Tenants. The Immediate Buyout purchase price shall be: ( i) for Phase I and Phase I-Optional Tenants: the Appraised Value at time of close of escrow; and ( ii ) for Phase II and Non-Resident Tenants: the Appraised Value less five percent (5%) . (j ) Close of ' -Escrow, Payment to Tenant , and Possession of Mobilehome: ( i) Before close of escrow the selling Tenant shall execute and deliver to escrow all documents necessary to transfer marketable title , free and clear of all liens and encumbrances, to the Mobilehome to the Agency and Agency shall pay to escrow the entire purchase price and any additional amounts necessary to pay all escrow costs. ( ii) Upon close, escrow shall: ( aa) pay all liens and encumbrances against the Mobilehome; and (bb) pay to Tenant seventy-five percent (75%) of the remaining sale proceeds and deliver to Tenant an acknowledgment that it holds the remaining sale proceeds which shall be disbursed to the Tenant upon the Tenant vacating the premises and providing escrow with an executed Declaration of Vacancy and Receipt of Benefits in the form of Exhibit E attached hereto; and (cc) deliver all transfer documents to the Agency. ( fii ) Tenant shall vacate the premises within 14 days after receipt of the payment of seventy-five percent (75%) of the net sale proceeds and any holdover after that date will be unlawful ; (k) Acknowledgment of Notice: A Tenant electing this Option hereby acknowledgestFat tTis Agreement shall constitute a sixty ( 60) day Notice of Termination of Tenancy which is effective as of the date of this Agreement and the tenancy shall terminate within two (2) days after the date of closing . (1 ) Condition Precedent to Construction: With the exception of the demoliton of that portion of Me- Hotel located on the Site consisting of the forty-eight (48 ) units -13- DRAFT 3 tl t 2 8 tgp FOR DLSCUSSION PURPOSES ONLY closest to Huntington Street, RLM shall not commence construction on the Site until all escrows for Immediate Buyout cases for Phase I and Phase I-Optional Tenants have been funded and escrows for spaces 325, 326 , 327 , 3280 329 , 312 and 311 have all closed or these Tenants have been relocated to Ocean View Estates I as the Tenants shall elect. 2. Phase I Tenants Within thirty ( 30) days after Tenant's receipt of the Notice of the Appraised Value of the Tenant's Mobilehome, the Tenant shall select , in writing , one of the following Options: (a) Option 1- Immediate Buyout/Offer to Sell All Phase I Tenants who apply for certifi- cation as an Immediate Buyout Tenant shall be certified and entitled to have their Mobilehomes purchased by the Agency as provided in Section V, Paragraph B. 1 . above. (b) Option 2-Relocation within Park ( i ) Exercise of One Time Option: Tenant shall have the option, subject to availability of space , to be moved once to another existing Mobilehome within an area of the Park which is scheduled for redevelopment later than the Conversion Phase in which the Tenant is currently located. The selection of Mobilehome and the actual location of the relocation space must be determined no less than thirty ( 30 ) days before construction of the Conversion Phase in which the former Mobilehome is located. Up to this time , the Tenant may revoke this Option and elect Option-1 Immediate Buyout for Phase I Tenants. (ii) Purchase of Relocation Mobilehome: The Tenant shall select the Mobilehome to which relocation is desired and enter into a purchase agreement with the owner provid- ing for the close of escrow before scheduled coimencement of construction. The Agency shall pay all escrow costs and that portion of the purchase price, up to the whole thereof , that the Agency would have been obligated to pay if the selling Tenant were selling directly to the Agency for the Agreed Value. In the event the purchase price of the relocation Mobilehome is less than the Agreed Value of the Buyer's Mobilehome, the Agency shall pay the difference to the Buying Tenant as provided in paragraph (iv) below. If the price paid for the relocation Mobilehome is more than the Agreed Value of the Buyer's Mobilehome , the Buying Tenant shall pay the difference. ( iii) Costs of Relocation: Agency shall -14- DRAFT S U 2 8 t988 FOR DLSCUMIONi PURPOSES ONLY pay all costs of the within-Park move including , but not limited to, packing and unpacking of household goods and, in addition, shall reimburse the Tenant for up to One Thousand Five Hundred Dollars ($1 ,500) in costs incurred for refurbishment of the Mobilehome to which Tenant moves. ( iv) Purchase of Tenant's Existing Mobilehome: A Tenant who exercises this option shall be paid , at the time of the move, cash for his/her original Mobilehome at the Agreed Value. (v) Right to Purchase , Costs. and Rents for Tenant at Relocation Mobilehome: The Phase I Tenant electing this Option may: (aa) Require the Agency to purchase the relocation Mobilehome and thereafter rent the Mobilehome to which the Tenant is being moved from the Agency for an initial monthly rental of the Mobilehome equal to one-twelfth ( 1/12) of nine Percent (9% ) of the Agency's purchase price for same plus space rent equal to one-half ( 1/2) of the rental rate that would have otherwise been paid for that space . These rental rates shall continue until the Mobilehome's removal is necessary for further development of the Site or, two (2) years after the date of the relocation, whichever occurs first . If the Tenant occupies the space after this date , the Mobilehome rent shall continue unchanged; however, the space rent shall be determined in the same manner as other Tenants who remain in the Park. A Tenant who sells his/her Mobilehome and elects to rent a Relocation Mobilehome will not be entitled to be relocated again , and will receive no further relocation benefits other than those specified herein; or (bb) Purchase the Relocation Mobile- home for the Agency's purchase price or less, pay space rent as provided in (aa) above and thereafter, be eligible for all other Phase II Tenant benefits except further in-park relocation. (c) Option 3-Relocation to -Ocean View Estates I All Phase I Tenants who have not elected either Option 1 or Option 2 above may elect to be relocated to Ocean View Estates I by the Agency as hereinafter provided . M Location: Ocean View Estates I is the area specifically marked as such on Exhibit F-2 and includes , but is not limited to, the existing mobilehome park located in the City northeast of the intersection of Ellis Avenue and Goldenwest Street , presently known as Ocean View Estates . ( ii) Qualification as Relocatable Mobilehome: The Agency, in its sole discretion, shall determine if a Mobilehome is relocatable to Ocean View Estates I . � -15- DRAFT J U L 2 8 top FOR DISCUSSIGN PURP'OSFS ON1Y (M) Non-Relocatable Elections: In the event the Tenant's Mobilehome is: (aa) Over twenty ( 20) years old , or not relocatable as determined by the Agency, and the Tenant has selected this Option, then the Agency shall purchase a new mobilehome in the Tenant's name and locate same at Ocean View Estates I. The new mobilehome shall be of comparable size, amenities and quality to the existing Mobilehome with similar add-ons , and the Tenant shall have the right to select the new floor plan, colors and other standard amenities . In the event the Tenant elects to upgrade the new mobilehome, all costs of upgrading shall be borne by the Tenant . (bb) Over twenty (20 ) years old , relocatable , and the Tenant elects to have the Mobilehome relocated to Ocean View Estates I , then the Agency will pay the Tenant Five Thousand Dollars ($5,000 ) in addition to the relocation benefits as hereinafter defined. ( iv) Costs of Relocation: The Agency will pay all costs of relocating the Mobilehome, its contents and add-ons, including , but not limited to, relocation of the Mobilehome, packing , moving and unpacking of all contents , all set up and hook up charges and all replacement and/or refurbish- ment inside and out to put the Mobilehome and all add-ons into a condition on site at Ocean View Estates I at least equivalent to that it enjoyed at the Park. (v) Relocation Availability: The Agency will make available at Ocean View Estates I prior to November 15, 1988 as many spaces as are necessary to accommodate Phase I and Phase I Optional Tenants who select this Option. (vi) Rent Abatement : A Tenant electing this Option will receive a one hundred percent ( 100$) abatement of his/her space rent for the first twenty-four ( 24 ) months of his/her residency at Ocean View Estates I . If, by that date , Ocean View Estates II has not been completed, the rent shall thereafter be set at the same rate as those tenants who resided there prior to the date of this Agreement . upon completion of Ocean View Estates II , the rental rate shall be set by the Association. (vii) Space Selection and Placement: Space assignment for each new Tenant at Ocean View Estates I shall be determined by the Agency based upon the availability of loca- tions and , whenever feasible , the Tenant's expressed preference in this regard. (d) Those Tenants failing to provide the Agency with written notice of their elections contained herein, -16- DRAFT M. 2 R 100Q FOR DLSCIMION PURPOSES OrriLY within the time allowed, will be deemed to have elected to sell their Mobilehomes at the earliest possible time at the then existing Agreed Value. (e) Notwithstanding the above , the implementa- tion of any of these Options shall occur prior to November 15, 1988. 3. Phase I-0 tional Phase I-Optional Tenants shall select , in writing , within thirty ( 30) days after receipt by the Tenant of written Notice of Appraised Value: (a) All Phase I Options: Phase I-Optional Tenants shall have the riuht to select any benefit available to Phase I Tenants; or (b) Option 4-Right to Remain: Within the same thirty (30) day period, Phase I-Optional Tenants may elect to remain in their Mobilehomes at their present locations until the commencement of any Post Conversion Phase A of the development of the Park under the following terms and conditions : ( i) Abatement of Rents: Should Tenant elect to remain in the Mobilehome at its present location, then the Tenant will pay space rents from the commencement of construction of Conversion Phase A for a period of twenty-four (24) months , thereafter at the rate of fifty percent ( 50%) of the rental rate as adjusted according to this Agreement. If, at that time, there has been no Post Conversion Phase A development, the space rents shall be computed in the same manner as Phase II Tenants. Should construction commence after that date , the rents would be abated to seventy-five percent (75% ) of the regular rate as determined for other Tenants who remain in the Park, or until the space is deemed by RLM to be necessary for the development of the next Conversion Phase and the Mobilehome is either purchased by the Agency, the Tenant relocated to Ocean View Estates II as hereinafter provided, or the Tenant elects to be relocated outside the Park. (ii ) Election Exclusion: All Phase I- Optional Tenants , who elect to remain in their present space after • commencement of Conversion Phase A, shall not be entitled to exercise the Option to be relocated to Ocean View Estates I . ( iii) Right to Phase II Tenant Benefits: Those Phase I-Optional Tenants who elect to remain in their current space or who relocate within the Park during the develop- ment of Conversion Phase A shall , in addition to those benefits specified above , be entitled to the same benefits and Options bestowed upon Phase II Tenants. -17- ` DRAFT J V t 2 8 19x; r'-r7 TLT"Mq:TON PURPOSES&7LY (c) Selection By Default: Those Tenants failing to provide the Agency WIHE written notice of their elections contained herein, within the time allowed, will be deemed to have elected to sell their Mobilehome at the earliest possible time at - the then existing Agreed Value, a . Phase II Tenants Phase II Tenants shall , within thirty ( 30) days of receipt of Notice of Appraised Value of their Mobilhomes, select , in writing , one of the following relocation benefit Options : (a) Option 1-Immediate Buyout Cases : Any Phase II Tenant may app y to t e Buyout ommittee o�r certifica- tion as an Immediate Buyout Tenant as provided in Section V paragraph B. I . above. (b) Orion 2-Limited _Right to Remain: Any Phase II Tenant may —e ect to continue to occupy his/her Mobilehome, at its present location, until the commencement of any Post Conversion Phase A construction which affects his/her location and shall be entitled to: ( i) Restricted Rents : Effective on the date of this Agreement , the Tenant shall pay to RLM, or its designee , monthly space rent equal to the rental rate paid by the Tenant of that space on January 1, 1988 (the initial rent) . This rate shall be increased annually from the date of this Agreement by six percent ( 68) . Upon commencement of any Post Conversion Phase A construction, the rent will be reduced to seventy-five percent (75% ) of the rent paid by Tenant just prior to the construction and this new rate shall be increased by six percent (68 ) per annum. ( ii ) Revival of Option to Sell : Upon commencement of any construction after the completion of the second construction area, those Phase II Tenants selecting this Option shall be entitled to a new offer to purchase before commencement of each and any subsequent Conversion Phase in the same manner as stated in paragraph (c) next below. (c) Option 3-Right to Sell Mobilehome: Any Phase II Tenant may elect to sell Ris/Her mo ilehome as follows: ( i ) Offer to Purchase: Prior to one hundred eighty ( 180) days before the scheduled commencement of any Post Conversion Phase A construction , the Agency shall offer to purchase for the Agreed Value the Mobilehomes of the then remaining Tenants. (ii ) Acceptance or Rejection of Offer: If the Tenants' space falls within the area designated as the next -18- DRAFT J U L 2 FOR DMIM40N PURPOSES ONLY construction phase, then the Tenant shall give written notice to the Agency, within sixty (60) days, of their acceptance of the offer to purchase, or of their election to select another option, as herein- after provided, but in no event , shall these Tenants be allowed to remain in their present space. ( iii) Escrow and Payment for Mobilehome: Within thirty ( 30) days after receipt of acceptance of its offer to purchase, the Agency shall open an escrow with a scheduled closing date sixty ( 60 ) days thereafter, or sooner if the parties so agree. All costs of the escrow shall be borne by the Agency, ( iv) Close of Escrow, Payment to Tenant and Possession of Mobilehome: (aa) Before close of escrow the selling Tenant shall execute and deliver to escrow all documents necessary to transfer free, marketable and clear title to the Mobilehome to the Agency and Agency shall pay to escrow the entire purchase price and any additional amounts necessary to pay all escrow costs. (bb) Upon close , escrow shall : ( 1 ) pay all liens and encumbrances against the Mobilehome; and (2) pay to the Tenant seventy-five percent (75% ) of the remaining sale proceeds and deliver to Tenant an acknowledgement that it holds the remaining sale proceeds which shall be disbursed to the Tenant upon the Tenant vacating the premises and providing escrow with an executed Declaration of vacancy and Receipt of Benefits in the form of Exhibit E attached hereto; and (3) deliver all transfer docu- ments to the Agency. (cc) Tenant shall vacate the premises within fourteen ( 14 ) days after receipt of the payment of seventy- five percent (75% ) of the net sale proceeds at which time the balance due shall be paid and any holdover after that date will be unlawful . (d) Option 4-Right to Relocate Within Park: ( i) After receipt of a one hundred eighty ( 180) day notice from the Agency of its intention to proceed with any Post Conversion Phase A construction, any Phase II Tenant , who has not previously been relocated, may elect to be relocated within the Park under the same terms and conditions offered Phase I Tenants at the commencement of this Agreement. This Option is available and may be exercised, in writing , by all Phase II _19- DRAFT JJL 2 FOR MSCUSSION PtMPOM ONLY Tenants for sixty ( 60) days after receipt by the Tenant of Notice from the Agency of its intention to proceed with any Post Conversion Phase A construction. After that date this Option expires. ( ii ) Phase II Tenants will be relocated within the Park under this provision prior to the thirty ( 30 ) day period just preceding the commencement of any Post Conversion Phase A construction. ( III ) Phase II Tenants , who are relocated under this provision , shall pay the same space rents charged for the "new" space as the former owner would have paid under this Agreement. Subsequent increases or decreases in the rents will be determined in the same manner as any other Phase II Tenants remaining in the Park. ( iv) Phase II Tenants choosing this Option will not be entitled to be relocated more than one time within the Park, but remain entitled to sell as provided herein and remain eligible for those benefits enumerated under Section VIII of this Agreement. (v) Phase II Tenants electing this Option agree to: (aa) Sell his/her existing Mobilehome to the Agency for the Agreed Value within one hundred twenty ( 120) days from receipt by the Tenant of written notice from the Agency of its intention to proceed with any Post Conversion Phase A development involving the Tenant 's new location; or (bb) Select any other Option availa- ble to the Tenant under the Terms of this Agreement . (e) option 5-Relocation to Ocean View Estates II : All Phase II Tenants shall ave t e option, subject t-o t e r imely election thereof and the availability of space , to be relocated to Ocean View Estates II . ( i) Location: For purposes of this Agreement , Ocean View Estates II is the area specifically marked as such on Exhibit F-2 and is located adjacent to an existing mobilehome park in the City, which is northeast of the intersection of Ellis Avenue and Goldenwest Street , presently known as Ocean View Estates . This area shall be that which is improved by the Agency in general conformity with the development plan attached hereto as Exhibit F and incorporated herein by reference. ( ii ) Offer -to Relocate: Unless other- wise provided herein, the Agency shall offer to those eligible -20- DRAFT J U L 2 8 1988 YOH MgCIlSSION pURpOSES Oh1y Phase II Tenants within the Park, and others who qualify, the Option to be relocated to Ocean View Estates II When -it is completed. (iii) Completion of Ocean View Estates II: The Agency shall be under no obligation to develop Ocean View Estates II , nor relocate any Tenant to Ocean View Estates II , unless and until it decides it wishes to commence development of any portion of the Site beyond Conversion Phase A. In addition, no construction, other than that necessary to complete Conversion Phase A, shall commence on the Site , nor shall any Tenant electing to be relocated to Ocean View Estates II be required to vacate his or her Mobilehome and/or space at the Park unless: (aa) right to possess all real property for the period of twenty-five (25 ) years required for Ocean View Estates Il is vested in the Agency; and (bb) the area previously described as Ocean View Estates I is fully developed as shown on Exhibit F.- and (cc) Ocean View Estates II is either: ( 1 ) fully developed as shown on Exhibit F including the public park land , lake, golf course, clubhouse and the mobiiehome 'park; or ( 2) the mobilehome park is fully developed and the remaining portions of the new site is at least fully designed, but only partially completed , with the balance of the construction guaranteed by a completion bond in favor of the Association and the Agency as their respective interest may appear. ( iv) Cost of Relocation: The Agency will pay for the casts of relocating each Mobilehome and all add-ons , including , but not limited to, relocation of the Mobilehome, packing , moving , and unpacking of all contents , all set up ' and hook up charges at Ocean View Estates II , and all replacement and/or refurbishment inside and out to put the Mobilehome and all add-ons into a condition on-site at Ocean View Estates II at least equivalent to that it enjoyed at the Park. (v) Space Availability: The Agency shall make available at Ocean View Estates I and Ocean View Estates II as many spaces as are required for the relocation of Tenants from the Park up to one-hundred forty-five ( 145 ) relocation spaces and may add to Ocean View Estates I up to eight (8) additional spaces for relocation of Pacific Shores Tenants being relocated as a result of Conversion Phase A. (vi) Selection of Tenants for Ocean View -21- PIT AFT J U t 2 s �5ss I-all b1sCUSSIO.N PURPOSES O!rI.Y Estates II : (aa) Qualification for relocation to Ocean View Estates II will first be granted to those Tenants who apply in writing , for this relocation at the time the Tenant executes this Agreement. If the number of these applications exceeds the number of spaces remaining , then the selection will be from this group and determined by lot. (bb) In the event the first group of applicants do not occupy all available spaces at Ocean View Estates II , then those Tenants who apply, in writing ; for relocation to Ocean View Estates II within thirty ( 30) days after receipt of their Notice of Appraised Value , will next be qualified for this relocation benefit. If the number of these applicants exceeds the number of remaining spaces , selection among this second group will be determined by lot . (cc) In the event the first two (2) groups of applicants do not occupy all available spaces at Ocean View Estates II, then those Tenants who apply, in writing , for relocation to Ocean View Estates II , within thirty ( 30 ) days after receipt of written notice from the Agency of its intent to proceed with the construction of any Post Conversion Phase A, will next be qualified for this relocation benefit . If the number of these applicants exceeds the number of remaining spaces , selection among this third group will be determined by lot. (dd) If more then one hundred forty- five ( 145) Tenants elect to be relocated to Ocean View Estates I and Ocean View Estates II , then the Tenants electing this Option 5, but who are not selected , may elect to: ( 1 ) Sell their Mobilehome to the Agency for the Agreed Value as other Phase II Tenants electing Option 3 above - Right to Sell their Mobilehome; or (2) If their space is not required to be vacant for the completion of the Conversion Phase about to be commenced, then they may remain in the Park and receive the same benefits as Phase II Tenants electing Option 2-Limited Right to Remain; or (3) Select one of the other Relocation Assistance Benefits as defined in Section VIII hereof; or (4 ) Select mobilehome park space within a seventy-five (75) mile radius of the City and be entitled to the same benefits afforded Phase I Tenants under Section V. B.2. (c) , except that these Tenants will not be entitled to relocation within the Park, Ocean View Estates I or Ocean View Estates II locations. If no space is available within the City -22- DRAFT J J L 2 8 198? FOR MCMION PURP'OM ONLY for this purpose, because of the age of a certain Tenant's Mobilehome then the Agency shall purchase a new mobilehome for that Tenant and relocate same to new park of Tenant's choice , within that radius, in the same manner as stated in Section V, B.2( c) . (vii) Space Selection: Specific space assignments within Ocean View Estates II will be made by the Buyout Committee using the guideline that each Tenant selected will be placed on a space (as nearly as possible) comparable to the location of the space presently occupied by the Tenant at the Park. (viii ) Purchase of new mobilehome: In the event that a Mobilehome is not relocatable , as determined by the Agency, the Agency shall purchase in Tenants name and deliver to Ocean View Estates II , at Agency cost and expense , a new, unused substitute mobilehome, substantially equivalent in size, utility and quality as Tenant's existing Mobilehome. Agency shall consult with each Tenant and cooperate to attain Tenant's reasonable preference with regard to style and floorplan of the substitute mobilehome. Should a Tenant desire a larger or upgraded substitute mobilehome, the Tenant shall be- required to pay the additional cost attributable to the upgrade. ( ix) In the event that Tenant does not notify the Agency, in writing , of his/her selection of this Option within the allowed time frame, the Tenant will be deemed to have waived the election to be relocated to Ocean View Estates II and this Option will no longer be available to that Tenant . 5 . Non-Resident Tenants Each Non-Resident Tenant shall sell his/her Mobilehome to the Agency and the Agency shall buy same under the following terms and conditions: (a) Option 1-Immediate Buyout Cases: Any Non-Resident Tenant may, within thirty clays or t'=e�ate of receipt of the Notice of Appraised Value , apply to the Buyout Committee for certification as an Immediate Buyout Tenant as specified under the Immediate Buyout Option above. All who are in the Conversion Phase A or Conversion Phase B area , who timely apply, shall be deemed qualified for certification as an Immediate Buyout case. (b) Option 2-Sale_: ( i) Offer to Purchase: Up to one hundred eighty ( 180) days before the scheduled commencement of any Post Conversion Phase A construction, the Agency shall offer to - purchase the Mobilehomes of the then remaining Non-Resident -23- DRAFT- J s' 2 8 1988 FOR DLSCL59ON PURPOSES ONLY Tenants for the Agreed Value. If the Agency determines that the removal of any Mobilehome is required for that scheduled development, it shall so notify the Tenant and it will be compulsory for the Tenant to accept the offer. If the removal of the Mobilehome is not required , as determined by the Agency, then the Tenant shall within sixty ( 60) days after receipt of the offer accept or reject same. ( ii) . Escrow and Payment for Mobilehome: Within thirty (30) days after receipt of acceptance of its offer to purchase , the Agency shall . open an escrow with a scheduled closing date sixty ( 60) days thereafter, or sooner if the parties so agree. All costs of the escrow shall be borne by the Agency. ( ifi) Close of Escrow, Payment to Tenant and Possession of Mobilehome: (aa) Before close of escrow, the selling Tenant shall execute and deliver to escrow all documents necessary to transfer free, marketable and clear title to the Mobilehome to the Agency and the Agency shall pay to escrow the entire purchase price and any additional amounts necessary to pay all escrow costs. (bb) Upon close escrow shall: ( 1 ) pay all liens and encumbrances against the Mobilehome; and ( 2) pay to the Tenant 100% of the remaining sale proceeds upon the Tenant vacating the premises and providing escrow with an executed Declaration of Vacancy and Receipt of Benefits in the form of Exhibit E attached hereto; and ( 3) Deliver all transfer docu- ments to the Agency. (cc) All Non-Resident Tenants who sell their Mobilehomes , either under the Immediate Buyout provi- sion or this paragraph, shall , in addition to other obligations they may have herein, at close of escrow, deliver to the Agency the Mobilehome free of any occupants. (c) Option 3- Limited Right to Remain and Rents Due: If the Mobilehome owned by the Non-Resident Tenant is not located within the next scheduled development phase , then the Non-Resident Tenant may elect to remain in the space . In that event , the rental rate for the space shall continue to be the same with annual increases determined in the same manner as other Tenants who remain in the Park. Eligible Tenants electing to reject the offer to purchase will be entitled to a new offer to -24- DRAFT FOR DLSCL 10N PURPOSES ONLY purchase before commencement of any subsequent construction phase. (d) Responsibility for Subtenants: It shall be the responsibility of t e Non-Resident Tenant to deliver his/her Mobilehome to the Agency free of occupants, and any compensation to which the Tenant's sublessee(s) may be entitled , if at all , shall be paid one-half ( 1/2) by the Non-Resident Tenant up to a total paid by the Non-Resident Tenant of One Thousand Dollars ($1 ,000) and the remaining sum paid by the Agency. The Agency shall indemnify and hold the Tenant harmless from any ,other claim for relocation benefits made by such occupants. (e) Non-Availability of Options: Except for the right and duty to se for the Agreed value" as specified above , or to apply as an Immediate Buyout Tenant , the Non-Resident Tenant shall have no other Options to receive Relocation Assistance Benefits under this Agreement. 6 . Renters (a) Those parties who, as of the date of this Agreement , occupy a Mobilehome within the Park, but have no owner- ship interest therein are not entitled to receive any benefits from the parties hereto under this Agreement . However , benefits, if any, that might be due such Renters shall be paid in accordance with the paragraph entitled Responsibility for Subtenants under Paragraph 5. (d) of this Section. (b) A party who, as of the date of this Agreement , owns an option to purchase the Mobilehome in which he/she resides and who exercises the option within thirty ( 30 ) days after execution of this Agreement , shall be deemed to be the Tenant for purposes of this Agreement and entitled to the benefits herein contained. There shall , however , be only one benefit package offered for each space. VIII . OTHER RELOCATION BENEFITS A. Moving of Mobilehome: All Tenants shall , in the alternative to any other benefits specified herein, have the right to have their Mobilehomes relocated anywhere within the United States at Agency's expense. The cost of this relocation shall not exceed fifty percent ( 50% ) of the Agreed Value . If the actual cost of relocation is less than fifty percent ( 50% ) of the Agreed Value, then the difference shall be paid to the Tenant by the Agency. If the -cost is greater , then the Tenant shall bear the excess expense. B. Discount and Low Cost Housing: All Tenants shall be offered, if reasonably available, the additional right to: 1 . Purchase a condominium, if one is built on the -25- { : DRAFT J U L 2 8 1988 FOR DL%IWION PURPOSES O't'LY site , at a discounted price of Fair Market Value less ten percent ( 10%) , provided Tenant agrees to, and does , reside in the premises for a two (2) year period and not sell or otherwise transfer the ownership interest therein for that period, unless Tenant pays to the developer the amount previously discounted from the Fair Market Value. RLM shall give each eligible Tenant written notice of the scheduled completion and availability of these units no less' than six (6) months before such date. - within thirty (30) days thereafter, Tenant must contact RLM, in .writing , indicating the Tenant' s interest therein. This offer thereafter terminates as to those Tenants who do not respond. Those who have indicated an interest must open an escrow for the purchase of the condominium within thirty (30) days of the date the units are first available for occupancy. 2. For a period of one ( 1 ) year from the first day units are available, rent from RLM any available new residential rental units built on the Site at the same rental rate offered to the public less ten ( 10) percent provided a written application to rent is given RLM within thirty ( 30) days of the date the units are first available for occupancy. 3. Obtain low cost rental housing in the City at Emerald Cove or housing similar thereto when available . This offer shall expire one year after the Option is first made avail- able to the Tenants. C. Early Relocation Benefits: The parties anticipate that the entire re eve opment wi occur in the manner and/or on the time schedule as stated in Exhibit C previously referenced . If, however, the Agency desires to accelerate the redevelopment of the Site, and as a result, a Tenant is required to relocate sooner than the projected dates affecting that Tenant, the Tenant shall be entitled to receive an additional benefit. This benefit will be the payment by the Agency of an additional amount to the Tenant equal to four percent (0 ) of the Agreed Value for each year , or part thereof, that such Tenant is required to vacate his/her space in the Park in advance of the projected dates . This sum shall be paid at the time of payment of any other sums due hereunder or at the ''time of relocation, whichever first occurs . D. Payment of Existing Secured Financial Obligations. In the event a Tenant elects to relocate his/her Mobilehome during the term of this Agreement , either to Ocean View Estates I or II , or to some other location, or buy a relocation Mobilehome within the Park provided for herein, it is the intent of the parties that any secured financial obligation attached to the Mobilehome will merely be transferred to the Mobilehome at the new location or to the new mobilehome, as the case may be . However, if for any reason, the action of moving the Mobilehome or acquiring title to a different mobilehome causes a secured financial obligation to -26 DRAFT z s � aa FOR DLSCU55ION PURPom O:t'LY become due and payable , in full, then the Agency shall pay that entire obligation and provide the Tenant with secured financing for the same amount, under the same terms, at. the new location of the same or different mobilehome. The amount so financed shall not exceed those sums eligible as defined in Section IV. D. above. IX. TERMINATION OF SPACE AVAILABILITY AT OCEAN VIEW ESTATES I AND II It is understood that Ocean View Estates I and II shall be constructed pursuant to this Agreement and shall exist only for a period of twenty-five (25) years from the opening for occupancy of the area known as Ocean View Estates II . It is further under- stood that Ocean View Estates I and II will be a mobilehome park constructed solely for the purpose of providing temporary mobile- home housing for certain Tenants displaced by the redevelopment of Driftwood Beach Club Mobilehome Park. The Agency, as the provider of the property upon which Ocean View Estates I and II will be constructed , transfers no rights to occupy said property beyond that twenty-five (25) year period. Therefore, the following provisions shall apply: A. Tenant hereby agrees that he/she has no right to possess or own the property upon which Ocean View Estates I and II shall be located except as a Tenant of a mobilehome park and said right shall cease automatically twenty-five (25) years after the area known as Ocean View Estates II first opens for occupancy. B. Tenant hereby represents that he/she has no expecta- tions as to the "in place value" or "in park value" of mobilehomes which are to be located in Ocean View Estates I and II other than the Agreed Value as established by the provisions of this Agreement . C. Tenant hereby represents that he/she has not relied uporl any belief or representation that the value of the mobile- homes in Ocean View Estates I and II will inflate or decline prior to the termination of his/her possessory rights thereto. D. It is mutually agreed that this Agreement shall act as and shall be considered as the eighteen ( 18 ) month Notice of Change of Use of Ocean View Estates I and II which is to take place twenty-five (25) years after the area known as Ocean View Estates II is first opened for occupancy. On said date, upon proper notice by the Agency to the Tenants, Ocean View Estates I and II will convert to use as a public park. E. It is mututally agreed that this Agreement shall be considered to be and shall act as the six (6) month Notice of Change of Use and any other notices of change of use required by -27- DRAFT JUL 2 8 IgR� FOR DISCi.'SSION FURPOS S ONLY . state, federal or local law. F. Tenants, on behalf of themselves, and each of their executors, administrators, heirs, successors , and assigns hereby waive the right to receive further notice that their tenancy at Ocean View Estates I and II shall be terminated as of a date twenty-five (25) years after the area known as Ocean View Estates II is first opened for occupancy. G. It is further agreed that the construction and maintenance of Ocean View Estates I and II are part of a Relocation Assistance Plan and Relocation Agreement that have been prepared and negotiated pursuant to a Conversion Impact Report on the Park and Article 927 of the Huntington Beach Municipal Code . Tenant agrees that the Conversion Impact Report , Relocation Assistance Plan and Relocation Agreement also apply to the conversion of Ocean View Estates I and II to public use which will take place twenty-five (25) years after the area known as Ocean View Estates II is first opened for occupancy. Tenants, on behalf of themselves and each of their heirs , executors , administrators , successors and assigns hereby waive any and all right , now and in the future, to demand or require additional Conversion Impact Reports and/or Relocation Assistance Plans as to Ocean View Estates I and II. H. Tenants , on behalf of themselves and each of their heirs , executors, administrators , successors and assigns hereby waive any and all right to receive any relocation benefit when Ocean View Estates I and II close except those specifically enumerated herein. I . Tenants, on behalf of themselves and each of their heirs, executors, administrators , successors and assigns hereby waive any and all right to object to the closure of Ocean View Estates I and II after the termination date and agree to vacate the space immediately upon receipt of a written sixty ( 60 ) day Notice of Termination of Tenancy. J . Tenants agree to give notice to subsequent purchasers of their mobilehomes at Ocean View Estates I and II of this status and the requirements placed upon the buyers under this Agreement. Said notice shall conform substantially to the notice attached hereto marked Exhibit G. X. PAYMENT OF UTILITY COSTS It shall be the Tenant' s obligation to pay all utility charges attributable to his/her Mobilehome for so long as it is owned or occupied by the Tenant or a Renter while at the present Site or by the Tenant after relocation to Ocean View Estates I or II . -28- r DRAFT JULZ 8 1988 .. t-i.:i DI;CC.'S�Ip'11 pURP06FS O'YLY XI . FREE ALIENABILITY OF MOBILEHOMES AND VALUE GUARANTEE A. Sale Within Park: 1 . It is the intent of the parties that this Agreement will result in the Tenants enjoying free alienability of their Mobilehomes without being burdened with a possible change of use and the resulting consequences to the value of the Mobilehome that might result. Therefore , Tenants wishing to sell their Mobilehomes within the Park may attempt to do so after the date of this Agreement . On each anniversary of this Agreement , up to ten ( 10) Tenants who have attempted' to sell their Mobilehomes in the Park for a period of at least ninety (90 ) days and have been unable to sell for the Agreed Value, may then offer to sell the Mobilehomes to the Agency for the Agreed Value. The Agency may then elect within thirty ( 30) days to acquire the Mobilehomes at the Agreed Value or elect to allow the Tenants to sell the Mobilehomes on the open market for ninety (90) days and immediately upon the close of escrow, if the Tenants receive less than the Agreed Value (before paying any liens) the Agency shall pay the difference to Tenants, but if the Tenants receive more than the Agreed Value, Tenants shall retain all sale proceeds. In the event more than ten ( 10) qualified Tenants offer to sell their Mobilehomes to the Agency on each anniversary date, the Agency will determine by lot which ten of these Mobilehomes it will buy and/or guarantee the sale price. 2 . Tenants may transfer all of their relocation benefits to buyers of the Mobilehomes, and the buyers shall receive all benefits to which the sellers were entitled , except that the Agreed Values at time of purchase will be reduced for the buyers to the amount paid by the buyers if the sale price is for less than the Agreed Value, but it will not increase the Agreed Value if the sale price exceeds that amount. After purchase , the Agreed Values will be adjusted according to the provisions contained in Exhibit D. 3. Buyers wi21 be approved and allowed to reside in the Park only under the following conditions and/or circumstances : (a) Buyers must agree, in writing , to accept the benefits which the selling Tenants would have been entitled to under this Agreement , and no more; and (b) Buyers must comply with all reasonable prerequisites, rules and regulations maintained by RLM for the management of the Park. B. Sale At Ocean View Estates I and II : 1 . Right of Resale and Price Guarantee: Any Tenant who relocates to Ocean View Estates I or II , and after the second -29- ` ` DRAFT 8 1988 FUR DISCUSSIM pURpOM ONLY year" following occupancy, is unable to sell the Mobilehome for a price equal to the Agreed Value for a period of no less than ninety (90) days , may then offer to sell to the Agency for the Agreed Value. The Agency may elect , within thirty (30 ) days following written notice of the offer to sell , to either: (a) Acquire Tenant 's Mobilehome at the Agreed Value and pay all costs occasioned by the sale; or (b) Permit Tenant to sell the Mobilehome on the open market and Immediately upon close of escrow, if the Tenant receives less than the Agreed Value (before 'paying any liens) the Agency shall pay the difference to Tenant , but if the Tenant receives more than the Agreed Value, Tenant shall retain all sale proceeds; (c) Failure by the Agency to provide Tenant with written notice of its election within thirty (30) days of receipt of the offer to sell by the Agency shall be deemed to be rejection of the offer and an agreement to proceed under paragraph B. 1 . (b) of this Section. XII. WAIVER OF RIGHTS AND ASSUMPTION OF OBLIGATIONS A. Tenants' Waiver of Rights. Upon execution of this Agreement , the Tenants do hereby relinquish, release and waive any rights they might have, past, present or future to object to any redevelopment of the Site on the following grounds: 1 . That they are entitled to continued use and occupancy of the Site because of a sublease agreement they have with RLM which extends beyond the commencement date of this Agrdement; 2. That they are entitled to occupy or possess any space in the Park and any common areas therein under claim of right which may be contained in the Mobile Home Residency Law (California Civil Code Section 798 et seq. ) ; California Government Code Sections 65863.7 and 66427.4 ; California health and Safety Code Sections 33411-33417; California Government Code Section 7260 (et seq. ) and Section 6000 (et seg. ) ; California Administra- tive Code Title 25 and Article 927 of the Huntington Beach Municipal Code. 3. That their relocation benefits, or any other form of financial compensation to which they are entitled under this Agreement, are inadequate or do not provide for affordable or replacement housing on or off of the Site . B. Association Waiver of Ri hts. Upon execution of this Agreement, the Association, tor itself alone, and not on behalf of its individual members, does hereby relinquish and waive -30- iLZt 'T JUL 2 8 1988 . FOR DLSMS5ZON PUAP06FS oNLY any right it has , past , present or future, to object to the present RLM plan to redevelop the Site. C. Assum tion of Obligations. In the event the Site is redeveloped under any plan approved by the Agency prior to the year 2013 , the Tenants do hereby agree to: ] . Vacate the spaces being occupied by the Tenants upon being given at least one hundred eighty ( 180) days written notice by the Agency that. the Agency has approved a redevelopment plan for a portion of the Site, and that possession by the Agency, or its designee, of the spaces being occupied by the Tenants is necessary for the implementation of the next Conversion Phase . This determination shall be made by the Agency in its sole discretion; however, there shall be no development commenced beyond Conversion Phase A before the minimum commencement dates indicated in the Conversion Phase portion of Exhibit C, except as provided for herein. 2. Notify the Agency of the relocation benefit Option under which they elect to receive relocation benefits as provided herein. 3. Cooperate with the Agency in anyway necessary to implement the plans , except , notwithstanding the foregoing , Tenant specifically reserves the right to object at any public hearing pertaining to a plan for redevelopment of the Site provided the basis for objection is not specifically waived in Section XII .A. above. XIII . PAYMENT OF COSTS AND EXPENSES TO ASSOCIATION Upon execution of this Agreement, RLM shall pay to the Association a sum up to One Hundred Seventy-five Thousand Dollars ($175 ,000) for reimbursement of all costs and expenses including attorney's fees incurred by it , and its predecessors to date of this Agreement. These costs and expenses were incurred in responding to the proposed change of use of the Site and . the negotiation and preparation of this Agreement. Any additional costs and expenses including attorney's fees incurred by the Association after the date of this Agreement , to implement .the terms of this Agreement , shall be paid by RLM. This additional sum shall not exceed Twenty-five Thousand Dollars ($25,000) . XIV. ASSOCIATION TO BE MASTER TENANT AT OCEAN VIEW ESTATES I AND II Upon commencement of any Post Conversion Phase A construct- ion, the Agency shall lease to the Association the premises previously referred to as Ocean View Estates I and Ocean View Estates II except the public park, lake and golf course areas -31- DRAFT JUL 2 1't1R DISMI SIOti RRP ES ONILY contained herein. The terms of that lease are indicated in that certain Lease Agreement between the Agency and the Association which is attached hereto, marked Exhibit H and incorporated herein. XV. AVAILABILITY OF BENEFITS UNDER THIS AGREEMENT Tenants shall be required to execute this Agreement within thirty (30) days after receipt of a copy of this Agreement and Notice of its approval by RLM, the Association, the City and the Agency. In the event that any Tenant fails to execute this Agreement within that time period, or sooner, it shall be presumed that the Tenants who so refuse to sign are refusing the benefits herein, and those Tenants shall only be entitled to the minimum benefits allowed under Article 927 of the Huntington Beach Municipal Code. XVI . MISCELLANEOUS PROVISIONS A. waiver. The waiver of any term, covenant or condi- tion herein conta-'-ine� shall not be deemed to be a waiver of such term, covenant or condition to any subsequent breach of the same or any other term, covenant or condition herein contained . B. Marginal Headings. The Marginal headings and titles of this Agreement are not a part of this Agreement and shall have no effect upon construction or interpretation of any part hereof. C. Time. Time is of the essence of this Agreement and each and all of is provisions in which performance is a factor. D. Successors and Assigns. The covenants and condi- tions herein containe apply to and bind the heirs , successors , executors , administrators and assigns of the parties hereto. E. Prior Agreements. This Agreement contains all of the Agreements of the parties hereto with respect to any matter conveyed or mentioned in this Agreement, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement, in writing , signed by the parties or their respective successors in interest . F. Partial Invalidity. Any provisions of this Agreement which shall prove to be invalid, void , or illegal , shall in no way affect , impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. -32- DI RAFT y J L 2 8 198E FOR DMUSSION PURPOSES ONLY G. Choice of Law. This Agreement shall be governed by the laws of the State ot California. H. Attorneys Fees. In the event of any action or proceeding brought by any party against another party to this Agreement , the prevailing party shall be entitled to recover reasonable attorneys fees , including costs of appeal . I . Notices. All notices and demands which may or are to be required or permitted to be given by a party on another, shall be in writing . All notices and demands shall be sent by United States mail , postage prepaid , certified/return receipt, addressed to the receiving party at the address hereinafter stated , or to such other address as a party may from time to time designate in a notice to the other parties . J . Enforcement. 1 . This Agreement is specifically enforceable by the Agency, RLM, the Association and any Tenant who has executed this Agreement and who has not received the benefits herein due to a breach of this Agreement by either RLM or the Agency. 2 . A breach of obligation by RLM or the Agency with respect to one or more Tenants shall not act to prevent perform- ance by other Tenants. 3 . Tenants shall be obligated to perform under this Agreement so long as Agency and RLM perform those obligations herein that specifically affect or apply to each of them individually. No Tenant may refuse to perform under this Agreement where the Agency or RLM have failed to perform obligations that are particular to any other Tenant . 1 l -33- DRAFT JUL 2 8 198A FOR DLSCLW1ON PURPOSES oNLy K. Counterpart Execution. This Agreement may be executed in counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument . In witness whereof , the parties have executed this Agreement as of this day of 1988. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH By RLM PROPERTIES, LTD. , a California Limited Partnership By DRIFTWOOD BEACH CLUB MOBIL£ HOMEOWNERS ASSOCIATION, INC. , a California Non--Profit Corporation By INDIVIDUAL TENANT SIGNATURE PAGE ATTACHED -34- DRAFT J U L FOR DLSCI, SON PURPOSES MIT INDIVIDUAL TENANTS SIGNATURE PAGE I/We, the undersigned, (Please Print Your Name(s) owner(s) of the mobilehome located on Space , of • (Fill in Nu er) the Driftwood Beach Club Mobilehome Park, do hereby agree to the terms and conditions of the MOBILEHOME ACQUISITION AND RELOCATION AGREEMENT by and between REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, RLM PROPERTIES, LTD. , a California Limited Partnership, DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION, Inc. , a California Non-Profit Corporation and the INDIVIDUAL TENANTS of the Driftwood Beach Club Mobile Home Park dated , 1988 and hereby acknowledge receipt of a copy of the Agreement totaling pages , including Exhibits A through H and this signature page. Date Signature Date Signature -35- I ------- ---------------------------------- ------------------------------ �rrt t t t 4 i I I I I l i fl I f i i 1 1 ■ f!!!f!flfffrf l y� = I 1 1 I Q~ + r If !f!lffflf! fir ■ ■ ■ ' ■ • •• i■ ■ I �[ ii � 1 �tjl ■ � ; ' ! 1 1 1 w 1 ■ r } I ■ , � �• J IJ ! C� � f r f ■ / + r /' / � fS a ■ ■� s f • - ■ ■ ♦/ % �♦ CL Ile, r 1 ,I r ;'/ ♦`/ SITE BOUNDARY ■y + � 1 1 • SITE t 21462 Pacific Coast Highway Huntington Beach, Ca. 92648 EXHIBIT A Driftwood Beach Club Mobilehome Park Mobile Horse owners SPACE M/M FIRST LAST ----- ----------- ---------------- -------------------- 1 Mr. & Mrs. George Corbari 2 Ms. Dorothy Pinkham ; ; A 3 Ms. Willa Vee Winthers 4 Mr. & Mrs. Dennis Shea 5 Ms. Marian Phillips 6 Mr. & Mrs. Donald Cosby 7 Mr. & Mrs. Paul Beck 8 Ms. Geraldine Marie Florez 4Trustee) Mrs. Claude Williams 9 Mr. & Mrs. H.B. Watson 10 Mr. & Mrs. Edward Roger Fountain 11 Mr. John Richard Cooper Ms. Lois lone Earl 12 Ms. Bonnie Figgins 13 Mr. Richard Upton 14 Mr. & Mrs. Charles Castrop 15 Mr. Albert Behar 16 Mr. & Mrs. William Shatto 17 Ms. Fern Ethel Gordon 18 Mr. & Mrs. Frank Cutrone 19 Ms. Elizabeth Rosenhauer 20 Ms. Susan Ziegler 21 Mr. & Mrs. Aniello Dicrisci 22 Mr. & Mrs. Dan Gleason 23 Ms. Carol Bell 24 Mr. & Mrs. David Markley 25 Mr. Donald Mullen 26 Mr. Otis Werb 27 Mr. & Mrs. Willis Anderson 28 Mr. & Mrs. William Shannon -1- EXHIBIT 8 'M10 a/y --------------------------------------------------- ----------Mrnr-jc -MF---------- ■ ■ I 1 t• 1 t t l 1.(i 1 1 t l r 1 •� = III La My 1 1 1 1 • ! ! 1 • { � t l i I / 1 ; t r � f 1 • � � 1 ; t e / / c i / r t ! r I r ■ 1 , / 1 J f / LL— ■ ! i / ;�i J J • J 1 // 40 ■ / • • i // %! / / % ..... CONVERSION PHASE A & B Conversion Park Estimated Phme Space N� Total Count Date of Closure ~� A 15 321-329 19 11/15 f 1988 B—Optional 301-305 Optional with 316-320 10 Phase A EXHIBIT C--1 •aw 19WID If r / •• -•.ram..+. •• ;�' l9 :tea �'=�' i�'• i IF j II— i CONVERSION PHASE D •�._ Conversion Park Estimated C— Spge NumbgrsTotal_Count Date of Closure D 1-10 442 444 53 5/1993 EXHIBIT C-3 ' •..OWN _ .��-----•---- -�- I _-_______- ---------------- -�. Ax I "+a % 1 — : -II-- I i 11 If j - CONVERSION PHASE E Conversion Park Estimated arp of Closure Phase— dace �turt bars alCount f 2065256 62 5/1994 EXHIBIT C-4 260% 240% CONCEPTUAL ADJUSTMENT TO "APPRAISED VALUE" TO DETERMINE "AGREED VALUE" 220% w ♦� 3 200% II ; 4 w 180% b��r� II Zn `.lp ' 160% C, Q C 140% p0S`' 40 � s G•p r++ z 120% �0000 �+++ + tn 100% D 4 Lu AT DRIFTWOOD 20%OF APPRAISED VAL 607. 1,;♦ 'APPRAISED VALUE" S ♦ AT DRIFTWOOD cr. 40% ,�,;� ' 20% --------------._._-----_.-------- --- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25ti , YEAR NNW GRAPH IS AN ILLUSTRATION OF THE CONCEPT ONLY. SEE THE AGREEMENT FOR DEFINITION OF TERMS AND FORMULA ON FOLLOWING PAGE FOR THE METHOD OF CALCULATION. i =4 GRAPFIASSUMES PARKSPACE RENTADIUSTMENTS EQUALTO C.P.I. FORhSULA FOR DETERMININ9_THE "AC$Fr,D_VALUE„_. Let: n - the year, where n = 0 is the date of the "Notice of Appraised Value" per Section IV of the Agreement. Vn = Agreed Value at year n, where Vo is the "Appraised Value" per Section IV of the Agreement. Cn Change in the Consumer Price Index from the previous year, calculated as follows: (CPIs - CPIn_l)/CPIs-1 Example: (1.4 -- 1.35)/1.35 - .0370 R.n Change in the mobile home park space rent from the previous year, calculated as follows: (Rents - Rentn_i)/Rentn-1 Example: ($200 - $195)/$195 = .0256 S Salvage Value equal to 20% of the Appraised Value, i.e. , S - 0.2 x VO Given the above, then: For n - I through 13: Vn - Vn-i + (Vn-1 x Cn) + (Vn-1 x (Cn - Rn) ] Example: $50,000 + ($50,000 x .037) + ($50,000 x ( .037 - .0256) ] $50sOOO + $10650 + $570 = $52#420 For n - 14 through 25: Vn - ( [ (Vn-1 - S)/12] x (25 - n) ) + S Example assuming year 15 with V14 - $75,000 and S - $10,000: ( [ ($75,000 - $10,000)/12] x (25 - 15) ) + $10,000 _ ( [$65,000/12] x 10) + $10,000 - $54,167 + $10,000 - $64,167 Exhibit D-2 t !I i L r DECLARATION OF VACANCY AND RECEIPT OF BENEFITS undersigned owner (s) of the MoSi ehome in Space and Tenant(s) of Driftwood Beach Club Mobilehome Park, hereby acknowledge(s) receipt of any and all relocation benefits to which he/she/they is/are entitled , and waive(s) all rights to receive further benefits under the Mobilehome Acquisition and Relocaton Agreement except eligibility to purchase or rent housing accomodations as specified in Section VIII thereof . The undersigned further warrant(s) and declare (s) that he/she/they has/have vacated the above listed space and hereby relinquish(es) any and all rights , title, interest and right to possess the above listed space. EXHIBIT "E" ,..., �.-.�.__....+r,,_.,;:-:.;,..i,�:i�;. -1.._,, •. r r •��,. -�--=�-�•- �v•-�r•,,;;�:...�r�4•i:reti:� ---'�-=1� ,� •� ►�_.'.. • +�7^3•= n 00 w 4",Nnsl� 3 #, L-J { � i 4•� ' ��, f iE` !�` `� ';'; L ,tea• r `+S =�-.1 �' •�1�1� � �i..r !tl�.I=Illr . �.� t+ r= �� w �� ' �'ti•+t{1J ` r�'; '� 1.. to-� , ., �, « •r• '•1,f��. s rT1two = OK Cie 4 Pl `:�� • I ' _ } la I.. .` `• `�K. f �'.. JJ_, ...,... ;rf •,/ �,. 'a' 1•,\J�j,• .mot\.\ •;j \ `•.;�'. PEDESTRIAN GC�(pub XE �` � 'J , J J J� J J J 1 J J � �� 'u ••1 GIlE'STJPARKING }� I J !_ C t!$Ij�USE_/ BEC.RE.A ION"A'L AREA r = �— ^� ', a. id7_w Sq. ,tt. Cfhose LEGEND j -A415x5a P. ,oI ' 1 I ATRASH ENCLOSURE fl`Ice` a 4 �. .., i *LAUNDRY FACILITIES *SECURITY GATE �• �.:�_ �•\ :`' ".ri' OCEAN V 1 Et.f t WASH �' �../ /-";'�-,+�';�'; ;ray" \ -� , .` �l �% •j "� a C eA�s v t E.•.f E STATES 3L NOTE: ' /'I/' .�r'J �i: •` �I aTYPICAL. ROAD ' A cl;N• f3 • PEDESTRIAN CORRIDOR - '��j /l E'] ~J'-,,A —/ $Q \� 15' MINIMUM/' ;��/�i -� �E `'r�+' �.`11, • MINIMUM LOT SIZE 45 X75 • R,V./TRAILER PARKING TO BE ;, ;��/�� / ./1,��• ., �;'�� ,-�w�.,, -. :�- PROVIDED IN THE IMMEDIATE AREA. SUL"LY-MILLER'LAK PARKING COMMUNITY PROGRAM :i iD L•i p �1 EXHIBIT F"Z MEAN VIEW ESTA CITY OF HUNTWGTON BEACHr`'—� OCEAN VIEW ESTATES MOBILEHOME PARK AMENITIES DRAFT Clubhouse/recreational area including: - 2, 750 sq. ft. clubhouse to include large meeting room, Board meeting room 16 ' x 241 , and fully equipped 10 ' x 20 ' kitchen, rest rooms - 45' x 50 ' swimming pool; spa; barbeque - Administration Offices facing entrance to park * Picnic Area including: - 1250 square foot conference room - Barbeque * 15' minimum pedestrian corridor leading to all open space/ recreational area * 30 ' wide roads built to City standards * Provision of street landscaping for every lot to enhance neighborhood aesthetics. * Provision of guest parking at convenient locations. * All Mobilehome spaces shall be improved with driveways from street to far end of coach, minimum 651 x 121 ; Awnings will be provided full width of driveway. * Provision of entry monument. * 25' landscape buffer along major arterial streets to minimize noise impact; 20 ' outside (between right of way and wall ) of Mobilehome Park and 5 ' inside of wall (added to minimum lot dimensions ) ; All 25 ' to be landscaped at Agency expense not included in cost of development of Mobilehome Park; exterior 20 ' maintained by Agency interior 5 ' to be maintained by individual residents . * Car Wash, covered area for (3) three cars * Laundry Rooms with Washers and Dryers * Security Gates * Access to adjoining Public Golf Course, Park and Lake * RV parking (20 spaces ) off site in immediate area * Agency and Association shall meet and confer regarding additional design detail for Ocean View Estates including but not limited to surrounding public park, golf course and lake improvements. EXHIBIT F-3 ADDENDUM TO EXHIBIT F DRAFT 1 . Agency will develop the area surrounding the mobilehome park generally as shown on the Illustrative Plan Exhibit F-1 including but not limited to the following: a) Agency will relocate the shooting range: b) Agency will improve the public park area; c) Agency will construct a nine hole public golf course; and, d ) Agency will terrace, landscape and otherwise improve Sully-Miller Lake. 2. Agency will do what is necessary to deal with the methane gas problem that exists on the property so that no adverse effects will exist for Ocean View Estates residents or for users of the public park and/or golf course. 3. Agency will remove all existing buildings from the property and clean up the entire area including all concrete slabs (other than mobilehomes and pads ) prior to locating any mobilehome tenants north of the area marked "Ocean View Estates I" on Exhibit F-2. a is J L;, J \� NOTICE TO BUYER OF MOBILEHOME Ocean View Estates I and II are , as combined , a temporary Mobilehome Park designed to provide temporary housing assistance to displaced Tenants of mobilehome parks in Huntington Beach that have been torn down and redeveloped, Ocean View Estates I and II have been developed pursuant to a Mobilehome Park Relocation Assistance Plan approved by the City of Huntington Beach . Ocean View Estates I and II will cease to operate twenty-five (25 ) years from the date Ocean View Estates II - is first open for occupancy, at which time all Tenants at that location will be required to vacate . Tenancy in Ocean View Estates I and II exists pursuant to a Mobilehome Acquisition and Relocation Agreement containing certain obligations of the Tenants, their successors and assigns, and various relocation benefits. Rights to relocation benefits are limited to those specifically enunciated in the Agreement . All terms , conditions and obligations under the Agreement must be acknowledged and accepted before approval as a Tenant of Ocean View Estates I or II is obtained. Date Selling Tenant Receipt acknowledged and the terms Accepted. Date Buying Tenant EXHIBIT "G" OCEAN VIEW ESTATES I AND II MASTER LEASE ( to be supplied at a later date ) EXHIBIT "H" ONO p ' 1• • • •� • • • , W, •ram•• i p„��, j ' " , `I •0Lot Ow 60000- go l �� • i 1 ` A" � � }� let fi t` t� �' r � I 1 '• _ ;•� !.� r 1 �� T r`i'�� yt it ELECTION OF BENEFITS To be completed and submitted by Tenants at time Tenants sign the Mobilehome Acquisition and Relocation Agreement by and between REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, RLM PROPERTIES, LTD. , a California Limited Partnership, DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION, Inc. , a California Non-Profit Corporation and the INDIVIDUAL TENANTS of the Driftwood Beach Club Mobile Home Park. By Placing my/our initials next to the appropriate option(s) ,. I/We, (Print name [s] ) owner(s) of the Mobilehome located on space number , in Driftwood Beach Club Mobile Home (E'i in Num er) . Park do hereby elect the following option(s) at this time: PHASE I TENANTS (other than Non-Resident Tenants) : Choose one: a) Sell our Mobilehome to the Agency as soon as possible for the Agreed Value; b) Relocate us to to Ocean View Estates I; c) We will relocate within the Park; d) We will relocate to an area other than the �— Park or Ocean View Estates I; e) We will defer electing our Options until after receipt of the Notice of Appraised Value PHASE I-OETIONAL TENANTS (other than Non-Resident Tena' ants) : Choose one: a) Sell our Mobilehome to the Agency as soon as possible; b) Relocate us to Ocean View Estates I; c) We will relocate within the Park; d) We will relocate to an area other than the Park or Ocean View Estates I; Note: If you e) We will remain at our present location choose this until the commencement of any Post Conversion letter (e) Phase A construction and wish to receive those also choose benefits offered Phase II Tenants, one option in Phase II f ) We will defer electing our Options until category below after receipt of the Notice of Appraised Value -1- . f � . ; 1rT � 1 PHASE II TENANTS (other than Non-Resident Tenants) : Choose One: a) We elect to be relocated to Ocean View Estates II when it is availabe for occupancy; b) We will be applying for immediate Buyout certification; c) We will defer selecting our Options until after receipt of the Notice of Appraised Value. NON-RESIDENT TENANTS: Choose one: a) We will be applying for Immediate Buyout certification; b) We will defer selecting our Options until after receipt of the Notice of Appraised Value. We understand that we remain entitled to any and all other benefits as provided by and subject to the terms of the Mobilehome Acquisition and -Relocation Agreement. Date Signature Date Signature Y -2- REQUEST FOR CITY COUNCIL ACTION Date Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Douglas La Belle, Director of Community Developmen Subject: ZONE CHANGE NO. 87-7 Consistent with Council Policy? P] Yes E ] New Policy or Exception OffD P Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: rol 11;r STATEMENT OFISSUE: U' Zone Change No. 87-7 is a request by RLM Properties, Ltd. and the Huntington Beach Redevelopment Agency to remove the MH (Mobilehome) designation from Driftwood Mobilehome Park. Removal of the MH designation will leave Downtown Specific Plan Districts 8b (High Density Residential) and 9 (Commercial/Support Recreation) as the primary zoning on the property. E MMENDAT N: Planning Commission Action on June 8. 1988 ON MOTION BY LIVENGOOD AND SECOND BY SLATES, THE PLANNING COMMISSION APPROVED ZONE CHANGE NO. 87-7 WITH FINDINGS AND CONDITION OF APPROVAL AND RECOMMENDED ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None FINDINGS . 1. The proposed zoning designations of Downtown Specific Plan Districts 8b and 9 are consistent with the Huntington Beach General Plan and all elements thereof. 2. Due to the provisions of the Driftwood Relocation Assistance Plan and the fact that the Waterfront project will include a substantial number of residential units, the proposed zone change will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. b PI O 4/84 5 t 3 . The property which is the subject of the proposed zone change would be more appropriately developed with the uses permitted under Districts 8b and 9 of the Downtown Specific Plan. 4 . An "Impact of Conversion Report" has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. Such findings were consistent with those required by Section 66427.4 of the California Government Code and Article 927 of the Huntington Beach Ordinance Code. 5. A relocation assistance plan has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. Condition of Approval: 1. A Mobilehome Acquisition and Relocation Agreement must be approved by the City Council and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachclub Mobile Homeowners Association, Inc. In the event that the above parties are unable to finalize such a written agreement, The Waterfront project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to The Waterfront project. The Association and its members shall be entitled to participate fully at the rehearings without prejudice. Staff-Recommendation: The Planning staff recommends that the City Council adopt zone Change No. 87-7 with the above findings. ANALYSIS: In 1982 the zoning on Driftwood Mobilehome Park was changed from R5 (Office Professional) to MH (Mobilehome Park) in order to ensure the orderly transition to a new use if plans for phase out of the park were ever filed. In 1983, the Downtown Specific Plan was adopted. The Downtown Specific Plan retained the MH designation on the Driftwood site, but added Districts 8b (High Density Residential) and 9 (Commercial Support Recreation) to the site in the form of an overlay. If the MH were ever removed from the site, then Distrticts 8b and 9 of the Downtown Specific Plan would function as the base zoning. Before a MH designation can be removed from any property in Huntington Beach, certain procedures must be followed. Specifically, Article 977 of the zoning code requires that an Impact of Conversion Report and a Relocation Assistance Plan be submitted by the applicant and approved by the Planning Commission at a public hearing. Those items were approved by the Planning Commission on June 8, 1988 by the following action: RCA - 8/15/88 -2- (1046d) A MOTION WAS MADE BY SLATES, SECOND BY LEIPZIG, TO APPROVE THE DRIFTWOOD MOBILEHOME PARK IMPACT OF CONVERSION REPORT AND RELOCATION ASSISTANCE PLAN, AS MODIFIED, WITH FINDINGS AND ADDED CONDITION OF APPROVAL, AND APPROVE RESOLUTIONS NOS. 1395 AND 1396, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED FINDINGS EQR_APREQVAL - DRIFTWOOD-IMPACT OF CONVERSION REPORT: 1. The report adequately addresses the date of manufacture and size of each mobilehome in the park. 2. The report adequately addresses the makeup of existing households, including family size, household income, length of residence, age of tenants, owner or renter, and primary or seasonal resident. 3. The report adequately addresses replacement availability, monthly rents, and coach acceptance criteria within forty (50) miles of the City. 4 . The report was submitted within twelve (12) months of issuance of the Notice of Intent to Change Use. 5. The report adequately meets the intent of Article 927 of the Huntington Beach Ordinance Code for preparation of such report. APPROVALFINDINS FOR . 1. Section 9270.4 of the Huntington Beach Ordinance Code requires that a Relocation Assistance Plan be submitted by the applicant and be found to be adequate by the Planning Commission at a public hearing. 2. Section 9270.5(a) of the Huntington Beach Ordinance Code requires that all eligible mobilehome owners are entitled to receive the cost of relocating to another mobilehome park within 50 miles of the City. 3. Section 9270.5(b) of the Huntington Beach Ordinance Code provides that if a replacement space cannot be found, that the mobilehome and optional equipment be purchased by the applicant at the mobilehome owners original purchase price minus an amount determined by depreciating the price at a rate of 4.7 percent per year from the date of purchase to the date of park closure with a minimum buyout of $4,500. RCA - 8/15/88 -3- (1046d) 4 . Section 9270.5(d) of the Huntington Beach Ordinance Code provides that the applicant and mobilehome owner may mutually agree to modify the standards and methods of assistance. 5. The Driftwood Relocation assistance Plan proposes assistance which meets or exceeds the provisions of Sections 9270.5(a) and 9270.5(b) of the Huntington Beach Ordinance Code. 6. The Driftwood Relocation assistance Plan includes an option for development of a Relocation Park, and the option constitutes modification of the standards and methods of assistance as allowed by Section 9270.5(d) of the Huntington Beach Ordinance Code. 7. The Planning Commission has previously approved an Impact of Conversion Report for Driftwood Mobilehome Park as required by Section 9270.5(f) of the Huntington Beach Ordinance Code and 65863 .7 of the Government Code. 8. Proper notice of intent to close the park was given by the applicant on May 15, 1987. 9. All requirements for public hearing on the Impact of Conversion Report and Relocation Assistance Plan have been adhered to. 10. The Driftwood Relocation Assistance Plan has been properly prepared, advertised, reviewed at a public hearing and found to be adequate by the Planning Commission after comparing it against the standards for such plan as contained in Article 927 of the Huntington Beach Ordinance Code and approved by Resolution. CONDITION„OF APPROVAL; 1. A Mobilehome Acquisition and Relocation Agreement must be approved by the City Council and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachelub Mobile Homeowners Association, Inc. In the event that the above parties are unable to finalize such a written agreement, The Waterfront project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to The Waterfront project. The Association and its members shall be entitled to participate fully at the rehearings without prejudice. Since the Driftwood Impact of Conversion Report and Relocation Assistance Plan were approved by the Planning Commission, and there have been no appeals to the approvals, the City Council need take no action on those items. Under the terms of the Condition of Approval, however, the City Council must approve the Mobilehome Acquisition and Relocation Agreement before acting on the zone change. After approving the Acquisition and Relocation Agreement, the City Council may adopt the zone change with the findings recommended by the Planning Commission. RCA - 8/15/88 -4- (1046d) FjWQr Q SOURCE: No funds required. ALTERNATIVE ACTION: The City Council may deny Zone Change No. 87-7. This action would prevent the further processing of application for the Waterfront Development. ATTACHMENTS: 1. Ordinance 2. Planning Commission Staff Report dated June 8, 1988. 3. Resolution Nos. 1395 and 1396. MA:HS:gbm RCA - 8/15/88 -5- (1046d) huntington beach department of community development srAff REPORT TO: Planning Commission FROM: Community Development DATE: June 8, 1988 SUBJECT: ZONE CHANGE NO. 87-7 APPLICANT: RLM Properties, Ltd./ ZONE: MH (Mobilehome) Huntington Beach Combined with DTSP Redevelopment Agency Districts 8b and 9 (Downtown Specific Plan REQUEST: Change of zone from MH District 8 - High Density (Mobilehome) combined with Residential; District 9 - Downtown Specific Plan Commercial/Support Districts 8b (High Density Recreation) , with Residential) and 9 (Com- Conservation Overlay, mercial/Support Recreation) Floodplain Suffix, and to DTSP Districts 8b & 9 Oil Suffix) LOCATION: 21462 Pacific Coast GENERAL PLAN: High Density Highway, between Residential and Commercial/ Huntington Street and Support Recreation Beach Boulevard } : Mobilehome ACRE: 18 Acres Park 1.0 SUGGESTED ACTION: Approve Zone Change No. 87-7 for a change of zone from MH (Mobilehome District) combined with Districts 8b and 9 (High Density Residential and Commercial/Support Recreation) of the Downtown Specific Plan to Districts 8b and 9 of the Downtown Specific Plan by making the findings contained in Section 10.0 of this report and adopting the attached ordinance. 2 .0 GENERAL INFORMATIQN: In 1982 the zoning on Driftwood Mobilehome Park was changed from R5 (Office Professional) to MH (Mobilehome Park) in order to ensure the orderly transition to a new use if plans for phase out of the park were ever filed. In 1983, the Downtown Specific Plan was adopted. The Downtown Specific Plan retained the MH designation on the Driftwood site, but added Districts 8b (High Density Residential) and 9 (Commercial Support Recreation) to the site in the form of an overlay. If the MH were ever removed from the site, then Distrticts 8b and 9 of the Downtown Specific Plan would function as the base zoning. A•F M-23C i 3 .0 SURROUNDING LAND USE,-ZONING AND GENERAL PLAN DESIQNATIONS: SubjeCt property: GENERAL PLAN DESIGNATION: High Density Residential and Commercial/Support Recreation ZONE: MH (Mobilehome District) combined with DTSP Districts 8b (High Density Residential) and 9 Commercial Support Residential LAND USE: Mobilehome Park North of SubigCt Property: GENERAL PLAN DESIGNATION: Medium Density Residential ZONE: MH-CZ-FP2 (Mobilehome, Coastal Zone, Floodplain) , R2-PD-CZ-FP2 (Medium Density Residential) LAND USE: Mobilehome Park and Condominiums East of Subject Property.: GENERAL PLAN DESIGNATION: Commercial, Medium Density Residential, Conservation, Visitor Serving ZONE: C4 (Commercial) , R4 (High Density Residential) , RA-0 (Residential Agriculture combined with oil LAND USE: Shopping Center, Apartments, Resort and Boat Sales South of Subject Property: GENERAL PLAN DESIGNATION: Recreation ZONE: Sl-CZ-FP2 (Shoreline District) LAND USE: State Beach West of Subject Property: GENERAL PLAN DESIGNATION: High Density Residential, Visitor Serving Commercial ZONE: DTSP Districts 8a (High Density Residential and 7 (Visitor Serving Commercial) LAND USE: Vacant A ,Q ENVIRONMENTAL STATUS: Zone Change No. 87-7 is covered by Supplement to Environmental Impact Report No. 87-2. SEIR No. 87-2 was distributed for a 45 day public review which ended on February 28, 1988. SEIR No. 87-2 must be approved by the Planning Commission prior to action on Zone Change No. 87-7. Staff Report - 6/8/88 -2- (0592d) 5 .9 COASTAL, STATUS: 1� the project is located within the Coastal Zone and is covered by Coastal Development Permit No. 87-17. 6.0 REDEMELOPMENI ETAJjJa: ' The project is located within the Main-Pier Redevelopment Project Area and is a joint application between RLM Properties, Inc. and the City Redevelopment Agency. 7._ SPECIFIC PLAN: The project is located within Districts 8b and 9 of the Downtown Specific Plan. 8 .0__ SUBDIVISION-CODMITTEE: Not Applicable A Article 927 (Mobilehome overlay Zones/Removal/Rezoning/Change of Use) of the Huntington Beach Ordinance Code establishes procedures and standards which must be complied with before a mobilehome zoning district can be removed. The MH district was applied to Driftwood in 1982 in order to provide the protections of Article 927 to the residents. Article 927 requires that a Notice of Intent to Close or rezone a mobilehome park be delivered to . each owner and the City at least 18 months prior to Scheduled park closure. The Article also requires that an Impact of Conversion Report and Relocation Assistance Plan be submitted by the applicant and approved by the Planning Commission prior to any rezoning or park closure. Lastly, Article 927 requires that certain other findings be made relative to consistency with the General Plan, impact on housing and the appropriateness of the proposed zoning. , The applicant served notice to close the park on May 15, 1987, and the first development phase (if approved) is scheduled for construction in November 1988 . This meets the 18 month criteria established by Article 927. An Impact of Conversion Report and Relocation Assistance Plan have also been prepared and submitted to the Planning Commission for approval. - The project which is proposed for the site is a combination of destination resort hotels, recreation facilities and high density residential. These uses are fully consistent with the General Plan as well as Districts 8b and 9 of the Downtown Specific Plan. The Relocation Assistance Plan proposes to replace approximately 100 of the mobilehome spaces at Driftwood with new spaces at the Oceanview Mobilehome Park and will also offer residential units within the project for Driftwood residents at a reduced rated. Considering that replacement mobilehome spaces will be constructed, and Staff Report - 6/8/88 -3- (0592d) additional housing will be constructed on site as part of the project, findings can be made that the change of use will not have an adverse impact on Housing Element policies for the provision of a range of housing opportunities. In order - to remove the ME designation from Driftwood Mobilehome Park, it is necessary to amend the Downtown Specific Plan. Sections 4 . 10. 14 (District 8b) and 4 .11.12 (District 9) of the Downtown Specific Plan establish Mobilehomes as the primary permitted use on the Driftwood site. Section 4 .16 of the Downtown Specific Plan establishes the legal boundaries of the MH designation on the ' Driftwood site. Zone Change No. 87-7 has therefore been proposed to delete Sections 4 .10.14 and 4 . 11.12 from the Downtown Specific Plan as well as Section 4.16 in its entirety. Deletion of those sections will leave Districts 8b and 9 as the primary zoning on the Driftwood site. The Conservation Overlay, Floodplain Suffix and Oil Suffix will also remain on the site. 10.0 RECOMMENDATION: Staff recommends that the Planning Commission approve Zone Change No. 87-7 with the following findings and recommend adoption by the City Council. EINDINQS FOR APPROVAL - ZONE CHANGE NO, 87-7: 1. The proposed zoning designations of Downtown Specific Plan Districts 8b and 9 are consistent with the Huntington Beach General Plan and all elements thereof. 2. Due to the provisions of the Driftwood Relocation Assistance Plan and the fact that the project will include a substantial number of residential units, the proposed zone change will not have an adverse effect upon the goals and policies for provision of adequate housing for all economic segments of the community, as set forth in the Housing Element of the Huntington Beach General Plan. 3. The property which is the subject of the proposed zone change would be more appropriately developed with the uses permitted under District 8b and 9 of the Downtown Specific Plan. 4 . An "Impact of Conversion Report" has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. Such findings were consistent with those required by Section 66427.4 of the California Government Code and Article 927 of the Huntington Beach Ordinance Code. 5. A relocation assistance plan has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. Staff Report - 618188 -4- (0592d) ATTACHMENTS: 1. Area Map 2 . Ordinance 3 . Letter from John Sisker dated May 13, 1988 MA:HS: jr Staff Report - 6/8/88 -5- (0592d) cr RI Po CZ For dw at- 40 -Itk q ft2-Pl>CZ-FP2 R3 a3 R2 Po CZ-FP2 oo*wrowi sikSirtc PLVm .0""t cl • -.6 wn ol V, F. RP-PO-CZ-F-P2 I ; C4 pts .0 03 AP- At It R2 R2-M-a fn AC4 R3 - . p R2-P0-C2-"2 02 pp-c?-Opp 'MH-CZ-FP2 p 3 X3 3 • :.Ile cx> _R2-PD-CZ-FP2 ...... ...... , P3 0- ............. a. W:,tpirw Dr F1 R4- 8T 0 Ob-FP2 Rs S Rs 1 ........... ............. .... .. At ............. 4+ ............ \.iiEFii .r RA-0 C, z C17''' HUNTINGTON BEACH PLANNING DIVISION ORDINANCE: NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REVISING SECTION 4 .10, 4 .11 AND 4 .16 WITHIN THE DOWNTOWN SPECIFIC PLAN TO DELETE THE MOBILEHOME DISTRICT FROM DISTRICTS 8B AND 9. WHEREAS, pursuant to the California Government Code Sections 65853 and 66427 .4 , the Huntington Beach Planning Commission and the Huntington Beach City Council have had separate public hearings relative to zone Change No. 87-7 wherein both bodies have carefully considered all information presented at said hearings, and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds that such code amendment is proper and consistent with the General Plan. NOW, THEREFORE, The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The City of Huntington Beach Ordinance Code is hereby amended by revising Sections 4 .10, 4 .11 and 4 .16 and delete the Mobilehome District from Districts 8b and 9 . To affect this change, Section 4 .10, 4 .11 and 4 .16 of the Downtown Specific Plan shall read as follows: S. 4 .10 .14 Mobilehome District -- Deleted S. 4 .11 .12 Mobilehome District - Deleted S. 4 .16 Mobilehome District - Deleted 1 SECTION 2. This ordinance shall take effect thirty day-.� _ after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1988 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk y 13torney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community Developm bc — 2 Honorable Mayor, City Council and May 13 1988 j T Members of the Planning Commission �'' C E I V ' D 2000 Main Street Huntington Beach, CA 92648 RE: Driftwood Mobile Home Park MAY 16 1988 DEPARTMENT OF Dear City Council(Plonning Commission: COMMUNITY DEVELOPMENT PLANNING DIVISION I submit the following information with due respect and as the tenants representative for Pacific Mobile Horne Park. As you are aware from my previous correspondence and contact with the city council and planning commission, my background will hopefully qualify the points I wish to make. It seems that the control the city plonning/redevelopment staff and the political influence of the big money developers had over the previous council in outlining and emphasizing selected information is continuing with the present council. City staff,'in pursuing the all-or-nothing concept of planning, has overlooked thot redevelopment is only one tool and that the redevelopment low' totes: "can never be used to make a better use of planning of an area." This law goes on to say: 'one man's land cannot be sieged by the government and sold to another man merely in order that the purchaser may build upon it a better home or a house which better meets the government's idea of what is appropriate and well designed." The following emphasizes Driftwood Mobile Home Park in particular: �✓ • The complete Driftwood area is zoned High Dens!tylComervation In the northern half and Commercial/Support Recreation in the southern half. Contrary to the newspaper articles and the public concept that the mobile home park will be replaced with four hotels, the majority of the area in question is actually to be replaced with apparently more influential residential units. • In the Huntington Beach Coastal Element, Section 9.4.4, page 126 (August 1980, Revised 1984, LCP Certified March 1985), "The northern half of this site is designated for residential use with a mobile home overlay. The rest of this area has been designated as commerciallsupport recreation to reflect existing uses and as a potential future site of a major commercial/recreational development to complement the city beach. • Section 9.3, page 107, also in the Coastal Elements, "The City Housing Element states that the city is to encourage the retention of existing mobile homes end investigate the areas of potential new mobile home zoning." • The Driftwood Mobile Home site is within an Environmentally Sensitive Habit area as defined in Section 30233 and 30411 of the Coastal Act. It states that "Public vehicular traffic shall be prohibited and no future subdivision of any parcel shall be permitted until such time as the permanent protection of the wetland is assured." • The entire Driftwood area as adopted under the Community Redevelopment laws is now considered in "blight" as defined in the Presumption Clause according to Chapter 1, Article 3, Division 24 of the California Health and Safety Code. In order for the city to have included this area originally under redevelopment it must be proven a physical, social or economic burden on the community. While the area in question does not meet this criteria as evidenced by the seventeen other mobile home parks in the community, and "blight" as defined in the redevelopment laws state "no building or structure used for living are unfit or unsafe for occupancy and does not conduct to ill health, transmission of disease, infant morality, juvenile delinquency or crime,"-the area has obviously been included in redevelopment for other reasoning. The redevelopment law also says, "a violation of a city ordinance has no statue of limitations." 0 The entire city defined areas of redevelopment and arterial street alignments will continue to have an adverse effect on Pacific Mobile Home Park in spite of the park owners wishes and written statements to remain a mobile home park to utilize their expertise and fulfill a desired and necessary housing element within the city. • The proposed expanded level of road alignments in and around the project area will not possibly handle the density of intended development no matter how statistics are presented to justify these traffic counts. • Please refer to my many past correspondence to the city council and planning commission regarding the ultimate fate of Pacific Mobile Horne Park. These letters detail the effects of surrounding arterial alignments, proposed density levels, the positive benefits of mobile homes in a community as defined in "The California," May 1987 Survey and Driftwood Mobile Home Park. • The Huntington Beach Mobile Home Protection and Relocation Ordinance 927 lacks many desired necessities including fair market values. The establishing market values that are based in Real Estate law, banks and financial institutions and appraisals before a "notice of intent" is served, strongly becomes a depreciable f stand alone loss value and burden when this notice has been served �+ • The city owned Mushroom relocation park (Ocean View Mobile Estates) has actually become a mobile home"cemetery"concept emphasizing, sadly, a minimum age group of tenants who won't be around in 15 to 20 years so the city can turn the area into a recreational vehicle park. Any and all vested interests, values and equities are completely lost by owners who are then forbidden to sale their mobile homes. e The Robert Mayers plans for the redevelopment of the entire Driftwood area only makes reference to the Mobile Home Owners Protection and Relocation Ordinance 927, but says nothing of the additional protection and assistance entitled to this mobile home park through the Coastal Act and the Mobile Home Residency Law in Section 798.56 of the California Civil Code. • The agreement commencing February 1, 1963 and terminating January 31, 2013 between the city and RLM Properties (Robert Mayers) states that it cancels and replaces all prior leases and amendments by the lessor (city) with respect to the premises. As amended and restated November 29, 1983, it is expressly understood and agreed that the lessor will not, in any way, for any purpose, become a partner of the lessee or will participate in a joint venture. California Real Estate Law and Federal government codes have further restrictions on government owned land and require on open competitive bid upon a default and/or termination of the lease by the lessee, but has to be for a period equal to the remaining term of the lease (2013). Renegotiating an existing government lease with only the present lessee is a denial of the open competitive bid requirements both at the present renegotiation date and original termination date. i could produce volumes more dialogue but I'm certain that It's all been heard. In conclusion, I would like to urge every elected and appointed official that the people speak at election time. The/also vote. Please consider keeping the City of Huntington Beach a residential community because many of us residents don't want to be an extention of Santa Monica, Honolulu, or Disneyland. Respectfully submitted, Gre'.chen H. Pence RECEIVED � Gretchen H. Pence MAY 2 01988 21462 Pad fIc Coast Hwy. DEFARTMCNT CF Space 324, (714) 536-01 16 COMMUNITY CEVE7-0%-Jt-.T Huntington Beach, Ca. 92648 PLAW"s i1ay 16, 1988 C-ity of Huntington Beach Planning Commission 2000 Main Street uuritington Beach. Ca. 92648 iceferenc.e: Driftwood Beach Club Mobile Home Park Conversion Dear• rlembers of tree Planning Commission: record, I am addressing the ab(rve referenced overlay zone removal on the agenda for pu�l�: ho;ring by the Planning Commission May 24, 1988. t AH-AGAIHSi THE_OVERLAY REMOVALt Not only am I eciatnst the over lay removal; i am against Mayer's Waterfront project entirely, both in community concept and City participation. Following are some of the areas of the project that. I fine obJectionable: I. CON 1`1VNITY EFFECT: Through the guise of the Redevelopment Agency the City of Huntington Beach seems to be undertaking to create a developers paradise. Quite possibly this is not in harmony with the feelincs of the residents of the City. The extreme haste on the part of the City and the developer seem to sugW.st that this mlght not be in the best Interest of the voters. Water,sewers, highways. protection, oval lab;e service and housing seem not to bear consideration. Perhaps the people of Huntington Beach don't want this type of explosion to alter their lifestyles. 2. PERSONAL EFFECT: Contrary to the unilateral narrative presented by Mayer's r.i.r., this protect Immediately displaces 237 affordable family units that house pI im3rily retired and elderly senlor citizens. Contrary to political opinion is the fact that,although unacknowledged by RLM properties, Ltd., thw. Seniors and their 1 ienholders were assured of tennancy through the year 2013 A.D.As you read this, those residents are not assured of their residential future other than by minimum protection afforded them by statue. I am one of those Seniors, the widow of a land developer. .if � " 1 , s Renegotiating an existing lease between parties, with the expressed intention of eliminating an influencing factor is interpreted as a third party injury. The written and/or implied mobile home use to the year 2013 by selected parties implies that any controct renegotiation is to set up favorable conditions and financing aimed at alternating the landscape at the expense of others. Based on this information, I hope I have provided some additional insight, thinking and statistics that will be beneficial during your decision-making process. As always, please do not hesitate to contact me if I can be of any further assistance. Sircergly, J'810 ohn Sisker Huntington St., #266 Huntington Beach, CA 92648 (714) 536-3850 (714) 538-355I, ext. 227 pc: California Coastal Commission Department of Fish and Game Housing and Community Development California Real Estate Commission { , Golden State Mobile Home Owners League RESOLUTION NO. 1395 A RESOLUTION OF THE PLANNING COmISSION OF THE CITY OF HUNTINGTON BEACH, APPROVING AS ADEQUATE THE DRIFTWOOD MOBILEHOME PARK IMPACT OF CONVERSION REPORT WHEREAS, Section 9270.4(f) of the Huntington Beach Ordinance Code requires that prior to change to use of a mobilehome park that an "impact of conversion report" be submitted by the applicant and found to be adequate by the Planning Commission at a public hearing; and An "impact of conversion report" has been prepared in accordance with the above-mentioned ordinance code section; and The "impact of conversion report" which has been prepared addresses the following items: (i) The date of the manufacture and size of each mobilehome in the park. (ii) The makeup of existing households, including family size, household income, length of residence, age of tenants, owner or renter, and primary or seasonal resident. (iii) Replacement space availability, monthly rents and coach acceptance criteria in mobilehome parks within fifty (50) miles of the City. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby approve the Driftwood Mobilehome Park Impact of Conversion Report. REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach on the 8th day of June, 1988 by the following roll call vote: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None ATTEST: Mike Adams Victor L ipzi Planning Commission Secretary Planning Commission Chairman (0610d) (b) Offer each owner a written first right of refusal to purchase a unit constructed in the residential section of the proposed development. (2) Purchase from the owner the mobilehome and all optional equipment and/or tag-a-longs and expando rooms at the owner's original purchase price depreciated at 4 .7 percent per year as stipulated by Article 927 with a minimum buyout of $4,500. , and pay up to $500 for moving expenses; and (a) Reimburse mobilehome owner an amount equal to 50% of the difference in one year' s housing costs up to $750. ; and (b) Offer each owner a written first right of refusal to purchase a unit constructed in the residential section of the proposed development. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby approve the Driftwood mobilehome Park Relocation Assistance Plan. REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach on the 8th day of June 198B by the following roll call vote: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None ATTEST: Ile- e Mike Adams Victor L ipzi Planning Commission Secretary Planning Commission Chairman 0594d RESOLUTION 1396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, APPROVING AS ADEQUATE THE DRIFTWOOD MOBILEHOME PARK RELOCATION ASSISTANCE PLAN (EXHIBIT A) WHEREAS, Section 9270.4(g) of the Huntington Beach Ordinance Code requires that prior to change of use of a mobilehome park that a "relocation assistance plan" be submitted by the applicant and found to be adequate by the Planning Commission at a public hearing; and A "relocation assistance plan" (Exhibit A) has been prepared in accordance with the above mentioned code section; and The "relocation assistance plan" which has been prepared proposes the following forms of assistance: (1) Offer to purchase mobilehome from each tenant at its "in-park-value" as of November 1, 1986. (2) Offer each tenant the option to relocate his or her mobilehome to a new mobilehome park to be constructed by the Agency. (3) Offer each tenant the opportunity to relocate his or her mobilehome to any licensed park in California. (4) Offer each owner a written first right of refusal to purchase a unit constructed in the residential section of the proposed development. The purchase price will be discounted 10% or in the event that the housing is offered for rental, a discount of 10% off of the rental rate will be offered for the first year of rent. If the tenant does not accept one of the three alternatives outlined above, the following forms of assistance will be offered in accordance with Article 927. (1) Pay for the cost of disconnection and breakdown of the mobilehome, transportation of the mobilehome, and all readily movable aappurtenances and contents to a site that is located within 50 miles of the City of Huntington Beach and the cost of hook-ups at the new site; and (a) Reimburse mobilehome owner an amount equal to 50% of the difference in one year's housing costs up to $750. ; and REQUE&' FOR CITY COUNCit'A TION Date Augu-" 5 .19 A R Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Douglas N. La Belle, Director of Community Developm Subject: PRECISE PLAN OF STREET ALIGNMENT NO. 88-1 Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ST&7ZMENT OF I S Precise Plan of Street Alignment No. 88-1 is a request by the City of Huntington Beach to establish the precise alignment of Walnut Avenue between Lake Street and Beach Boulevard. This precise alignment is necessary for the Waterfront project, but is also necessary as an integral part of the downtown circulation system. RECOMMENDATION: P1DDnin4 Commission Action on June 22, I280 ON MOTION BY SLATES AND SECOND BY LIVENGOOD, PRECISE PLAN OF STREET ALIGNMENT NO. 88-1 WAS APPROVED AND RECOMMENDED FOR ADOPTION BY THE CITY COUNCIL WITH THE FOLLOWING RECOMMENDED AGREEMENTS BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Higgins NOES: None ABSENT: Kirkland ABSTAIN: None &2REEMENTS INCLUPBU IN ,APPROVAL: 1. A Mobilehome Acquisition and Relocation Agreement be approved by the City Council, and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachclub Mobile Homeowners Association, Inc. In the event the above parties are unable to finalize a written agreement as to the Mobilehome Acquisition and Relocation Benefits, the Waterfront Project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to the P10 5/85 Waterfront Project. The Association and its members shall be entitled to participate fully at the rehearings without prejudice. 2. An agreement be entered into by and between the City of Huntington Beach and the owners of Pacific Trailer Park. The agreement shall include the following items: a. The terms and procedures of acquisition and improvements, both off-site and on-site, necessary for the Walnut Avenue Extension adjacent to Pacific Trailer Park. b. The forms of assistance to be provided to Pacific Trailer Park residents displaced as a result of the Walnut Avenue Extension. In the event the above parties are unable to finalize a written agreement as to items 1 and 2 above, Precise Plan of Street Alignment No. 88-1 will not go forward without going back to the Planning Commission for public hearing. Staff Recommgndation Staff recommends that the City Council adopt Precise Plan of Street Alignment No. 88-1 after entering into the above recommended agreements. ANALYSIS: Precise Plan of Street Alignment No. 88-1 proposes to align Walnut Avenue between Lake Street and Beach Boulevard. The adopted City Circulation Plan designates this segment of Walnut as a primary arterial. The street will be located approximately 380 feet north of, and roughly parallel to, Pacific Coast Highway, curving slightly northward at the eastern end of the segment to "T" into Beach Boulevard. The extension is approximately 7/10 mile long, intersecting Huntington Street approximately 380 feet north of Pacific Coast Highway (just north of the bend in Huntington Street) . The extension will be 90 feet wide, and will include two travel lanes and a bike lane in each direction as well as a raised median. Although a primary arterial is usually 100 feet in width, a 90 foot width for Walnut was agreed upon by the City in a 1986 agreement with the Huntington Beach Company. The City agreed to accept dedication and install improvements for the portion of Walnut Avenue passing through Huntington Beach Company property between Lake Street and Huntington Street, at such time as the property develops. The portion of Walnut Avenue between Huntington Street and Beach Boulevard will be constructed should the Waterfront project be approved. The street would be constructed in phases in conjunction with the project phasing, to include the portion between Huntington Street and the eastern edge of Phase I with the Phase 1 Hotel, and the remaining segment to Beach Boulevard in conjunction with Phases 2 and 3. RCA - 8/15/88 -2- (1055d) The precise alignment of Walnut Avenue will extend through portions of two existing mobilehome parks: Driftwood and Pacific Park. The residents of Driftwood Mobilehome Park are being assisted by the provisions of a Relocation Plan and agreement required by ordinance prior to a change of zoning. The Pacific Park residents were not included in the Driftwood agreement because their park is not being rezoned or closed, and it is not in the project area. Approximately nine coaches at the southwest corner of Pacific Park will be displaced by the Walnut Avenue extension, however. Prior to Council action on Precise Plan of Street Alignment No. 88-1, it is necessary that agreements be entered into with both the Driftwood Beachclub Mobilehome Owners Association and the owners of Pacific Trailer Park. The items to be covered in those agreements are explained in the Planning Commission recommendation in this staff report. No funds required. $NATIVE ACTION: The City Council may deny Precise Plan of Street Alignment No. 88-1. AIIAC_IMNTS 1. Ordinance 2. Planning Commission Staff Report dated June 22, 1988. MATHS:gbm RCA - 8/15/88 -3- (1055d) y T 4' '; j ,II �+ �Lr Fes• . �•- -.�. M4'rW 4 .` ,� ....... w . RI 1� r � r ' � L �;Z#eaa:•n !K io�ei in �.7 � � { � •TL�NT� •-� y Ft qo� �, 1• • .. I w.�v Rz racrFT•r R3 R! 'Jlw',��. r t` � ��y W ! •� � C t�w e. �.. w'wtl „ �'.I I R! r 'T� ! • + ! ply,•fy'r:'VK R2-PD-crin R3 ry R! DdwNMw+I ..d"FKIt • r+.�Ct 1 �;i.. •_ 4-.. /+w F. R2•FO-C1`FM o C4 ie��., r(��L e ,. �\ 4y �} i�.. R7�DT2FPTi' R2-vo-Cl-F" I uAl � �y CTC� � +a• •�f ``�`. .... �• R2•iDCZ-fpt �R� q • l� '-yam w! a "1 MH-CZ ,j«� • Y�eN Rs OOMSTOMM SPECIFIC N ' R3 ':.::rl ,y \ R4-28 R3 R3 1 Ft ` pST �Ob-FP2 _0 0 N CE'4 •�J � e �+ RA-0 '— a•nY s�� C *� La '�l�w+• NllN11NGIl7N FeµH HUNTINGTON REACH PLANNING DIVISION ORDINANCE NO . 2961 AN ORDINANCE OF THE CITY OF HUNTING`I'ON BEACH AMENDING THE H';NTiNGTON BEACH ORDINANCE CODE BY ADOPTING PRECISE PLAN OF STREET ALIGNMENT NO. 88-1 ALIGNING WALNUT AVENUE BETWEEN LAKE STREET AND BEACH BOULEVARD r WHEREAS, pursuant to the California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider Precise Plan of Street Alignment No. 88-1; and After notice duly given , hearing was held before this Council , and the matter having been considered, the Council finds that Precise Plan of Street Alignment No . 88-1 is reasonably necessary to the orderly and efficient flow of { traffic, for the preservation of the health and safety of the inhabitants of the City, and for the orderly development of the community . NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . District Map 16 (Sectional District Map 14-6-11 ) , marked Exhibit A, attached hereto and incorporated herein by reference , is hereby amended to include Precise Plan of Street Alignment No . 88-1 , to effect the precise alignment of Walnut Avenue between Lake Street and Beach Boulevard . SECTION 2 . The real property designated as Precise Plan of Street Alignment No . 88-1 is more particularly described in Exhibit B,attac::ed hereto and incorporated herein by reference . _ l _ 2961 SECTION 3 . This ordinance shall take effect thirty days after its adoption . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of September , 1988 . A May r ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: '�NITIATED, ND APPROVED: City Administrator it c o of Community D Vlopment be 2 - 2961 Ord. No. 2961 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the, City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 15th day of August 19 88 and was again read to said City Council at a regular meeting thereof held on the 19th day of September , 19 88 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Kelly, Green, Finley, Erskine, Winchell, Bannister NOES: ' Councilmembers: None ABSENT: Councilmembers: None OUT OF ROOM: Mays City Clerk and ex-officio k of the City Council of the ity of Huntington Beach, California 2961 WALNUT AVENUE C STY O F HUNT S NGTON S EACH A STRIP OF LAND 90.00 FEET IN WIDTH OVER THAT PORTION OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF LAKE STREET, FORMERLY FIRST STREET, 75.00 FEET WIDE, AND THE NORTHEAST RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY, FORMERLY OCEAN AVENUE, 100.00 FEET WIDE, AS SAID STREETS ARE SHOWN ON THE MAP OF HUNTINGTON BEACH FILED IN BOOK 3, PAGE 36 OF SAID MISCELLANEOUS MAPS, SAID INTERSECTION BEING MARKED BY A CALIFORNIA DIVISION OF HIGHWAYS BRASS DISC AS SHOWN ON RECORD OF SURVEY NO. 87-1049 FILED IN BOOK 117, PAGES 21 AND 22 OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER; "THENCE NORTH 40' 38, 10" EAST 380.00 FEET ALONG THE CENTER LINE OF SAID LAKE STREET TO THE TRUE POINT OF BEGINNING; THENCE SOtjTH 55' 19' 15" EAST 517.28 FEET TO THE BEGINNING OF 5000.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY 352.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4' 02' 34"; THENCE SOUTH 59' 21, 49" EAST 620.02 FEET TO THE BEGINNING OF A 2400.00 FOOT RADIUS CURVE THAT IS CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY 445.73 FEET ALONG SAID CURVE THROUGH A CENTRAL OF 10 38, 281t; 7=NCE SOUTH 48' 43' 21" EAST 787.57 TO THE BEGINNING OF A 1200.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHERLY; THENCE EASTERLY 879.28 FEET ALONG SAID CURVE Tlz�OUGH A CENTRAL ANGLE OF 41' 58' 58"; THENCE NORTH 89' 17, 41" EAST 159.78 FEET TO THE FAST LINE OF SAID SECTION 14 AS SHOWN ON SAID RECORD OF SURVEY. i QLARR G I CO I L.S. 311 EXPIRATION DATE: JUNE 30, 1988 .•--=-•r,�`'�%,�G'� HARRIS E. v COUTI r , L.S. (P W. 3119 OF CA``', LG-0248 EXHIBIT B 134.1203 7/20/87 huntington beach department of community development srAFF Epoa TO: Planning Commission FROM: Community Development DATE: June 22, 1988 SUBJECT: PRECISE PLAN OF STREET ALIGNMENT NO. 88-1 APPLICANT: City of Huntington Beach Z=: Downtown Specific Plan, Districts 7, 8 .and 9 . REOUEST: To align Walnut Avenue between Lake Street and GENERAL PLAN: Visitor- Beach Boulevard. Serving Commercial; High Density Residential; LOCATION: Approximately 380 feet Mixed-Use Commercial/ north of, and roughly Recreation parallel to, Pacific Coast Highway, between Lake EXISTING USE: Vacant, Street and Beach Boulevard. Huntington Beach Inn, Driftwood Mobilehome Park 1. 0 SUGGESTED ACTION: (A) Approve Precise Plan of Street Alignment No. 88-1 and recommend adoption by the City Council subject to (B) and (C) as follows. (B) A recommendation that prior to City Council action on Precise Plan of Street Alignment No. 88-1, that a Mobilehome Acquisition and Relocation Agreement be approved by the City Council, and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachclub Mobile Homeowners Association, Inc. In the event the above parties are unable to finalize a written agreement as to the Mobilehome Acquisition and Relocation Benefits, the Waterfront Project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to the Waterfront Project. The Association and its members shall be entitled to participate fully at the rehearings without prejudice. A-F M-23C (C) A recommendation that prior to City Council action on Precise Plan of Street Alignment No. 88-1, that an agreement be entered J into by and between the City of Huntington Beach and the owners .of Pacific Trailer Park. -The agreement shall include ' the following items: 1. The terms and procedures of acquisition and improvements, both off-site and on-site,. necessary for the Walnut Avenue Extension adjacent to Pacific Trailer Park. 2. The forms of assistance to be provided to Pacific-Trailer . Park residents displaced as a result of the Walnut Avenue Extension. In the event the above parties are unable to finalize a written agreement as to items 1 and 2 above, Precise Plan of Street :-alignment No. 68-1 will not go forward without going back to the Planning Commission for public hearing. 2.0_- OEN . -MATION: The City Council, on June 4, 1984, adopted Circulation Element Amendment No. 84-1, establishing the extension of Walnut Avenue between Lake Street and Beach Boulevard. It was recognized that the extension would provide an additional inland link between Lake Street and Beach Boulevard, alleviating some traffic on Pacific Coast Highway. Walnut Avenue, when eventually connected with Hamilton .Avenue, could also provide an improved means of travel ' ,.J between downtown Huntington Beach and Costa Mesa, the Newport and San Diego Freeways, and points beyond. The proposed Precise Plan of Street Alignment will set the exact location of the arterial. , 3 .0 ENVIRQ " ENTAL STATUS The environmental impact of the proposed alignment was previously assessed at the time of Circulation Element Amendment No. 84-1. Negative Declaration No. 84-14 was adopted by the City Council on June 4, 1984 . No additional environmental assessment is necessary. 4 .O ,ANALYSIS: Precise Plan of Street Alignment No. 88-1 proposes 'to align Walnut Avenue between Lake Street and Beach Boulevard. The adopted City Circulation Plan designates this segment of Walnut as a primary arterial. The street will be located approximately 380 feet north of, and roughly parallel to, Pacific Coast Highway, curving slightly northward at the eas'tern end of the segment to "T" into Beach Boulevard. 'The extension is approximately 7/10 mile long, intersecting Huntington Street approximately 380 feet north of Pacific Coast Highway (just north of the bend in Huntington Street) . The extension will be 90 feet wide, and will include two Staff Report - 6/B/86 -2-• (O609d) travel lanes and a bike lane in each direction as well as a raised median. Although a primary arterial is usually 100 feet in width, a 90 foot width for Walnut was agreed upon by the City in a 1986 agreement with the Huntington Beach Company. The City agreed to accept dedication and install improvements for the portion of Walnut Avenue passing through Huntington Beach Company property between Lake Street and Huntington Street, at such time as the property develops . The portion of Walnut Avenue between Huntington Street and Beach Boulevard will be constructed should the Waterfront project be approved. The street would be constructed in phases in conjunction with the project phasing, to include the portion between Huntington Street and the eastern edge of •Phase 1 with the Phase 1 Hotel, and the remaining segment to Beach Boulevard in conjunction with Phases 2 and 3. Currently, Walnut Avenue west of Lake Street .carries approximately 1600 Average Daily Trips (ADT) : Assuming -development consistent with the Downtown Specific Plan and the Redevelopment Plan, the Department of Public Works has estimated that if Walnut Avenue is extended through to Beach Boulevard (eventually to tie into Hamilton Avenue) , Walnut will carry 15,000 ADT east of Lake Street and 10,400 ADT west of Lake Street, excluding beach-going trips. With its primary arterial designation, Walnut can adequately accommodate the projected traffic generation operating at Level of Service B, or stable flow of traffic. . The precise alignment of Walnut Avenue will extend through portions of two existing mobilehome parks: Driftwood and Pacific Park. The residents of Driftwood Mobilehome Park are being assisted by the provisions of 'a Relocation Plan and agreement required by ordinance prior to a' change of zoning. The Pacific Park residents were not included' in the Driftwood agreement because their park is not being• rezoned or closed, and it is not in the project area. -Approximately nine coaches at the southwest corner of Pacific Park will be . displaced by -the Walnut Avenue extension, however. The normal process in the event of property acquisition for a public right-of-way would be to pay the affected property owners full market appraised value for their property. Because of the special needs of mobilehome park residents, however, a more extensive agreement will be entered into with them prior to right-of-way acquisition. After meeting with the park owner and a tenant representative, staff is recommending that Precise Plan of Street Alignment No. 88-l .be approved by the Planning Commission with the following additional recommendation. Prior to Council action on Precise Plan of Street Alignment No. 88-1, that. an agreement •be entered into by and between the City of Huntington Beach and the owners of Pacific Trailer Park. The agreement shall include the following items: a. The terms and procedures of acquisition and improvements, both off-site and on-site, necessary for the Walnut Avenue Extension adjacent to Pacific Trailer Park. Staff Report - 6/8188 -3- (0609d) b. The forms of assistance to be provided to Pacific Trailer Park residents displaced as a result of the Walnut Avenue Extension. Staff feels that the above agreement will adequately address the needs of the .Pacific Park residents who will be displaced by the Walnut Avenue extension. The recommendations will also ensure the property owner of satisfaction regarding how the remaining park will be buffered from the Walnut Avenue extension. 5 , 0 RECOMMENDATION: (A) Approve Precise Plan of Street Alignment No. 88-1 and recommend adoption by the City Council subject to (B) and (C) as follows . (B) A recommendation that prior to City Council action on Precise Plan of Street Alignment No. 88-1, that a Mobilehome Acquisition and Relocation Agreement be approved by the City Council, and executed by the Redevelopment Agency, RLM Properties, Ltd. and the Driftwood Beachclub Mobile Homeowners Association, Inc. In the event the above parties are unable to finalize a written agreement as to the Mobilehome Acquisition and Relocation Benefits, the Waterfront Project and all related approvals will not go forward without going back to the Planning Commission for full public rehearings as to all matters considered by the Commission with regard to the Waterfront Project . The Association and its members shall be entitled to participate fully at the rehearings without prejudice. (C) A recommendation that prior to City Council action on Precise Plan of Street Alignment No. 88-1, that an agreement be entered into by and between the City of Huntington Beach and the owners of Pacific Trailer Park. The agreement shall include the following items : 1. The terms and procedures of acquisition and improvements, both off-site and on-site, necessary for the Walnut Avenue Extension adjacent to Pacific Trailer Park. 2 . The forms of assistance to be provided to Pacific Trailer Park residents displaced as a result of the Walnut Avenue Extension. In the event the above parties are unable to finalize a written agreement as to items 1 and 2 above, Precise Plan of Street Alignment No. 88-1 will not go forward without going back to the Planning Commission for public hearing . 6 . 0 ALTERNATIVE ACTION: The Planning Commission may deny Precise Plan of Street Alignment No . 88-1. Staff Report - 6/8/88 -4- (0609d) ATTACHMENTS• 1 . Vicinity Map 2 . Location of Alignment 3 . Legal Description 4 . ordinance adopting Precise Plan MA:HS:LP: ss Staff Report - 6/8/88 -5- (0609d) ORDINANCE N0. AN ()RD1 NANCE of 1rlil•: CITY OF HUNTINGTON HEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADOPTING PRECISE PLAN •OF STRL:ET ALIGNMENT NO. 88-1 ALIGNING WALNUT AVENUE BETWEEN LAKE STREET AND BEACH BOULEVARD WHEREAS, pursuant to the California Government Code, the Planning Commission of the City of Huntington Beach, after notice duly given, held a public hearing to consider Precise Plan of Street Alignment No. 88-1; and After notice duly given, hearing was held before this Council , and". the matter having been considered, the Council finds that Precise Plan of Street Alignment No. 88-1 is reasonably necessary to the orderly and efficient flow of traffic, for the preservation of the health and safety of they inhabitants of the City, and for the orderly development of the community. NOW, THEREFORE, the City Council of the -City of Huntington Beach does ordain as follows: SECTION 1 . District Map 16 (Sectional District Map 14-6-11) , marked Exhibit A, attached hereto and incorporated herein by reference, is hereby amended to include Precise Plan of Street Alignment Do. 88-1, to effect the precise alignment of Walnut Avenue between Lake Street and Beach Boulevard. SECTION 2 . - The real property designated as Precise Plan of Street Alignment No. 88-1 is more particularly described in Exhibit B,attached hereto and incorporated herein by reference. - 1 - WALNUT AVENUE CSTY OF HUN=NG=N BEACH A STRIP OF LAND 90.00 FEET IN WIDTH OVER THAT PORTION OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH. RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF LAKE STREET. FORMERLY FIRST STREET, 75.00 FEET WIDE. AND THE NORTHEAST RIGHT OF WAY LINE OF PACIFIC COAST HIGHWAY FORMERLY OCEAN AVENUE, 100.00 FEET WIDE, AS SAID STREETS ARE SHOWN ON lfE MAP OF HUNTINGTON BEACH FILED IN BOOK 3. PAGE 36 OF SAID MISCELLANEOUS MAPS, SAID INTERSECTION BEING MARKED BY A CALIFORNIA DIVISION OF HIGHWAYS BRASS DISC AS SHOWN ON RECORD OF SURVEY NO. 87-1049 FILED IN BOOK 117, PAGES 21 AND 22 OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER; "THENCE NORTH 40' 38' 10" EAST 380.00 FEET ALONG THE CENTER LINE OF SAID LAKE STREET TO THE TRUE POINT OF BEGINNING; THENCE SOUR 55' 19' 15" EAST 517.28 FEET TO THE BEGINNING OF 5000.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY 352.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4' 02' 34"; THENCE SOUTH 59' 21' 49" EAST 620.02 FEET TO THE BEGINNING OF A 2400.00 FOOT RADIUS CURVE THAT IS CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY 445.73 FEET ALONG SAID CURVE THROUGH A CENTRAL OF 10' 38' 28"; :'f:F.NCE SOUTH 48' 43' 21" EAST 787.57 'O THE BEGINNING OF A 1200.00 FOOT RADIUS CLIRVE THAT IS CONCAVE NORTHERLY; THENCE EASTERLY 879.28 FEET ALONG SAID CURVE TOUGH A CENTRAL ANGLE OF 41' 58' 58"; THENCE NORTH 89' 17, 41" EAST 159.78 FEET TO THE EAST LINE OF SAID SECTION 14 AS SHOWN ON SAID RECORD OF SURVEY. 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ID 16D4 �y��IJ91hPNKAis N A//6 rA lj � I iCA� rr Mr«T .I rlc r.r.r HA N (: IE; COUNTY , CALIFORNIA = P,z �;" INS11 Nr� w-A- e3-2a 76A6A � COASid.ttiNE-IN— Io2n es-ii ewD [ ] a..Me:NEc «rr� PPx'.•roa ni_ -ll0 ® DESIGNATES PRECISE PLAN rif STREE'AL St- 2T-Ra PPSAe6-I 261I ® NEDW DENSITY LFISJ PLANNED DEVELCVNENT DISTRICT Pam• `, 1 Y -_-.:: PR—E STREET N0 i Q (FER 81LE N°ME DISTRICT :2 ` 1 DDA-FIED CLAB MAT10N �/ ATLANTA STREET. y� 5 0 ' _ I Ois�SAr 47 .T S� i iq P' lope-PDtiZ_ ' t3;—1 R2-PD-CZ-FP2 ,51z-sr!c�- --- �� R2-PD-CZ-FP2 7 / S F I NIR2-P-OZ DOW TOWN FIC S� t0 w p '{^�- 5_EMIFLL-__.__.,oS Ik�o(gq� -qDl o E �� an +D)gPD R2 PD CZ- J ST CT 48aJ N n sPz FP2 m 00J. � o �v `�y rsrmwen':roe K Rz-PD-Ct-FP2 R2 PD CPfP2� /'9 O O C O� /ST'Qj C/'o/ i �0 0 6� . _cy,. /C O.&A� cT o:4sr �% R2-M-CZ-FP2 R2-PD-CZ MH-CZ-FP2 �. o, Rz-Po-crz �'O3/C Fp2ST suNR sE -O DOWNTOWN SPECIFIC PLAN-� \ DIST TiYBb-FP2 �rok q O/STD/Ol Lt,�Y U uj O a E SECTION 3 . This ordinance shall take effect thirty days after its adoption . PASSED AND ADOPTED by the City Council of the City of huntington Beach at a regular meeting thereof held on the day of , 1988 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk CA' _Attorney is REVIEWED AND APPROVED: INITIATED AND APPROVED: \ City Administrator Director of Community Development be 2 - r REQUEST FOR CITY COUNCIL ACTION RH 88-51 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Paul E. Cook, City Administrato MC— Prepared by: Douglas N. La Belle, Deputy City Administrator/Community Developm t Subject: PACIFIC TRAILER PARK ACQUISITION AND RELOCATION AGREE Consistent with Council Policy? pQ Yes ; ] New Policy or Exception n Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for City Council consideration is an Agreement with the owners of Pacific Trailer Park regarding the acquisition of needed right-of-way and improvements, the completion of public and private improvements as it relates to the Walnut Avenue extension for the Waterfront Phase I Project, and the relocation of residents impacted by the Walnut Avenue alignment. This Agreement has been prepared to meet the agreement provision indicated in the Planning Commission approval recommendation for Precise Plan of Street Alignment 88-1. RECOMMENDATION: - Approve and authorize the execution of the Pacific Trailer Park Acquisition and Relocation Agreement. ANALYSIS: For some time staff has been meeting with representatives of Pacific Trailer Park to address a variety of matters relating to future street improvements adjacent to Pacific Trailer Park including but not limited to Walnut Avenue. The attached Acquisition and Relocation Agreement is intended to resolve those matters that will impact the park as a result of Waterfront Phase I Project and the completion of the initial portion of the Walnut Avenue extension. The Agreement Is intended to merely set forth the methodology that will be assumed for the subsequent acquisition of right-of-way and improvements for Walnut Avenue and the obligations that will be assumed by the project as a part of completing the Walnut Avenue improvements. l FUNDING SOURCE: The cost of the Walnut Avenue right-of-way acquisition and improvements will be a cost of the Waterfront Project. ATTACHMENT: 1. Pacific Trailer Park Mobile Home Acquisition and Relocation Agreement. PEC/DLB:sar �- 3489r Plo 5/85 i AGREEMENT FOR ACQUISITION AND IMPROVEMENT OF REAL PROPERTY AND RELOCATION OF TENANTS BETWEEN FOX HILLS TRAILER PARK AND THE CITY OF HUNTINGTON BEACH r This Acquisition, Improvement and Relocation Agreement (the "Agreement" is entered into this day of , 1988, between the City of Huntington Beach (the "City" and Fox Hills Trailer Park, DBA Pacific Trailer Park, a Calif rnia General Partnership ("Owners") . The General Partners of Fox Hills Trailer Park nd their addresses are: Laura Plunkett 80 Huntington Street, Space 510 Huntington Beach, California Gertrude Martin 47 Southampton Newport Beach, California 92660 Precise Plan of Street Alignment No.. 88,1 proposes to extend Walnut Avr-nue between Lake Street and Beach Boulevard. The portion of the street alignment which extends between Huntington Street and Beach Boulevard will impact approximately nine coaches in the Pacific Trailer Park and requires jcquisition of property for the proposed right-of-way from the Prbperty Owners as shown on the site map attached hereto as Exhibit 4A" . The City of Huntington Beach will reimburse the Owners for the fair market value of the land and provide capital improvements as well as offer relocation benefits to those aff `cted mobilehome tenants as mandated by the California Relocation ssistance Act (Government Code Section 7260) and specifically o tlined by the'City's Rules and Regulations for Relocation Assisthnce (Exhibit "B") . The purpose of this Agreement is to set out the terms and procedures for the acquisition of needed right-of--way, offsite and onsite improvements needed to compete the Walnut Avenue extension, and the forms of assistance to be provided to Pacific Trailer Park residents who are di placed due to the acquisition. Both parties recognize and agree hat there are outstanding issues relating to Pacific Trailer Park that are not addressed in this Agreement and that the parties w} 1 work toward agreement on those matters by no later than Decemb `r 31, 1988 . n i A. To acquire the right o -way for the construction of Walnut Avenue betwee sake Street and Beach Boulevard as established by Circu Lion Element Amendment No. 84-1 and further defined Precise Plan of Street Alignment No. 88-1. B. The relocation of disrupted public and private facilities, sewerlines and utilities necessary to, complete the construction of Walnut Avenue. ,I C. The relocation of park tenants displaced by the extension of Walnut Avenue. The coaches displaced by this action include space numbers 713, 715, 717, 719, 720, 721, and 722. Coaches potentially impacted by the street extension include spaces 711 and 718 which due to the proximity to the new right-of-way may be' relocated at the discretion of the coach owner. D. Improvements necessary to mitigate impact of the street realignment on the integrity of the park/to the reasonable satisfaction of property owner. City obligations toward reconstruction of the Park shall include but not be limited to the iteTs listed in the attachment preliminary demolition report (Exhibit "C") in view of 'the preliminary nature o that report. r m f The City has previously authorized fun s for the appraisal of property involved in the right-of-way acquisition. The appraisals shall be performed by an MAI designated 5bpraiser of right-of-way acquisitions. In determining fair mark e value, these appraisals shall include land value and income streaF-. generated from the affected mobilehomes . The City shall a so authorize appraisals to determine in-park value of the mobilehomes. The Owners and' individual mobilehome owners may desi nate a second appraiser at their own cost. If the appraisers do not concur and the difference between the respective higher and lower determi, ations is an amount less than ten percent (10%) of the amount of/the higher determination, the mean average of the two determinations shall be the'appraised value. If the difference between the two determinations exceeds ten percent (1.0%) , a third appraiser may be selected by the two original appraisers or by the presiding judge of the Superior Court of Orange County. After reviewing all findings, the third appraiser within sixty days shall make the f-inal determination. The following expenses of escrow shall be paid by the City: (1) The full cost of securing the title insurance policy described in this Agreement. (2) The cost of preparing, executing, acknowledging any deeds or other instruments required to convey title to BUYER or his nominees in the manner described in this Agreement. (3) The cost of recording a grant deed required to convey title to said Property to BUYER or his nominees as described in this Agreement. -2- (3979h) 4. (4) Any escrow fee charged by the escrow holder in ddition to the cost of the title insurance policy. Owners shall hold City Harmless for hazardous was e contamination clean up costs for contamination crest d prior to the transfer of title. (1) Neither SELLER nor, to the best of SELL R's knowledge, any previous owner, tenant, occupant o user of the Property used, generated, released, discharged, stored or disposed of any hazardous waste, oxic substances or related materials ("Hazardous Materials") on, under, in or- about the Property, or transpor ed any Hazardous Materials to or from the Property SELLER shall not cause or permit the presence, us generation, release, discharge, storage or disposal any Hazardous Materials on, under, in or abo , or the transportation of any Hazardous Materials to 9 from the Property. The term "Hazardous Material" sha 1 mean any substance, material, or waste which is becomes regulated by any local governmental authority, the State of California, or the United States Govern ent, including, but not limited to, any material o substance which is (i) defined as a "hazardous w te, " "extremely hazardous waste" or "restricted haz rdous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California ealth pnd 5afety Cgde, Division 20, Chapter 6.5 (Hazar us Waste Control Law) , (ii;�) defined as a "hazardou substance" under Section 25316 of the if h n , Division 20, Chapter 6.8 (Carpente -Presley-Tanner Hazardous Substance Account Ac ) , (iii) defined as a "hazardous material, " "hazardou substance" or "hazardous waste" under Section 25501/of the CaliforniaHealth and Safety Cgog, Division 20, hapter 6.95 (Hazardous Materials Release Response Pans and inventory) , (ib) defined as a "hazardous substane" under Section 25281 of the Ca-lifornia ,Heal� d-Safety_ Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances) , (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii� listed under Article 9 or defined as "hazardous" or ".extremely hazardous" pursuant to Article 11 of Title 22 of the California Health and Safety Code, Division 4, Chapter 20, (ix) designated as a "hazardous substance" pursuant to Section 311 of the Clear Water Act, (33 U.S.C.1 §1317) , (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation afid Recovery Act, 42 U.S.C. §6901 et seg. • (42 U.S.C. §6903) or (xi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive EnvironmentaljResponse, Compensation, and Liability Act, 42 U.S.C. §6901 ,Ct _seg. (42 U.S.C. §9601) . -3- (3979h) 4 Procedure And Tgrms_fgr PropertY Improvemenns It shall be the responsibility of the City to prow' e r the completion of improvements to Pacific Trailer Park as ec sary to mitigate effects of the street realignment including ep cement of fencing, landscaping or utilities. These obligat' ns shall be extended to include any improvements required to ret r the Park to its former operating condition (see attached pre im nary demolition report) . Specifically, the Owners shal b paid for their direct and indirect documented costs as they r ate to the improvements construction. Further, the Owners s a have the right to review all plans for the public improve n s as they relate to Pacific Trailer 'Par-k and shall have th ight to review and approve prior to construction the private p o rty improvements relating to Pacific Trailer Park. A ,nonexclusive list of the proposed impro a ents that are the City's responsibilities relating to the Waln xtension includes: (1) The removal of the affected mobil omes; and (2) the demolition and removal of th orresponding concrete slabs as required; and (3) the re-construction of concret ads as necessary to maintain remaining lot integri and (4) the repair and/or creation of treet and driveway.-/ improvements; for remaining s, to blend with existing areas; and (5) landscaping within reconfig ed Park boundaries; and (6) the parks flood control sy em connection with City systems resulting from th alnut Avenue extension or Waterfront phases I/II; a (7) electric service changes rom flood control restructuring; and 1 (8) assistance in possible ,s wer pump/lift station relocation; and (9) a new block wall defini g legal boundaries; and (10) landscaping outside Pa k boundaries, along Walnut including maintenance hereof; and r ' (11) co-ordination of SITE ORK contractors or agents with City authority and Pac fic Park; and r (12) payment of fees associa ed with the completion of said SITE WORK. ' i -4- (3979h) Relocation Benefits The City shall offer relocation benefits -to Pacific Tra' ler Park tenants affected by the extension of Walnut Avenue as mandated by the California Relocation Assistance -Act (Gov rnment Code Section 7260) and specifically outlined by the Cit , s Rules and Regulations for Relocation Assistance (Exhibit "B") . In order to provide comparable replacement housing as stipulat by the City' s relocation guidelines, one option offered to a Pacific Trailer Park tenants will be relocation to a mobile me park to be constructed by the City. IN WITNESS WHEREOF, -Property Owner and City h ve executed this Agreement as of the dates set forth below. 1988 CITY OF H TINGTON BEACH By May "City" ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1988 FOX HILLS TRAILER PARK, a California General Partnership By General Partner By General Partner -5- (3979h) THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON B ACH RULES AND REGULATIONS FOR RELOCATION ASSISTANCE, GRIEVANCE PROCEDURES AND REAL PROPERTY ACQUISITIO POLICIES FOR REDEVELOPMENT AGENCY PROJECTS lgg8 1:0 STATEMENT OF POLICY: TOPp °vea VaY Z California Relocation Assistance Act (Government Cod Section 7260, e� 5eq•) requires that a public entity shall provide relocation dvisory assistance and make specified payments to those persons and businesses displaced as the result of acquisition of real property for public use. ursuant to Section 33411 of the California Community Redevelopment Law ajid Section 6038 b (5) of the California Relocation Assistance Guidelines, a ethod and plan (advisory services) must be provided for the relocation families and persons to be displaced from designated redevelopment projec areas. The plan which follows is In compliance wig these sections of the law and guidelines and is further Intended to demonstrate both the City of Huntington Beach's and the Redevelopment Agency's gdear intentions to provide maximum relocation advisory assistance to perso4 who may be displaced by the Huntington Beach redevelopment activities. Such professional assistance, together with payment of relocation benefits as provided for in Section 7260 et.seq. of the Government Code, ar(land purposefully intended to minimize the inconvenience caused by displaceZngton the need to relocate. 2.0 DEFINITIONS: 2.1 Ate- means the Hun Beach Redevelopment Agency, Its staff } and consultants and con actors it employs. 2.2 Acquired Dwelling - means a dwelling purchased by the Agency, a dwelling for which urchase negotiations have been initiated, or a dwelling on which r habilitation activities or Participation Agreement activities have bee required. 2.3 Avera a Annual Net Earnings - one-half of the net earnings of a business before federal and state income taxes realized during the two tax years of th business immediately preceding the tax year in which the real prope ty on which the business is located is acquired by the Agency, or d ing such other period the Agency determines to be more equitable for establishing such earnings. For businesses operated for a period less han two tax years prior to the date of acquisition, a different p riod may be adopted as may be determined to be equitable. , Net earnin s shall include salaries, wages or ether compensation paid by the busin to the owner thereof, the owner's spouse, or the owner's dependen s. 2.4 Business - means any lawful activity, excepting a farm operation, conduct d primarily: -- or the purchase, sale, lease or rental of personal and real roperty, and for the manufacture, processing or marketing of roducts, commodities or any other personal property; or 04011 _l_ I Exhibit "B" — For the sale of services to the public; — By a nonprofit organization. 2.5 City - means the City of Huntington Beach. 2.6 Com arable Re lacement Dwelling - means a residential dwelling which satisfies each of the following standards: — Functionally equivalent and substantially the same as the acquired dwelling, including newly-constructed housing. — Decent, safe, sanitary and adequate in size to meet the needs of the displaced family or person. However, at the option of the displaced person, a replacement dwelling has the same number of rooms or the equivalent square footage as the dwelling from which he was displaced. — Available in the open market to the displaced person and open to all persons regardless of race, color, sex, age, marital status, religion or national origin, consistent with the requirements of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. — Located in an area not generally less desirable than the one in which the dwelling acquired by the Agency is located with respect to: - Neighborhood conditions, schools and municipal services; - Public utilities; - Public and commercial facilities; and - Reasonably accessible to the displaced person's present place of employment or potential place of employment. — Within the financial means of the displaced family or person. A replacement dwelling is within the financial means of a displaced person if the monthly housing cost (including payments on mortgage, taxes and insurance) or monthly rental cost (including utilities and other recurring expenses payable by the Tenant) including any replacement housing payment available to the displaced person does not exceed 25 percent of the displaced person's or family's average monthly income. A replacement dwelling is within the financial means of a displaced person if the purchase price of the dwelling, including related increased interest costs and other incidental expenses, does not exceed the total amount of the eminent domain award or the negotiated acquisition price paid by the Agency for the dwelling acquired and the replacement housing payment available to the displaced person. J 0448H -2- 2.7 Conventional Loan - means a mortgage commonly given by banks, savings and loan associations to secure advances on, or the unpaid purchase price of real property, payment of which is not insure by any agency of the state or federal governments. 2.9 Date of Initiation of negotiations for the Parcel - means h date the Agency makes the first personal contact with the wn r or his representative and furnishes him with a written offer o p chase the property. For purposes of establishing payment eligibilit in I e case of rehabilitation, code enforcement and parti patiog agreement activities, "Initiation of Negotiations" shall mea the date on which a displacee moves from a displacement site. 2.10 Director - means the Administrator of a Agency's Relocation �istan'ce Program; Le.,$cpu Rcdevelepa+e"-» 2.11 Displaced Person - means any person who oyes from real property, or who moves his personal property from r 1 propert� as a result of the acquisition of such real property, in who a or in part, by a public entity or by any person having an agreemen with or cting on behalf of a public entity, or as the result of a wri ten order rom a public entity to vacate the real property for public us - Ibis definition shall be construed po that persons displaced as a result of public action receive relocati6n benefits iin cases where they are displaced as a result of Participation Agreement or an acquisition carried out by a private perso rfor or in connection with a public use J where the public entity is oth wise empowered to acquire the property to carry out the public use. / Where only a portion ofhe real property is taken, a person who occupied all or a portio of the remainder shall be considered a displaced person only if fhe acquisition or construction of the project made the displacement teessary. For purposes li ib ? for advisory assistance p po s of e g � ity a vi y is a and moving expenses (excluding the In-Lieu and Replacement Housing Payments), a person is considered dispiaced f he receives a written notice from the Agency to vacate other real pr perty on which the person conducts a business. • a 2.12 Dwelling - means any single-family house, a single-family unit including a non-housekeeping unit) in a multi-family building, a unit of a condominium r cooperative housing project, a mobile home or any other residenti unit. 2.13 Economic Rent - means the reasonable rental expectancy if the property, wer available for rent,'or lease; the rent or lease payment being paid fo comparable space as distinguished from contract rent or lease payme t. 2.14 Eligible 'Pe.son - means any displaced person who is lawfully entitled to any reloca ion payment under state or federal regulations. i 044811 -3- 2.15 Family - means two or more individuals who by blood, marriage, a-Topton or mutual consent live together as a family unit. 2.16 Farm Operation - means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including time, for sale or home use and customarily production such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. 2.17 Gross Income - means the annual income from all sources of each member of the family residing in the household who is eighteen (18) years of age or over, except that income of a head of household or his spouse who is under eighteen (18) shall be included. Gross income is based on the 12-month period immediately prior to displacement. If the Agency determines, on a case-by-case basis, that the use of the 12-month period prior to displacement would result in a hardship to the claimant, an alternate period, actual or projected, may be used in such exceptional situations. 2.18 Incidental Expenses - means expenses incurred by an eligible displaced person in connection with the purchase of a comparable replacement dwelling which are reasonable and limited to the following: — Lender, FHA or VA appraisal fees; — FHA or VA application fee; — Certification of structural soundness; — Credit report; — Title search expense and title insurance policy premiums; — Sales, transfer taxes and revenue stamps; — Escrow agent's fees; — Notary fees; — Recording fees; — Fees for preparing documents relating to purchase of the replacement dwelling; — Loan service fee not to exceed one percent 0 %) of the purchase price and origination or discount points customarily charged. Prepaid expenses and any fee, cost, charge or expense which is determined to be a part of the debt service or finance charge under Title I of the Truth and Lending Act (Public Law 90-321) and Regulations Z issued pursuant thereto by the Board of Governors of the Federal Reserve System shall not be deemed an incidental expense. i 0448H -4- 2.19 Mobile Home -means a vehicle, other than a motor vehicle, designed or use o- uman habitation, for carrying persons and property on its own structure and for being drawn by a motor vehicle. 2.20 Monthly Gross Income - means the total monthly income of a family or ndividual irrespective of expenses and voluntary or involuntary deductions and Includes, but is not limited to, salaries, wages, tips, commissions, rents, royalties, dividends, Interest, profits, pensions and annuities. 2.21 Mortgage - means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of real property, together with the credit instruments, If any, secured thereby. 2.22 Nonprofit Organization - means a corporation, partnership, individual or other public or private entity engaged in a business, professional or Instructional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises. 2.23 Owner - means a person "owns a dwelling" if he: — holds fee title, a life estate, a 99-year lease, or a lease with not less than 50 years to run from date of acquisition of the property for the project; -- Holds an interest in a cooperative housing project which includes the rights of occupancy of a dwelling unit therein; -- Is the contract purchases of any of the foregoing estates or interests; -- Has a leasehold interest with an option to purchase;or — Owns a mobile unit which, under state law, is determined to be real property, not personal property. 2.24 Person -means any individual, partnership, corporation or association. 2.25 Personal Property (Tangible, Personal Property) - means tangible property which is situated on the real property vacated or to be vacated by a displaced person and which is considered„personal property and is noncompensable (other than for moving expenses) under the state law of eminent domain, and in the case of tenant, fixtures and equipment and other property which may be characterized as real property under state or local law, but which the tenant may lawfully, and at his election determines to move and for which the tenant is not compensated in the real property acquisition. In the case of an owner of real property, the determination as to whether an item of property Is personal or real shall depend upon how it 0448H -5- is identified in the acquisition appraisals and the closing or settlement statement with respect to the real property acquisitions: provided, that no item of property which is compensable under state and local law to the owner of real property in the real property acquisition may be treated as tangible personal property in computing actual direct losses of tangible personal property. 2.26 Prepaid Expenses - means items paid in advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow including, but not limited to real property taxes, for insurance, homeowners' association dues and assessment payments. 2.27 Project Manager - the Project Manager (as designated by the Director) shall be the person with primary administrative responsibility for the redevelopment project area from which the displacement has occurred. 2.28 Public Use - means a use for which real property may be acquired by eminent domain. 2.29 Purchases (Replacement Housing) - means: — The acquisition, construction or rehabilitation of a dwelling, the purchase and rehabilitation of a substandard dwelling, the relocation or relocation and rehabilitation of an existing dwelling, or the entering into a contract to purchase, or for the construction of a dwelling to be constructed on a site to be provided by a builder or developer or on a site to be provided by 1 a builder or developer or on a site which the displaced person �i owns or acquired for such purpose. — Mobile homes must be registered with the California Department of Motor Vehicles in the name of the claimant in order that they be considered as "purchased" replacement dwellings. 2.30 Relocation Subcommittee of Agency - the Relocation Subcommittee of the Agency shall consist of any two (2) members of the Agency and the Executive Director of the Agency. 2.31 Relocatee - means any person who meets the definition of a displaced person. 2.32 Relocation Appeals Board - the Relocation Appeals Board shall consist of the Director or one designee) from the City's departments of Administration, Community Services, and Redevelopment. No designee may be the same person which has previously rendered a decision on the appealed case. 2.33 Tenant - means a person who enters and remains in possession of a dwelling (including a sleeping room) owned by another with the express permission of that owner or his representative. } 0448H -6- 3.0 ADMINISTRATIVE ORGANIZATION 3.1 Responsible Agency The Huntington Beach Redevelopment Agency is the local ublic agency which is responsible for the relocation of individ als, families, businesses and institutions that are displaced a a result of redevelopment project activities. The Agency will me t its relocation responsibilities through qualified staff or qua Pied relocation consultants that will manage the complexities of pr viding relocation advisory assistance. Their services may be pplemented with assistance from local realtors, social agencies and c' is organization. 3.2 staffing The Agency shall ensure that staff who are c ged with the duties of providing relocation implementation servi s are qualified and experienced in housing and' urban developme , relocation procedures, social service programs, public housing and p operty management. Tie Agency's relocation program shall be desig ed so as to maximize the use of other City departments, as appropr*te, as well as other social service agencies .which regularly provide counseling, referral and specialized programs to those who quali jr. Such relocation programs shall, to the extent feasible, be design to encourage relocation of families and persons into other neigh rhoods in Huntington Beach without interfering with the displaceell option to select a replacement house of his choice, whether tha/hom, is within or outside the city of Huntington (teach. 3.3 Agency Staff Functions The functions of the Agency'sion staff shall in include the following: -- Interpret the Agency's po all site occupants about the redevelopment project and its effect upon project area occupants. — Determine the reloca 'on needs and desires of all site occupants through personal interviews and to keep each informed of their rights and responsibi hies under the redevelopment program, as well as to apprise hem of the relocation resources, special services and aids to hich they are entitled. — Enlist the cooper tion of real estate agents, home builders, property manage ent firms, social service agencies, civic groups and others in to ating suitable relocation accommodations for displacees and t provide other services deemed essential for the successful reloc tion of project area occupants. �— Locate, inspec and evaluate, or stimulate the development of, housing facilities to meet the needs of all project area occupants and refer and therwise assist said occupants in securing housing which they re uire. 044811 -7- Secure priority consideration for persons eligible for and desiring public housing or any other housing to which displacees are entitled, and take other appropriate steps as necessary to expedite their placement into such housing. Advise and assist owners and site occupants in understanding and utilizing the "owner, business, and tenant participation" opportunities provided for in the Redevelopment Plan. — Assist prospective home buyers in obtaining appropriate mortgage financing and advise them of special FHA, VA and other financial aids available. Make referrals to community social, welfare, and other similar agencies when such referrals are deemed advisable and cooperate with these agencies on an individual basis to assist in the solution of specific problems affecting the relocation of individuals, or groups of relocatees. Maintain liaison services between businesses, site occupants, and commercial property brokers, realty boards, Chambers of Commerce, the Small Business Administration, the economic development agencies, lending institutions, and other appropriate resources for advice and assistance in effecting the satisfactory relocation of site occupants. Assist project area occupants in preparing all claims for relocation payments to which they are entitled. — Establish records, maintain files, and provide ongoing reports to the Executive Officer and Agency on field relocation activities. Coordinate relocation activities with other Agency operations. 4.0 REPLACEMENT HOUSING STANDARDS It is the Agency's objective that all displaced residential occupants be rehoused, with a minimum of hardship, into accommodations that are decent, safe, sanitary, and suitable to their individual needs; located in areas not less desirable than housing which exists in the Project Area with respect to public utilities and public and commercial facilities, and are reasonably accessible to the project area occupants' places of employment; and are priced within their financial means. The standards set forth below have been established by the Agency to achieve these objectives. 4.1 Standards for Dwellings A decent, safe, and sanitary dwelling is one which meets all of the following minimum requirements: 0448H -8- 4.1.1 Conforms with all applicable provisions for existing structures that have been established under state or local building, plumbing, electrical, housing, and occupancy codes and similar ordinances or regulations. 4.1.2 Has a continuing and adequate supply of potable safe water. 4.1.3 Has a kitchen or an area set aside for kitch/efacilities hich contains a sink in good working condition and connehot and cold water, and an adequate sewage system. A d refrigerator in good operating condition shall be provin required by local code, ordinances or custom. When thto are not so required by local codes, ordinances or , the kitchen area or area set aside for such use shal have utility service connections and adequate space for th installation of such facilities. 4.1.4 Has an adequate heating system in goo working order which will maintain a minimum temperature of!70 degrees in the living area, excluding bedrooms, under )ocal outdoor temperature conditions. A heating system will not be required in those geographical areas where such is of normally included in new housing. 4.1.5 Has a bathroom, well-lighted and ventilated and affording privacy to a person within It, containing a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal 1 system. # 4.1.6 Has an adequate and safe I Wiring system for lighting and other electrical services. , 4.1.7 Is structurally sound, weatthertight, in good repair and adequately maintained. 4.1.9 Each building used for dwelling purposes shall have a safe unobstructed means df egress leading to safe open space at ground level. Eachwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level. In multi-dwelling buildings of three stories or more, the common corridor on each st f y must have at least two means of egress. . 4.1.9 Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries; bath or toilet rooms, service rooms, connecting corridors, laundries, and unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. 044811 -9- 4.1.10 Every bedroom shall contain not less than 80 square feet of habitable floor area and at least one window opening to the outside. If more than two persons occupy the room, an additional 60 square feet of floor area shall be required for each additional person. 4.2 Standards for Sleeping Rooms (nonhousekeeping units) A decent, safe, and sanitary sleeping room is one which includes the minimum requirements contained in Section 4.1., subparagraphs 2, 4, 6, 7 and 8 of this section and the following: — At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant. — Lavatory, bath and toilet facilities that provide privacy, including a door that can be located if such facilities are separate from the room. 4.3 Standards for Mobile Homes A decent, safe and sanitary mobile home is one which includes the minimum requirements contained in Subsection 4.1, subparagraphs 2, 3, 4, 5, 6, 7, 8 and 9 of this section except that it may have 70 square feet of habitable floor space for each additional occupant and bears the insignia of approval issued by the State of California, Department of Housing and Community Development, pursuant to the California Health and Safety Code, except those manufactured prior to September 1, 1958. 4.4 Ability to Pay The Agency's relocation staff will give consideration to the particular financial situation of each family or individual and will seek the occupant's concurrence in the final determination of what he can afford to pay for housing. Every effort will be made to maintain the lowest possible housing cost-income-ratio, which at the same time provides the relocatee with adequate housing. As a general rule, displacees should usually be able to pay gross monthly rentals based on the following criteria: — Families and individuals - 25% of gross income. — Displacees eligible for public housing - rents as established by the Housing Authority, which are graded to income. — Incomes, assets and debts are to be evaluated in determining the relative price which is approximately two and one-half times annual gross family income, combined with monthly payments not exceeding 25% of gross monthly income, will be considered as being within the financial means of those contemplating home ownership. 0448H -10- Displaeees may voluntarily relocate to units exceeding these standards in price, but such units may not be used as referrals by the Agency. , 4.5 Miscellaneous Additionally, units used for referral or feasibility purposes may not be located in areas subject to unreasonable environmental Influences and must be available on a nondiscriminatory basis. 4.6 Exceptions Exceptions to housing standards may be granted in emergency or other unusual situations. Such exceptions will be limited to items and circumstances that are beyond the reasonable control of the relocatee. Exceptions will not be granted for items which render the dwelling hazardous, unsafe or unsanitary. 4.7 Environmental Standards It will be the Agency's policy to refer families and individuals to housing In areas not less desirable in regard to public utilities and services, and commercial facilities than presently available in the Project Area. Furthermore, such housing shall, to the extent possible, be within a reasonable distance for daily commuting to the displacee's place of employment. 4.8 Temporary Housing Standards Housing not meeting the Agency's established standards for permanent relocation may be used for temporary housing only when it becomes necessary to relocate a project area occupant pending the availability of permanent quarters; to facilitate commencement of demolition or site improvement operations; to vacate premises which are unsafe; and/or to effectuate reductions in overall redevelopment project costs. In no event will the temporary housing offered by the relocation staff be of less desirable character than that from which the project area occupant is being moved; further, such temporary housing shall be in a safe and habitable condition. Temporary relocations made by the Agency will be kept to a minimum -both as to number and duration, and will not diminish the Agency's obligation with respect .to the displacee's permanent relocation. 7be necessary costs Incurred in temporary on-site moves made at the direction of the Agency will be paid by the Agency. If a self-relocatee moves into temporary housing and declines without satisfactory reason to accept standard housing to which he is referred, It will be'considered that the Agency's responsibility to the relocatee has been discharged. r 044811 -11- 4.9 Obtaining Relocation Housing The Agency will establish a working relationship with owners, operating managers, realtors, multiple listing bureaus, property management firms, and others offering a wide variety of private standard housing for rent or sale. Based principally on this relationship, an ample supply of replacement housing will be made available in order to carry out the Agency's relocation program. The Agency will obtain, inspect, and maintain current listings of standard rental and sale properties which are appropriate for relocation and are available on a nondiscriminatory basis. Information on the size, rental or sale price, financing terms and location of available units will be given to displacees seeking referrals and, as necessary, the relocation staff may provide transportation or otherwise assist the displacee in obtaining such housing. 5.0 ASSURANCE OF RELOCATION RESOURCES Before actual displacement is to occur, the Agency will assure that, within a reasonable period of time, there will be available comparable, decent, safe, and sanitary housing sufficient to meet the needs of displacees and available at prices they can afford. In order that the Agency make such assurance, it will, prior to any displacement, undertake surveys if the needs of displacees and of the nature and extent of available standard housing suitable to meet the needs of those families and individuals to be displaced. Adequacy of housing resources will be judged on the basis of such factors as vacancy rates, actual availability within applicable unit size and price ranges, degree of choice available within the housing supply and relationship of available units found to the needs of displacees as determined by occupancy surveys. The Agency will document a finding of adequacy of housing availability after completion of the required surveys and upon demonstration that resources will be available at least 60 days before displacement occurs. No family or individual will be required to move until or unless suitable replacement housing is available at a price they can afford; no family or individual will be required to move unless or until at least three such suitable units have been offered to the displacee and rejected by the displacee. 6.0 RELOCATION ADVISORY ASSISTANCE 6.1 General The Agency will provide advisory assistance to all persons displaced or to be displaced as a result of acquisition by the Agency of real property, to all persons displaced as a result of property rehabilitation or code enforcement activities carried out by private persons in conformance with adopted Redevelopment Plans, and to all persons who, because of the acquisition of real property used for a business or farm operation are required to move their personal property from such other real property. 0448H -12- In addition, relocation advisory assistance will be offered to any person occupying real property immediately adjacent to property being acquired by the Agency, if the Director determines that such person has been caused substantial economic injury as a result of the Agency's acquisition. The Agency's relocation assistance advisory program is designed to: — Fully inform displacees of the availability of • relocation payments and assistance and the eligibility requirements. — Through a personal interview, determine each person's need for relocation assistance. — Provide current information on the availability of comparable sales and rental housing and location of comparable commercial properties. — Assure that, within a reasonable period of time prior to displacement, there will be adequate replacement housing available for persons who are to be displaced. — Provide other advisory services, such as counseling and referrals, with regard to financial, employment, training, health, welfare, and other problem areas in order to minimize the hardships'of relocation. — Assist persons in completing required applications and forms. — Inform all persons who are expected to occupy Agency property about rental and property management policies to be used in the project. — Insure adequate inspection of all relocation replacement housing. 6.2 Information Material The Agency will distribute informational materials (see Appendix A) to every area occupant to be displaced or otherwise affected by the project. Written information will be given to each owner and occupant of property to be acquired at the time the Agency acquires the property. A notification that occupants are eligible for relocation payments as of the date of the Agency's first offer to purchase the property shall be given to each occupant as.soon as possible after the first offer has been made. Separate informational material (see Appendix B) will be made available to business concerns (including nonprofit organizations) and farms, when appropriate. In addition to distributing written material, the Agency will conduct personal interviews and maintain personal contacts to the maximum extent possible. Informational materials will be written in the language(s) most easily understood by the persons affected. Site occupants will be informed of project activities and .J timing through meetings and other means. 0448H -13- 6.3 Listings, Referrals, and Assistance in Obtaining Housing — Listings The Agency will provide information to residents on the availability, prices, and rental rates of comparable, decent, safe, and sanitary housing. The Agency will provide residents to be displaced with listings of available dwelling units of appropriate size to meet their needs, and which are within their financial ability to pay. Listings will be available in accordance with the Federal Fair Housing Law (Title VIII of the Civic Rights Act of 1968) and other applicable fair housing laws. Listings will be maintained on a continuing basis as derived from frequent reviews of newspaper ads, street searches, contacts with owners, brokers, managers and agents. — Referrals Relocation housing will be inspected prior to being provided as a referral to assure that it meets replacement housing standards. Units to be referred may not be in a neighborhood slated for governmental action unless that action is related to rehabilitation or improvement of neighborhood amenities. In no case will referrals be made to housing from which it is reasonably anticipated that'the family or individual may again be displaced. In making referrals, the Agency shall give consideration to the proximity of the housing to the displacees' employment or potential employment, including proximity to public transportation and the other public facilities essential to successful adjustment. The Agency shall refer all interested persons to local housing authorities and sponsors of assisted housing. When appropriate, staff will assist in filling out appropriate applications for occupancy. — Assistance in Obtaining Housing Families and individuals shall be advised to tell the Agency of problems experienced in obtaining housing or other accommodations. It is the obligation of the Agency to assist in resolving these problems. The Agency has the responsibility to provide prompt information on the availability of housing and to assist displacees in obtaining the units of their choice. The Agency shall provide assistance, at the prospective homeowners request, in obtaining mortgage financing, including helping in the preparation and submission of purchase offers, obtaining credit reports, and verifying employment, and making any other appropriate arrangements with lending institutions to facilitate the obtaining of loans, particularly for minority-group and low-income families and individuals. 0448H -14- 6.4 Social Services Ali families and individuals will be provided with access to needed social services and counseling In order to minimize hardships involved in the relocation process. 6.5 Assistance to Business Concerns, Nonprofit Organizations and Farms The Agency will provide relocation advisory assistance to all business concerns, nonprofit organizations, and farm operations to be displaced by a project. The Agency will also provide advisory services and assistance to any business concern or nonprofit organization occupying property which Is immediately adjacent to: (1) the Project Area; or (2) any real property acquired, when the business is determined to have suffered substantial economic injury as a result of project activities. The specific services which the Agency will provide to business concerns, nonprofit organizations and farm operations are the following: Consultations The Agency will consult with the owner or operator to determine the need for relocation assistance and nature of replacement site requirements. The consultation will include discussions of such items as space, traffic patterns, market and other requirements, and the total number of employees. --- Current Information on Relocation Sites The Agency will provide current information on the availability, costs, and square footage of comparable locations and make referrals to real estate brokers who may be able to assist in obtaining suitable accommodations. In making referrals and providing information, the Agency will provide maximum assistance but avoid involvement in the business operation itself. — Economic Information The Agency will provide information relative to property values, growth potentials and economic information which may assist in enabling the business to make informed decisions relative to relocation. — Referrals to SBA Where appropriate, business concerns will be referred to the Small Business Administration (SBA) for 'managerial, financial and technical assistance. 0448H -IS- 6.6 Equal Opportunity In carrying out relocations, the Agency shall take affirmative steps in providing displaced families and individuals maximum opportunities in selecting housing. The following are affirmative actions that the Agency may take: — Make full use of government housing programs and normal real estate management and brokerage services. — Inform members of minority groups of the opportunities in neighborhoods and provide services necessary to familiarize them with those neighborhoods. — Provide escort services to real estate offices in all neighborhoods. — Cooperate with all fair housing groups interested in equal opportunities in housing. 6.7 Self-Relocation and Inspecting The Agency will make every effort to_ inspect the dwellings of self-relocated families and individuals prior to their move. When displacees move without notifying the Agency, every reasonable effort will be made to locate the displacee and inspect the replacement dwelling. Such search activities will continue until the family or individual is found, or twelve months' time has elapsed, whichever is sooner. Upon inspection, if a dwelling is found to be substandard, the Agency must offer assistance in securing standard accommodations. Should the family or individual decline a minimum of three offers of standard dwelling units and its present dwelling unit does not meet standard housing criteria, the Agency shall notify the displacee in writing of his ineligibility for replacement housing payments. 6.8 Relocation Records The Agency will maintain a relocation record, beginning with the information obtained during the first interview to assess relocation needs. A separate record shall be prepared for each family, each individual maintaining a unit, each business concern, nonprofit organization, and farm operation. The record shall contain all data relating to dates and types of services provided, the type and amount of relocation payments made, and the location to which those displaced relocated, including a description of the accommodation. 6.9 Agency Evaluation The Agency will periodically evaluate the relocation program to determine its effectiveness in assisting persons affected by its projects and its conformance to provisions of state and federal laws. Both the quality and quantity of services provided will be considered. 0448H -16- 7.0 RELOCATION PAYMENTS The Agency will make relocation payments to all eligible families, individuals, business and institutions displaced by project activities in accordance with the regulations governing relocation payments as established by the State of California. An informational statement (see Appendices A and B) will notify the site occupant of his eligibility for relocation payment and generally instruct him on procedures for filing claims. Com lete• rules and regulations will be carefully explained individually t each displacee and copies of all instruction given to him. Displacees ay consult with Agency staff whenever problems arise, and throe recurring visits, Agency staff will attempt to anticipate problems and lausible solutions. . 7.1 Qualifications-and Conditions for Payments The Agency will pay reasonable and necessary r ing expenses and/or storage costs; actual direct loss of person r property for which reimbursement or compensation is not otherw a made by the Agency (through purchase, etc.), or a combination of ,bath. Under certain circumstances, some families/and individuals may qualify for replacement housing payments and certain businesses may be eligible for an alternate payment in lieu of moving expenses and certain other expenses. Former owners will /�be reimbursed for certain settlement costs and related charges incurred in the sale of property to the Agency. • Eligibility for payments will be based,upon the provisions of pertinent sections of the State of California Government Code and Relocation Rules and Regulations as adopted by �e Agency. 7.2 Payment Amounts Eligible families and Individuals will be given the option to claim: (1) reimbursement of their actual and reasonable moving expenses and/or eligible storage costs; or (2) a moving expense allowance not to exceed $300 based on a schedule relater) to the number of rooms occupied and a Dislocation Allowance of $200. In addition, homeowners may be entitled to receive a replacement housing payment of up to $15,000 when purchasing a replacement dwelling and tenants, including such tenants electing to purchase,land owners electing to rent a replacement dwelling may be entitled to receive a payment not to exceed $4,000 , toward the rental or purchase of a comparable replacement dwelling. Eligible business concerns and institutions will be reimbursed for: (1) actual and reasonable moving costs; and (2) any actual direct Ioss of personal property; or in lieu thereof, certain businesses may elect to receive an alternate payment of not less than $2,500 nor more than $20,360, equivalent to the average annual net earnings of the business and based upon such earnings for the two taxable years immediately preceding the year of displacement. No temporary on—site mo ves made for the convenience of the Agency will be chargeable to a si a occupant's allowable relocation payment. 0448H —17— No temporary on-site .moves made for the convenience of the Agency will be chargeable to a site occupant's allowable relocation payment. 7.3 Filing Claims -- All claims for relocation payments must be submitted on forms z which will be provided by the Agency. -- Special Conditions for Business Concerns A business concern must give the Agency at Ieast thirty (30) days, but •not more than ninety (90) days written notice -of its intention to move and must permit the Agency, at all reasonable times, to inspect the personal property to be moved. Self-moves for business will be allowed. 7.4 Documenting Claims A claim must be supported by the following; -- If for moving expenses, except in the case of a fixed payment, an itemized receipted bill or other evidence of expense. — If for actual direct loss of personal property, written evidence thereof, which may include appraisals, certified prices, copies of bills of sale, receipts, cancelled checks, copies of advertisements, offers to sell, auction records, and such other records as may be appropriate to support the claim. — Documentation may be required by the Agency; and may include income tax returns, withholding or informational statements, and proof of age. All claim papers and related evidence will become permanent records in the Agency's files. The reason for disallowing any portion of a claim will be stated in writing to the claimant. 8.0 ASSISTANCE TO BUSINESSES AND OTHERS 8.1 Individuals All services to be offered displaced families will be equally available to individuals 'becupying separate housekeeping or nonhousekeeping accommodations. 8.2 Others ; The Agency will cooperate fully with an owner of any property In the project area which is not proposed to be acquired by the Agency but which must be vacated In order for the owner to participate in the redevelopment program. If he and/or his tenants are so vacated, then the Agency's relocation advisory services will be offered to them. 0448H -18- 8.3 Businesses and Institutions Representatives of businesses and institutions located within a project area will be personally interviewed to determine their relocation needs and preferences, provided general and special informational material, assisted In preparing relocation claims, helped In finding other suitable locations within or outside the projected area, and referred to other groups or agencies for assistance in completing a satisfactory relocation. As the situation requires, the relocation staff will refer these displacees to, and maintain liaison between, the Small Business Administration, the Economic Development Agency, trade associations, Chambers of Commerce, lending institutions, real estate agencies, brokers, and multiple listing realty boards in order that they may be assisted on a nondiscriminatory basis in obtaining suitable relocation premises; financial help, and guidance in reestablishing their operations. The office of the Small Business Administration and economic development agencies will be made aware of the project and, hopefully will work closely with the Agency and displacees in extending their assistance. Information about these agencies will be available from the relocation staff, and referrals to them and to others who can assist commercial displacees will be made with the same consistency and comprehensiveness as referrals of residents to social service agencies. 9.0 NOTICES TO VACATE 9.1 General Policy No person or business lawfully occupying real property acquired by the Agency shall be required to move from a dwelling or to move his business or farm without at least ninety days' notice in writing, except In unusual emergency situations or where the public health and safety require immediate possession. No person shall be required to vacate a dwelling unless comparable decent, safe, and sanitary replacement housing is available, except in public health and safety emergencies. 9.2 Nines-Day Notice A ninety-day notice to vacate may not be issued before the Agency has control of the property to be vacated. Such control may be any of the following: -- Where property is acquired through negotiation, control by the Agency will accrue to the date of recordation of the deed; 0448H -19- Where property is to be acquired through eminent domain proceedings and possession is granted by an Order of Immediate Possession, control is taken to mean the date on which such Order is granted, provided that the effective date of the Notice coincides with or falls later than the effective date of the Order; or Where property is to be acquired through eminent domain proceedings but no Order of Immediate Possession is taken, control accrues to the date of recordation of the Final Order of Condemnation. Any ninety-day notice to vacate shall contain a firm specific date by which the relocatee must vacate the property and shall include a statement that the relocatee will not be required to move from a dwelling, or to move his business or farm before ninety days from the date of the Notice. Such notice shall inform the relocatee that he also will be given a thirty-day written notice specifying the date by which the property must be vacated. 9.3 Thirty-Day Notice At least thirty days prior to the effective date of any ninety-day notice to vacate, the Agency will issue to each occupant a thirty-day notice which reconfirms the specific date established for vacation of the property. 9.4 Extensions of Notices On or before the effective date of a vacate notice, but subsequent to issuance of a thirty-day notice, a written extension of time may be granted should conditions or lack of available replacement housing or commercial sites warrant. Such extensions may not be granted for more than thirty days at one time; additional thirty-day extensions may be granted as necessary to the successful relocation of the site occupant. 9.5 Execution of Notices All notices to vacate and extensions thereof shall be signed by the Agency Executive Director or his designee. 10.0 APPEALS PROCEDURE AND ADMINISTRATIVE REVIEW 10.1 Purpose The purpose of this section is to set forth rules for processing appeals from Agency determinations as to eligibility pursuant to a relocation claim, the amount of payment, and for processing appeals from persons aggrieved by the Agency's failure to refer them to comparable permanent or adequate temporary replacement housing. 1 0448H -20- 10.2 Right of Review -- Any complainant, that is any person who believes himself aggrieved by a determination as to eligibility, the amount of payment, the failure of the Agency to provide comparable replacement housing or adequate temporary replacement housing, or the Agency's property management practices, may, at his election, have his claim reviewed and reconsidered in accordance with the procedures set forth in t/en A person or organization directly affected btion plan may petition the Agency to review the fina plan as provided for in the Guidelines. 10.3 Notification to Complainant If the Project Manager denies or refuses to coaim, the complainant shall be notified within 15 days of suation and shall be informed of the reasons for such denial or refusal, and the applicable procedures for obtaining review fof the decision. If necessary, such notification shall be in a language most easily understood by the complainant. 10.4 Stages of Review by the Agency — Request for Further Written Information: A complainant may request the Project Alanager to provide him with a full written explanation of the Agency's determination and the basis therefor, if he feels that the Axplanation accompanying the payment of the claim or notice of refusal inadequate. The Project Manager shall provide such an explanation to the complainant within IS days aft r receipt of his request. — Informal Oral Presentation: A complainant may request an informal oral presentation before seeking formal review and reconsideration. A request ffor an informal oral presentation shall be filed within the period described in subsection (4) of this section, and within 15 days?of the request, the Project Manager shall afford the complainant the opportunity to make such presentation. The• complainant may be represented by an attorney or other person of his choosing. `This oral presentation shall enable the complainant to discuss the claim with the Director or a designee (other than the person who made the Initial determination) having authority to revise the initial determination. The right' to formal review and reconsideration shall not be conditioned u n requesting an oral presentation. Written Request for Review and Reconsideration: At any time within the period described in subsection 4 a complainant may file a written request for formal review and reconsideration. The complainant may include in the request for review any statement of fact within the complainant's knowledge or belief or other material which ay have a bearing on the appeal. 0448H -21- Time Limit for RequestingReview: A complainant desiring either r an informal oral presentafron or seeking a formal review and reconsideration shall make a request to the Agency within eighteen months following the date the move from the property is completed or the date final compensation for the property is received, whichever is later. 10.5 Formal Review and Reconsideration by the Relocation Appeals Board — The Relocation Appeals Board (as defined in Section 2.32 hereof) shall consider the request for review and shall submit its findings to the Agency staff with a recommendation whether a modification of the initial determination is necessary. The Relocation Appeals Board shall consider every aggrieved claimant's request and inform him that he has the right to be represented by an attorney, to present his case by oral or documentary evidence, to submit rebuttal evidence, to conduct such cross-examination, as may be required, for a full and true disclosure of facts, and to seek judicial review once he has exhausted administrative appeal. — Scope of Review: The Relocation Appeals Board shall review and reconsider the initial determination of the complainant's case in light of: - All material upon which the Agency based its initial determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. - The reasons given by the claimant for requesting review and reconsideration of the claim. Any additional written or relevant documentary materials submitted by the claimant. Any further information which the Relocation Appeals Board in its,discretion, obtains by request, investigation, or research, to ensure fair and full review of the claim. Evidence: The hearing shall be formal but need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. 0448H -22- hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege and of official or judicial notice shall be effective to the same extent as in civil actions. Irrelevant and repetitious evidence shall be excluded. Oral evidence shall be taken only under oath or affirmation. Burden of Proof: The burden of proof shall be on th claimant in a cases. Counsel: At all hearings held before the Rel cation Appeals Board, complainants may be advised by an torney at law, licensed to practice in the State of Califo ia. A separate counsel so licensed may also advise the elocution Appeals Board, on matters of law. The Relocation Appeals Board shall exerci a all powers relating to the conduct of the hearing. In no cas shall the Relocation Appeals Board's counsel participate i the decision of the ultimate issue. Time Limits: The matter shall be set by th Relocation Appeals Board, and the claimant shall be give at least five business days' notice in writing of the dat and place of such hearing either by registered or certif ed mail, postage prepaid. - The determination of revilw shall be issued as soon as possible, but in any event; no later than six weeks from receipt of the last materiel submitted by the claimant for consideration, or the "Ate the hearing is terminated, whichever is later. In the case of the clai ant's dismissal for untimeliness or for any other reason seA on the merits of the claim, a written statement s all be furnished to the claimant stating the reason f r the dismissal of the claim as soon as possible, but not ater than two weeks from receipt of the Iast material bmitted by the claimant or the date the hearing Is terminated, whichever is later. 10.5 Appeal to Relocation Subcommittee of Agency If any claimant is unsatis ed by the decision rendered by the Relocation Appeals Board, th claimant may appeal this decision to the Relocation Subcommittee o the Agency within ninety (90) days of receipt of the Relocation the Board decision. The Relocation Subcommittee of the Agenc (as defined In Section 2.30 hereof) shall abide by all the rules of evi ence, procedures, time limits and all other provisions defined In Sectio 10.5 hereof. 044811 - 3- 10.7 Appeal to Agency If any claimant is unsatisfied with the decision rendered by the Relocation Subcommittee of the Agency the claimant may appeal its decision to the full membership of the Redevelopment Agency within ninety (90) days of receipt of the decision of the Relocation Subcommittee. The Agency shall abide by all the provisions of Section 10.5 hereof and in addition this appeal will be heard at a regular meeting of the Agency and shall be conducted as a public hearing of the Agency following not less than ten (10) calendar days public notice in a newspaper of general circulation. 10.8 Requests to Waive Time Limitations A complainant may request a waiver of time limits provided, by filing a written request for a review of a decision in accordance with the procedures set forth in Section 10.4 and 10.5, except that such written request for review shall be filed within ninety (90) days of the claimant's receipt of the Agency's determination. 10.9 Extension of Time Limits The time limits specified in Section 10.4 may be extended for good cause by the Director. 10.10 Recommendations by Third Party Upon agreement between the claimant and the Board, a mutually l acceptable third party or parties may review the claim and make advisory recommendations thereof to the Agency for its final determination. In reviewing the claim and making recommendations, the third party or parties shall be guided by the provisions of this Grievance Procedure. 10.11 Review of Files by Claimant Except to the extent the confidentiality of materials is protected by law or its disclosure is prohibited by law, the claimant shall be permitted to inspect all files and records bearing upon his claim or the prosecution of the claimant's grievance. If a claimant is improperly denied access to any relevant material bearing on the claim, such material may not be relied upon in reviewing the initial determination. 10.12 Effect of Determination on Other Persons The principles established in p11 determinations by the Agency shall be considered as precedent for all eligible persons in subsequent similar situations regardless of whether or not such person filed or has filed a written request for review. All written determinations shall be kept on file and available for public review. 1 0448H -24- 10.13 Right to Counsel Any aggrieved party has a right to representation by legal or other counsel at his expense at any and all states of the proceedings set forth in these sections. 10.14 Joint Complainants Where more than one person is aggrieved by the failure of the Agency to refer them to comparable permanent or adequate temporary replacement housing, the complainants may join in filing a single written request for review. A determination shall be made by the Agency for each of the complainants. 10.15 Judicial Review The determination made by the Agency shall be considered final for purposes of exhaustion of administrative remedies. Nothing in this Article shall in any way preclude or limit a claimant from seeking judicial review of a claim after exhaustion of such administrative remedies as are available. 11.0 ADDITIONAL RELOCATION REQUIREMENTS State law and regulations do not prescribe relocation assistance and benefit requirements that exceed those provided for herein; however, the Agency shall follow and comply with all such requirements prescribed. 044811 -25- Preliminary Proposed Alignments for Huntington Street and Walnut Avenue _ 1 4b -Z .` �•` '` P IF.IC:MOBIL. HOM PA K IL L� �` '♦ ' 1 11. A ♦� 9p Aa �. LEGEND Q Existing Roadway �. q •• Proposed Roadway ♦ Mobile Homes to b Removed / Note: Preliminary proposed Ilgnment. has not been officially `. approved by the City f Huntington Beach. .O'9S ti,�y�gy N No Scale 11/25/87:CP Source: FWLS, Oct. 1887 EXHIBIT "A" i / 1 ♦\ 000' urr ' ♦\ 0 \�awr.a� w.rwn�l /J - + \ �,/ r J ( \ rA r[� \'�\' Jr `✓" ` 11 ' 'l It \ �•r~ • r./ \ ♦ 1 . s-� / � \ 3� 1 j� !/ �± sew" 1 \ ^♦\ 1 \ ,..-�i+"" ryi, 't u ..•...,L,..? \M'a�' \ \ �•' �r i \ \ ,+d' �qr� � V .. ,f�° \ ✓�-'�I'� r i a i r{J^ �� Y \ i r :� . , � �/ \ \ r f. ��f• \ \ �•�r� �� cl,f♦ 7 +, \� , ► f• rYl�+�'a` Z�`�+�\6 Li,�, ✓�,y✓" \� �/ s / �V' +l �r/ \\\ // + 4410, ♦ ♦ i,/1.• / v r f{A�► I: lo .1 e2\b OF Nolee \\ \\ \w *�+r• /�"----ar! j• r. �/. i:! !/fzF Y••r `\ \ /f r • \ \ r.n 1 , �� w i+ . r y �' � s.r�rRs�•.rt..+ar1 / �^ � \ �;p} � / \� // /.. ,I \ ♦ ;�q, \/ a• r^"� ► � • ,� ••�I ial�LLxo.Los rw+�sC All" / \ A rr€:1✓%ia+•...✓ J /o\•nJ /♦ �[♦ 1 \ \ / /% \ \ ' ri' ♦�� _• •. 4 r II c \(� w •n., fV' { _ \ ♦ r ` -y''-""> f i \� GOLF + `• y 4 : \ .. f� //- .'/ - \ / C`< r.1; C� \\ `\` /� /i/ r \ / r` ' 1 \•'=-r r r.. f COURSE ��'��' \:;GY•! .,/ �\\ f•/ \ �I �� /�_ v \ \I � \ /� , V s• Q\` I♦ Imo' r•„ � 0 � =� ��r�r:w�..�s...:.�+ ' ` \\\ 1 ` \ r,.,rri""a\ /// L� %'� ►� '� \\\\ / /j +J y - \:�.. ✓�._� -�I r'r+r~ 1 iv s: 'rr a %wr vt :'•� 1` r`*r I \/ / , '' �/ f \ /'}\4 ; i/ t om' +fir► fare- tide /0 C."etc \\ f # ► _ems. l { 1 ' 1 t 3� 1 1 `'1�1 1 r �, - :: .,.,. ..wv r[oTTI t, , -1� ''.. 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Cook, City Administrator Prepared by: Douglas La Belle, Director of Community Develo n Subject: DRIFTWOOD MOBILEHOME PARK ACQUISITION AND RELOCATION AGREEMENT Consistent with Council Policy? Yes [ ] Now Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: iSTAT NT QE ISSUE: Transmitted for City Council/Redevelopment Agency consideration is a Mobilehome Acquisition and Relocation Agreement between the Redevelopment Agency of the City of Huntington Beach, the Robert Mayer Corporation, the Driftwood Beach Club Mobile Homeowners Association and the individual park tenants. This document details relocation options offered to Driftwood Mobilehome Park tenants displaced by the proposed Waterfront project. RECOMMEND&UORt Approve the Mobilehome Acquisition and Relocation Agreement. NALY • The procedure for the conversion of a mobilehome park is established by Huntington Beach Ordinance Code, Article 927 (Mobilehome Overlay Zones/Removal/Rezoning/Change of Use) . The Ordinance Code requires that an Impact of Conversion Report and a Relocation Assistance Plan be prepared by the applicant and approved by the Planning Commission. The Relocation Assistance Plan is provided to ensure that the impacts of the proposed conversion of the mobilehome park are mitigated in a manner which meets or exceeds the relocation requirements of Article 927. The Impact of Conversion Report provides demographic information which is used to assess the adequacy of a Relocation Assistance Plan. On June 8, 1988, the Planning Commission approved the Impact of Conversion Report and the Relocation Assistance Plan for the Driftwood Mobilehome Park contingent upon City Council/Redevelopment Agency approval of a separate document, the Driftwood Mobilehome Acquisition and Relocation Agreement. This Agreement has been drafted to address the individual needs of Driftwood Mobilehome Park tenants and is the result of numerous meetings between staff and Driftwood Association representatives and individual contact from Driftwood tenants. The Relocation benefits outlined by the Mobilehome Acquisition and l P30 5185 Relocation Agreement are extended to all Driftwood mobilehome owners regardless of membership status in the Driftwood Homeowners Association. Relocation alternatives offered to Driftwood mobilehome owners through the Agreement include the offer to purchase each mobilehome from each tenant at its "in-park value" as of November 1, 1986 and as further adjusted for Orange County mobilehome inflation to the date of acquisition. This formula was proposed to ensure that the appraisal price was not undervalued due to the anticipated park conversion. The offer to purchase will be extended initially to all Phase I and Phase I Optional tenants (approximately 30 units) . The offer may also be extended to other tenants requesting immediate buy-out within the limits of a three-million dollar fund allocated primarily to cover the benefits extended to Phase I and Phase I Optional tenants. Candidates qualified for immediate buy-out beyond Phase I and Phase I Optional will be determined by a committee comprised of two Association members, one non-Association resident, and two members appointed by the Agency. Criteria for immediate buy-out selection will be determined by the committee and approved by the Agency. Qualifying criteria will not be necessary if relocation obligations to Phase I and Phase I Optional tenants are satisfied and the subsequent request for immediate buyout does not exceed the three million dollar cap. The immediate buyout purchase price for Phase II and non-resident tenants will be the appraised value less five percent (5%) . The Relocation Agreement stipulates that the Agency and the Association may separately designate a real estate appraiser and all expenses related to the selection and services of all appraisers shall be the responsibility of the Agency, including a third appraiser when necessary. The appraised value shall not be less than the amount of the actual purchase price plus subsequent additions and other household improvements paid by the tenant or any secured financial obligation which creates a lien upon the mobilehome, whichever is greater. However, the secured financial obligation, other than a purchase money lien, shall not exceed the appraisal value plus ten percent if obtained after November 1, 1986. Based upon the difficulty inherent in finding, "comparable" mobilehome parks for tenant relocation, the Agreement offers each tenant the opportunity to relocate his or her coach to a mobilehome park constructed by the Agency. The proposed location for the new park is at the site of an existing mobilehome park at Ellis and Goldenwest, Ocean View Estates. At full build out, Ocean View Estates will include a nine-hole executive golf course, club house, open space areas and other amenities comparable to Driftwood Mobilehome Park and will accommodate up to 145 coaches. Tenants relocating to Ocean View Estates will occupy a space comparable to their presently occupied location at Driftwood (i .e. those coaches which currently face the golf course will be placed in a similar position) . If a coach is not relocatable as determined by the Agency, a new mobilehome of comparable size and quality shall be RCA - 8/15/88 -2- (1049d) purchased for the tenant by the Agency. Because Ocean View Estates will not accomodate single-wide coaches, the Agency will be responsible for replacing any single-wide coach whose owner wishes to relocate to Ocean View Estates. If a coach is deemed relocatable and is over twenty years old, the Agency shall pay the tenant five thousand dollars for general refurbishing in addition to actual relocation costs. Rents shall be abated one hundred percent for Phase I and Phase I Optional tenants who elect to relocate to Ocean View Estates. If full build out of the park does not occur (Ocean View Estates II) then rents shall be set commensurate with rents paid by tenants residing at Ocean View Estates prior to the Agreement. Phase I Optional tenants who elect to remain at Driftwood will also be extended a fifty percent abatement of rents for twenty-four months. Phase II tenants who choose to relocate to Ocean View Estates but are unable due to park size limitations will be relocated to another park within a 75 mile radius of the city and rent will be subsidized by the Agency for two years. If a tenant of Ocean View Estates wishes to sell his/her mobilehome after the second year following occupancy, but is unable to sell for the agreed value, the Agency will buy the coach or allow it to be sold on the open market and pay the difference in price to the tenant. The Relocation Agreement further stipulates that the Agency shall lease Ocean View Estates (excepting the golf course, public park area and lake) to the Driftwood Beach Club Mobile Homeowners Association. Tenants may also elect a one-time option to relocate within the Driftwood Mobilehome Park, subject to availability of space, and the Agency shall reimburse the tenant for up to fifteen hundred dollars for costs incurred for refurbishment of the mobilehome to which the tenant moves. An alternate relocation option offered to each tenant is the opportunity to relocate his/her mobilehome to anywhere within the United States at the Agency's expense. The cost of this relocation shall be limited to fifty percent of the agreed value of the coach. The difference between the actual cost of relocation and fifty percent of the agreed value shall be paid to the tenant by the Agency. The Relocation Agreement further states that mobilehome owners shall receive written guarantee of first right-of-refusal to purchase units if the development which replaces the mobilehome park includes residential units. The purchase price will be discounted 10% or in the event that the housing is offered as rental units, a discount of 10% off of the rental rate will be offered for the first year. The Agreement also stipulates that tenants shall enjoy free alienability of their mobilehomes. If after one year from the effective date of this Agreement, a tenant is unable to sell his/her mobilehome for the agreed value, the Agency will either buy the mobilehome or allow it to be sold on the open market and pay the difference in price to the tenant. This option will be extended to no more than ten residents per year. 0- RCA - 6/15/8B -3- (1049d) a The Agreement also states that if a tenant is relocated sooner than the projected dates due to accelerated redevelopment of the site, an additional benefit will be offered. The Agency will pay an additional four percent of the agreed value for each year or fraction of the year that the tenant is required to vacate his or her space in advance of the projected date. It shall be the responsibility of the non-resident tenant to deliver his/her mobilehome to the Agency free of occupants. Any compensation to which the tenant' s sublessee may be entitled shall be paid one half by the non-resident tenant up to $1,000 and the remaining sum will be paid by the Agency. The Relocation Agreement further requires the Robert Mayer Corporation to pay to the Association a sum up to $175,000 for reimbursement of all expenses incurred in negotiation and drafting of the Agreement and costs resulting from responding to the proposed conversion of the Park. Additional costs not to exceed $25,000 may be charged after the date of the Agreement. The Agreement provides for one package of relocation benefits for each coach owner. These benefits may, however, be transferred to a mobilehome buyer. FUNDING SOURCE: The developer will advance $4 .5 million to the Agency as needed for relocation costs. This cost will be repaid with 38.5% of the property tax increment and 50% of the transient occupancy tax revenues generated by the waterfront project. LTERNA N: Do not approve the Mobilehome Acquisition and Relocation Agreement. Mobilehome Acquisition and Relocation Agreement Master Lease between the City of Huntington Beach and Driftwood Homeowners Association for Ocean Vied Estates MA:SRH:gbm 4A i �♦ RCA - 8/15/88 -3- (1049d) �a CITY OF HUNTINGTON BEACH ' CA 88-86 COUNCIL - ADMINISTRATOR COMMUNICATION Hl'NTINGRA SMH - To Mayor Erskine & City Council From Paul Cooke City Administrator sue- �- Subject WATERFRONT OVERVIEW Date August 12, 1988 MEMORANDUM �' M A. On August 15, 1988, the City Council will hold public hearings on several entitlements with regard to the Waterfront project. The f6llowing is a brief r summary of each public hearing item to be presented for Council action. =` F-4a Mobilehome Park Acquisition and Relocation Agreement This is an agreement between the Huntington Beach Redevelopment Agency, the Robert Mayer Corporation, the Driftwood Beach Club Mobile Homeowners Association, and the individual park tenants. The document details relocation options offered to Driftwood Mobilehome Park tenants displaced by the Waterfront - project. The agreement also provides for disposition of property pursuant to the Agency leasing to the Association the premises referred to as Ocean View Estates. Most of the entitlements recommended for approval by the Planning Commission have been conditioned such that should the mobilehome park agreements (F-4a and b on the Agenda) not be approved by the City Council, the entitlements should be referred back to the Planning Commission for further public hearings. F-4b Pacific Iriffl!:r Park This Agreement addresses the terms and procedures of acquisition and improvements, both off-site and on-site, necessary for the Walnut Avenue extension adjacent to the Pacific Trailer Park. It also outlines the forms of assistance to be provided to Pacific Trailer Park residents displaced as a result of the Walnut Avenue extension. F-5a $-upplemental_EIR 82_2 The SEIR was prepared to analyze the potential environmental impacts of the proposed Waterfront project, and augments the analysis conducted in Final EIR 82-2 prepared in conjunction with creation of the Downtown Specific Plan. Although the Final EIR analyzed a mix of hotel, residential, and recreational uses for the site, the Waterfront project proposes a different mix of these uses. The SEIR studied this specific proposal, as well as project-related impacts on wetland areas and closing of the on-site Mobilehome Park. The SEIR identified several potential adverse effects, the majority of which can be reduced to a level of non-significance through the use of appropriate mitigation measures. Some anticipated adverse impacts that cannot be totally eliminated include potential geologic hazards, increased energy consumption, aesthetic and view impacts, and cumulative air quality impacts. A statement of overriding considerations has been adopted by the Planning Commission and will need to be adopted by the City Council finding that the economic and social benefits of the proposed project outweigh the project's potentially adverse impacts. Once r Waterfront Overview Memo August 12, 1988 Page 2 of 3 certified, the SEIR is intended to be used for the following discretionary items: Zone Change No. 87-7, Development Agreement/Master Plan, Disposition and Development Agreement, Conditional Use Permits for each phase, and Coastal Developments for each phase. F-Sc kfaster_Plan/Development A eg eement The Master Plan and Development Agreement propose an overall development plan for Downtown Specific Plan Districts 8b and 9, including six commercial and three residential phases. The commercial portion will include four hotels, a retail/commercial complex, and a tennis/recreation center; the residential portion will include a total of 875 high density residential units. Prior to development of each phase, a conditional use permit describing the precise details of development must be approved by the Planning Commission. CUP 87-19 for a 296 room resort hotel has been approved by the Planning Commission. The entitlement does not become effective until all entitlements herein are approved by the City Council. The Development Agreement binds the development to the existing rules, regulations, and policies in effect at the time of the Agreement. It outlines development parameters in accordance with current codes, and specifies the developer's and the City's rights and responsibilities with regard to the project. The Master Plan must be approved prior to issuance of permits for the first phase of development. F-5d Freci5c Plan oLStreCt Alignment 88_1 This is a request by the City to establish a precise alignment of Walnut Avenue between Lake Street and Beach Boulevard. The alignment is necessary for the Waterfront project, but is also necessary as an integral part of the downtown circulation system. Walnut Avenue is proposed to extend through an area generally parallel to and approximately 300 feet inland from Pacific Coast Highway, between Lake Street and Beach Boulevard. F-b Dismition and Development Agreemennj Prior to commencement of any portion of this comprehensive project, the City Council must consider and act upon a DDA between the Redevelopment Agency and the Robert Mayer Corporation because the area is within the Downtown Redevelopment Project Area. The agreement provides for the development of the mixed use project described by the Development Agreement and Master Plan. B. ISSUES 1. Earking One element of the project discussed in great length by the PIanning Commission in conjunction with CUP 87-19 for phase one was adequacy of parking. Attached for the City Council information is the support data presented to the Commission which includes a parking study prepared by LSA and a survey of other cities zoning code requirements for resort hotels. (1121d) Waterfront Overview Memo August 12, 1989 Page 3 of 3 The proposed parking ratio for resort hotels is 1.1 space per room based upon studies of parking demands of similar resort hotels. The resort hotels analyzed in the study have similar or significantly greater meeting room and restaurant space. Characteristics of resort hotels include luxury "in—house" accommodations such as restaurants, bars, shops, etc. and have on—site or adjacent amenities such as golf course, tennis courts, beach, and other recreational/commercial attractions. Ancillary facilities such as restaurants, meeting rooms, etc. within resort hotels are typical uses. The applicant is sensitive to the parking issue and does not intend to develop a project that will result in inadequate on—site parking. Based upon the size of the facility and experienced parking lot usage of other resort hotels, 326 spaces should be adequate. However, in response to the Commissioner's concerns, the final approved site plans were revised to reflect a future physical connection for reciprocal access and parking with the Phase II development as an alternative measure should an increase in anticipated parking useage occur. The additional parking needed for Phase I could be provided on the Phase II site and that parking would not be credited for the Health Club facility. A condition has been included which requires a parking study (Condition No. 12 of the Conditional Use Permit No. 87-19) within one year from Certificate of Occupancy. If the study reveals additional parking is necessary, the number of additional spaces as determined by the Planning Commission shall be provided on the Phase 11 site. ATTACHMENTS: 1. Survey of Other Cities Zoning Code Parking Requirements for Resort Hotels 2. The Waterfront Prase 1 Parking Study dated June 15, 1988 3. Summary letter from Keyser—Marston Associates PEC:SH:LP:gbm (1121d) Waterfront Overview Memo August 12, 1988 Page 2 of 3 certified, the SEIR is intended to be used for the following discretionary items: Zone Change No. 87-7, Development Agreement/Master Plan, Disposition and Development Agreement, Conditional Use Permits for each phase, and Coastal Developments for each phase. F-5c Llaster Plan/Development-Agreement The Master Plan and Development Agreement propose-an overall development plan: - for Downtown Specific Plan Districts 8b and 9, including six commercial and three residential phases. The commercial portion will include four hotels, a retail/commercial complex, and a tennis/recreation center; the residential portion will include a total of 875 high density residential traits. Prior to development of each phase, a conditional use permit describing the precise details of development must be approved by-the Planning Commission. CUP 87-19 for a 296 room resort hotel has been approved by the Planning Commission. The entitlement does not become effective until all entitlements herein are approved by the City Council. The Development Agreement'binds the development to the existing rules, regulations, and policies in effect at the time of the Agreement. It outlines development parameters in accordance with current codes, and specifies the developer's and the City's rights and responsibilities with regard to the project. The Master Plan must be approved prior to issuance of permits for the first phase of development. F-5d aecise Plan-of-Street Alignment 88-1 This is a request by the City to establish a precise alignment of Walnut Avenue between Lake Street and Beach Boulevard. The alignment is necessary for the Waterfront project, but is also necessary as an integral part of the downtown circulation system. Walnut Avenue is proposed to extend through an area generally parallel to and approximately 300 feet inland from Pacific Coast Highway, between Lake Street and Beach Boulevard. _ F-6 Disposition and J2Cve1onment AgreCmeInt Prior to commencement of any portion of this comprehensive project, the City Council must consider and act upon a DDA between the Redevelopment Agency and the Robert Mayer Corporation because the area is within the Downtown Redevelopment Project Area. The agreement provides for the development of the mixed use project described by the Development Agreement and Master Plan. B. ISSUES 1. Parkine One element of the project discussed in great length by the Planning Commission in conjunction with CUP 87-19 for phase one was adequacy of parking. Attached for the City Council information is the support data presented to the Commission which includes a parking study prepared by LSA and a survey of other cities zoning code requirements for resort hotels. (1121d) SURVEY OF OTHER CITIES ZONING CODE PARKING REQUIRIIMNTS FOR RESORT HOTELS Off-Street Parking Requirements for Additional Requirements city Hotels/Resort Hotels for Ancillary Hotel Uses Long Beach 1 sp./guest room or Restaurants: 3/4 sp./room plus 1/100 sq.ft. of dining additional spaces for area; 25 sp./1,000 sq.ft. ancillary uses, which- bar area. Meeting or ever is greater banquet room: 1/50 sq.ft. Costa Mesa 1 sp./2 rooms Restaurants, Meeting Rooms, Ballrooms: 1/100 sq.ft. for first 3,000 sq.ft. ; 1/50 sq.ft. for area over 3,000 sq.ft. Newport Beach 1 sp./2 rooms or Restaurants : 1/40 sq.ft. traffic and parking of net public seating study required if area building exceeds ' 10,000 sq.ft. Santa Ana 1 sp./for first 5 rooms, Restaurants: 1/5 fixed + 1 sp./2 rooms over 5, + 1/2 employees + 1 sp./3 employees Ballroom: 1/5 fixed seats or 1/35 sq.ft. Palm Springs 1 sp./room for first 50 Restaurants: 1/60 sq.ft. rooms + 3/4 sp./room or 1/5 seats, + 20% for over 50 employees. Assembly/Ballroom: 1/30 sq.ft. , except credit deducted of 30 sq.ft. per guest room. Santa Barbara 1 sp./room Restaurant: 1/3 seats Conference Room: 1/28 sq.ft. of seating area Monterey 1 sp./room + Restaurant: 1/2.5 seats. 2 sp./50 rooms Meeting Rooms/Ballrooms: 1/50 sq.ft. Laguna Beach 1 sp./room Restaurant: 1/50 sq.ft. of public serving area. Conference/Ballroom: 1 sp./3 fixed seats or 1/35 sq.ft. SURVEY OF OTHER CITIES ZONING CODE (Continued) Off-Street Parking Requirements for Additional Requirements city for Ancillary Hotel Uses San Diego 1 sp./room None specified Anaheim .8/room + .4/employee Restaurant: 15/1,000 sq.ft. Meeting Rooms/Ballrooms: 1/100 sq.ft. Palm Desert 1.1 sp./room Restaurant: 1/100 sq.ft. for area up to 3,000 sq.ft. , 15/1,000 sq.ft. for area exceeding 3,000 sq.ft. Ballroom: 1/35 sq.ft. Ft. Lauderdale, 1 sp./room Restaurant: 1/50 sq.ft. Florida of service area Conference Room/Ballroom: . 1/250 sq.ft. Miami, Florida .9 to 1.5 sp./2 rooms Restaurant: 1/100 sq.ft. (differs according to Meeting Rooms/Ballrooms: land use sector located 1.3/100 sq. ft. in) 6/17/8c. (0834e) ' F ^ S .-,- :1= 1:C`i', F ;;hw_T��ra, L.R. F_� 1c c� 1c Keyy Ximton c date R:chui t..Botti St-ID South Gratd Alone.s-che 14) Ca:4 L.l E.Hollis..11 Los Angeles,Cit:iforn:a 9O0"i SAN DIEGO 6.9.442-03J Heiu A.Schilliq SAN FRANCISCO 41S:3)W3!0 Timothy C.Kelly A.Jerry Keyser Kate Earle Furk Robert 1 We snore MicbAel Conlon Der6a E.Conley August 12, 1908 Mr. Douglas La Belle Deputy City Administrator/Redevelopment City of Huntington Beach 2000 Main Street Funtington Beach, California 92648 Dear Doug: In response to your request, Keyser Marston Associates, Inc. (KNA) has prepared this summary of the evolution of the negotiatio:s for the proposed Waterfront Project. As you know, the negotiations have take^, place over the last two years, resulting in the cur- rently proposed Disposition and Development Agreement (DDA) and ground lease. BACEOROVXD STATEMENT The City of Huntington Beach owns the 44 acre subject parcel, which is currently ground leased to the Robert Mayer Corporation.. This lease expires in 2013, and in 1986 the Mayer corporation requested an extension of the ground lease to allow theca to develop a major commercial/residential project. This development is to consist of 4 major first class hotels including ancillary uses such as an athletic/tennis club and a specialty retail center. The project will also include 894 residential units. This development All re- place the existing motel and mobilehome park. The original developer proposal, wee predicated on the assumption that the project would generate substantial municipal revenues, and thus the commercial ground lease and residentiel lend sales price paid to the City aR the landowner was o: secondary importance. Ad- ditionally, the proposal was formaleted in a ,earner to provide nex- imum developer flexibility in terms of the scone of development, the duality of construction and :.he tiring cf the development phases. As proposed, it was possible that the City would receive _BtalEstateP^AaP� „,•^ ta!ua[:Cr ?'S' • PUS 12 '89 12: 12 KEEYSEP MARSTON, L.A. P.3 Mr. Douglas La Belle City of Huntington Beach August 12, 1988 Page 2 less than the market value for the lard and the Agency would invest substantial front-end capital to clear the site and construct the required infrastructure improvemer.;.s, but the proposed development would not be constructed in a timely manner. Thus, the developer had shifted the bulk of the typical development risk to the City and the Agency. After nearly two years of negotiations, the original proposal has beer. significantly modified in terms of both the revenue to be received by the City as owner of the land and the required develop- ment standards and timing schedule . The following section presents; 1) a sur.,.zary of the deal structure originally proposed by the developer, 2 ) the deal points recommended by I{riA as detailed in a letter dated February 8, 1988, and 3) the negotiated deal cur- rently proposed for City Council approval. 1. r a1 c . o4fer A. Developer offer - $10,000 per unit in 1988 dollars . This value was fixed until 1993, and then escalated at 5% annually. Net present value of $5.1 million. B. MA recommendation - $34,000 per unit in 1988 dol- lars. Annual escalations at the market appreciation rate. Net present value of property, after soils correction work, of $27 .7 million. C. Proposed deal - $34, 000 per unit in 1988 dollars . Annual escalations at 8% . Net present value of property, after soils correction work, of $27.7 mil- lion. 2. gomnercial Ground Lease A. Developer offer - Lease payment fixed at a below market rate through 2012 . During the subsequent 10- year period the lease payment is graduated to repre- sent market rate return. Reappraisal every 20 years with flat payraente during intervening periods. Net present value equals $7 .75 million. B. KN.A reeo=endation - Ground lease payr.ient should represent fair reuse value for the proposed co=er- cial uses, with CPI adjuotments every 5 years . 3 AUG 12 '28 1-2:13 K"-EYSER MARSTON, L.A. P.4 I Mr. Douglas La Belle City of Huntington Beach August 12, 1988 Page 3 H{gheet and best use reappraisal In 55th year. Net present value, after soils correction work, equals $5 million. C. Proposed deal - Land pay went is fixed at below market rate for the first 25 years of the tern. Payment adjusted to fair market value for current use in 26th year and every 10 years thereafter. An- nual CPI increases between. appraisals. Reappraisal at highest and best use in 55th year, unless second generation construction has occurred between 35th and 55th year. Yet present value equals $10.1 mil- lion. 3. Dtvalgaer-Laggehold Tnterest zayMent A. Developer offer - go explicit payment requested. B. x:IA recornendation - $22.8 million leasehold inter- est to be offset against residential land sales proceeds. ;he payment should be weighted dispropor- tionately toward the later residential development phases to minimize developer gain if the proposed development is not completed. C. Proposed deal - 2LMA recor-mendation except that a Portion of this leasehold interest payment will be provided with a rebate of public revenues generated by the project (sea #4 ) . 4. is R venues Rebate A. Developer offer - 10 year rebate of 38.5% of the property tax increment and 50% of the transient oc- cupancy tax revenues generated by the development. Property tax increment rebate to stop in 2009, TOT rebate to stop in 2019 . B. KM.A recommendation - No rebate of public revenues, with the exception of funds required to cczipensate developer for leasehold interest. ., h:serf !c cia*e Inc 3 4Y 12 183 12:14 KEYMP. r ARSTON, L.A. P.5 Mr. Douglas La Belle City of Huntington Beach August 12, 1988 Page 4 C. Proposed deed - Developer offer, except the rebates from each phase will be deferred until corLmencement of construction on the subsequent co=ercial phase. These rebates implicitly represent partial compensa- tion for the developer's leasehold interest and a recoupment of the developer's overpayment for the commercial land. 5. DeXQ102er Loan fo m r — - gy.ements an gbile One Relocation A. Developer offer - Maximum of $4 . 5 million for mobilehome relocation plus all designated public im- provement costs. Repayment to core from 38.5t of the property tax increment revenues and 50% of TOT revenues for either 10 years, until 2009 for TI and 2019 for TOT, or wull repayment, whichever cores first. Additional repayment to be provided by a rebate of $3 .70 per square foot of the residential land sales proceeds. B. 101A reco=endation - No cap on mobilehome relocation costs . Repayment is sate as developer offer, ex- cluding the rebate of the residential land sales proceeds. C. Proposed deal - IWIA reco=endation, except there is a $4. 5 million cap on mobilehome relocation costs loan. 5. Develor"rent Timing A. Developer offer - Commercial and residential developments could proceed on independent phasing schedules. One hotel must be completed by 1999 . Balance of development could commence as late as 2009 . B. 101A recommendation - Two hotels must be completed by 1998 or the lease is terminated on undeveloped par- cals, and reverts to Agency. Balance of development must be completed by 2008 . Residential development nuet occur concurrently with commercial development on a pro rota basis . KevserM *c nAs,,mate5Lc. • ' AU_-_ 1_2 'SS 1-2:14 E:EYSER MARSTON, L.R. P.6 Mr. Douglas Le Salle City of Huntington Beach August 12, 1988 Page 5 C. Proposed deal - The first hotel must commence con- struction. within 30 rlonths of the signing of the DDA. The last commercial phase must cormence con- struction by 2004. Undeveloped land reverts to the Agency in 2010. No residential development can oc- cur prior to comnencement of construction on the Second hotel. Thereafter, residential development must occur concurrently with co=ercial development on a pro rata basis. 7. a an A. Developer offer - Hotel cost standard was fixed at $75,000 per room (in 1988 dollars) including ME's, land and parking. B. XMA recommendation - Hotel cost standard should be set at $90,000 per coon (in 1988 dollars) excluding lard, and including $12,000 to $15,000 per room for FF&E. C. Proposed Deal - Hotel cost standard set at $100,000 Per room (in 1988 dollars) excluding land, and in- cluding FF&E at $12,000 to $15,000. The preceding eu=ary deals with the key issues associated with the proposed transaction. Numerous smaller issues were considered, and the ccmpro:nAse solutions are incorporated into the proposed DDA and ground lease. As summarized in a letter dated May 25, 1988, the modified agreement represents a major reallocation of the benefits to be generated to the City/Agency. Additionally, the net financial impact associated with the currently proposed agreement is to in- crease the projected City/Agency revenues by approximately $3 mil- lion in present value terms over the revenues expected to be received under the originally proposed agreement . Moreover, the development agreement was codified in a manner that reduces the financial exposure to the City/Agency if the project is not built to the currently proposed scope and development level in a timely fashion. Thus, it is our opinion that the currently proposed transaction fulfills the goals and objectives established by the City Council. �e ser�'I Asso�istec�n 3 AUG 12 '6^ 12:1!• KEYSER MARSTON, L.A. p.7 MO. Douglas La Belle City Of HLntingtOn Baach August 12, 1908 Page 5 We appreciate this opportunity to be of assistance, and are avail- able to answer any questions you may have. Yours very truly, KEYSER MARSTON ASSOCIATES, INC. Richard L. Botti Kathleen H. Head RLB:KHH:lp 88329.HTB 14066.0006 �_ _ _ Ke�•ser3iarctor�4ssociatesIns. To Date E PLEASE 9EPLY TO--> Signed r' lllu iY Gt, � t Mir,- Dale Signed R4i1irm 4S 465 SEND PARTS T AND s WrH CARBONS INTACT. y Poll Pak 130 Uhl 4'A05 PART!WILL RE RMIMID WITH RE►tY. August 18 , 1988 Ms . Connie Brockway, City Clerk 2000 Main Street Huntington Beach, CA 92648 Dear Ms . Brockway : Per your telephone request on August 16 , enclosed are copies of all correspondence I have had regarding our particular situation at Driftwood Beach Club . Thank you very much for your time and consideration. Sincerely , Betty B. Shannon Enclosures w'M' & B-B. Shannon 21462 Pacific Coast, 28 Huntington Beach, CA 92648 Mr. Ron Shenkman RLM Properties, Ltd. P. 0. Box 8680 Newport Beach, CA 92658-8680 Dear Mr. Shenkman: r A few months ago, I spoke to you regarding the.urgent need to sell our mobile home in Driftwood. At the time, I stated my acute cardiac problems and my husband's cancer surgeries as some of the reasons. My husband suffered a heart attack this June 4, making the situation more critical. Susan Hunt of the Huntington Beach Redevelopment Agency, informed me their organization is giving phase I and phase I optional first priority in relocation--and rightly so. However, it will be a year before phase III will come under consideration. She also remarked that phase III may never come to pass. Besides the obvious financial strain this situation. creates, the stress factor for both of us at this time in our lives is traumatic. Please contact me and let me know if Mayer Corporation will buy our coach at this time and what compensation we can expect . Thank you for your courtesy in the past. Sincerely, "o 911i Betty B. Shannon 714-960-7051 June 28, 1988 NOTE TO MS BROCKWAY: Mr. Shenkman responded within a few days and suggested we contact Ms. Susan Hunt, Huntington Beach Community Development as RLM would not give us "in-park" value for our mobile home. Ms. Susan Hunt Huntington Beach Community Development P.O. Box 190 Huntington Beach, CA 92648 Dear Ms . Hunt: Mr. Ron Shenkman of the RUI Corporation suggested we petition for early sale of our coach .in- the Driftwood Mobile Home Park on the grounds of hardship. In April, 1985 , I suffered a massive heart attack. The cardi- ologist permitted me to return to work after several months with the understanding I would be transferred to a less stress- ful position. Also-, since my husband had beer. retired for many years , he relieved me of the burden of housework and preparing meals. It was important to return to work as my salary contri- buted significantly to our standard of living and my employer provided a comprehensive medical/dental plan as well as life insurance coverage for me. In September, 1986 , I had an episode requiring hospitalization that was diagnosed as either labryn- thitis or a small stroke. Whichever, it resulted in total loss of hearing in my left ear. • I continued to work despite the obvious handicap of diminished hearing. In November, 1986 , my husband was diagnosed as having Colo-rectal cancer and operated on immediately. At •.this point, I resigned from work. I could not work , take care - of my husband, and keep up the house. My husband had additibnal cancer surgery 'in May, 1987. We knew we had to cut down on our expenses. Also, because our adult children did not think we should be alone, our grand- daughter came to live with us; we needed more room. The solution would have been to sell the mobile home and move to a less expen- sive area. Because of proposed redevelopment of the park, selling in usual way was impossible. The situation became more critical on June 4 , of this year when my husband had a heart attack requiring hospitalization and . angioplasty. We are asking that the city buy our coach at- this time so we may get on with our lives and be relieved of the stress created by the present circumstances. We will, on request, provide documen- tation of .the above medical history as well as physicians state- ments re the potential harm stress creates for both of us. Sincerely, Betty B. Shannon cc: Mr. Ron Shenkman, RT.M Corporation July 14 ,. 1988 i{ iSENDER: Complete Items 1 and 2 when additional services are desired, and Complete Items 3 and 4. Put your address In the"RETURN TO"Space on the reverse slds. Failure to do this will prevent this Card from being returned to you. Th![ return recelat fee grill provide you the name of the person dellytEed to SMS1 t4a date of i . For additional tees the following services are evallabla.COnwft postmester for fees and check boa es}for additional servtceisl requested. 1. IQ Show to whom delivered,data,and addretsee's address 2. 0 Restricted Detivery t(Extra charge)t t(Extra charge f f 3. Article Addressed to: 4. A 'cle Number Ji{S tfS A N JLA f Type of5ervice: fit w U JVtl� ,�t= 6� a ❑ edifiedd ❑ Insured Certified ❑ eoa ' � CJ . �U x � •1 Gi ❑ Express Mail A (A .r e, Always obtain signature of addrenee or agent and DaTg DELIMIR12. 15. Signature y e B. Addressee's Address(O.YL Y If X 1/ requested and fee paid) 6. Signature Age X 7, Date of Delivery � r�l4VZ7 PS Form 3811 Mar.1987 I/ ,s us.aRO,titer-t7e•26e dQMESTIC RETURN RECEIPT P-498 457 130 . � . G , 1115a N• , (1 I ti�SP LC' f e• AUGUST 9, M h T.YCON41E BROCimy CITY CLERK j n V $NCH NU r CA 92M Dw its. BRocmAY WE WOULD TO KN(V WHAT, IF ANY, CONSIDERATION IS BEING G I YEN TO bUrWOOD TENANTS Vfr O FOR FINANCIAL, MEDICAL, OR OTHER REASONS NEED TO MOVE AS SOON AS POSSIBLE BUT ARE LOCATED IN PHASES OF THE REDEVELJOPMENT SCHEDULED IN THE FUTURE. 10 SAY, LIST AND SELL THE PROPERTY IS NOT AN ANSWER. THE DIFFICULTY WITH FINANCING AND THE UNWmS OF THE PRESENT SITUATION MAKE AN ATTEMPT TO SELL IMPRACTICAL TH41K YOU, MR. AND thS. WI LLI AM M. SHANNOPI, SPACE 28 i-. AUGUST 9, M �'IS. COPINIE BRocwAY CITY CLERK ' ca ITY 0 NGTONEACH . U. x 1 TT I NGT01I CN, CA 92M DEAR f'b. BRocmAY �- WE WOULD 0TWOOD TO *Df V%"AT, IF AIY, CONSIDERATIOCI IS BEING GIVEN YO TENANTS VhiO, FOR FINANCIAL., MED I CAL., OR OTHER REASONS CIE TO MOVE AS SOON AS POSSIBLE BUT ARE LOCATED IU PHASES OF THE REDEVELOPMENT SCHEDULED IN THE FUTURE. 0 SAY, LIST AND SELL THE PROPERTY IS NOT AN ANSWER. THE DIFFICULTY WITH FINAJCIPJG AND THE UNWWJ`IS OF THE PRESENT SITUATION MAKE AN ATTDPT TO SELL IMPRACTICAL. THMK YOU, hR. AND MRS. WILLIAM M. SKWlON, SPACE 28 RECEIVED AUG 1988 �✓ DEPARTMENT OF � CCIjW.UNIYY DEVELOPMENT l ani. -�� City of Huntington Beach 2000 MAIN STREET CALIFORNIA92648 ' DEPARTMENT OF COMMUNITY DEVELOPMENT Building Division 536-5241 Housing lRedevelopment Division 536.5542 Planning Division 536.5271 August 23, 1988 Mr. & Mrs. William Shannon Drif twood Beach Club Space 28 21462 Pacific Coast Highway Huntington Beach, CA 92648 Dear Mr. & Firs. Shannon: In response to the letter received from you dated August 9, 1988, I would like to explain the immediate buy-out stipulation detailed in the Driftwood Mobilehome Park Acquisition . and Relocation Agreement. This option Is provided for tenants who are interested in an immediate buy-out of their coach but are located in an area of the Park affected by later phases of construction and therefore not immediately eligible for relocation benefits. Within the limits of a three-million dollar fund allocated primarily to cover relocation benefits for Phase 1 and Phase I Optional tenants, the offer to purchase will be extended to any Driftwood tenant requesting an immediate buy-out. If relocation obligations to Phase i and Phase I Optional are satisfied and the subsequent request for immediate buy-out does not exceed the three-million dollar cap, qualifying criteria will not be established. If the requests for immediate buy-out exceed the funds allocated then a committee comprised of two Driftwood Association members, one resident elected by tenants who are not Association members and two members appointed by the Agency will establish criteria and determine eligibility for immediate buy-out. The immediate buy-out purchase price will be the appraised value less five percent (5%). I hope this brief explanation has answered your concerns. If you wish to be considered as an immediate buy-out candidate, please communicate your interest to me by letter. Further questions on relocation benefits may be directed to myself or Susan Hunt of my staff at (714) 536-5276. Aou ely . .1 s N. La Belle, Deputy City Administrator/ Director of Redevelopment &. Economic Development DLB:S RH:ss (1153d)