REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Steve Bogart, Senior Civil Engineer
Subject:
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Approval of a License Agreement with Huntington Gateway Industrial II, LLC to install and maintain all landscaping and landscaping improvements within the public rights-of-way for the Huntington Gateway Phase II Industrial Project
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Statement of Issue:
Consider approving a License Agreement between the City and Huntington Gateway Industrial II, LLC (owner/developer) for the Huntington Gateway Phase II industrial project located at the former Boeing property at the north side of Bolsa Avenue, at the intersection with Graham Street and south of Skylab Road. This Agreement transfers the maintenance obligations of landscaping improvements within the public right-of-way to the owner/developer of the property and satisfies the project’s Conditions of Approval.
Financial Impact:
No funding is required for this action.
Recommended Action:
recommendation
Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way” for the Huntington Gateway Phase II industrial project (Attachment 1).
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Alternative Action(s):
Do not authorize execution of the License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC, for the Huntington Gateway Phase II industrial project, with findings for denial, and direct staff accordingly. Absent this agreement, the City would be responsible for maintaining the improvements within the public right-of-way related to the subject project, which would result in increased future maintenance costs for the City. Additionally, without this Agreement, the developer would be unable to satisfy the project’s Conditions of Approval.
Analysis:
The Huntington Gateway Phase II industrial project is a commercial/industrial development located on the north side of Bolsa Avenue, at the intersection with Graham Street and south of Skylab Road (See Attachment 2 for a location map). This project involves 1,020,000 square feet of new commercial/industrial warehouse space (in five new buildings), outdoor parking, onsite/offsite utility upgrades and construction of a new public street, Delta Lane (between Bolsa Avenue and Skylab Road).
The project’s development requirements include construction of and responsibilities for future maintenance of landscaping and hardscape improvements within the Bolsa Avenue, Delta Lane and Skylab Road rights-of-way. To document this responsibility, the developer/owner is required to execute the appropriate landscape maintenance license agreement for all landscaping, irrigation, street furniture and hardscape along the project’s frontages, in the City right-of-way. In addition to landscaping and irrigation, the agreement also addresses sidewalk cleaning, trash cans, disposal of trash, signs, tree replacement and all other aspects of maintenance for these areas, and that the property owner will be responsible for all costs associated with this maintenance, repair, replacement and liability.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>.
Attachment(s):
1. License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way
2. Location Map
3. Presentation