Districts, and the Wrigley Heights Dog Park is zoned CS. Both of these City parks are included in a separate ongoing rezoning program to apply P (Park) zoning to City park facilities; however, that effort is not a part of this project or this requested rezoning. The requested rezoning will not adversely affect the character or development of these City-owned facilities.
A small-lot moderate-density residential development zoned R1S is located east of Golden Avenue, centered on Countryside Lane. This development contains 55 houses on 5.33 acres of land (including private streets) for a gross average density of 10.3 du/ac. Further to the east is a typical low-density neighborhood (typified by single-family dwellings on medium-sized lots (4,500–6,000 square feet), potentially with accessory dwelling units, or duplexes) zoned R1N. The proposed project and rezoning would be consistent with the development and density levels in these adjacent areas, as the project would have a net density of 14.55 du/ac considering only the 15.53-acre residential development portion of the project, or a gross density of 11.08 du/ac considering the entire 20.4-acre development site. Likewise, the project site is bounded by Wardlow Road on the south, and on the south side of Wardlow Road an area zoned R-4-R contains a development of 52 dwellings in a multi-family townhome-style condominium layout on a 2.16-acre site, for a gross density of 24.1 du/ac. Further to the south, across 34th Street, can be found another low-density neighborhood zoned R-1-N, similar in all respects to the one located east of Baker Street as described above.
The proposed project and rezoning would develop the site with a residential project having density substantially similar to the densities of these surrounding residential uses, and would therefore be compatible, and will not adversely affect the character, livability, or appropriate development of the surrounding area.
Additionally, the project site is the only significant undeveloped site in the vicinity, and no other potential major development in the surrounding area is foreseen.
Findings – Zone Change
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
Figure 1 – Existing Zoning. Site is outlined in blue. Entire site will be rezoned to RP-15, with H (Horse) overlay to remain on the eastern portion of the site as-is.
2. THE PROPOSED CHANGE IS CONSISTENT WITH THE GOALS, OBJECTIVES AND PROVISIONS OF THE GENERAL PLAN.
Positive Finding: The proposed rezoning and related development project are subject to conformance with several elements of the General Plan. These include the Housing Element, Land Use Element, Mobility Element, and Urban Design Element. The compliance of the proposed rezoning and project with the policies of each of these General Plan elements is discussed in the General Plan Consistency Table at the end of this findings document; these specifically include the following policies: HE 1.1, 1.3, 1.4, 1.5, 1.7, and LU 1-1, 6-9, 6-10, 6-11, 7-10, 9-1, 12-1, and 13-1. Only applicable policies from each General Plan element have been included in this discussion, and non-applicable policies have been omitted. This General Plan compliance table also is referenced in other finding responses for this project.
The subject site currently has a General Plan Land Use Element PlaceType designation of FCN (Founding and Contemporary Neighborhoods), except for a narrow strip abutting the San Diego Freeway right-of-way that is designated OS (Open Space).
Findings – Zone Change
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
The proposed zone change and associated development are consistent with the goals, objectives, and provisions of the General Plan in all respects.
3. IF THE PROPOSED CHANGE IS A REZONING OF AN EXISTING MOBILE HOME PARK, THAT THE REQUIREMENTS OF SECTION 21.25.109 HAVE BEEN OR WILL BE FULLY MET.
The proposed change is not a rezoning of an existing mobile home park.
SITE PLAN REVIEW FINDINGS
712 Baker Street (former Oil Operators, Inc. property)
APNs: 7203-002-001, 7203-002-005, 7203-002-007, 7203-002-008, 7203-002-009, 7203-002-010
Application No. 2003-24, SPR20-007
November 15, 2022 (City Council)
Pursuant to Section 21.25.506 of the Zoning Ordinance, the Site Plan Review Committee or the Planning Commission shall not approve a Site Plan Review unless the following findings are made. These findings and staff analysis are presented for consideration, adoption, and incorporation into the record of proceedings.
1. THE DESIGN IS HARMONIOUS, CONSISTENT, AND COMPLETE WITHIN ITSELF
AND IS COMPATIBLE IN DESIGN, CHARACTER, AND SCALE WITH
NEIGHBORING STRUCTURES AND THE COMMUNITY IN WHICH IT IS LOCATED;
Positive Finding:
The proposed project consists of a Planned Unit Development (PUD) residential development totaling 226 dwelling units, with 74 two-story detached single-family homes, 99 two-story row townhouses, and 53 three-story carriage townhouses, located on 15.53 acres of a 20.4-acre development site. Units will be two stories, except for the carriage townhouses, which will be three stories. The project will include a Tentative Tract Map , with one master ground lot and a condominium airspace for each unit. The total average density of the project is 14.55 dwelling units per acre (du/ac). Each unit is accessed via a network of on-site private streets and sidewalks, all ultimately taking access from Wardlow Road. The intersection of the project driveway with Wardlow Road. will be fully signalized for traffic, cyclist, and pedestrian safety.
Each unit is provided with a two-car garage, and guest parking is provided on the internal private streets of the development. The developer also proposes to build an approximately 4.81-acre park north of Baker Street, which bisects the development site east to west. This park would provide the required open space for the residential portion of the development. (See plans in file no. 2003-24 for full project details and information.)
The site planning of the project is consistent, harmonious, and self-contained, with a balanced, well-organzied site plan and placement of units, and a continuous flow of vehicular and non-vehicular circulation throughout the site. The outer perimeter of the site is ringed with the lower-intensity detached single-family homes, with the denser two-story townhomes located in the center of the site, and the densest three-story carriage homes located toward the front of the site near Wardlow Road. The architecture reflects a consistent and harmonious theme and design concept across the site and the different unit types. The detached single-family dwellings range from 1,924 to 2,244 square feet in size; the townhome units range from 1,464 to 1,800 square feet; and the carriage homes range from 1,526 to 1,653 square feet, providing appropriately-sized units for the chosen unit type and the overall scale of development Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
The project is sited on the north side of Wardlow Road and bounded on the west by Los Angeles County Flood Control District (LACFCD) parcels containing the Los Angeles River, with the western property line of the development site located approximately 160 feet east of the top of the eastern embankment of the Los Angeles River. The intervening undeveloped space is owned and managed by Los Angeles County, and is used primarily for maintenance access to the flood control channel of the Los Angeles River. To the north, beyond the proposed park, the project site is bounded by the San Diego Freeway (I-405) and the Caltrans right-of-way embankment. To the east, the project site is bordered by the City’s Baker Street Park on the north side of Baker Street, and by Golden Avenue south of Baker Street. The development site abuts the Wrigley Heights Dog Park on its southeastern edge. A small-lot moderate-density residential development zoned R-1-S is located East of Golden Avenue, centered on Countryside Lane. This development contains 55 houses on 5.33 acres of land (including private streets) for a gross average density of 10.3 du/ac. Further to the east is a typical low-density neighborhood (typified by singlefamily dwellings on medium-sized lots (4,500–6,000 square feet), potentially with accessory dwelling units, or duplexes) zoned R-1-N. The project site is bounded by Wardlow Road on the south, and on the south side of Wardlow Road an area zoned R-4-R contains a development of 52 dwellings in a multi-family townhome-style condominium layout on a 2.16-acre site, for a gross density of 24.1 du/ac. Further to the south, across 34th Street, can be found another typical low-density neighborhood zoned R-1-N, similar in all respects to the one located east of Baker Street as described above.
The proposed project is compatible in design, character, and scale with its neighboring structures and community, consisting as it does of a mixture of detached single-family homes, townhomes, and carriage/row homes, primarily two stories but with three-story carriage townhomes, all in a moderate density single-family configuration comparable to the average density of the nearby neighborhoods. It is separated on the north and west by large intervening regional infrastructure (the San Diego Freeway, and LA River flood control channel, respectively) and has no access or relationship, physically or visually, with the areas beyond. To the south, the project is separated by Wardlow Road, a 110-foot-wide right-of-way, from a denser two-story multifamily development and a low-density one- and two-story neighborhood beyond. To the east, it is separated by Golden Avenue, a 50–60-foot-wide right-of-way, from the two-story R-1-S zoned moderate-density development and one- and two-story R-1-N zoned lowdensity neighborhood beyond, as described above.
Overall, it is comparable and compatible in terms of scale and density with its surroundings. The proposed project is mainly two stories in height, with detached single-family homes facing the adjacent neighborhood and townhomes and carriage/row homes in the center of the project site, with the only three-story buildings situated close to Wardlow Road. This is appropriate in scale and relation to the surrounding neighborhoods. Likewise, the proposed density is comparable to and compatible with the project’s surroundings, will maintain the existing neighborhood Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
character and development style, and is consistent with the density allowed by the General Plan.
2. THE DESIGN CONFORMS TO ANY APPLICABLE SPECIAL DESIGN
GUIDELINES ADOPTED BY THE PLANNING COMMISSION OR SPECIFIC PLAN REQUIREMENTS, SUCH AS THE DESIGN GUIDELINES FOR R-3 AND R-4 MULTIFAMILY DEVELOPMENT, THE DOWNTOWN DESIGN GUIDELINES, PD GUIDELINES, OR THE GENERAL PLAN;
Positive Finding:
Several different sets of design guidelines apply to this project in a complementary fashion. These are the General Plan Land Use Element (LUE), the General Plan Urban Design Element (UDE), and the Planned Unit Development (PUD) design guidelines of Section 21.31.350 of the Zoning Regulations.
General Plan Land Use Element: The project site is located in the Founding and Contemporary Neighborhood (FCN) PlaceType of the LUE, which specifies the fundamental scale and form of development as well as basic design requirements (pp. 73–75, LUE). The FCN PlaceType allows both single-family dwellings and appropriately-scaled multifamily dwellings, such as the townhomes and carriage/row homes proposed in this project; FCN does not allow larger multifamily apartment buildings. The basic development type and site plan are consistent with the FCN PlaceType. This PlaceType also addresses transitions between new and existing development, requiring that new multifamily buildings be designed to reflect the characteristics of single-family homes to allow for better integration. The project meets this requirement in three ways: 1) by placing the three-story carriage homes near Wardlow Road away from the existing two-story R-1-S neighborhood, 2) by locating the townhomes in the center of the development site and transitioning to detached single-family homes along the perimeter of the site where the development faces the existing neighborhood, and 3), the single-family homes on the site perimeter are set back approximately 68 feet from the eastern property line on Golden Avenue, with this setback used for landscaping and biofiltration, and further separated by the 58-footwide Golden Avenue right-of-way from the neighborhood to the east. The FCN PlaceType also calls for new development to respect the height, massing, and open space characteristics of the surrounding neighborhood. The proposed project complies with this standard by limiting the single-family dwellings, townhomes, and carriage homes to a two-to-three-story scale with individual exterior entrances to every unit, manifesting a low-density residential development scheme. This two-to-threestory scale also is consistent with the Planned Unit Development (PUD) zoning of RP15 that is proposed for the project, which itself is consistent with the Land Use Element FCN PlaceType.
General Plan Urban Design Element: The UDE specifies additional design standards for the FCN PlaceType (pp. 40–43, UDE). These include the following strategies:
Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
• Policy UD 19-1: Encouraging development to be sensitive to established neighborhood context, patterns, and building form and scale. The project meets this policy through an appropriate scale of development and context-sensitive site planning and unit density distribution, as described above. • Policy UD 19-2: Ensuring the project minimizes the adverse impacts of vehicle access, parking, and loading, as well as signage, lighting, trash enclosures, and sound systems. The project meets this policy through its adequate site circulation design, provision for sufficient resident and guest parking, and the signalization of the project driveway with Wardlow Road The project additionally is adjacent to the local bus routes serving Wardlow Road, as well as being less than a half-mile walk or bicycle ride to the Wardlow Station of the Metro A Line (formerly Blue Line) light rail system. Trash enclosures will be provided within the garage spaces of each unit, and all project lighting will be designed to full-cutoff lighting standards. No exterior sound systems are planned.
• Policy UD 19-3: Supporting new development that respects the height, massing, and open space of existing neighborhoods while creating the appearance of single-family dwellings for multi-family units to allow better integration. The project meets this policy through the use of appropriatelyscaled development that is similar to the low-to-moderate density form of the development directly east of the site and the neighborhood beyond. The project further uses detached single-family homes, townhouses, and carriage/row houses, all with exterior entrances for each unit, to maintain a single-familyscaled design concept across the project. • Policy UD 19-4: Promoting the uniqueness of the neighborhood through preservation of mature trees, historic structures, architectural detail, appropriate building scale, and cultural amenities. The project meets this policy with regards to the fine-grained architectural detail proposed in the Spanish Colonial Revival style architecture chosen for the project’s homes, as well as the previously-described sensitivity to scale both within the project and with the adjacent neighborhood. The project additionally will provide a new 4.81-acre park as a neighborhood amenity available to both residents and the general public. There are no significant mature trees (see Biological Resources Constraints Study in Project EIR file) and no historic structures or buildings on the site.
• Policy UD 19-5: Providing shade trees to match existing species, add greenscape and shade, and create uniform streetscape; maintain consistent wall and fence treatment. The project meets this policy through a complete landscaping plan and concept that will be installed as the project units are built, which will include broad-canopy leafy shade trees both within the yard area of each private unit, on common private streets within the development, and as public trees on adjacent public streets. Trees will use a consistent species Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
palette and will comport with public tree plans for the public streets. Consistent design of fences and walls throughout the development and especially on its perimeter will be required.
• Policy UD 19-6: Encourage the use of appropriately-sized landscaped roundabouts with other traffic calming measures to create a pedestrian-friendly, safe environment. The project meets this policy through its multiple improvements to streets, sidewalks, and intersections within and adjacent to the project site, with a primary focus on safety and walkability; however, there are no opportunities for traffic roundabouts or other typical calming measures such as speed humps or bulb-outs.
• Policy UD 19-7: Promote opportunities for improved transit connectivity for neighborhoods originally designed around the streetcar. This policy is not applicable as the project site is a 20.4-acre area previously used for oil extraction activities, and was not previously developed as a neighborhood.
However, it is within a half-mile of the Metro A Line (formerly Blue Line) light rail Wardlow Station and is adjacent to a Long Beach Transit bus line on Wardlow Road; the project also is adjacent to the Los Angeles River regional bike trail. As such, multiple mobility options will be available to residents aside from personal automobiles.
• Policy UD 19-8: Provide better connections to [existing] neighborhoods by improving bikeways and pedestrian paths, and capture opportunities on utility easements or vacant properties for pedestrian paths to improve walkability. The project meets this policy through improvements to public sidewalks adjacent to the project site as well as a consistent, connected, and complete sidewalk system within the project itself. Additional off-site improvements will be made to a section of Wardlow Road between the project driveway and the Wardlow Road bridge over the Los Angeles River, where the developer will be required to construct a public sidewalk where none currently exists. • Policy UD 19-9: Encourage streets to be repurposed to accommodate slower speeds and better serve pedestrians, cyclists, and local transit where the City Traffic Engineer determines that streets are overdesigned for estimated traffic loads. This policy is not applicable to this project as there are no public streets within the project boundaries, and there is no opportunity to repurpose or redesign Wardlow Road due to road geometry at this location. Golden Avenue directly east of the project site will be improved but already is a relatively narrow neighborhood street.
• Policy UD 19-10: Preserve and maintain alleys, which provide access to garages in the rear. This policy is not applicable to this project as there are no public alleys within or adjacent to the development site. • Policy UD 19-11: Ensure access to local-serving commercial retail at the periphery to serve residents. The nearest commercial retail area is located at Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
the intersection of Wardlow Road and Pacific Place, which is approximately one-third of a mile from the project site. This is well within convenient bicycling distance and marginally within convenient walking distance. Project improvements to public sidewalks on Wardlow Road will make this distance more convenient to traverse for non-automobile travelers.
Planned Unit Development (PUD) Design Guidelines: The applicant requests a Zone Change from the existing CS and R-1-N zoning to RP-15, which is PUD zoning at 15 du/ac. Section 21.31.350 of Division III of Chapter 21.31 of the Zoning Regulations set out the following design guidelines for PUDs:
A. Landscaping. A PUD should be provided with landscaping as specified in Chapter 21.42 of the Zoning Regulations, and should, for landscaping purposes, be held to the standards for sites located in R-3 or R-4 zoning districts. All landscaping within the PUD should be composed of droughttolerant, low-water-requirement trees, shrubs, and groundcover. Turf may be used in conformance with the water efficient landscaping requirements of Chapter 21.42 (Landscaping Standards) of the Zoning Regulations.
The project complies with the landscaping standards of Chapter 21.42 and the requirements therein for R-3 and R-4 zoning districts. Conditions of approval will note these requirements.
B. Street widths. Street widths within the PUD should comply with the requirements of Chapter 20.36 and Chapter 21.47 to the extent feasible.
However, streets are encouraged to be the minimum widths allowed by the Fire Department, Building and Safety Bureau, and Public Works Department, provided that the requirements of each reviewing department is met, and that any appropriate waivers of standards are obtained according to the procedures specified in Chapters 20.36 or
21.47, as appropriate. The purpose of this guideline is to encourage site planning that adheres to good urban planning principles, to promote pedestrian- and bicycle-oriented development, and to reduce vehicle speeds within the PUD.
Street widths within the PUD have been designed to be the minimum widths allowed by the Fire and Building Codes in order to create a better pedestrian and neighborhood environment and to reduce vehicle speeds within the PUD.
C. Sidewalks. Sidewalks should be provided on both sides of all through or circulatory private roads within a PUD, and should be at least 5 feet wide.
Sidewalks also are strongly encouraged on both sides of any interior secondary alleys or drives, at a width of at least 4 feet.
Continuous pedestrian circulation is provided on a sidewalk network that circulates throughout the proposed development. The proposed typical sidewalk width is six feet. Care has been taken to ensure the sidewalk network Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
connects to the public street sidewalks. Conditions of approval will also require the use of decorative pavers to identify pedestrian paths connecting the sidewalk network across drive aisles, to maintain continuous pedestrian circulation.
D. Parkways. A PUD should be provided with a landscaped parkway between main interior circulation streets and the sidewalk. The parkway should be wide enough to sustain a mature tree (four feet), and should be landscaped in accordance with Chapter 21.42 of the Zoning Regulations.
Site planning constraints precluded the use of parkways on interior circulation streets within the development; however, the front yard area of each unit will be planted with a substitute street tree, which conditions of approval and covenants, conditions, and restrictions (CC&Rs) will require to be maintained by the homeowners’ association as if these trees were street trees. The use of specific tree species from an approved palette will be required for initial planting and any future replacements.
E. Guest Parking. Notwithstanding Section 20.36.080 (Private Streets), guest parking should be provided as on-street parking on the internal streets of the PUD, if the streets are privately-owned and maintained. On-street parking by residents should be strongly discouraged, and the PUD's Homeowner's Association (HOA) should provide the necessary enforcement against on-street parking by residents.
59 guest parking stalls will be provided, two more than the 57 required by the Zoning Regulations, on the private streets within the development. These parking spaces will be restricted by CC&Rs to be maintained available for guest parking and not for use by residents; this will be enforceable by the HOA.
F. Pedestrian and bicycle connectivity. Connectivity to and within the PUD for pedestrians and bicycles is strongly encouraged, and should be provided to the greatest extent feasible. Separate pedestrian/bicycle entrances to the PUD should be provided independent of vehicular entrances, especially if the PUD is adjacent to a park, bike path, pedestrian trail, or other public amenity that is not directly accessible from the PUD by motor vehicles.
Separate pedestrian and bicycle entrances and exits are provided to connect to external city streets and sidewalks; these access points will not require a pedestrian or cyclist to cross or transit a drive aisle at the entrance/exit.
G. Architecture. A PUD should make use of architecture that is of the highest quality, and gives the PUD a distinct visual identity. Architecture should adhere to a common theme and architectural vocabulary among the PUD's buildings, both private residences and community facilities. The use of interesting, creative, distinctive building materials, elements, and details is strongly encouraged.
Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
The architecture and design of the dwellings are planned in a Spanish Colonial Revival style, similar to and designed by the same architect as this developer’s previous project at 4747 Daisy Avenue (“Riverwalk,” later renamed “Riverdale,” see file no. 1406-12A for more information). The architecture reflects a consistent and harmonious theme and design concept across the site and across the different unit types and consists of a high-quality design and materials that was proven successful at the developer’s previous “Riverwalk” project in Long Beach.
H. Exterior edges. The PUD should present attractive exterior edges to the surrounding community, neighborhood, and public rights-of-way. Utility or maintenance structures, storage or utility areas, and uninteresting building elevations, should not be exposed to the public viewshed outside the PUD.
The proposed PUD will present attractive faces to the surrounding neighborhood on the east, toward Wardlow Road on the south, toward the proposed park on the north, and toward the LACFCD parcels to the west. Welldesigned building elevations and an architecturally-complementary perimeter wall will face the exterior.
I. Outdoor area for common usable open space. At least fifty percent (50%) of the common usable open space for the PUD should be provided in outdoor areas, rather than indoor community rooms, workout rooms, and the like.
The development proposes to construct a 4.81-acre park directly north of the residential development, which will provide the required open space for the project. This park will be privately owned and maintained but will be open to residents and the public alike. Conditions of approval will require the park to be open to the public on the same days and hours of operation as typical City parks.
A portion of the project site (see zoning map) is located within the Horse Overlay (H) zone. However, the H overlay contains no mandatory regulations or guidelines for non-horse development within the H overlay and does not prohibit non-horse development. The proposed project contains no horse-oriented or future horse-ready development.
No other special design guidelines adopted by Planning Commission, Planned Development District (PD, not to be confused with PUD), or Specific Plan applies.
3. THE DESIGN WILL NOT REMOVE SIGNIFICANT MATURE TREES OR STREET TREES, UNLESS NO ALTERNATIVE IS POSSIBLE;
Positive Finding:
Existing trees on site consist of common urban decorative trees such as Mexican fan palm and Italian cypress. While there are mature trees on site, none are significant in Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
terms of species, history, visual appeal, or habitat. Conditions of approval will require any trees that do not interfere with the site plan to be protected in place and maintained to be kept; however, this is unlikely to be feasible as the on-site trees interfere with the site plan layout of the proposed development. The Biological Resources Constraints study (see the study in Project EIR file) prepared for the Project EIR states that the site is completely dominated by nonnative species, including the following types of trees: several eucalyptus species (Eucalyptus sp.) Peruvian pepper (Schinus molle), California fan palm (Washingtonia filifera), Canary Island palm (Phoenix canaryensis), and Brazilian pepper (Schinus teribenthifolia). These trees may be used for nesting, as described in the Biological study, but none of the bird species are considered particularly sensitive and none are protected by federal or state law.
However, all species are protected from nest disturbance by the federal Migratory Bird Treaty Act and the California Fish and Game Code. Therefore, a condition of approval will require all tree removal to occur outside the nesting season, or within three days of a properly-prepared nesting bird survey that finds no active nesting activity on-site and under the supervision of a qualified biological monitor.
There are no street trees adjacent to the development site.
Each unit/lot will be required to be provided with at least one new broad-canopy leafy shade tree. New street trees will be provided at not less than one per 25 linear feet of street frontage on all street frontages adjacent to the project site. These requirements will provide a large net increase in the number of trees on the development site over existing conditions. These requirements will be enforced through conditions of approval (see conditions in the project file).
4. THERE IS AN ESSENTIAL NEXUS BETWEEN THE PUBLIC IMPROVEMENT
REQUIREMENTS ESTABLISHED BY THIS ORDINANCE AND THE LIKELY IMPACTS OF THE PROPOSED DEVELOPMENT; AND
Positive Finding:
The developer is required to make public improvements per Chapter 21.47 and per the Technical Advisory Committee (TAC) comments submitted to the Planning Bureau by the Public Works Department, including without limitation the following:
• Dedicate and improve 10 feet for sidewalk purposes on the southern half of Baker Street adjacent to the project site;
• Widen Golden Avenue west of the centerline, demolishing any existing curb, sidewalk, and gutter, and constructing a new curb, sidewalk, and gutter (6-footwide sidewalk and 6-foot-wide parkway) on the western side of Golden Avenue, resulting in a 30-foot-wide right-of-way width from centerline to western edge of ROW;
• Construct a new sidewalk, curb, and gutter on the south side of Baker Street, and curb and gutter only on the north side of Baker Street, adjacent to the project site, resulting in a 50-foot-wide improved ROW with a 40-foot-wide road Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
and 10-foot-wide walkway (5-foot-wide sidewalk and 5-foot-wide parkway) on the south side of Baker Street;
• Construct a new 12-foot-wide walkway (6-foot-wide sidewalk and 6-foot-wide parkway) on the north side of Wardlow Road, where no sidewalk currently exists, from the Wrigley Heights Dog Park west to the proposed project driveway;
• Construct a new 12-foot-wide walkway (6-foot-wide sidewalk and 6-foot-wide parkway) on the north side of Wardlow Road, where no sidewalk currently exists, from the project driveway west to the existing sidewalk on the Wardlow Road Bridge;
• Improve all sidewalk easement and dedicated areas to the satisfaction of the Director of Public Works, including ADA compliance;
• Provide new tree wells, street trees with root barriers, ground cover, and irrigation systems for parkways on Golden Avenue, Baker Street, and Wardlow Road, per section 21.42.050 of the Zoning Regulations, to the satisfaction of the Director of Public Works;
• Installation of new street lights on the western half of Golden Avenue and on Baker Street adjacent to the project site;
• Installation of a traffic signal to current CA MUCTD and/or City of Long Beach standards at the intersection of the project driveway and Wardlow Road; • Upgrading all existing crosswalks at the intersection of Wardlow Road and Magnolia Avenue to continental-style crosswalks;
• Installation of a three-way stop at the three-way intersection of Ambeco Road, Maine Avenue, and 39th Street;
• Median improvements on Wardlow Road adjacent to the project site to accommodate the traffic signal; and
• Striping plans, to be approved by the City Traffic Engineer, where required for traffic control changes.
There is an essential nexus between all the above-required improvements and the likely impacts of the proposed project. This nexus is created by the size and scale of the proposed development as compared to the existing infrastructure. The impacts of the development are created by the construction of 226 new homes, with all construction traffic followed by operation traffic and it's associated vehicular, bicycle, and pedestrian trips from a baseline of essentially zero (see Traffic Impact Analysis prepared for Project EIR), which trips will be added to the surrounding circulation infrastructure. The added trips resulting from the project would not be adequately accommodated by existing street configurations and sidewalks; in fact, both Wardlow Road and Golden Avenue lack sidewalks altogether adjacent to the project site (see Traffic Impact Analysis). The required improvements are reasonably necessary for the Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
practical functioning of the project and surrounding neighborhoods and public rightsof-way as a result of the project. Additionally, the traffic signal that is required at the intersection of the project driveway and Wardlow Road has been determined to be necessary for traffic safety by the City Traffic Engineer, due to reduced sight lines as Wardlow Road curves on the approach to the Wardlow Road Bridge over the Los Angeles River. All the above-listed improvements are necessary either for traffic/cyclist/pedestrian safety, or necessary to the circulation system’s capacity to accommodate the added trips resulting from the project, or both.
5. THE PROJECT CONFORMS TO ALL REQUIREMENTS SET FORTH IN CHAPTER 21.64 (TRANSPORTATION DEMAND MANAGEMENT).
Table 25-1
Transportation Demand Management Ordinance Requirements TDM Requirements New Nonresidential Development
25,000+
Square Feet
50,000+
Square Feet
100,000+ Square
Feet
Transportation information
area
* * *
Preferential carpool/vanpool
parking * *
Parking designed to admit
vanpools * *
Bicycle parking * *
Carpool/vanpool loading
zones
*
Efficient pedestrian access *
Bus stop improvements *
Safe bike access from street
to bike parking *
Transit review For all residential and nonresidential projects subject to EIR
Positive Finding:
The project is a residential project that is subject to a Project EIR. It has been submitted for transit review to Long Beach Transit and the Los Angeles County Metropolitan Transit Authority (Metro). LBT and Metro have recommended typical TDM measures of transportation information available to tenants but have not recommended any changes or improvements to bus or rail service or stops as a result of the project.
Findings – Site Plan Review
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24, SPR20-007
November 15, 2022 (City Council)
Additionally, conditions of approval will require the developer to provide all of the other TDM measures in the table above to the greatest extent feasible, as appropriate for residential development, but these improvements are not required per Table 25-1 and Chapter 21.64.
6. THE APPROVAL IS CONSISTENT WITH THE GREEN BUILDING STANDARDS
FOR PUBLIC AND PRIVATE DEVELOPMENT, AS LISTED IN SECTION
21.45.400.
Positive Finding:
The project is subject to compliance with the Green Building requirements of Section 21.45.400. These requirements will be met through a combination of compliance with the Title 24 building code requirements, and CalGreen building code requirements, which are locally adopted into the Long Beach Building Code.
Conditions of approval will require the development to achieve a project-wide (unit/building-averaged) attainment of LEED Certified rating or equivalent, as required by Section 21.45.400.
7. THE PROJECT IS IN COMPLIANCE WITH THE HOUSING REPLACEMENT REQUIREMENTS OF SECTION 21.11.050 OF CHAPTER 21.11 (NO NET LOSS) OR SECTION 21.68.040.E OF THIS TITLE, AS APPLICABLE, AND WILL RESULT IN THE SAME OR GREATER NUMBER OF DWELLING UNITS; AND
IN THE CASE OF EXISTING AFFORDABLE DWELLING UNITS, THAT THE
DWELLING UNITS WILL BE REPLACED AT THE SAME OR DEEPER
AFFORDABILITY LEVELS, AND THAT APPLICABLE TENANT PROTECTIONS OF THE LONG BEACH MUNICIPAL CODE WILL BE MET.
Not Applicable:
No existing residential dwelling units are present on the project site and this finding is not applicable.
VESTING TENTATIVE TRACT MAP FINDINGS
712 Baker Street (former Oil Operators, Inc. property)
APNs: 7203-002-001, 7203-002-005, 7203-002-007, 7203-002-008, 7203-002-009, 7203-002-010
Application No. 2003-24, VTTM20-002
November 15, 2022 (City Council)
Pursuant to Section 20.12.100 of the Long Beach Municipal Code, a Tentative Map approval can be granted only when positive findings are made consistent with the following criteria set forth in the Subdivision Ordinance. These findings and staff analysis are presented for consideration, adoption and incorporation into the record of proceedings.
THE PLANNING COMMISSION SHALL APPROVE A TENTATIVE MAP IF THE MAP
COMPLIES WITH STATE AND LOCAL REGULATIONS AND IF ALL OF THE FOLLOWING FINDINGS ARE MADE:
1. THAT THE PROPOSED MAP IS CONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS;
This response will discuss how both the proposed map (Finding #1) and the design or improvements of the proposed subdivision (Finding #2) are consistent with the General Plan since there is significant overlap in the responses to Findings #1 and #2.
Positive Finding: The proposed Tentative Map will subdivide the existing 20.34- acre vacant site to create a condominium tract with one master ground lot and condominium airspace lots for each of the proposed 226 residential dwelling units (with 74 two-story detached single-family homes, 99 two-story row townhouses, and 53 three-story carriage townhouses, located on 15.53 acres of the 20.4-acre development site), and associated common ownership area(s). The common ownership areas would include private streets, landscaping, utility, and common amenity and recreation areas, including a 4.81-acre park site that will be open to the public.
The proposed Tentative Map and site design and improvements are subject to conformance with several elements of the General Plan. These include the Housing Element, Land Use Element, Mobility Element, and Urban Design Element. The compliance of the proposed map, and the design and improvements of the proposed subdivision, with the policies of each of these General Plan elements is discussed in the General Plan Consistency Table at the end of this findings document. Only applicable policies from each General Plan element have been included in this discussion, and non-applicable policies have been omitted.
This General Plan compliance table also is referenced in other finding responses for this project.
Findings – Vesting Tentative Tract Map
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
2. THAT THE DESIGN OR IMPROVEMENT OF THE PROPOSED SUBDIVISION IS CONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS; Positive Finding: See response to Finding #1, which also discusses how the design or improvement of the proposed subdivision is consistent with the General Plan since there is significant overlap in the responses to Findings #1 and #2. No Specific Plan applies to the project site.
3. THAT THE SITE IS PHYSICALLY SUITABLE FOR THE TYPE OF DEVELOPMENT;
Positive Finding: The site is physically suitable for the type of development proposed, which consists of 226 new dwelling units, composed of 74 two-story detached single-family homes, 99 two-story row townhouses, and 53 three-story carriage townhouses, located on 15.53 acres of the 20.4-acre development site.
The site is currently vacant and will be developed with the project as new construction. The site size, width, and depth are adequate and appropriate to accommodate the proposed development (see site plan in project file), and the proposed subdivision complies with the requirements of the Subdivision Regulations.
Geotechnical studies were prepared for the project and are included in the Project EIR; these studies find that the physical conditions of the site are suitable for the proposed development or will be made suitable through normal regulatory compliance as part of the building permitting process (see Geotechnical studies in Project EIR file).
The site is subject to a Remediation Action Plan (RAP) administered by the Los Angeles Regional Water Quality Control Board (LARWQCB). The RAP is in draft form at the time of preparation of this report but is expected to be finalized in the coming months, and is anticipated to outline achievable site cleanup requirements, as detailed in the draft RAP, that will make the site physical suitable for the proposed type of development (see draft RAP in Project EIR file; see final RAP following RAP approval by LARWQCB). The site also is subject to a Consent Decree, administered by the Long Beach Health and Human Services Department, that prescribes required site cleanup objectives. The requirements of the Consent Decree will be met through compliance with the RAP (see Consent Decree in the project file).
Findings – Vesting Tentative Tract Map
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
4. THAT THE SITE IS PHYSICALLY SUITABLE FOR THE PROPOSED DENSITY OF DEVELOPMENT;
Positive Finding: The site is physically suitable for the proposed density of development, which consists of 226 new dwelling units, composed of 74 two-story detached single-family homes, 99 two-story row townhouses, and 53 three-story carriage townhouses, located on 15.53 acres of the 20.4-acre development site.
The gross density of the entire site is 11.08 du/ac, and the net density on the residential development portion of the site is 14.55 du/ac. The General Plan Land Use Element specifies that the Founding and Contemporary Neighborhoods (FCN) PlaceType is appropriate for development of single-family and low-density housing at densities between 7–18 du/ac. This project complies with this standard, and the physical size and characteristics of the site are adequate and appropriate for the size and character of the proposed development, the proposed location and placement of the dwelling units and drive access and internal roads, and required open space.
5. THAT THE DESIGN OF THE SUBDIVISION OR THE PROPOSED
IMPROVMENTS ARE NOT LIKELY TO CAUSE SUBSTANTIAL
ENVIRONMENTAL DAMAGE OR SUBSTANTIAL AND AVOIDABLE INJURY TO FISH AND WILDLIFE OR THEIR HABITAT;
Positive Finding: The site is located in a fully urbanized setting on the site of a former oil extraction wastewater treatment facility. The former improvements on the site were removed between 1998 and 2002 and the site has been vacant dirt since that time. Currently, the site is graded and the soil is aerated on a regular basis as part of the required site remediation set forth in the Consent Decree (see Consent Decree in project file). A Biological Resources Constraints technical study was prepared for the project and is included in the Project EIR (see Project EIR file). The report concluded that “no species listed as Rare, Threatened, or Endangered by the state or federal governments were found on the property or are thought likely to occur there. Several native wildlife species were noted on the site, and the site may be adequate to support a few ground-dwelling mammals and reptiles and may be within the territories of several other more wide-ranging species. The site alone is not large enough and does not contain adequate habitat to completely support any bird species within its boundaries. All bird species noted on the site forage and/or migrate in/to offsite areas. There are no definable streamcourses or riparian habitat elements present. Therefore, no permits or interactions with the agencies that regulate impacts to jurisdictional waters of the U.S. or State are required. The project site…does not support any Rare, Threatened or Endangered species or habitat that would support those species.” Additionally, a further survey was carried out to eliminate the possibility of burrowing owl (an endangered species) presence on the project site. The four required protocol surveys for burrowing owls were negative.
Findings – Vesting Tentative Tract Map
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
The development is subject to the Project EIR’s Mitigation Monitoring and Reporting Program (MMRP) (see Project EIR file). The MMRP is designed to ensure compliance with adopted mitigation measures during both construction and operation phases of the project. For each mitigation measure, specifications are made in the MMRP that identify the action required and the monitoring that must occur. The party responsible for verifying compliance with individual mitigation measures is identified in the MMRP as well. Accordingly, through adherence to standard regulatory compliance and the MMRP during the permitting and construction process, the design of the subdivision and the proposed improvements will not cause substantial environmental damage and avoidable injury to fish and wildlife or their habitat.
6. THAT THE DESIGN OF THE SUBDIVISION OR THE TYPE OF IMPROVEMENT
IS NOT LIKELY TO CAUSE SERIOUS PUBLIC HEALTH OR SAFETY
PROBLEMS; AND
Positive Finding: The subdivision will take place on an existing 15.53-acre development site with an adjoining 4.81-acre open space site (see project file for site plan and project details). The impact of the project upon the environment, with its exclusively residential uses, will not cause any serious public health or safety problems. Likewise, the design of the proposed subdivision complies with the Subdivision Regulations and is not designed in such a way that would result in serious public health or safety problems, either for the surrounding neighborhoods or the site users. Primary vehicular and pedestrian access is provided in a project driveway from Wardlow Road. Additional pedestrian access, and emergency vehicle access, is provided via a driveway from the intersection of Baker Street and Golden Avenue. The Traffic Impact Analysis prepared for the Project EIR found a potential safety hazard would be created by an unsignalized project driveway on Wardlow Road; therefore the Project EIR recommended and the MMRP requires that a fully-signalized intersection shall be installed at the project driveway on Wardlow Road to mitigate any potentially hazardous road conditions that would otherwise result (see Traffic Impact Analysis and MMRP in Project EIR file). As such, the design of the subdivision is not likely to cause serious public health or safety problems.
7. THAT THE DESIGN OF THE SUBDIVISION OR THE TYPE OF
IMPROVEMENTS WILL NOT CONFLICT WITH EASEMENTS ACQUIRED BY
THE PUBLIC AT LARGE FOR ACCESS THROUGH OR USE OF PROPERTY WITHIN THE PROPOSED SUBDIVISION.
Positive Finding: The proposed Vesting Tentative Parcel Map has been reviewed by the Department of Public Works, and will be corrected and conditioned as necessary to ensure that the subdivision and its improvements do not conflict with Findings – Vesting Tentative Tract Map
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
any easements acquired by the public at large for access through or use of the property that is subject of this request (see conditions of approval in project file).
Currently, maintenance access to the Los Angeles County Flood Control District (LACFCD) parcel containing the Los Angeles River between the San Diego Freeway and Wardlow Road are provided via Baker Street, which is the public right-of-way connection to this parcel. However, this segment of Baker Street will be vacated as part of this project. The City of Long Beach Public Works Department has negotiated alternate public right-of-way access with the Los Angeles County Public Works Department for this parcel, using access from 34th Street (see project file for details). A new access easement across the vacated segment of Baker Street will be provided to allow continued maintenance access by Los Angeles County and the City of Long Beach to the LACFCD parcel as needed. Conditions of approval will require this access easement to be provided (see conditions of approval).
PLANNED UNIT DEVELOPMENT FINDINGS
712 Baker Street (former Oil Operators, Inc. property)
APNs: 7203-002-001, 7203-002-005, 7203-002-007, 7203-002-008, 7203-002-009, 7203-002-010
Application No. 2003-24
November 15, 2022 (City Council)
In addition to the Site Plan Review and Zone Change findings required for a Planned Unit Development (PUD) approval, Section 21.31.330 of the Zoning Regulations sets forth specific findings for a PUD. The Planning Commission and City Council may approve a PUD only when positive findings are made that the project is consistent with the following criteria.
A. THE PUD WILL PROVIDE A PROJECT OF HIGH-QUALITY DESIGN,
ADHERING TO GOOD URBAN PLANNING PRINCIPLES AND CONSISTENT
WITH THE DESIGN GUIDELINES OF THIS CHAPTER, AND WILL MAKE EFFICIENT USE OF THE AVAILABLE LAND;
Positive Finding: The project consists of 226 new dwelling units, consisting of 74 two-story detached single-family homes on small condominium lots, 99 two-story row townhouses, and 53 three-story carriage townhouses. The project also includes development of a 4.81-acre park on the north side of Baker Street The project is consistent with the PUD design guidelines, as discussed in the Site Plan Review findings (see Site Plan Review findings). The project makes use of highquality architecture and building materials and is consistent with all applicable design guidelines of the Zoning Regulations and the General Plan. The project also adheres to good urban planning principles in the overall concept and layout of the site plan, providing an environment that is friendly to pedestrians and other non-automobile forms of transportation, is close to amenities and resources that can be accessed by the residents, and has good connectivity to the surrounding neighborhood and areas of the City. The project also is near bus transit and the Metro A Line, a regional light rail system, requiring approximately a one-third-mile walk to reach the nearest bus stop and a half-mile walk to reach the Wardlow Station of the A Line. The project efficiently uses the available 20.4-acre development site, dividing it into a 15.53-acre residential development of density consistent with the surrounding areas, and a 4.81-acre park portion that will be open to the public in the same manner as a City park in addition to providing the common open space for the development required by the PUD Ordinance.
B. THE PUD WILL PROVIDE A HIGHER LEVEL OF AMENITIES AND
COMMUNITY FACILITIES TO RESIDENTS THAN WOULD OTHERWISE BE
OBTAINED THROUGH INDIVIDUAL DEVELOPMENT OF SIMILAR HOUSING UNITS;
Positive Finding: The PUD will include the development of a 4.81-acre park, which will satisfy the PUD Ordinance requirement for on-site common open space, but which additionally will be open to the public in the same manner as a City park.
This park will integrate with the edge of the City’s existing Baker Street Park, Findings – Planned Unit Development
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
providing a combined, seamless park of significant size and amenity to the public.
The developer, and subsequently the homeowners’ association of the residential development, will provide for the maintenance and operation of the non-Cityowned portion of the park in perpetuity, while maintaining its availability to the public, as required by conditions of approval and the Development Agreement that the developer and City will execute for this project (see conditions of approval and Development Agreement). This is a significantly higher level of amenities and community facilities than would be otherwise obtained if the proposed 226 residential units were built individually throughout the City, even considering the impact fees that could be reasonably assumed to be required for 226 individual units. The development also will be provided with an on-site clubhouse, pool, and recreational facilities for residents.
C. THE PUD IS APPROPRIATELY SITED AND INTEGRATED INTO THE SURROUNDING URBAN AND NATURAL FABRIC;
Positive Finding: The PUD is appropriately sited on a vacant development site and integrated into the fabric of the surrounding neighborhood, which mainly consists of a small-lot moderate-density residential development zoned R-1-S is located east of Golden Avenue, centered on Countryside Lane. This development contains 55 houses on 5.33 acres of land (including private streets) for a gross average density of 10.3 du/ac. Further to the east is a typical low-density neighborhood (typified by single-family dwellings on medium-sized lots (4,500–6,000 square feet), potentially with accessory dwelling units, or duplexes) zoned R-1-N. The proposed PUD would be consistent with the development and density levels in these adjacent areas, as the project would have a net density of 14.55 du/ac considering only the 15.53-acre residential development portion of the project, or a gross density of 11.08 du/ac considering the entire 20.4-acre development site.
The proposed PUD also is provided with connectivity to these neighborhoods through street and sidewalk connections, including improvements to the sidewalk network that will be required by conditions of approval (see conditions of approval) to create a continuous pedestrian connection from the Wardlow Road bridge over the Los Angeles River to the R-1-N neighborhood east of the Wrigley Heights Dog Park.
D. THE PUD HAS A FULLY-INTEGRATED, COMPLETE INTERNAL STREET
SYSTEM THAT IS FUNCTIONAL AND CONSIDERATE OF ALL UNITS WITHIN
THE PUD, AND IS APPROPRIATELY CONNECTED TO THE PUBLIC STREET SYSTEM;
Positive Finding: The PUD is provided with a system of internal streets, drives, and sidewalks that continuously connect all of the units in the PUD with each other and with the surrounding street network and neighborhood, with a vehicular connection to Wardlow Road at the south of the development site, and pedestrian/nonvehicular connections onto the vacated Baker Street right-of-way on the north of the residential development portion of the site. (See project plans in case file.) Findings – Planned Unit Development
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
E. THE PUD PROVIDES A HIGH QUALITY OF BUILDING DESIGN, AND THE
ARCHITECTURAL THEME IS WELL-DEVELOPED AND CONSISTENT
ACROSS THE PUD; AND
Positive Finding: The PUD is planned to have a Spanish Mission Revival style of architecture, and has been designed to use a consistent architectural vocabulary across the different building types and unit types of the development to maintain an architectural theme and design style. This theme is well-developed with a variety of different individual unit styles and details that integrate into a cohesive whole architectural concept. The design also avoids the use of low-quality rough or heavy stucco-finishes, low-quality foam details, and other design elements inconsistent with the quality of the chosen design theme.
F. THE PUD PROJECT IS IN COMPLIANCE WITH ALL CITY SUSTAINABILITY
STANDARDS APPLICABLE TO THE SIZE AND SCOPE OF THE
DEVELOPMENT.
Positive Finding: The PUD will be required to achieve a cumulative or site-wide LEED Certified or equivalent status, per Section 21.45.400 of the Zoning Regulations. This will be required by conditions of approval, regardless of whether the building/residential code(s) applicable to the project’s buildings consider each detached unit as a separate detached single-family dwelling, or each building of attached units as a separate multi-family dwelling, with the intent that cumulative total number of units in the project is used as the basis for green building requirements applicable to the project’s buildings.
FINDINGS
General Plan Consistency Table
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
Housing Element Policies
HE 1.1
Implement the 2019 Land
Use/Urban Design Element update
through a comprehensive rezoning
program citywide that will provide
adequate sites, zoned at the
appropriate densities and
development standards, to facilitate
the housing production and
affordability goals set forth in the
2021-2029 RHNA.
The project does consist of a
comprehensive rezoning of this
development site to create a Planned
Unit Development that will provide 226
housing units, consistent with the intent
of the LUD and UDE and facilitating
housing production to further the
achievement of the City’s RHNA goals.
HE 1.3
Achieve a balance of rental and
homeownership opportunities,
including apartments, townhomes,
condominiums, single-family
houses, and accessory dwelling
units, micro-units and alternative
housing options to accommodate
the housing needs of all
socioeconomic segments of the
community, including large families.
The project will be developed as
condominium-ownership-type units,
providing opportunities for both
homeowners and renters, with a mixture
of detached single-family units, attached
townhomes, and attached carriage/row
homes. The units consist of family-sized
dwellings. Five percent of the 226
dwelling units would be affordable
housing units at the Very Low area
median income level. The project
contributes to meeting a range of
housing needs with both market rate
units and affordable units included in a
single development.
HE 1.4
Facilitate the development of
medium density housing options
such as duplex, triplex, fourplex,
garden court apartments, and
cottages to bridge the “missing
middle” housing gap between high
density apartments and
condominiums and low density
single-family houses.
The project consists of moderate
density development, as the gross
density of the entire site with the park is
11.08 du/ac, and the net density on the
residential development portion of the
site is 14.55 du/ac. The project consists
of both detached and attached unit
types.
HE 1.5 Encourage new high-quality rental
and ownership housing through the
The project will create opportunities for
both new homeownership and rentals in
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
implementation of objective design
standards, and architectural and
green building standards in
alignment with the Urban Design
Element of the General Plan.
a new, high-quality development of 226
dwelling units. The project will be
compliant with objective design
standards and green building standards.
HE 1.7
Encourage residential development
along transit corridors, in the
downtown and close to
employment, transportation and
activity centers; and encourage infill
and mixed-use developments in
designated districts in alignment
with the City’s Climate Action and
Adaptation Plan (CAAP) to
minimize carbon emissions by
focusing new housing near transit
and jobs.
The project is located approximately a
half-mile walk from the Metro A Line
Wardlow Road station, making
convenient pedestrian access to this
regional light rail system a possibility for
residents. The project also will involve
street and sidewalk improvements to
facilitate this non-automobile access to
transit.
HE 1.15
Explore mechanisms to pay for the
removal and remediation of oil and
gas wells on vacant or underutilized
sites, to increase the number of lots
available for development.
The project will remediate a brownfield
site formerly used for oil extraction
wastewater treatment facilities.
Land Use Element Policies
LU 1-1
Promote sustainable development
patterns and development
intensities that use land efficiently
and accommodate and encourage
walking.
The project uses land efficiently at a
moderate du/ac density with a mixture of
unit and housing types, and provides
opportunities for walking to adjacent
transit and amenities.
LU 6-9
Encourage the redevelopment of
parcels with poor land utilization
such as single-use commercial
structures on parcels over 5,000
square feet.
The project will redevelop a vacant, nonutilized brownfield site.
LU 6-10
Discourage fiscally draining land
uses such as public storage, vacant
lots and outdoor storage.
The project will develop a vacant site
with residential units expanding the
city’s housing stock.
LU 6-11
Pursue new developments and
businesses that add to the City’s
economic base, particularly those
The project will generate new property
tax revenue from 226 new residential
dwelling units.
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
that generate sales tax and property
tax increment revenue.
LU 7-10
Maintain consistency between the
Land Use Element PlaceTypes and
the updated Zoning Districts.
The project includes a rezoning of the
project site consistent with the FCN
PlaceType of the LUE.
LU 9-1
Protect neighborhoods from the
encroachment of incompatible
activities or land uses that may
have negative impacts on
residential living environments.
The project will develop a vacant
brownfield site into a 226-unit residential
development, protecting the adjacent
neighborhood from the otherwise
potential development of this site under
its current zoning into a commercial
storage facility, which would be
incompatible with the LUE.
LU 10-1
Ensure neighborhoods contain a
variety of functional attributes that
contribute to residents’ day-to-day
living, including schools, parks and
commercial and public spaces.
The project includes a new 4.81-acre
park that will be open to both residents
and the public, which will integrate with
the City’s adjacent Baker Street Park.
LU 11-2
Provide for a wide variety of
creative, affordable, sustainable
land use solutions to help resolve
air, soil and water pollution, energy
consumption and resource
depletion issues.
The project will provide for the
remediation of a brownfield site formerly
used for oil extraction wastewater
treatment facilities.
LU 11-5
Ensure neighborhoods are
accessible to open spaces, parks,
trails and recreational programs
that encourage physical activity and
walkability.
The project will include both a new 4.81-
acre park open to residents and the
public, as well as nearby access to the
Los Angeles River Trail, and the Metro
A Line Wardlow Road station.
LU 12-1
Allow a variety of housing types in
new residential developments with
the goal of establishing new
opportunities for persons of varied
income ranges, ages, lifestyles and
family needs.
The project will include a variety of
detached and attached unit types and
sizes, consisting of 74 two-story
detached single-family homes on small
condominium lots, 99 two-story row
townhouses, and 53 three-story
carriage townhouses.
LU 13-1
Promote an equitable distribution of
housing types for all income and
various cultural groups throughout
The project will provide a variety of
housing types and will not concentrate
below-market-rate housing in an
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
the City; avoid creating
concentrations of below-marketrate housing in underserved and low-income neighborhoods.
underserved or low-income
neighborhood.
LU 14-4
Establish livable communities
across all neighborhoods that
encourage walking, bicycling, using
public transit and exercising
outdoors, and that provide for
economic and social opportunities
for all community members.
The project will establish a livable
community that encourages walking,
bicycling, use of transit, and exercising,
through its pedestrian connections, its
proximity to the Metro A Line Wardlow
Road Station, and its proximity to the
Los Angeles River Trail.
LU 16-8
Require an acoustical analysis prior
to project approval for projects
subject to CEQA review, for all
noise sensitive projects located in
an area with noise levels greater
than 60 dBA CNEL. All new
residential land uses shall be
designed to maintain a standard of
45 dBA CNEL or less in building
interiors, consistent with the
General Plan. Noise reduction
measures to achieve this noise
level could include, but are not
limited to, forced air ventilation so
that windows can remain closed
and/or upgraded wall and window
assemblies.
The required acoustical analysis is
included in the Noise chapter (Section
K) of the Project EIR that has been
prepared for this project. Any required
mitigations will be included in the
Mitigation Monitoring and Reporting
Program (MMRP) and conditions of
approval.
LU 16-13
Locate sensitive land uses (e.g.,
residences, schools, and daycare
centers) to avoid incompatibilities
with recommended buffer distances
identified in the most current
version of the CARB Air Quality and
Land Use Handbook: A Community
Health Perspective (CARB
Handbook). Sensitive land uses
that are within the recommended
buffer distances listed in the CARB
A Health Risk Assessment has been
prepared and is found in Appendix
IV.B.2: Health Risk Assessment Report
of the Project EIR.
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
Handbook shall provide enhanced
filtration units or submit a Health
Risk Assessment (HRA) to the City.
If the HRA shows that the project
would exceed the applicable
thresholds, mitigation measures
capable of reducing potential
impacts to an acceptable level must
be identified and approved by the
City.
LU 16-14
When residential or other sensitive
land uses are proposed within
proximity to freeways or the Port,
use the discretionary review
process to impose site plan and
design features aimed at
minimizing exposure to
environmental pollution. For
example, locate balconies, outdoor
amenity spaces, and when possible
occupied portions of buildings as far
from the pollution source as a
particular site will allow, and require
the planting of vegetation and
landscape buffering as appropriate
The project complies with these
requirements and provides vegetation
and open space as a minimum
approximately 400-foot buffer between
the residences and the San Diego
Freeway.
LU 18-1
Require that new development
creatively and effectively integrate
private open spaces into project
design, both as green spaces and
landscaped courtyards.
The project includes both common and
private open space for the new
residential units that meet these
standards.
LU 18-2
Enhance street corridors and
spaces between buildings by
incorporating small green areas,
native and drought-tolerant
landscaping and street trees.
The project’s private streets/drives
incorporate landscaping and droughttolerant vegetation.
LU 18-4
Increase the number of trees, first
prioritizing areas identified as tree
deficient, to provide the maximum
benefits of improved air quality,
The project will result in a significant
increase in the tree count in the
immediate area, as the site is currently
undeveloped and will be required to
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
increased carbon dioxide
sequestration, reduced stormwater
runoff and mitigated urban heat
island effect.
comply with the standards of Chapter
21.42 (Landscaping) for the entirety of
the development site.
LU 18-5
Enhance access to safe open
space and recreation facilities for all
residents.
The project includes a new 4.81-acre
park that will be open to both residents
and the public in the same manner as a
City park.
LU 20-5
Prevent stormwater runoff and
pollutants from entering natural
water bodies, wildlife habitats,
wetlands, rivers and the Pacific
Ocean.
Regulatory compliance with required
standards during the permitting and
construction process will meet the
required standards for runoff and
pollution prevention.
Mobility Element Policies – Implementation Measures (IM) MOP IM-2
Routinely incorporate complete
streets features into all street
redesign and repaving projects.
The project will incorporate complete
streets features in the improved ROW
adjacent to the project site.
MOP IM-5
Create walking loops with steppingstone mile markers and other supportive features to support
active living.
The project will provide such features in
the proposed park area of the
development.
MOP IM-9
Implement midblock crossings and
traffic calming as needed in the
more suburban locations of the City
where larger blocks and wider
streets inhibit pedestrians.
The project will introduce a new traffic
signal at the project driveway on
Wardlow Road, which will provide a safe
pedestrian crossing where none
currently exist for 1,500 feet to the east
and 3,000 feet to the west of the
proposed project driveway.
MOP IM-30
Ensure that all planning processes,
such as neighborhood and specific
plans, identify areas where
pedestrian, bike, and transit
improvements can be made, such
as new connections, increased
sidewalk width, improved
crosswalks, improved lighting, and
new street furniture.
As a project-level rezoning, this project
provides for enhanced pedestrian and
bicycle improvements to the public
ROW as project exactions.
MOP IM-33 Continue to implement pedestrian
streetscape designs, especially on
This project implements pedestrian
streetscape design improvements to the
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
streets with projected excess
vehicle capacity, to reduce either
the number of travel lanes or the
roadway width, and use the
available public rights-of-way to
provide wider sidewalks, bicycle
lanes, transit amenities, or
landscaping.
segment of Wardlow Road adjacent to
the project site and will create a
continuous pedestrian connection
between the Wardlow Road bridge over
the Los Angeles River, and the
neighborhood to the east of the project
site.
Urban Design Element Policies
UD 19-1
Encouraging development to be
sensitive to established
neighborhood context, patterns,
and building form and scale.
The project meets this policy through
appropriate scale of development and
context-sensitive site planning and unit
density distribution, as described above.
UD 19-2
Ensuring the project minimizes the
adverse impacts of vehicle access,
parking, and loading, as well as
signage, lighting, trash enclosures,
and sound systems.
The project meets this policy through its
adequate site circulation design,
provision for sufficient resident and
guest parking, and the signalization of
the project driveway with Wardlow Road
The project additionally is adjacent to
the local bus routes serving Wardlow
Road, as well as being less than a halfmile walk or bicycle ride to the Wardlow Station of the Metro A Line (formerly
Blue Line) light rail system. Trash
enclosures will be provided within the
garage spaces of each unit, and all
project lighting will be designed to fullcutoff lighting standards. No exterior sound systems are planned.
UD 19-3
Supporting new development that
respects the height, massing, and
open space of existing
neighborhoods while creating the
appearance of single-family
dwellings for multi-family units to
allow better integration.
The project meets this policy through
the use of appropriately-scaled
development that is similar to the low-tomoderate density form of the development directly east of the site and
the neighborhood beyond. The project
further uses detached single-family
homes, townhouses, and carriage/row
houses, all with exterior entrances for
each unit, to maintain a single-family-
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
scaled design concept across the
project.
UD 19-4
Promoting the uniqueness of the
neighborhood through preservation
of mature trees, historic structures,
architectural detail, appropriate
building scale, and cultural
amenities.
The project meets this policy with
regards to the fine-grained architectural
detail proposed in the Spanish Colonial
Revival style architecture chosen for the
project’s homes, as well as the
previously-described sensitivity to scale
both within the project and with the
adjacent neighborhood. The project
additionally will provide a new 4.81-acre
park as a neighborhood amenity
available to both residents and the
general public. There are no significant
mature trees (see Biological Resources
Constraints Study in Project EIR file)
and no historic structures or buildings on
the site.
UD 19-5
Providing shade trees to match
existing species, add greenscape
and shade, and create uniform
streetscape; maintain consistent
wall and fence treatment.
The project meets this policy through a
complete landscaping plan and concept
that will be installed as the project units
are built, which will include broadcanopy leafy shade trees both within the yard area of each private unit, on
common private streets within the
development, and as public trees on
adjacent public streets. Trees will use a
consistent species palette and will
comport with public tree plans for the
public streets. Consistent design of
fences and walls throughout the
development and especially on its
perimeter will be required.
UD 19-6
Encourage the use of appropriatelysized landscaped roundabouts with other traffic calming measures to
create a pedestrian-friendly, safe
environment.
The project meets this policy through its
multiple improvements to streets,
sidewalks, and intersections within and
adjacent to the project site, with a
primary focus on safety and walkability;
however, there are no opportunities for
Findings – General Plan Consistency Table
712 Baker Street (former Oil Operators, Inc. site)
App No. 2003-24
November 15, 2022 (City Council)
POLICY
NUMBER
HOUSING (HE)/
LAND USE (LU)/
MOBILITY (MOP)/
URBAN DESIGN (UD)
ELEMENT POLICIES
FINDING
traffic roundabouts or other typical
calming measures such as speed
humps or bulb-outs.
UD 19-8
Provide better connections to
[existing] neighborhoods by
improving bikeways and pedestrian
paths, and capture opportunities on
utility easements or vacant
properties for pedestrian paths to
improve walkability.
The project meets this policy through
improvements to public sidewalks
adjacent to the project site as well as a
consistent, connected, and complete
sidewalk system within the project itself.
Additional off-site improvements will be
made to a section of Wardlow Road
between the project driveway and the
Wardlow Road bridge over the Los
Angeles River, where the developer will
be required to construct a public
sidewalk where none currently exists.
UD 19-11
Ensure access to local-serving
commercial retail at the periphery to
serve residents.
The nearest commercial retail area is
located at the intersection of Wardlow
Road and Pacific Place, which is
approximately one-third of a mile from
the project site. This is well within
convenient bicycling distance and
marginally within convenient walking
distance. Project improvements to
public sidewalks on Wardlow Road will
make this distance more convenient to
traverse for non-automobile travelers.
Attachment G
CONDITIONS OF APPROVAL
712 Baker Street (Integral Communities/Oil Operators site) Application No. 2003-24
(SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
Special Conditions:
1. The following entitlements are approved for this project:
a. Site Plan Review for a Planned Unit Development of 226 dwelling units, consisting of 74 two-story detached single-family homes on small condominium lots, 99 attached two-story row townhouses, and 53 three-story carriage townhouses, located on 15.53 acres of a 20.4-acre development site, with a community center, pool, and recreation area for residents, and a 4.81-acre park to be developed on the remainder of the site, which will be open to the public in the same manner as a City park.
b. Vesting Tentative Tract Map No. 82712 to create one master ground lot, 226 individual airspace lots (one airspace lot for each residential unit). c. Zone Change to change the zoning of the subject site from CS (Commercial Storage) and R-1-N (Single-family Residential, standard lot) to RP-15 (Planned Unit Development, 15 du/ac maximum density). The H (Horse) overlay district on the eastern portion of the subject site shall remain unchanged. d. The above-listed entitlements are approved concurrently with the Planned Unit Development, as required by Section 21.31.320 of the Zoning Regulations. e. A Development Agreement between the Permittee and the City, subject to approval by the City Council and subject to execution by the City Manager and Permittee.
f. General Plan Conformity Certification to find the following street vacations are consistent with the General Plan:
1) Vacation of the portion of Baker Street between the western edge of Golden Avenue and the eastern edge of APN 7203-001-900, and 2) Vacation of unused right-of-way along Wardlow Road adjacent to the project site, with a slope easement reserved to the City to the satisfaction of the Director of Public Works.
2. A development standards waiver per California Government Code Section 65915 is hereby acknowledged, with the waiver to consist of a building height limit of three (3) stories allowed, instead of two (2) stories as specified in the Land Use Element Map of the General Plan. To obtain this waiver, the Permittee shall provide the affordable housing component required by California Government Code Section 65915. For this project, the Permittee has proposed to provide five percent (5%) of the total number of dwelling units (12 of 226 units) in the Very Low Income category. The affordability of these units shall be guaranteed as required by Cal. Gov’t Code Subsection 65915, to the satisfaction of the Director of Development Services, including but not limited to recordation of a deed restriction for each affordable unit for a minimum of 55 years. The affordable housing units shall be evenly distributed throughout the site plan and among the unit types of the residential development.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
3. The project shall be developed in substantial conformance with the plans reviewed by the Planning Commission on August 18, 2022, except as amended herein. Each project component shall be designed and constructed as depicted on these plans, maintaining the same architectural style, quality of materials, and consistency of design. Minor changes to the approved project design consistent with the project approval shall require, at a minimum, an additional review by Planning staff for Substantial Conformance to the approved plan set, or review by the Director of Development Services for the approval of minor modifications. Significant alterations (as defined in Section 21.21.405) shall require additional review by the Planning Commission.
4. The Development Agreement shall be subject to an annual review by the Planning Commission as required by Section 21.29.070 of the Zoning Regulations. The Permittee shall pay fees for each annual review per the fee resolution adopted by the City Council.
5. The Permittee shall comply with the phasing and permitting milestones set forth in the Development Agreement, which include the below. The Director of Development Services is authorized to withhold demolition, grading, and building permits (including but not limited to subtrade permits) to enforce this requirement.
a. Park grading shall commence concurrently with the grading of the residential development.
b. Following issuance of the first building permit, the required traffic signal and rightof-way reconfigurations at the project driveway on Wardlow Road shall be installed and operational prior to the issuance of the first certificate of occupancy for the project.
c. Completion of park infrastructure at or prior to the completion of the installation of infrastructure for the other portions of the project;
d. Park shall be roughly 50% complete on or before issuance of the 45th residential building permit; and
e. Park shall be completed and approved by the Director of Parks, Recreation, and Marine no later than the issuance of the 90th residential building permit.
6. Architecture, design, and materials of the project as a whole shall comply with the following:
a. No rough-finish stucco is permitted, and all stucco finish shall be the finest sand finish that does not require hand application. Hand application stucco is encouraged and preferred on enhanced elevations and on community buildings. b. All windows shall consist of high-quality materials. White vinyl windows shall be prohibited, and for vinyl windows, frame color shall complement the design of each building. Windows and doors should have an inset of at least 3 inches into the building wall to create sufficient shadow reading on elevations. c. No low-quality or inauthentic architectural detail elements are permitted. Details shall be high-quality materials and shall be consistent with the tradition of the selected architectural styles (Spanish Colonial, Italian, and Santa Barbara). d. Roofing materials shall consist of lifetime warranty tiles. Tiles shall be fully colorimpregnated products, and painted or otherwise color-finished roof tiles shall be prohibited. All roofing underlayment and membrane shall be rated for the same or greater lifetime as the roofing tiles.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
7. The Permittee shall submit a traffic management plan to the City Traffic Engineer, and said plan shall be revised to the satisfaction of the City Traffic Engineer and the Director of Development Services to specifically address roadway safety for all traffic entering or passing through the intersection of the project driveway at Wardlow Road before the required traffic signal and right-of-way reconfigurations are completed. No building permit shall be issued and no work shall commence on the project site until this plan is approved by the City Traffic Engineer, and all traffic to and from the project site shall be subject to this traffic management plan until the traffic signal and right-of-way reconfigurations are completed and accepted by the Director of Public Works.
8. The Permittee shall reserve a maintenance access easement over the vacated segment of Baker Street for the City of Long Beach and County of Los Angeles to the satisfaction of the Directors of Public Works for both agencies. This easement shall be recorded prior to or in conjunction with recordation of the vacation of Baker Street.
9. The vacated segment of Baker Street that is not improved as a project access drive and walkway shall be improved as a pedestrian path and finished with decomposed granite (DG) or a functional equivalent, and shall be closed to vehicular access using bollards or gates. Access shall be provided to the City of Long Beach and County of Los Angeles per the required access easement agreement.
10. At least one broad-canopy leafy shade tree per dwelling unit shall be provided on the residential development site, in addition to the landscaping requirements of Chapter 21.42 of the Zoning Regulations. These trees shall be provided primarily in the front yard of each unit; for units and buildings with no front yard landscaping area, that tree may be placed elsewhere on the residential development portion of the project site, but the required total of one tree per dwelling unit shall be provided cumulatively across the residential development portion of the project site. The trees required by this condition of approval shall be of at least twenty-four-inch (24”) box size, or functionally equivalent gallon container size, with a minimum tree height of six feet. If a smaller-than-equivalent gallon container size is selected, one additional tree shall be provided for every two required trees of 24” box size.
11. The project shall achieve a cumulative project-wide rating of LEED Certified. The project shall be registered with the USGBC to obtain the required LEED certification, or the project may be certified by a third party as meeting the intent of LEED at the Certified level in lieu of registration with the USGBC. Verification that the project will achieve the required LEED Certified rating shall be provided to the satisfaction of the Director of Development Services prior to building permit issuance or as otherwise ordered by the Director.
12. The Permittee shall provide the following in accordance with the Green Building Standards of Section 21.45.400 of the Zoning Regulations:
a. Canopy trees shall provide shade coverage, after five (5) years of growth, of forty percent (40%) of the total area dedicated to parking stalls and associated vehicular circulation, or paving materials with a solar reflectance index of at least twentynine (29) shall be used on a minimum of fifty percent (50%) of paving surfaces dedicated to parking stalls and associated vehicular circulation; b. Bicycle parking shall be provided at a minimum of one (1) space for every five (5) residential units, one (1) space for each five thousand (5,000) square feet of commercial building area, one (1) space for each seven thousand five hundred (7,500) square feet of retail building area and one (1) space for each ten thousand Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
(10,000) square feet of industrial building area. Fractions shall be rounded up to whole numbers;
c. Roofs shall be designed to be solar-ready subject to all applicable state and local construction codes and provide conduit from the electrical panel to the roof; and d. A designated area for the collection of recyclables and organics refuse shall be provided adjacent to the area for the collection of waste.
13. The Permittee shall provide for perimeter and on-site fencing as follows. a. An eight-foot-tall (8’-0”) CMU block wall on the western property line from the Wardlow Road right-of-way at the south to the Caltrans right-of-way at the north, except as follows:
1) Fence within the required thirty-foot (30’) front setback from Wardlow Rd. shall be limited to 3’-0” tall, and
2) 8-foot-tall wrought iron or tubular steel gates and fence sections may be as needed at access points.
b. All CMU walls shall be 1) plastered, 2) split-face, 3) slump-stone; or 4) otherwise incorporate block patterns using physical relief. The wall shall use colored CMU, slump-stone, or plaster to complement the project design, with no gray or painted CMU or slump-stone permitted.
c. An 8’-0” tall chain link, wrought iron, or tubular steel fence on the northern property line from the western property line CMU wall to the northwest corner of the City’s Baker Street Park. The purpose of this requirement is to maintain visibility onto the Caltrans embankment for the San Diego Freeway, to avoid creating a hidden space on the freeway embankment between the northern property line and the freeway.
d. A CMU block wall 6’-6” tall on the vacated portion of Baker Street west of Golden Avenue. Existing wooden and chain link fences on this segment shall be removed. e. A CMU wall or wrought iron or tubular steel fence on Golden Avenue south of Baker Street to Wardlow Road with a maximum height of 6’-6” tall. Existing wooden and chain link fences on this segment shall be removed. f. Interior fences between units, and between the units and private roads and drives within the development, shall consist of CMU to the greatest extent feasible. Vinyl fencing may be used where CMU is not feasible. Wood and chain-link fencing on the interior of the residential development shall be prohibited. Interior fences shall be limited to 3’-0” tall in unit front yards, and 6’-6” tall in other unit yard areas. g. The exterior side(s) of all CMU block walls shall be planted with self-attaching climbing vines, planted not more than four feet (4’) on center, with permanent irrigation provided, to the greatest extent feasible.
h. All forms of barbed wire and razor wire shall be prohibited on the site.
14. All exterior lights shall be adequately shielded so as to prevent the intrusion of light and glare upon any adjacent property or structure, in compliance with the appropriate backlight/uplight/glare (BUG) rating requirements of the Illuminating Engineering Society of North America (IESNA) equivalent to the previous standard for certified full-cutoff fixtures, or meeting IESNA specifications for full-cutoff fixtures. Any light trespass onto another property, parcel, land use, or the public right-of-way is strictly prohibited. Any Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
street lights, pedestrian lights, parking lot lights, and other exterior lights to be provided within the development or adjacent public rights-of-way shall be subject to review by the Director of Development Services prior to issuance of building and electrical permits.
15. All residential trash receptacles, including receptacles for recycling and for organics, shall be stored in the designated trash areas shown on approved plans. The intent of this condition is that trash receptacles shall be stored within each dwelling’s garage or inside of a fenced yard area, concealed from view within the residential development.
16. All bicycle racks on-site and in off-site improvements shall conform to the guidance in “Essentials of Bike Parking” by the Association of Pedestrian and Bicycle Professionals.
17. All exterior on-site newsstands and racks (including free publications, classifieds, etc.), vending machines, donation bins, and publicly-accessible telephones shall be prohibited, and any existing ones shall be removed.
18. The private streets within the development shall be named in accordance with the requirements of the Building and Safety Bureau, to the satisfaction of the Director of Development Services. If possible, street names conforming to the existing public street pattern shall be used. Alternatively, the private streets shall be named for local or regional geographic or natural features, or Southern California native plants or wildlife. The streets shall not be named for persons living or dead, nor using generic nature-related terms.
19. Any trees removed or replaced on the development site shall be replaced at a ratio of no less than two-to-one (2:1) to the greatest extent feasible.
20. Street trees shall be provided on Wardlow Road, Golden Avenue, and Baker Street adjacent to the project site at a spacing of not more than 25 feet on-center. Street trees shall be of a species approved by the Department of Public Works and shall match existing street tree species on each street as appropriate. Street trees shall be installed under a right-of-way permit from the Department of Public Works.
21. The Permittee shall provide for full sidewalk, parkway, curb and gutter improvements on the following street segments, listed below, to the standards required by Chapter 21.47 of the Zoning Regulations, unless superseded or modified herein by requirements or conditions of approval from the Department of Public Works. This condition may be modified as necessary by the Director of Public Works to ensure feasibility of the requirements of this condition, provided that the intent of this condition is met. a. On the north side of Wardlow Road from the eastern side of the Wardlow Road Bridge over the Los Angeles River to the southeastern corner of the Wrigley Heights Dog Park, including a code-compliant pedestrian and ADA connection to Golden Avenue;
b. On the west side of Golden Avenue from Baker Street to the southeastern corner of the Wrigley Heights Dog Park, and
c. On the north side of Baker Street adjacent to the City’s Baker Street Park.
22. The Permittee shall provide for safe and efficient bicycle and pedestrian access from the residential development to Wardlow Road to the satisfaction of the Director of Development Services.
23. The Permittee shall incorporate decorative pavers within the residential development to connect sidewalks and create continuous pedestrian paths across the private streets and drives. These paths shall meet the accessibility requirements of the Americans with Disabilities Act, as administered by the Building Official. Plans shall be revised to Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
incorporate this requirement prior to building permit issuance, to the satisfaction of the Director of Development Services. These decorative pavers shall be maintained in good condition in perpetuity by the Homeowners’ Association.
24. The Permittee shall construct and improve a park on the northern approximately 4.81 acres of the project site. This park shall be improved and programmed to the satisfaction of the Director of Parks, Recreation, and Marine, and shall include, without limitation, the following features:
a. A shade structure over the proposed “tot lot” playground. b. All applicable landscaping requirements specified in Chapter 21.42 as minimum standards.
c. This park shall be developed and maintained in such a way as to appear to be a seamless extension of the City’s Baker Street Park, which abuts this site to the east.
25. The Permittee shall provide for the construction of the following improvements to the City’s Baker Street Park to the satisfaction of the Director of Parks, Recreation, and Marine:
a. A self-cleaning public restroom, developed and installed to specifications provided by the Director of Parks, Recreation, and Marine. This may include installation of a prefabricated restroom unit, or prefabricated building modules as part of a building constructed in situ, if approved by the Director of Parks, Recreation, and Marine, provided that the restroom shall be a permanent structure attached to a permanent foundation and shall be approved by the Building Official; and b. A shade structure over the existing playground, to specifications provided by the Director of Parks, Recreation, and Marine.
26. The Permittee shall provide for the following improvements to the City’s Wrigley Heights Dog Park to the satisfaction of the Director of Parks, Recreation, and Marine:
a. Benches, trash cans, signs, drinking fountains, and message boards in the type and number to be specified by the Director of Parks, Recreation, and Marine. b. Replacement of the fence line adjacent to the residential development, and addition of access gate(s) between the dog park and residential development, using fence and gate type(s) and installation specifications to be provided by the Director of Parks, Recreation, and Marine.
c. Installation of a fence within the park to provide separate recreation areas for large dogs and small dogs.
27. Based on the Permittee’s intent to construct and improve an approximately 4.81-acre park on the northern portion of the subject site, which shall be open to the public in the same manner as a City park, the Permittee may apply for a credit or refund of the Parks and Recreation Facilities Fee (Parks Impact Fee) that would otherwise be due in accordance with Chapter 18.18 of the LBMC, based on an amount equal to or less than the construction valuation of the park constructed by the Permittee, with the following limitations:
a. The area of the park that is required for the project to meet the common open space development standard (15% of total site area) for a Planned Unit Development per Section 21.31.340.F shall not be eligible for credit or refund.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
b. Any credit or refund shall be requested and processed in accordance with Section
18.18.100 (Credits) or 18.18.110 (Refunds). No credit or refund shall be granted unless and until the park is constructed and improved to the satisfaction of the Director of Parks, Recreation, and Marine.
28. No automobile parking is required for the use or operation of the 4.81-acre park to be constructed by the Permittee. The Permittee shall provide bicycle parking for the park based on the Association of Pedestrian and Bicycle Professionals Bicycle Parking Guidelines document. Park visitors who are not residents and are not otherwise guests of residents of the residential development shall not be allowed to park automobiles in the residential development guest parking.
29. The Permittee shall complete the process for the requested vacation of the unused rightof-way portions of Wardlow Road to the satisfaction of the Director of Public Works prior to the issuance of any building permit for any building that would otherwise be within the required thirty-foot (30’) building setback required from Wardlow Road for the Planned Unit Development.
30. The Permittee shall complete the process for the requested vacation of Baker Street west of Golden Avenue, including recordation with Los Angeles County, to the satisfaction of the Director of Public Works prior to the issuance of the first building permit for any residential dwelling unit in the Planned Unit Development.
31. The residential development may be divided into multiple phases if desired by the Permittee. Each phase shall be submitted into plan check in the manner directed by the Building Official. A master site plan shall be included with each phase submittal, identifying each phase on the site, and showing each unit in each phase, with full dimensions and setbacks information for each building on the site plan. Full floor plans, elevations, and landscaping plans shall be provided for each unit type in each phase, including separate sub-types of units, units with or without options, mirrored units, or units with enhanced elevations.
32. All on-site landscaping and improvements, all park improvements, and all off-site improvements shall be completed prior to approval of a final building inspection or certificate(s) of occupancy for any units in the final phase of the residential development.
33. The Director of Development Services and the Director of Public Works may approve minor modifications to the approved Vesting Tentative Tract Map, if said modifications are consistent with the original approval per Section 20.12.170, are consistent with the Subdivision Ordinance (Title 20, LBMC) and the Subdivision Map Act (Cal. Gov’t Code section 66410 et seq.), and do not significantly alter the original Tentative Map approval per Section 21.21.405.
34. The Final Map shall be prepared to conform to all conditions and requirements of Title 20 (Subdivision Ordinance) of the City of Long Beach, unless specified otherwise herein.
35. All property taxes and all outstanding special assessments shall be paid in full prior to approval of the Final Map.
36. All required off-site improvements shall be financially provided for to the satisfaction of the Director of Public Works prior to approval of the Final Map.
37. Prior to approval of the Final Map, the Permittee shall deposit sufficient funds with the City to cover the cost of processing the Final Map through the Department of Public Works.
Furthermore, the Permittee shall pay the Planning processing fees for the Final Map. The Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
Permittee shall pay fees to the City for processing of the Final Map based on the total number of lots or units in the subdivision, including both ground lots and airspace lots.
38. The Permittee shall cause to be prepared covenants, conditions, and restrictions (CC&Rs) for this project. The CC&Rs shall be executed and recorded against the title of the parcel(s) and shall contain the following provisions, which shall also be noted on the Final Map. A copy of the CC&Rs shall be provided to the Director of Development Services for review and approval prior to transmittal to the California Department of Real Estate or recordation with the Los Angeles County Recorder. The Director of Development Services is authorized to require the Permittee to revise the CC&Rs prior to transmittal to the CDRE or recordation with the County, in order to effect compliance with these conditions of approval. The CC&Rs shall require, at a minimum, the following requirements, which shall apply as part of these conditions of approval regardless of the language of the final recorded CC&Rs:
a. The Homeowners’ Association (HOA) shall be responsible for the primary enforcement of these requirements. The HOA shall not make enforcement exceptions contrary to these requirements. Violation of these requirements shall be considered a violation of the Zoning Regulations per Sections 21.10.080 and
21.10.090, and shall be enforceable upon both the HOA and individual residential dwelling owners by the City’s Code Enforcement Bureau, City Prosecutor, or other responsible department, agency, or person.
b. The subject residential development shall consist of 226 dwelling units. The number of dwelling units may not be reduced, in accordance with State law No Net Loss requirements, and no principal dwelling units may be added unless this Planned Unit Development approval is modified.
c. A clear, detailed and concise written description of the park, the common areas, and the facilities of the community shall be provided.
d. A minimum of two (2) garage parking spaces shall be permanently maintained as parking facilities for each dwelling in the development. Garage parking spaces shall be used solely for the parking of personal vehicles. Garage parking spaces shall not be leased, subleased, rented, or sold, and shall be used exclusively by the residents of the same dwelling where each garage is located. e. Each dwelling unit or household shall be limited to the possession of a number of personal automobiles equal to the number of garage parking spaces provided for the dwelling unit.
f. The code-required guest parking amount of one space per four dwelling units shall be provided on the private streets within the residential development, and shall be used only by guests. Guest parking in each individual guest parking space shall be limited to a duration of 72 hours. These limitations shall be clearly posted on signs at the entrance and within the residential development. g. No commercially-registered vehicles, no trailers of any type, no boats or other watercraft, no portable storage units, and no recreational vehicles (RVs) shall be parked in the required guest parking. Commercially-registered vehicles providing a service within the residential development shall be exempt from this limitation and may park in required guest parking from 7:00 am to 7:00 pm each day. h. The HOA shall maintain and enforce a parking restriction plan for guest parking spaces on refuse collection day.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
i. The HOA shall enforce the above restrictions on guest parking and guest parking spaces by causing vehicles in violation of these requirements to be towed, in accordance with the California Vehicle Code.
j. All refuse collection (trash, recycling, yard waste/compost, etc.) shall be limited to a single day per week to minimize the impact on guest parking. k. All air conditioning/heat pump exterior equipment units shall be ground-mounted, and shall be located within the side or rear yard of each residential unit, and shall be screened from view by a fence at least as tall as the equipment unit. A minimum clearance of three feet (3’-0”) shall be provided between the outer face of each unit and adjacent side or rear property lines per Subsection 21.31.215.B of the Zoning Regulations. If wall-mounted “mini-split” units are used, the ground-mounted restriction shall not apply, provided that any wall-mounted “mini-split” unit shall be mounted as low as feasible and not higher than six feet six inches (6’-6”) to the top of the unit, and the unit shall be screened from view by a fence at least as tall as the top of the mini-split unit, but not exceeding the fence height limit of 6’-6” for side and rear yards adjacent to other units. Any other wall- or window-mounted air conditioners/heat pumps shall be prohibited.
l. All home occupations within the residential development shall comply with Section
21.51.235 (Home Occupations) or any successor provision(s) of the Zoning Regulations that regulate home occupations.
m. Graffiti removal shall be the responsibility of the Homeowner’s Association. Graffiti shall be removed within 24 hours of its discovery. This responsibility shall include graffiti on the outside of the perimeter walls in addition to any graffiti within the development.
n. The Homeowners’ Association shall be responsible for the operation and maintenance of the following, and such responsibilities shall be provided for in the C,C,&Rs:
1) The private sewer connection(s) to the public sewer in the public right-ofway; 2) The site drainage system(s), storm drains, bioswales, and drainage pits; 3) The maintenance of all common areas, common landscaping, community buildings, facilities, and amenities;
4) A provision for the maintenance by homeowners of the exterior of each residence and the private landscaping associated with each residence, except that the front yard landscaping of each unit, including all groundcover, shrubs, and trees, shall be maintained by the HOA, and the HOA shall be responsible for replacement of any front yard landscaping plant material and trees that become unhealthy or die;
5) All private streets, sidewalks, parkways, and driveways; 6) All perimeter fences, walls, and gates, and all interior fences, walls, and gates between units and between units and the private streets and drives of the residential development;
7) All adjacent public right-of-way street trees, parkways, sidewalks, and drive aprons;
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
8) Enforcement of parking restrictions for the guest parking spaces; 9) Any costs or corrections due to building or property maintenance code enforcement actions.
o. The HOA shall be responsible for the on-going maintenance of the private property park in perpetuity. The park shall be maintained to standards functionally equivalent to the maintenance levels required for City parks by the Department of Parks, Recreation, and Marine.
p. The private property park shall be open to the public in the same manner as a City park, including but not limited to, days and hours of operation. q. The CC&Rs shall contain adequate provision, to the satisfaction of the Director of Development Services, for the maintenance of the exterior of buildings and all major building systems for all buildings in the development.
39. Prior to issuance of a grading or demolition permit (whichever occurs first), the Permittee shall submit a proposed haul route/trucking route for all construction truck trips for review by the Director of Development Services and the City Engineer. The Director of Development Services and/or City Engineer may modify this proposed haul route/trucking route prior to its approval, as they deem necessary to protect the public safety and welfare, and to prevent negative impacts upon neighboring uses. Said modifications (if any), approval, and enforcement shall be binding upon all hauling activities and construction truck trips by the Permittee.
40. The Permittee shall abide by and enforce the haul route/trucking route approved by the Director of Development Services and City Engineer. Failure to do so shall cause the City to issue a stop work order and withhold issuance of further construction permits, inspections, or certificates of occupancy, until such time as the Director of Development Services and City Engineer determine the Permittee’s hauling practices to be remedied.
41. Minor changes to these approved plans, in keeping with the intent and spirit of the project approvals, may be approved at the discretion of the Director of Development Services.
For any major changes, including changes to building/architectural materials, on-site improvements, site plan or layout, landscaping, or other significant items (including deviations from any of these conditions of approval), the Permittee shall be required to submit an application for a Modification of Approved Permit – Site Plan Review Committee Approval level.
42. All groundcover and shrubs shall be drought-tolerant and low-water requirement species.
The project landscaping shall comply with the Water Efficient Landscaping standards of Chapter 21.42 of the Zoning Regulations.
43. The Permittee shall provide for all CPTED (crime prevention through environmental design) recommendations issued for the project by the Long Beach Police Department, in the memo dated April 7, 2020, which by this reference is made a part of these conditions of approval.
44. Any streetlights, pedestrian lights, parking lot lights, and other exterior lights to be provided within the development or adjacent public rights-of-way shall be subject to review by the Director of Development Services prior to issuance of building and electrical permits. All lights shall be adequately shielded so as to prevent the intrusion of light and glare upon any adjacent property or structure, in compliance with the appropriate backlight/uplight/glare (BUG) rating requirements of the Illuminating Engineering Society Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
of North America (IESNA) equivalent to the previous standard for certified full-cutoff fixtures, or meeting IESNA specifications for full-cutoff fixtures.
45. The Permittee shall provide for the construction of trash receptacle areas of sufficient number and size to meet all reasonably foreseeable refuse needs of the common areas, amenities, and park area of the project. All trash receptacle areas shall be located and constructed in accordance with Section 21.45.167 of the Zoning Regulations.
46. The Permittee shall provide a construction staging plan to the Director of Development Services for review and approval prior to the issuance permits for each phase of construction, including demolition/site preparation, rough grading, precise grading, and each phase of building permits.
47. All trucks, construction vehicles, and equipment not actively in use on the project site, including those queueing off-site, shall be prohibited from engine idling for more than 5 minutes, and the Permittee shall utilize best management practices (BMPs) and best available technology to achieve this. The Permittee shall post a clearly-legible sign on the exterior construction fencing with the phone number of a construction site complaint/issues coordinator responsible for managing truck and equipment idling.
Complaints of violations regarding truck and equipment idling shall be resolved within 24 hours of the receipt of the complaint. The Director of Development Services is authorized to issue stop work orders and withhold the issuance of building permits if the Permittee fails to remedy engine idling violations as required, until such time as the violations are remedied.
48. Following permit issuance for each phase of construction, the Permittee shall provide written notification to all residents within 300 feet of the project site boundaries, and any concerned neighborhood organizations, at least 72 hours prior to the commencement of said phase of construction. This notice shall contain a description of the work to take place, an approximate timeline for the phase and overall project, and the telephone number and email address of a responsible manager who can be contacted to resolve any concerns or complaints about the construction work.
49. All equipment reverse signal alarms utilized by construction vehicles and equipment on the site, as required per OSHA regulations and provided in Code of Federal Regulations 29 CFR 1926.601(b)(4) and 1926.602(a)(9), shall not be of the single-tone high-pitch type.
Alternate pitch, broad-spectrum sound, or other non-single-tone non-high-pitch alarms meeting the requirements of 29 CFR 1926.601(b)(4) and 1926.602(a)(9) shall be utilized instead.
50. Prior to the issuance of a building permit, the Permittee shall depict all utility apparatus, such as, but not limited to, backflow devices and Edison transformers, on both the site plan and the landscape plan. Wherever feasible, these devices shall not be located in any front, side, or rear yard area that is adjacent to a street. Furthermore, these devices shall be screened to the greatest extent feasible by landscaping or another screening method approved by the Director of Development Services.
Project EIR and Mitigation Measures
51. The Permittee shall comply with all mitigation measures of the River Park Residential Development Environmental Impact Report (EIR) and its Mitigation Monitoring and Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
Reporting Program (MMRP). The MMRP is attached to these conditions of approval and by this reference made a part hereof.
Public Works Conditions
52. The Permittee shall provide for the following to the satisfaction of the Director of Public Works. Submittal of construction documents into plan check may result in additional or modified requirements from the Department of Public Works.
GENERAL REQUIREMENTS
a. The final map shall be based upon criteria established by the California Subdivision Map Act and/or Title 20 of the Long Beach Municipal Code. b. Prior to final map approval, the Permittee shall obtain utility clearance letters for any public entity or public utility holding any interest in the subdivision as required by the Subdivision Map Act.
c. All off-site and/ or public improvements and facilities required by the Department of Public Works not in place and accepted prior to final map approval, must be guaranteed by instrument of credit or bond to the satisfaction of the Director of Public Works.
d. Prior to final map approval, the Permittee shall submit its on-site parking management plan and project Conditions, Covenants and Restrictions (CC&R’s) for review and approval of the Director of Public Works. e. The Permittee and successors shall be responsible for the maintenance of the site drainage system, and for the operation and maintenance of any private sewer connection to the public sewer in the abutting public right-of-way, and for the maintenance of the sidewalk, parkway, street trees and other landscaping, including irrigation, within and along the adjacent public right-of-way. Such responsibilities shall be enumerated and specified in the project CC&R’s, and a recorded copy of said document shall be provided to the Director of Public Works f. No cross-lot drainage will be permitted. Existing cross-lot drainage problems shall be corrected prior to approval of the final map, or a private drainage easement recorded on the map, to the satisfaction of the Director of Public Works. g. Prior to the start of ANY demolition, excavation, or construction, the Permittee shall,
i. Submit a construction plan for pedestrian protection, construction staging, scaffolding and excavations, and
ii. Submit a traffic control plan with street lane closures and routing of construction vehicles (excavation hauling, concrete and other deliveries, etc.) prepared by a registered Civil or Traffic Engineer in the State of California, with wet seal and signature, and
iii. Submit a plan for construction area and/or site perimeter fencing with custom printed screen(s),
iv. All for review and approval by the Department of Public Works and installed in accordance with the latest version of the Public Works Development Guidelines.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
Work, including hauling soils or other debris, is not allowed within the right-of-way without a valid Public Works permit. The Permittee shall comply with all requirements outlined within the latest version of the Public Works Development Guideline and all referenced standards at the time of application submittal.
h. The Permittee shall construct all off-site improvements needed to provide full ADA accessibility compliance within the adjacent public right-of-way, to the satisfaction of the Director of Public Works. If a dedication of additional right-of-way is necessary to satisfy ADA requirements, as determined during the plan check process, the right-of-way dedication way shall be provided. i. Public improvements shall be constructed in accordance with Public Works construction standards, and per plans reviewed and approved by the Department of Public Works. Detailed off-site improvement plans shall be prepared by a licensed Civil Engineer, stamped, signed and submitted to the Public Works counter at the Permit Center on the 2nd Floor of City Hall (411 W. Ocean Blvd., Long Beach, CA 90802), for review and approval. The City’s Public Works Engineering Standard Plans are available online at
www.longbeach.gov/pw/resources/engineering/standard-plans. This is in addition to, and separate from, any plan check required by the Department of Development Services, Building & Safety Bureau.
j. All conditions of approval, including cover letter signed by the Planning Officer and Case Planner, must be printed verbatim on all plans submitted for plan review to the Department of Public Works.
PUBLIC RIGHT-OF-WAY
k. The Permittee shall vacate Baker Street adjacent to the project frontage from the eastern property line of the Los Angeles County Flood Control Channel lot to approx. 384 ft east of said line to the satisfaction of the Director of Public Works.
As agreed upon between the City of Long Beach, the Permittee, and LA County Public Works, an access easement will be reserved over the vacated portion of Baker Street to allow the LA County Flood Control District to continue using Baker Street to access flood control facilities at the end of Baker street. In addition to the access easement, a utility easement shall be reserved over the vacated Baker Street for all existing utilities that are to remain in place as well as any proposed utilities.
l. Per the submitted site plan, the Permittee shall dedicate and improve 10 feet for sidewalk purposes along the southern half of the Baker Street right-of-way, adjacent to the northern property line of the proposed residential component of the development site, from the eastern limit of the to-be-vacated Baker Street to the intersection of Baker Street and Golden Ave, resulting in a 10-foot wide public walkway (5 feet of parkway and 5 feet of sidewalk) to the satisfaction of the Director of Public Works. This dedication can be made on the final map. m. Permittee shall collaborate with the City of Long Beach and LA County Flood Control to process a lot line adjustment to allow legal access from 34th street to the District’s parcel and allow for the vacation of Baker Street. n. The Permittee requests the vacation of the right of way along its southerly property line, adjacent to Wardlow Road. In order for the City to consider this request, the Permittee shall not disturb the slope within the to-be-vacated right of way so as not to destabilize the integrity of the Wardlow Road substructure. If the Permittee does Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
need to disturb or eliminate the slope, they must 1) provide and construct an engineering alternative design to maintain the existing grade of Wardlow Road, and 2) modify the area to be vacated. A slope easement shall be reserved over the vacated area along Wardlow Road, as necessary. To process this request, Permittee shall submit for review and approval, a complete Vacation Application along with all required attachments and application fee. o. The Permittee shall be responsible for the relocation and/ or undergrounding of utilities, right-of-way dedications, quitclaim of easements, and/or any new utility easements required in connection with the proposed development, and removal of any related abandoned facilities or equipment as needed or required; as structures cannot be built within an easement or dedicated area.
p. The Permittee shall provide easements to the City of Long Beach for any City required facilities including traffic signal controls, signage, required slopes, bus stops, refuse collection access, and any other public utilities and/ or necessities, to the satisfaction of the public agency or City Department with interest. All easements shall show on the final map.
q. The Permittee shall provide any necessary storm drain easements to the County of Los Angeles on the final map or successor final maps. If additional storm drain easements are required by the County of Los Angeles and provided by separate instrument, recorded copies of same shall be provided to the Director of Public Works for City records.
r. Unless approved by the Director of Public Works, easements shall not be granted to third parties within areas proposed to be granted, dedicated, or offered for dedication to the City of Long Beach for public streets, alleys, utility or other public purposes until the final map filing with the County Recorder. If easements are granted after the date of tentative map approval and prior to final map recordation, a notice of subordination must be executed by the third-party easement holder prior to the filing of the final map.
s. All dedicated areas shall be improved by the Permittee to the most current City standards and to the satisfaction of the Director of Public Works. t. Per the submitted site plan the Permittee proposes construction near, on and/ or through a north-south sewer easement running generally along the eastern half of the proposed project site, generally running the length of Golden Ave in a curvilinear fashion, for Vitrified Cay Pipe (VCP) owned by County Sanitation District of LA. If required, these facilities shall be relocated in accordance with the requirements of the County Sanitation District of LA and to the satisfaction of the Director of Public Works.
u. Per the submitted site plan the Permittee proposes construction within the vicinity of existing utilities and/ or utility easements, including; i. A private storm drain in the southern half of the proposed project site; ii. Street lights and associated infrastructure running adjacent to and along the southern property line boundary;
iii. Slope easements along the southern property line boundary for retaining slope purposes;
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
iv. A Freeway Slope easement along the northern property line boundary for retaining slope purposes; and
v. A No Ingress or Egress easement along the northern property line boundary restricting any access to the adjacent northern property.
The Permittee shall be responsible for resolving all matters of easement(s) and/or utilities encroachment to the satisfaction of the interested agency, City Department, and the Director of Public Works.
OFF-SITE IMPROVEMENTS
v. The Permittee shall widen Golden Avenue (west of the centerline) adjacent to the project site, demolishing any existing, and reconstructing, the asphalt road pavement, sidewalk pavement, curb and curb gutter within the roadway resulting in a 30-foot wide improved ½ width right-of-way with a 12-foot wide walkway (consisting of a 6-foot wide concrete sidewalk, curb and curb gutter and 6-foot wide irrigated and planted parkway) on the western half of Golden Avenue. The Permittee shall provide for or relocate all street fixtures, including traffic signs, required in connection with the street widening. The asphalt street section shall be replaced in its entirety, including the base.
w. The Permittee shall construct a sidewalk along the west side of Golden Avenue adjacent to the Wrigley Heights Dog Park from the proposed project to Wardlow Rd to allow for the continuation of the sidewalk along Golden Avenue. Sidewalk shall replace the existing dirt area between the existing curb and wall. All sidewalk improvements shall be constructed with Portland Cement Concrete, ADA compliant and per City standard to the satisfaction of the Director of Public Works.
Existing infrastructure shall be relocated as necessary to ensure a compliant path of travel. Existing driveways shall be verified for compliance and replaced if found to be non-compliant.
x. As illustrated in the project plans, there appears to be a proposed sidewalk that ends near the Baker Street Park along the northern limits of Baker Street. The sidewalk shall end in a unidirectional curb ramp (crossing Baker Street) at the northern prolongation of the proposed western curb line of Golden Avenue. All sidewalk improvements shall be constructed with Portland Cement Concrete, ADA compliant and per City standard to the satisfaction of the Director of Public Works. y. Per the submitted site plan, the Permittee shall construct new sidewalk pavement and curb and gutter along the south side of Baker Street, from the to-be-vacated Baker street to the intersection of Golden Ave, resulting in a 50-foot wide improved right-of-way with a fully improved 40-foot road width from curb face to curb face, and a 10-foot wide walkway (consisting of a 5-foot wide concrete sidewalk, curb and curb gutter and 5-foot wide irrigated and planted parkway) on the south side of Baker Street. The final design must be reviewed and approved by the Long Beach Fire Department.
z. Permittee shall construct a new ADA curb ramp at the southwest corner of the intersection of Baker Street and Golden Avenue to the satisfaction of the Director of Public Works. All improvements shall be Portland Cement Concrete and per the latest City standard.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
aa. The Permittee shall construct a new vehicular access way over the vacated Baker Street to the satisfaction of the Long Beach Transportation Mobility Bureau and LA County Flood Control District to continue to allow for access to the LA River lots. bb. The Permittee shall construct new 12-foot wide walkway (consisting of a 6-foot wide concrete sidewalk, curb and curb gutter and 6-foot wide irrigated and planted parkway) along the north side of Wardlow Road, generally from the Wrigley Heights Dog Park sign to the proposed project entrance on Wardlow Road, where no sidewalk pavement currently exists.
cc. The Permittee shall construct new 12-foot wide walkway (consisting of a 6-foot wide concrete sidewalk, curb and curb gutter and 6-foot wide irrigated and planted parkway) along the north side of Wardlow Road, from the proposed project entrance on Wardlow Road to the existing sidewalk on the Wardlow Road Bridge, where no sidewalk pavement currently exists.
dd. All off-site improvements shall provide a minimum of 5 feet clear dedicated rightof-way between any and all obstructions for pedestrian travel purposes compliant with the most recent ADA standards. All hardscape shall be constructed with Portland cement concrete. All removal limits shall consist of entire panel replacements (from joint line to joint line).
ee. The Permittee shall provide for new tree wells, street trees with root barriers, ground cover and irrigation systems for parkways along Golden Avenue and Wardlow Road, adjacent to and near the project site, per Section 21.42.050 of the Long Beach Municipal Code. Street trees requiring removal shall be relocated or replaced to the satisfaction of the Director of Public Works. The Permittee and/or successors shall water and maintain all street trees, landscaping and sprinkler systems required in connection with this project. The Permittee shall contact the Street Tree Division of the Department of Public Works, at (562) 570-2770, prior to beginning the tree planting, landscaping, and any irrigation system work. The Street Tree Division will assist with the size, type and manner in which the street trees are to be installed. At a minimum, parkway trees shall provide shade coverage, after five years of growth, of 50% of the total area dedicated for public right of way.
ff. As illustrated in the provided plans, the Permittee is proposing a new public storm drain system within the vacated Baker Street. Permittee shall coordinate with Los Angeles County Flood Control District for review, approval and acceptance, as necessary.
gg. The Permittee shall install new street lights along the western half of Golden Avenue adjacent to the proposed project site, with necessary lighting calculations for the proposed street lighting system, which shall be submitted to the Director of Public Works for review and approval, prior to approval of the final map. The Permittee shall construct or provide for high pressure sodium luminaires/LED cobra-head luminaires, light standards and feed point(s) in all the public and private streets within and adjacent to the proposed subdivision, to the satisfaction of the Director of Public Works and prior to final map approval. hh. The Permittee proposes improvements that may impact and/ or conflict with existing above ground or underground utilities adjacent to and/ or within the project site, such as street lights along Wardlow Road, a 24-inch concrete storm drain pipe, and the sewer lines within the above noted existing sewer easement. The Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
Permittee is responsible for all design, applicable utility approval, permitting, relocation and/or undergrounding work, removal if abandoned in place, and/ or replacement or repair of any damaged utilities and commissioning as required by the interested agency and shall work with each utility directly, and to the satisfaction of the Director of Public Works.
ii. The Permittee shall be responsible for the maintenance, repair and replacement of off-site improvements abutting the project boundary during construction of the on-site improvements, until final inspection of the on-site improvements by the City.
All off-site improvements found damaged as a result of construction activities shall be reconstructed or replaced by the Permittee to the most current City standards and to satisfaction of the Director of Public Works.
jj. The Permittee shall provide for the resetting to grade of manholes, pull boxes, meters, and other existing facilities in conjunction with the required off-site improvements.
kk. All rough grading shall be completed prior to the approval of the final map, otherwise, the Permittee shall be responsible for processing an appropriate grading bond. No cross-lot drainage will be permitted. Existing cross-lot drainage problems shall be corrected to the satisfaction of the Director of Public Works prior to the approval of the final map.
ll. The Permittee shall relocate or resolve all issues relating to the existing storm drain systems within the vicinity of the proposed buildings; and/or provide for the construction of new storm drain lines outside the footprint of the proposed buildings. Any connections to the County storm drain system shall be made per the requirement of the County of Los Angeles Department of Public Works, or the agency(s) with interest. An excavation permit issued by the Department of Public Works is required for all excavation work in the public right-of-way. Contact Construction Services, at (562) 570-2035, to request additional information about excavation permit requirements. Proposed storm drain lines and/or systems must be reviewed, approved, and accepted for operations by the interested agency(s) through plan review -OR- the County of Los Angeles Department of Public Works, call (626) 458-4921 to initiate plan review. The Permittee shall provide said plans to the Director of Public Works for review prior to approval of the final map. mm. The Permittee shall submit a precise grading plan with hydrology and hydraulic calculations showing building elevations and drainage pattern and slopes, for review and approval by the Director of Planning and Building Services and the Director of Public Works, prior to issuance of a building permit. nn. Prior to approving an engineering plan, all projects greater than 1 acre in size must demonstrate coverage under the State Construction General NPDES Permit. To meet this requirement, the Permittee must submit a copy of the letter from the State Water Resource Control Board acknowledging receipt of the Notice of Intent (NOI) and a certification from the Permittee or engineer that a Storm Water Pollution Prevention Plan (SWPPP) has been prepared. Should you have any questions regarding the State Construction General NPDES Permit or wish to obtain an application, please call the State Regional Board Office at (213) 576-6600 or visit their website for complete instructions at
www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml.
Left-click on the Construction General Permit Order 2009-0009-DWQ link.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
oo. All work within the public right-of-way must be performed by a contractor holding a valid State of California Contractor’s License and City of Long Beach Business License, sufficient to qualify the contractor to do work. The Contractor shall have on file with the City Engineer a Certificate of General Liability insurance, and endorsement evidencing minimum City of Long Beach limits of required general liability insurance.
pp. The Permittee shall install Custom Printed Flex Mesh screen(s) along the perimeter of the development site, such as FenceScreen.com Series 311, or equivalent, fence screening, and provide for the printed graphic to the satisfaction of the Director of Public Works. The graphics shall depict positive images of the City or other artistic concepts. Prior to submitting the graphic design for printing, the Permittee shall consult with the Department of Public Works to review and approve.
qq. The Permittee is proposing construction on property adjacent to, and within proximity to the Los Angeles River. The Permittee shall obtain and provide documentation from local, state, and federal municipalities and agencies having jurisdiction over the Los Angeles River, indicating these entities have reviewed the Permittee’s proposed development, have approved it and allow the Permittee to commence construction.
rr. The Permittee is proposing construction on property adjacent to a Freeway Slope Easement, and within proximity to the 405 Freeway. The Permittee shall obtain and provide documentation from Caltrans indicating it has reviewed the Permittee’s proposed development, has approved it and allows the Permittee to commence construction.
TRAFFIC AND TRANSPORTATION
ss. A traffic impact analysis has been prepared for this project, under the supervision and approval of a registered Traffic Engineer in the State of California (Engineer’s stamp required) and has been reviewed by the City’s Traffic Engineer. The findings of that analysis have been incorporated into these conditions. Any deviations from the currently proposed project and/or traffic related designs, may require additional traffic impact analysis.
tt. The Permittee shall install traffic signal related equipment to current CA MUTCD and/or City of Long Beach Standards, at the intersection of Wardlow Road and the proposed entry to the project, generally in conformance with the “Conceptual Traffic Signal Design” prepared by Permittee, dated August 25, 2020. Installation of the traffic signal related equipment may include, but not be limited to the following
i. Traffic Signal indicators to the most current City standard. ii. Vehicular detection shall be installed on all approaches to the signalized intersection. This may include presence, mid or advance detection per City direction. Options will include standard Type E loops or video detection. iii. All pedestrian push buttons and indicators shall be to the most current City Standards.
iv. The Permittee shall install Emergency Vehicle Pre-Emption (EVPE) equipment. The equipment and installation must be completed per the most current City Standard.
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
v. The Permittee shall install a GPS Module at the traffic signal. The GPS Modules create accurate time-based communications between nearby traffic signals.
vi. The Permittee shall install a new traffic signal controller based on the most current City Standard [McCain 2070 Controllers].
vii. Permittee shall install 96 count fiber interconnect cable to the satisfaction of the City’s Traffic Engineer, but at a minimum from the proposed traffic signal to Magnolia Avenue.
viii. Permittee shall install flashing beacons, on overhead mast arms attached to utility poles, on both approaches to the proposed traffic signal, 450 feet from the stop limit line.
uu. The Permittee may be required to upgrade all existing crosswalks at the intersection of Wardlow Road and Magnolia Avenue to thermoplastic continental crosswalks per City Standard Plans.
vv. The Permittee shall install three-way stop control at the T-intersection of Ambeco Road, Maine Avenue and 39th Street, if warranted.
ww. The Permittee shall install improvements to the intersection of Baker Street and Golden Avenue to the satisfaction of the City’s Traffic Engineer and/or Director of Public Works, including but not limited to;
i. Installation of Stop signs and mounting poles at locations as indicated by the City’s Traffic Engineer; and
ii. Portland cement concrete cross gutters as indicated through plan check comments on detailed improvement plans.
xx. The Permittee shall make improvements to the median on Wardlow Road, adjacent to the project, to accommodate a traffic signal at the proposed project entrance on Wardlow Road. The Permittee shall prepare detailed improvement plans for the median improvements and submit them for review and approval by the City’s Traffic Engineer and/or Director of Public Works. yy. The Permittee shall prepare detailed striping plans and submit them for review and approval by the City’s Traffic Engineer and/or Director of Public Works. zz. The Permittee shall salvage and reinstall all traffic signs that require temporary removal to accommodate new construction within the public right-of-way. All traffic signs shall be reinstalled to the satisfaction of the City Traffic Engineer. aaa. The Permittee shall replace all traffic signs and mounting poles damaged or misplaced as result of construction activities to the satisfaction of the City Traffic Engineer.
bbb. The Permittee shall protect or replace/repaint all traffic signage, markings and colored curb within the public right-of-way adjacent to the project site. ccc. All traffic control device installations, including pavement markings within the private parking area, shall be installed in accordance with the current edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD).
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
Standard Conditions – Plans, Permits, and Construction:
53. Prior to the issuance of a building permit, the Permittee shall submit a revised set of plans reflecting all of the design changes set forth in the conditions of approval, to the satisfaction of the Director of Development Services.
54. All conditions of approval shall be printed verbatim on all plans submitted for plan review to the Department of Development Services. These conditions shall be printed on the site plan or a subsequent reference page.
55. The plans submitted for plan review shall explicitly call out and describe all materials, textures, accents, colors, window, door, planter, and paving details that were approved by the Site Plan Review Committee or the Planning Commission. No substantial changes shall be made without prior written approval of the Site Plan Review Committee or the Planning Commission.
56. The Director of Development Services is authorized to approve minor modifications to the approved design plans or to any of the conditions of approval if such modifications shall not significantly change or alter the approved project. Any major modifications shall be reviewed by the Zoning Administrator, Site Plan Review Committee, or Planning Commission, respectively.
57. All rooftop mechanical equipment shall be fully screened from public view. Said screening shall be architecturally compatible with the building in terms of theme, materials, colors and textures. If the screening is not specifically designed into the building, a rooftop mechanical equipment screening plan shall be submitted for approval by the Director of Development Services prior to the issuance of a building permit.
58. Upon plan approval and prior to issuance of a building permit, the Permittee shall submit a reduced-size set of final construction plans for the project file.
59. A permit from the Department of Public Works shall be required for any work to be performed in or over the public right-of-way.
60. Any off-site improvements found to be damaged as a result of construction activities related to this project shall be replaced to the satisfaction of the Director of Public Works.
61. Separate building permits are required for fences, retaining walls, flagpoles, and pole mounted yard lighting foundations.
62. The Permittee shall file a separate landscaping plan check submittal to the Department of Development Services for review and approval prior to issuance of a building permit.
63. The Permittee shall file a separate plan check submittal to the Long Beach Fire Department for review and approval prior to the issuance of a building permit.
64. All structures shall conform to the Long Beach Building Code requirements.
Notwithstanding this subject permit, all other required permits from the Building Bureau shall be secured.
65. Site development, including landscaping, shall conform to the approved plans on file with the Department of Development Services. At least one set of approved plans containing Planning, Building, Fire, and, if applicable, Health Department stamps shall be maintained at the job site, at all times for reference purposes during construction and final inspection.
66. For projects consisting of new buildings, parking lots, or landscaped area, the Permittee shall submit complete landscape and irrigation plans for the approval of the Director of Development Services prior to application for a temporary certificate of occupancy, or Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
certificate of occupancy. The landscaping plan shall include drought tolerant street trees to be installed consistent with the specifications of the Street Tree Division of the Department of Public Works. Approved root guards shall be provided for all street trees.
On-site landscaping shall comply with Chapter 21.42 (Landscaping Standards), as applicable, to the satisfaction of the Director of Development Services.
67. For new construction, all landscaped areas shall comply with the State of California’s model landscape ordinance. Landscaped areas shall be planted with drought tolerant plant materials and shall be provided with water conserving automatic irrigation systems designed to provide complete and adequate coverage to sustain and promote healthy plant life. The irrigation system shall not cause water to spray or flow across a public sidewalk.
68. All landscaping irrigation systems shall use high efficiency sprinkler nozzles. The models used and flow rates shall be specified on the landscaping plan. For residential-type or small-scale sprinkler systems, sprinkler head flow rates shall not exceed 1.00 GPM and shall be of the rotating type. Where feasible, drip irrigation shall be used instead. If an inground irrigation system is to be installed, such system shall be controlled by an automatic self-adjusting weather-based irrigation controller.
69. All outdoor fountains or water features shall utilize water recycling or re-circulation systems. The plans submitted for review shall specifically identify such systems.
70. Energy conserving equipment, lighting, and construction features shall be utilized in this project.
71. Low-flow fixtures shall be used for all lavatory faucets, kitchen faucets, showerheads, toilets, and urinals. Toilets may be either low-flow or dual flush. Maximum flow rates for each fixture type shall be as follows: lavatory faucet – 2.75 GPM, kitchen faucet – 2.20 GPM, showerhead – 2.00 GPM, toilet – 1.3 GPF, dual flush toilet – 0.8/1.6 GPF, urinal –
1.0 GPF. Plans submitted for review shall specifically identify such fixtures and flow rates.
72. Demolition, site preparation, and construction activities are limited to the following (except for the pouring of concrete which may occur as needed):
a. Weekdays and federal holidays: 7:00 a.m. to 7:00 p.m.; b. Saturday: 9:00 a.m. - 6:00 p.m.; and
c. Sundays: not allowed
Standard Conditions – General:
73. As provided in Section 21.21.406 of the Long Beach Municipal Code, every right or privilege authorized under this permit shall terminate three (3) years after the granting of the request and be of no further force and effect if the right or privilege has not been commenced within that three-year period. The termination will take effect without further City action if a timely request for extension of time has not been made or is denied. Any interruption or cessation necessitated by publicly declared emergency, fire, flood, earthquake or act of war or vandalism or cessation shall not result in the termination of the right or privilege.
74. This permit shall be invalid if the owner(s) and/or Permittee(s) have failed to return written acknowledgment of their acceptance of the conditions of approval on the Conditions of Approval Acknowledgment Form supplied by the Planning Bureau. This acknowledgment shall be submitted within 30 days from the effective date of approval (final action date or, if in the appealable area of the Coastal Zone, 21 days after the local final action date).
Conditions of Approval
712 Baker St. (Integral Communities/Oil Operators site) Application No. 2003-24 (SPR20-007, VTTM20-002, ZCHG20-002, DA20-001, LLA21-005, GPC21-003) November 15, 2022 (City Council)
75. This approval is required to comply with these conditions of approval as long as the use is on the subject site. As such, the site shall allow periodic re-inspections, at the discretion of city officials, to verify compliance. The property owner shall reimburse the City for the inspection cost as per the special building inspection specifications established by City Council (Sec. 21.25.412, 21.25.212).
76. In the event of transfer of ownership of the property involved in this application, the new owner shall be fully informed of the permitted use and development of said property as set forth by this permit together with all conditions that are a part thereof. These specific requirements shall be recorded with all title conveyance documents at time of closing escrow.
77. Approval of this development project is expressly conditioned upon payment (prior to building permit issuance or prior to Certificate of Occupancy, as specified in the applicable Ordinance or Resolution for the specific fee) of impact fees, connection fees and other similar fees based upon additional facilities needed to accommodate new development at established City service level standards, including, but not limited to, sewer capacity charges, Park Fees and Transportation Impact Fees.
78. No publicly accessible telephones shall be maintained on the exterior of the premises. Any existing publicly accessible telephones shall be removed.
79. The property shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants.
80. The operator of the approved use shall prevent loitering in all parking and landscaping areas serving the use during and after hours of operation. The operator shall clean the parking and landscaping areas of trash and debris on a daily basis. Failure to do so shall be grounds for permit revocation. If loitering problems develop, the Director of Development Services may require additional preventative measures such as but not limited to, additional lighting or private security guards.
81. Exterior security bars and roll-up doors applied to windows and pedestrian building entrances shall be prohibited.
82. Any graffiti found on site shall be removed within 24 hours of its appearance.
83. All required utility easements shall be provided to the satisfaction of the concerned department, agency, or utility company.
84. All trash and refuse containers shall be fully screened from public view to the satisfaction of the Director of Development Services.
85. As a condition of any City approval, the applicant shall defend, indemnify, and hold harmless City and its agents, officers, and employees from any claim, action, or proceeding against City or its agents, officers, and employees to attack, set aside, void, or annul the approval of City concerning the processing of the proposal/entitlement or any action relating to, or arising out of, such approval. At the discretion of the City and with the approval of the City Attorney, a deposit of funds by the applicant may be required in an amount sufficient to cover the anticipated litigation costs.
Attachment H
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Recording Requested by And
When Recorded Return to:
City of Long Beach
411 W Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Attn: Scott Kinsey
[Exempt From Recording Fee Per Gov. Code §6103]
DEVELOPMENT AGREEMENT
(River Park)
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of this ____ day of __________, 2022, pursuant to an action taken by the City Council of the City of Long Beach at its meeting held on ___________________, 2022, by and among the City of Long Beach, a California municipal corporation (“City”), and The River Park Project Owner, LLC, a Delaware limited liability company (“Owner”). City and Owner hereafter are referred to collectively as the “Parties” and individually as a “Party.”
RECITALS
1. City is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property pursuant to Article 2.5 of Chapter 4 of Division I of Title 7 of the California Government Code commencing with Section 65864 (the “Development Agreement Law”), and Article XI, Section 7 of the California Constitution.
2. City has enacted an ordinance, incorporated into the Long Beach Municipal Code as Title 21, Chapter 21.29 that establishes the procedures and requirements for its consideration of such development agreements upon application by, or on behalf of, persons having legal or equitable interests in real property pursuant to the Development Agreement Law and applicable City General and Specific Plans, policies and regulations.
3. Owner represents that it has an equitable interest in approximately twenty (20) acres of undeveloped real property in Long Beach, as more specifically described in Exhibit “A” (the “Subject Property”).
4. Owner has proposed a project for the Subject Property consisting of approximately 226 residential units, as well as a clubhouse, recreation area, publicly-accessible park, and pool area (the “Project”), which requires a zone change, vesting tentative tract map, street vacation, general plan conformity certification, lot line adjustment, and site plan review. The impacts of Attachment I
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the Project have been fully analyzed by the Long Beach River Park Residential Project Environmental Impact Report (SCH #2021020492). On ________, the Planning Commission of City, at a duly noticed public hearing, recommended, in Resolution _____, that the City Council certify the EIR (SCH #2021020492). The Planning Commission also recommended that the City Council approve the Project’s vesting tentative tract map, street vacation, site plan, and other associated approvals in Resolution _____.
5. On ________, the City Council of City, at a duly noticed public hearing, adopted Resolution _____ certifying the Final Environmental Impact Report, SCH #2021020492 (the “Final EIR”) for the Project and the related Mitigation Monitoring and Reporting Program and also adopted Resolution No. _______ (“Project Approvals”).
6. The Parties concur that all of the requirements of the California Environmental Quality Act, contained in Division 13 of the California Public Resources Code, commencing with Section 21000, and implemented by the Guidelines contained in Chapter 3 of Title 14, commencing with Section 15000, of the California Code of Regulations (“CEQA”) have been satisfied with respect to the Project.
7. On ______, after a duly noticed public hearing held pursuant to the Development Agreement Law and City’s Municipal Code, the City Council of City approved the introduction of Ordinance No. _____ (the “Enacting Ordinance”) that would approve and adopt this Agreement and authorize its execution on behalf of City. On ________ the City Council of City adopted the Enacting Ordinance.
8. The Parties intend that Owner will be permitted to proceed with development of the Subject Property pursuant to the Existing Land Use Regulations and Existing Development Approvals in existence on the Effective Date; provided, however, that the Parties also understand that new or different regulations and other requirements for development of the Subject Property may be imposed by laws or regulations of the Federal and/or State governments and/or various regional governmental agencies or entities with regulatory jurisdiction over aspects of the Project or Subject Property, all of which may, or may not, supersede the provisions of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owner agree as follows:
ARTICLE I. DEFINITIONS.
The following terms when used in this Agreement shall, unless defined elsewhere in this Agreement, have the meanings set forth below:
1.1 The term “Agreement” shall mean this Development Agreement by and between City and Owner and any subsequent amendments.
1.2 The term “City” shall mean the City of Long Beach, a municipal corporation, organized and existing under the laws of the State of California. -3-
1.3 The term “City Council” shall mean the governing body of City.
1.4 The term “Development” shall mean the improvement of the Subject Property for the purposes of completing the structures, improvements and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure related to the Project whether located within or outside the Subject Property; the construction of buildings and structures, and the installation of landscaping and public facilities and improvements. “Development” also includes the maintenance, repair, reconstruction, modification, or redevelopment of any building, structure, improvement, landscaping, or facility after the construction and completion thereof on the Subject Property. Attached hereto as Exhibit “B” is a copy of the approved site plan for the Development of the Subject Property.
1.5 The term “Development Director” shall mean City’s Director of Development Services, or designee.
1.6 The term “Development Plan” shall mean the existing plan for Development of the Subject Property, which includes all of the plans, specifications, and conditions of approval for Owner’s entitlement for Development of the Subject Property, the planning and zoning standards, regulations, and criteria for the Development of the Subject Property, including those set forth in this Agreement.
1.7 The term “Development Requirement” shall mean any requirement of City in connection with or pursuant to any Existing Development Approvals for the construction or improvement of public facilities, the payment of fees or assessments in order to lessen, offset, mitigate or compensate for the impacts of Development on the environment, or the advancement of the public interest.
1.8 The term “Effective Date” means the later of (i) the date on which the Adopting Ordinance becomes effective, typically thirty (30) days after the second reading of the Adopting Ordinance, or (ii) the date this Agreement is recorded in the records of the Los Angeles County Recorder following the date the Owner acquires fee simple title to the Subject Property (the “Closing”).
1.9 The term “Existing Development Approvals” shall mean any and all permits, licenses, consents, rights and privileges, and other actions approved or issued by City in connection with Development of the Subject Property on or before the Effective Date, including but not limited to, zone changes and other legislative approvals, site plans, parcel maps and tentative tract maps, infrastructure improvement plans, approval of a community facilities district, and grading and building-related permits, as well as all associated environmental documentation and mitigation measures pursuant to the California Environmental Quality Act.
1.10 The term “Existing Land Use Regulations” shall mean all ordinances, resolutions, codes, rules, regulations and official policies of City, including but not limited to City’s development impact fees, adopted and effective on or before the Effective Date governing Development and use of the Subject Property, including but not limited to the permitted use of land, the density or intensity of use, the maximum height and size of proposed buildings, and the -4-
architectural design, improvement and construction standards and specifications applicable to the Development of the Subject Property including but not limited to, the Development Plan.
1.11 The term “Mortgagee” shall mean a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security device, a lender, or each of their respective successors and assigns.
1.12 The term “Owner” shall mean The River Park Owner, LLC, a Delaware limited liability company and/or its successors or assigns to any portion of or all of the Subject Property.
1.13 The term “Project” shall mean the Development of the Subject Property as an approximately 226-unit residential development with a clubhouse, recreation area, publiclyaccessible park, and pool area pursuant to and consistent with the Development Plan and the provisions of this Agreement.
1.14 The term “Site Plan” shall mean the site plan attached hereto as Exhibit “B”.
1.15 The term “Subject Property” shall mean that certain real property more particularly described in Exhibit “A” attached hereto.
1.16 The term “Subsequent Development Approvals” shall mean any and all permits, licenses, consents, rights and privileges, and other actions approved or issued by City in connection with Development of the Subject Property after the Effective Date.
1.17 The term “Subsequent Land Use Regulations” shall mean any ordinances, resolutions, codes, rules, regulations and official policies of City adopted and effective after the Effective Date.
1.18 The term “Term” shall mean the period of time during which this Agreement shall be in effect and bind the Parties, as set forth in Section 3.4 of this Agreement, unless earlier terminated as provided in this Agreement.
ARTICLE 2. EXHIBITS.
The following documents are attached to, and by this reference made a part of, this Agreement:
Exhibit “A” Legal Description of the Subject Property
Exhibit “B” Approved Site Plan and Elevations for the Project Exhibit “C” List of Permitted Assignees
Exhibit “D” Assignment and Assumption Agreement
Exhibit “E” Release of Development Agreement
Exhibit “F” City of Long Beach Impact Fee Schedule
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Exhibit “G” Certificate of Compliance with Development Agreement ARTICLE 3. GENERAL PROVISIONS.
3.1 Binding Effect of Agreement. From and following the Effective Date, Development of the Subject Property and City’s actions on applications for Subsequent Development Approvals shall be subject to the terms and conditions of this Agreement.
3.2 Ownership of Subject Property. City and Owner acknowledge and agree that Owner has the requisite legal or equitable interest in the Subject Property, and thus Owner is qualified to enter into and be a party to this Agreement in accordance with Government Code Section 65865(b).
3.3 Assignment Rights. Owner shall have the right to sell, transfer, or assign the Subject Property in whole or in part (provided that no such parcel transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) and the rights and obligations under this Agreement to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement (collectively, “Assignment”); so long as (i) the assignee is an entity on the list attached hereto as Exhibit “C”, as the same may be amended from time to time during the term of this Agreement with the concurrence of the Director of Development Services, and (ii) any such sale, transfer or assignment shall include an assignment and assumption of the rights, duties and obligations arising under or from this Agreement in form and substance reasonably similar to the form attached hereto as Exhibit “D”. Any proposed assignee that does not satisfy clause (i), above, must first be reasonably approved by City after review by City of assignee’s certified financial statements and any other documents City may request pertaining to the proposed assignee’s ability to meet its obligations hereunder.
3.3.1 Release of Transferring Owner. Notwithstanding any Assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions:
(a) Owner no longer has a legal or equitable interest in all or any part of the Subject Property;
(b) Owner is not then in default under this Agreement; and (c) The assignee provides City with security equivalent to any security previously provided by Owner to secure performance of its obligations hereunder.
3.3.2 Subsequent Assignment. Any subsequent Assignment after an initial Assignment shall be made only in accordance with and subject to the terms and conditions of this Agreement.
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3.3.3 Partial Release of Purchaser, Transferee or Assignee of Parcel. A purchaser, transferee or assignee of a lot which has been finally subdivided and for which a site plan for development of the lot has been finally approved (a “Parcel”) may submit a request, in writing, to City to release said lot from the obligations under this Agreement by executing a form of Release of Development Agreement attached hereto as Exhibit “E.” Within thirty (30) days following such request, City shall review, and if the conditions contained in Section 3.3.1 are satisfied, shall execute and deliver to the purchaser, transferee or assignee the appropriate form of Release. No such release approved pursuant to this Section 3.3.3 shall cause, or otherwise effect, a release of Owner from its duties and obligations under this Agreement.
3.3.4 Termination of Agreement With Respect to Individual Parcels upon Sale to Public and Completion of Construction. The provisions of Section 3.3 shall not apply to the sale or lease (for a period longer than one year) of any Parcel which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to such Parcel and such Parcel shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The Parcel has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A final inspection card has been issued for a building on the Parcel, and the fees set forth under this Agreement have been paid.
For purposes of this Section 3.3.4, a transfer shall be deemed to be “in bulk” if it involves the conveyance of more than one Parcel and the transferee will not be the ultimate user of the Parcels. Notwithstanding the foregoing, Owner acknowledges that, unless and until an assignment of the Subject Property has occurred pursuant to Section 3.3 of this Agreement, Owner is responsible for (i) ensuring the completion of all Project conditions and (ii) the payment of all applicable fees to the extent any conditions are not satisfied or any fees remain unpaid following the transfer or development of a parcel.
3.4 Term. Unless earlier terminated as provided in this Agreement, this Agreement shall continue in full force and effect until the earlier of (i) the date of completion of the last portion of the Development, or (ii) the date that is ten (10) years from and after the Effective Date.
3.5 Waiver of Estoppel Defenses by City. Notwithstanding any legal authorities to the contrary concerning the doctrines of waiver and estoppel as applied to public entities and the actions or inactions of public agencies or public agency officers and officials, City acknowledges and agrees that Owner and its successors and assigns to all or any interest in the Subject Property is relying upon the contents of this Agreement and City’s execution of this Agreement and the recordation hereof, and that in consideration of such material reliance, City shall now and forever be estopped from denying the validity of this Agreement and City knowingly and expressly waives any such claim or defense.
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3.6 No Obligations to Proceed with Project. Nothing in this Agreement shall obligate Owner to proceed with any part of or the entirety of the Project. Owner maintains sole and absolute discretion over whether to commence and/or complete any portion of the Project or the Project in its entirety and nothing in this Agreement shall be construed to impose upon Owner an obligation to commence the construction of and/or complete the Project.
ARTICLE 4. DEVELOPMENT OF THE SUBJECT PROPERTY
4.1 Vested Right to Develop. Subject to and during the term of this Agreement, Owner shall have a vested right to develop the Subject Property in accordance with the Development Plan and this Agreement.
4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Subject Property, the density and intensity of use of the Subject Property, the maximum height and size of proposed buildings, and the design, improvement, and construction standards and specifications applicable to Development of the Subject Property, shall be only the Existing Land Use Regulations and those contained in the Development Plan.
4.3 Subsequent Development Approvals / Minor Modifications. To the extent applicable, City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the manner applicable to other residential property developments. City further agrees that, unless otherwise requested by Owner and provided that this Agreement has not terminated due to Owner default, City shall not amend or rescind any Subsequent Development Approvals respecting the Subject Property after such approvals have been granted by City. City agrees to allow modifications to the type, mix and layout of the Project’s 226 residential units (“Minor Modifications”) with approval from the Development Director. City further agrees to allow modifications to the Project’s Site Plan with approval from the Development Director, provided that all modifications are in substantial conformance with the approved Site Plan attached to this Agreement as Exhibit “B”. The modifications described in this Section 4.3 shall not require approval by the Planning Commission or the City Council.
4.4 Timing of Development. The Parties acknowledge that Owner cannot at this time predict when or the rate at which phases of the Subject Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation of demand, interest rates, absorption, completion and other similar factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 455, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ intent to cure that deficiency by expressly acknowledging and providing that Owner shall have the right to develop the Subject Property, or to not develop the Subject Property, in such order and such rate and at such time as Owner deems appropriate within the exercise of its subjective business judgment in its sole and absolute discretion. In addition, to the extent Owner or its assignee decide to proceed with a phase of the development of the Subject Property, City shall cooperate with Owner or its assignee with respect to the phasing of the development of the Subject Property.
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4.5 Terms of Maps and Other Project Approvals. Pursuant to California Government Code Sections 66452.6(1) and 65863.9, any subdivision or parcel map may be processed on all or any portion of the Subject Property and the term of each of the development approvals, including the Tentative Map and any future approvals, shall be extended for a period of time through the scheduled termination date of this Agreement, as set forth above.
4.6 Changes and Amendments. The Parties acknowledge that although Development of the Project may require Subsequent Development Approvals, such Development shall be in compliance with the Development Plan. The above notwithstanding, Owner may determine that changes are appropriate and desirable in the existing Development Approvals or Development Plan. In the event Owner finds that such a change is appropriate or desirable, Owner may apply in writing for an amendment to prior Development Approvals or the Development Plan to effectuate such change. The Parties acknowledge that City shall be permitted to use its sole and absolute discretion in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing, City shall not apply a standard to Owner that is less favorable or different than applied by City to any other residential property developments. In addition, the Parties acknowledge and agree any modification to the Development that does not meet the thresholds set forth in 14 Cal. Code of Regs. Section 15162 shall be deemed to be a minor modification and shall not require any subsequent environmental review. Any change in the Development Approvals or Development Plan made pursuant to Owner’s application and deemed a material change by City, shall require an amendment to this Agreement. Any such amendment shall be solely for the purpose of acknowledging the change to the Development Approvals or Development Plan, as the case may be.
4.7 Reservation of Authority.
4.7.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development of the Subject Property:
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure. (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, and also adopted by City as Subsequent Land Use Regulations. (d) Regulations that are not in conflict with the Development Plan and this Agreement and do not impede the Development, or add to the cost of the Development of the Project.
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(e) Regulations that are in conflict with the Development Plan provided Owner has given written consent to the application of such regulations to Development of the Subject Property at Owner’s sole and absolute discretion. (f) Federal, state, county, and multi-jurisdictional laws and regulations which City is required to enforce against the Subject Property or the Development of the Subject Property.
(g) Payment of development impact fees in effect at the time that certificates of occupancy are issued for the development or any portion thereof, except all of City’s impact fees related to transportation, sewer, police, fire and public safety will be calculated based on the impact fees in effect as of the Effective Date, as more particularly described in Exhibit “F.”
4.7.2 Future Discretion of City. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.
4.7.3 Modification or Suspension by Federal, State, County, or MultiJurisdictional Law. In the event that federal, state, county, or multi-jurisdictional laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, state, county, or multi-jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce.
4.8 Future Voter Actions. It is the intent of the Parties that future voter actions adopting Subsequent Land Use Regulations shall not apply to the Project unless such voter actions promote, advance, or otherwise further the intent and expeditious development of the Project pursuant to and consistent with the terms and conditions of this Agreement.
4.9 Financing District Formation. City and Owner agree to cooperate in the formation of a financing district in order to finance, at Owner’s sole election, some or all of certain improvements and obligations required of Owner pursuant to the Existing Development Approvals and this Agreement.
4.10 Conditions of Approval. Owner shall comply with the Project conditions of approval.
4.11 Covenants, Conditions and Restrictions. Owner agrees to declare Covenants, Conditions and Restrictions (“CC&Rs”) applicable to the entire Project, which will be administered by a Homeowners Association (“HOA”) to be established by Owner.
4.12 Payment of Impact Fees. Los Angeles County and School Developer Fees and the Long Beach Water Department’s Sewer Capacity Fee are due and payable prior to the issuance -10-
of a building permit in connection with the Project. The City’s applicable developer impact fees are due and payable prior to final building inspection or issuance of a certificate of occupancy, whichever comes first.
4.13 Affordable Housing. Owner or its assignee shall provide either (i) no less than five percent (5%) of the total housing units for very low income households as defined in Section 50105 of the California Health & Safety Code, or (ii) no less than ten percent (10%) of the total housing units for lower income households as defined in Section 50079.5 of the California Health & Safety Code.
ARTICLE 5. PUBLIC BENEFITS
5.1 Vacation of Baker Street Right of Way. The Owner has applied for the vacation of Baker Street west of the prolongation of the western right of way line of Golden Avenue to the eastern edge of the Los Angeles County Flood Control District-owned parcel located immediately to the west of the Subject Property (the “District Parcel”). City staff shall consider the vacation of Baker Street concurrently with its consideration of the Project Approvals.
5.1.1 Maintenance Access Agreements. The Owner or its assignee shall grant maintenance access easements to (i) the Los Angeles County Flood Control District (“District”); (ii) the Los Angeles County Department of Public Works (“County”), (iii) the City, and (iv) any franchisees, utility owners, or other similar owners of property rights in or under the vacated portions of Baker Street (collectively, the “Baker Street Licensees”). The maintenance access easements shall respectively allow (i) the District, the County and the City access to the District Parcel to the west, and (ii) the Baker Street Licensees access to the vacated portions of Baker Street.
5.1.2 Public Access Agreements. The Owner or its assignee shall grant a public access easement of sufficient width for pedestrian and bicycle access from Golden Avenue to the western line of the Subject Property for the purpose of connecting public right-of-way to the east of the Subject Property to the Los Angeles River Trail.
5.1.3 Lot Line Adjustment. If necessary to satisfy Subdivision Map Act requirements, the City shall process a Lot Line Adjustment on two Los Angeles County Flood Control-owned parcels to move the southerly lot line of parcel no. 7203-001-900/northerly lot line of parcel no. 7203-001-901 to the south to align with the westerly prolongation of the southern edge of the 34th Street ROW (based upon that segment of 34th St. directly east of said parcels), for the purpose of allowing public street access directly to parcel no. 7203-001-900 and avoid land locking parcel no. 7203-001-900 through the vacation of Baker Street.
5.2 Vacation of Wardlow Road Right of Way. The Owner has applied for the vacation of the unused Wardlow Road right of way adjacent to the southwest of the Subject Property per the specifications set forth by the City’s Public Works Department and as shown on the Site Plan. City staff shall consider the vacation of the Wardlow right of way concurrently with its consideration of the Project Approvals. This real property shall be added to the Subject Property in order to meet building setback requirements, and City shall execute a quitclaim deed in favor of -11-
Developer or such other documents as may be reasonably necessary to evidence ownership of such property by Developer.
5.3 Traffic Signal. Following the City’s issuance of the first building permit to Owner or its assignee, the Owner or its assignee shall install a traffic signal and related right-of-way reconfigurations at the Project driveway at Wardlow Road to the specifications issued by the City Traffic Engineer. Such traffic signal and related reconfigurations and improvements shall be installed and operational prior to the issuance of the first certificate of occupancy for the Project. . In addition, Owner or its assignee shall bear full cost of plans, permits, and installation. Prior to the installation of the traffic signal, any Project driveway on Wardlow Road shall be barricaded at all times to prevent use, and all construction and employee traffic shall be routed to the Subject Property using other roads. Construction and hauling traffic routes shall be approved by the City Traffic Engineer prior to usage.
5.4 Publicly-Accessible Park on Private Land. The Owner or its assignee shall improve the northern approximately five (5) acres of the Subject Property north of Baker Street as a publicly-accessible park subject to the following:
(a) The park shall be open to the public in perpetuity at times reasonably established by the City.
(b) The park shall be developed and maintained in such a way as to appear to be a seamless extension of the City’s Baker Street Park, which abuts the site to the east. (c) Parks, Recreation, and Marine (“PRM”) to advise regarding the planning of the park at Owner or its assignee’s expense, and Owner or its assignee shall be responsible for preparing all plans and procuring all permits, if any, to the satisfaction of Directors of Development Services and PRM.
(d) The Owner or its assignee shall complete park infrastructure at or prior to the completion of the infrastructure for the other portions of the Project. The park shall be roughly 50% complete on or before the issuance of the 45th residential building permit, and the Owner or its assignee shall construct the park to completion, and such park shall have been approved by PRM, no later than the issuance of the 90th residential building permit. (e) The Owner or its assignee shall commence grading for the park concurrently with the grading of the residential development.
(f) Upon completion of the park and its improvements, the HOA established for the residential development shall provide for the on-going maintenance of the privately-owned park in perpetuity to the standards required for City parks and this requirement shall be part of the residential development’s CC&Rs.
(g) The Owner, its assignee, and/or the HOA shall not be responsible for any maintenance of the City-owned portion of Baker Street Park. The Owner, its assignee, and the HOA shall not have any liability whatsoever for the City-owned portion of Baker Street Park. -12-
(h) The Owner or its assignee shall construct a restroom at the City-owned portion of Baker Street Park to PRM specifications. The City shall be responsible for the maintenance of the restroom.
5.5 Wrigley Heights Dog Park. The Owner or its assignee shall make improvements to the Wrigley Heights Dog Park, which adjoins the development site to the southeast. The improvements shall include benches, trash cans, signs, drinking fountains, and message boards in the park, replacement of the fence adjacent to the residential development, installation of a gate between the residential development and the dog park, and installation of a new fence within the dog park creating separate areas for large dogs and small dogs, as specified by the Director of Parks, Recreation, and Marine. The Owner or its assignee shall work cooperatively with the City to prepare the necessary plans and the procurement of necessary permits, if any.
5.6 Remediation of Contamination. The Owner or its assignee shall obtain a No Further Action (NFA) Letter (or equivalent concurrence) from the Los Angeles Regional Water Quality Control Board (RWQCB) covering the Subject Property, or the final portion thereof not covered by previous letters of no further action, prior to residential occupancy of any dwelling unit or opening of the park to any user. The HOA shall be responsible for the ongoing maintenance of the sludge pits/bioswales/biofiltration areas in perpetuity (or until the RWQCB issues an NFA status for those areas); this shall be recorded in the CC&Rs. Preceding references to the RWQCB shall also mean the Department of Toxic Substance Control (DTSC) if the RWQCB specifies that the Department of Toxic Substance Control (DTSC) shall oversee or approve part or all of any required remediation, or otherwise be responsible for issuance of an NFA.
5.7 Right of Way Improvements. The Owner or its assignee shall construct all of the public improvements identified in the technical advisory committee comments applicable to the Project dated June 27, 2022, each to City Public Works specifications.
ARTICLE 6. REVIEW FOR COMPLIANCE
6.1 Periodic Review. The City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by Owner with the terms of this Agreement. As part of that review, Owner shall submit an annual monitoring review statement describing its actions in compliance with this Agreement, in a form acceptable to the Development Director or his/her authorized designee, at least thirty (30) days prior to each anniversary of the Effective Date. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of this Agreement during the succeeding year. The amount of the annual review and administration fee shall be set by resolution of the City Council. No failure on part of City to conduct or complete the review as provided herein shall have any impact on the validity of this Agreement.
6.2 Special Review. The City Council may, in its sole and absolute discretion, order a special review of compliance with this Agreement at any time at City’s sole cost. Owner shall cooperate with City in the conduct of such special reviews. -13-
6.3 Procedure. Each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with this Agreement, to explain the basis for such assertion, and to receive from the other Party a justification of its position on such matters.
6.3.1 If on the basis of the Parties’ review of any terms of this Agreement, either Party concludes that the other Party has not complied in good faith with the terms of this Agreement, then such Party may issue a written “Notice of Non-Compliance” specifying the grounds therefor and all facts demonstrating such non-compliance.
6.3.2 The Party receiving a Notice of Non-Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Non-Compliance, or if such cure or remedy is not reasonably capable of being completed within such thirty (30) days period, to commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion.
6.3.3 If the Party receiving the Notice of Non-Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice of Non-Compliance within thirty (30) days after receipt of the Notice.
6.3.4 If the response to the Notice of Non-Compliance has not been received in the offices of the Party alleging the non-compliance within the prescribed time period, the Notice of Non-Compliance shall be presumed to be valid unless good cause exists for not responding within the time period.
6.3.5 If a Notice of Non-Compliance is contested, the Parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice of Non-Compliance. In the event that a cure or remedy is not timely effected or, if the Notice of Non-Compliance is contested and the Parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Article 6 of this Agreement.
6.3.6 Neither Party hereto shall be deemed in breach if the reason for noncompliance is due to a “force majeure” as defined in, and subject to the provisions of, Section 12.9.
6.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Compliance with Development Agreement in the form attached hereto as Exhibit “G” (“Certificate”) to Owner stating that after the most recent periodic or special review and based upon the information known or made known to the City Council that (1) this Agreement remains in effect and that (2) Owner is in compliance. The Certificate, whether issued after a Periodic or Special Review, shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state that the Certificate expires upon the earlier of (i) one (1) year from the date thereof, or (ii) the date of recordation of a notice of termination of development agreement. Owner may record the Certificate with the County Recorder. Additionally, Owner may at any time request from City a -14-
Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Subject Property, or any lot or parcel within the Subject Property.
ARTICLE 7. DEFAULT AND REMEDIES
7.1 Specific Performance Available. The Parties acknowledge and agree that specific performance is the preferred remedy available for the enforcement of this Agreement. However, nothing in the foregoing shall be construed to constitute a waiver of the right to obtain monetary damages from the other Party by reason of default of this Agreement. Subject to the cure rights set forth in Section 6.3, any material default by Owner or City of this Agreement or any of the conditions of approval of any of the Development Approvals that is not timely cured by Owner or City shall be deemed a material default by Owner or City of this Agreement.
7.2 Termination of this Agreement.
7.2.1 Termination of Agreement for Default of Owner. City may terminate this Agreement for any failure of Owner to perform any duty or obligation of Owner hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default” or “breach”); provided, however, City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 6.3.
7.2.2 Termination of Agreement for Default of City. Owner may terminate this Agreement for any default by City; provided, however, Owner may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 6.3 and thereafter providing written notice by Owner to City of the default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, the failure of City to cure such default within thirty (30) days after the effective date of such notice or, in the event that such default cannot be cured within such thirty (30) day period, the failure of City to commence to cure such default within such thirty (30) day period and to diligently proceed to complete such actions and to cure such default.
7.2.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, or (iii) restoration of any portion of the Subject Property owned by City to its general condition prior to the Effective Date.
7.3 Institution of Legal Action. Subject to notice of default and opportunity to cure under Section 6.3, in addition to any other rights or remedies, any Party to this Agreement may institute legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent with this Agreement. If a legal action or proceeding is brought by any Party to this Agreement because of default, or to enforce a provision hereof, the prevailing Party shall be entitled to reimbursement of all costs and expenses, including attorneys’ fees, incurred in prosecuting such legal action or proceeding. This provision is separate and severable, and shall survive the merger of this Agreement into any judgment on this Agreement. -15-
ARTICLE 8. THIRD PARTY LITIGATION
The City shall promptly notify Owner of any claim, action, or proceeding filed and served against the City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. Owner agrees to fully defend and indemnify the City for all costs of defense and/or judgment obtained in any such action or proceeding. This indemnification clause shall only apply if Owner approves of the selection of defense counsel for the City, which approval shall not unreasonably be withheld. The City and Owner agree to cooperate in the defense of such action(s).
ARTICLE 9. MORTGAGEE PROTECTION
9.1 The Parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Subject Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Subject Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, City will not unreasonably withhold its consent to any such requested interpretation or modification provided City determines such interpretation or modification is consistent with the intent and purposes of this Agreement.
9.2 Any Mortgagee of the Subject Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Subject Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Subject Property, or any part thereof, which Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner’s obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such Party under this Agreement, or (ii) thirty (30) days.
(d) Any Mortgagee who comes into possession of the Subject Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner’s obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance; except that (i) to the -16-
extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Subject Property acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Subject Property or such part thereof so acquired by the Mortgagee.
ARTICLE 10. INDEMNITY
Owner agrees to and shall indemnify, defend, and hold harmless City and City’s officers, officials, members, employees, agents, and representatives (collectively, “Indemnified Parties”), from and against any and all claims, liabilities, damages, and losses, including without limitation reasonable attorneys’ fees and litigation expenses, including court courts and expert witness fees (collectively, “Claims”), due to the death or personal injury of any person, or physical damage to any person’s real or personal property, caused by the construction of improvements by, or construction-related activities of, Owner or Owner’s employees, agents, representatives, servants, invitees, consultants, contractors, or subcontractors (collectively, “Owner’s Representatives”) on the Subject Property, or for any construction defects in any improvements constructed by Owner or Owner’s Representatives on the Subject Property or for any other work related to this Agreement; provided, however, that the foregoing indemnification shall not apply to the extent such Claims are proximately caused by the negligence or willful misconduct of City, or City’s officers, officials, members, employees, agents, or representatives, subject to any immunities which may apply to City with respect to such Claims. The foregoing indemnification provision shall survive the termination of this Agreement.
ARTICLE 11. COMPLIANCE WITH APPLICABLE LAW
11.1 Compliance with Laws. Owner shall cause all work performed in connection with construction of the Project to be performed in compliance with (a) all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of Section 1770, et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. Owner shall indemnify, defend and hold the Indemnified Parties harmless from any and all Claims based upon or arising from the failure of any work related to the Project to comply with all such applicable legal requirements, including, without limitation, any such Claims that may be asserted against or incurred by any of the Indemnified Parties with respect to or in any way arising from the Project’s compliance with or failure to comply with applicable laws, including all federal and state labor requirements including, without limitation, the requirements of California Labor Code Section 1770, et seq.
11.2 Public Works. Owner agrees that all public work (as defined in California Labor Code Section 1720) performed pursuant to this Agreement (the “Public Work”) shall comply with the requirements of California Labor Code Section 1770, et seq. City makes no representation or -17-
statement that the Project, or any portion thereof, is or is not a “public work” as defined in California Labor Code Section 1720.
11.3 Public Work Contracts. In all bid specifications, contracts and subcontracts for any Public Work, Owner (or its general contractor, in the case of subcontracts) shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The contractor expressly agrees to comply with the penalty provisions of California Labor Code Section 1775 and the payroll record keeping requirements of California Labor Code Section 1771.” This Article 11 shall survive the termination of this Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS
12.1 Recordation of Agreement. A fully-executed original of this Agreement shall be deposited into Escrow directing that this Agreement shall be recorded immediately after recordation of the grant or other deed to Owner by which Owner acquires the Property. Pursuant to Government Code Section 65868.5, upon recordation, the burdens of this Agreement and each of its provisions shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties. Any amendments to this Agreement approved by the Parties, and any cancellation hereof, shall be similarly recorded.
12.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
12.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall be deemed to be severable from the remaining provisions contained within this Agreement. The Parties hereby state and acknowledge they would have adopted each provision contained within this Agreement notwithstanding the presence of an invalid provision.
12.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.
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12.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
12.6 Singular and Plural. As used herein, the singular of any word includes the plural.
12.7 Waiver. Failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
12.8 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
12.9 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, the acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control (including the Party’s employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.
12.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.
12.11 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
12.12 Litigation. Any action at law or in equity arising under this Agreement or brought by any Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
Service of process on City shall be made in accordance with California law. Service of process on Owner shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Owner seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorney’s fees.
12.13 Covenant Not To Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any -19-
other Party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable.
12.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the Development of the Subject Property is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the Development of private property, on the one hand, and the holder of a legal or equitable interest in such property and as future holder of fee title to such property, on the other hand.
12.15 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
12.16 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both Parties specifically approving the amendment and in accordance with the Government Code Section 65868. The Parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non-material modifications may be approved by the City Manager in consultation with the City Attorney.
12.18 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound.
12.19 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time to time designate in writing:
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To City: City of Long Beach
411 W Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Attn: Development Services Director
City of Long Beach
411 W Ocean Blvd., 9th Floor
Long Beach, CA 90802
Attn: City Attorney
To Owner: The River Park Project Owner, LLC
888 San Clemente, Suite 100
Newport Beach, CA 92660
Attn: John Stanek and Caren Read
Copy to: John A. Ramirez
Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Phone: 714-662-4610
Fax: 714-546-9035
12.20 Nonliability of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative.
12.21 No Brokers. City and Owner represent and warrant to the other that neither has employed any broker and/or finder to represent its interest in this transaction. Each Party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorney’s fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder’s fee in connection with this Agreement arising out of agreements by the indemnifying Party to pay any commission or finder’s fee.
[end – signature page follows]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above.
City:
CITY OF LONG BEACH
By
Thomas B. Modica
City Manager, City of Long Beach
Owner:
THE RIVER PARK PROJECT OWNER, LLC, a
Delaware limited liability company
By:
John Stanek, Authorized Representative
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT “A”
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
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EXHIBIT “B”
APPROVED SITE PLAN AND ELEVATIONS
[SEE FOLLOWING PAGES]
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EXHIBIT “C”
LIST OF APPROVED TRANSFEREES/ASSIGNEES
• Lennar Homes of California, LLC.
• Lyon Living
• Landsea Homes
• DR Horton
• Pulte Group
• Taylor Morrison
• Hovnanian Enterprises
• Beazer Homes
• Tri Pointe Homes
• New Home Company
• Capital Pacific Homes
• Cal-Atlantic
• KB Home
• Meritage Homes
• Toll Brothers
• Shea Homes
• SummerHill Homes
• William Lyon Homes
• Brookfield Homes
• Olson Companies
• Woodside Homes
• Warmington Homes
• USA Properties Fund, Inc.
• St. Anton Multifamily Inc.
The foregoing includes any of their affiliates or related entities. -2-
EXHIBIT “D”
ASSIGNMENT AND ASSUMPTION AGREEMENT
[SEE FOLLOWING PAGES]
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Recording Requested by And
When Recorded Return to:
City of Long Beach
411 W Ocean Blvd.
Long Beach, CA 90802
Attn: City Clerk
APNs: _________________
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into as of ____________, 20__ by and among _____________ (“Assignor”), and ______________ (“Assignee”).
RECITALS:
A. Assignor entered into that certain Development Agreement No. _________ executed by City of Long Beach (“City”) and the Assignor on ______ and recorded on __________ (the “Development Agreement”) in the Official Records of Los Angeles, California as Document No. _______.
B. The Development Agreement vested Assignor’s rights to develop 226 residential units, (the “Project”) on real property in Long Beach, California, as more specifically described in Exhibit “A” to the Development Agreement (the “Subject Property”).
C. Section 3.3 of the Development Agreement allows Assignor to sell, transfer, or assign the Subject Property in whole or in part to any person, partnership, joint venture, firm or corporation at any time during the term of that Development Agreement, provided that any such sale, transfer or assignment includes an assignment and assumption of the rights, duties and obligations arising under or from the Development Agreement. This Agreement is intended to serve as the instrument that effects that assignment and assumption of the rights, duties and obligations arising under or from the Development Agreement, in order to comply with Section
3.3 of the Development Agreement.
D. The Assignor and Assignee have entered into a purchase and sale agreement (“Purchase Agreement”) whereby Assignor is selling all of its interest in the Subject Property to the Assignee, which is scheduled to close concurrently with the recordation of this Agreement (the “Effective Date”).
E. As part of its sale of the Subject Property, Assignor desires to assign, and Assignee desires to be assigned, all of Assignor’s interest in the Development Agreement. -4-
NOW, THEREFORE, in consideration of the foregoing recitals and for valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:
1. Assignment of Development Agreement.
(a) As of the Effective Date (as defined below), Assignor hereby transfers and assign to Assignee, all right, title and interest under the Development Agreement (“Assignment”).
The “Effective Date” shall be the date on which the Assignee acquires the Subject Property. (b) Assignor represents and warrants that it has complied in all material respects with its obligations under the Development Agreement arising prior to the Effective Date. (c) Notwithstanding Section 3.3.1 of the Development Agreement, Assignor shall remain liable to City for the full and proper performance of all the obligations under the Development Agreement only for the period prior to the Effective Date of this Agreement. (d) Assignor has not received notice of any default under the Development Agreement from the City and, to Assignor’s knowledge, neither Assignor nor the City is in default in any material respect thereunder. Assignor represents and warrants that it has not assigned any interest in the Development Agreement and that it will defend its interest under the Development Agreement. Except as stated above, and except for such representations and warranties as may expressly survive the execution of this Agreement pursuant to the terms of the Purchase Agreement, Assignor’s right, title and interest in, to and under the Development Agreement and the Subject Property covered thereby are assigned hereunder without representation or warranty of any kind or nature whatsoever, whether statutory, express or implied.
2. Assumption of Development Agreement.
(a) The undersigned Assignee (i) hereby accepts said Assignment as of the Effective Date; (ii) hereby assumes all of Assignor’s burdens and obligations under the Development Agreement from and after the Effective Date; (iii) hereby agrees to and for the benefit of City to keep, perform, and be bound by all of the terms, covenants and conditions contained in said Development Agreement on the part of the Owner therein to be kept and performed from and after the Effective Date, to all intents and purposes as though the undersigned Assignee was the original Owner thereunder; and (iv) hereby agrees to be subject to all of the terms and conditions of the Development Agreement applicable to the Subject Property, in each case to the extent that such burdens, obligations or duties arise from and after the Effective Date. (b) Pursuant to Section 3.3.1(c) of the Development Agreement, the Assignee shall provide the City with security equivalent to any security previously provided by the Assignor to secure performance of Assignee’s obligations as the Owner under the Development Agreement. (c) As between the Assignee and the Assignor, the delivery of this Agreement shall not affect, enlarge, diminish or otherwise impair any of the terms or provisions of the Purchase Agreement or the rights or obligations of the parties thereunder. In the event of a conflict between the terms and provisions of this Agreement and the terms and provisions of the Purchase Agreement, the terms and provisions of this Agreement shall govern and control. In the event of a conflict between (i) the Development Agreement and this Agreement, and/or (ii) the -5-
Development Agreement and the Purchase Agreement, the terms and provisions of the Development Agreement shall, as between the City, on the one hand, and the Assignor and Assignee, on the other hand, govern and control.
(d) The undersigned Assignee further covenants and agrees that it has examined the Subject Property and that no representation or warranties have been made by Assignor, the City or by any person or agent acting for the Assignor or the City in connection with the Subject Property. Assignee accepts the Subject Property “AS IS”. (e) On or before the Effective Date, Assignee further agrees to provide City evidence of insurance in the manner required by Article 9 of the Development Agreement. (f) Any default under this Agreement by Assignee shall be a concurrent default under the Development Agreement.
3. Development Agreement. Assignee has reviewed all of the provisions of the Development Agreement, has sought legal counsel where necessary, and fully understands all of the terms and conditions of the Development Agreement that are allocated to the Subject Property and assumed by Assignee by this Agreement.
4. No Amendment to Development Agreement. Assignor and Assignee acknowledge and agree that the Development Agreement shall continue to be in full force and effect notwithstanding the Assignment thereof with respect to the Subject Property, and shall continue to govern the rights and obligations of Assignee as the assignee of the “Owner” of the Subject Property, as provided by this Agreement and the Development Agreement.
5. Recording. This Agreement may be recorded.
6. Counterparts. This Agreement may be executed in counterparts, each of which when taken together shall constitute the one original.
[The remainder of this page intentionally left blank; signature page follows.]
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IN WITNESS WHEREOF, Assignor and Assignee have caused this Agreement to be executed as of the date first above written.
ASSIGNOR: ____________________________,
a ____________________________
By:
Name:
Its:
ASSIGNEE: ,
a
By:
Name:
Its:
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT “E”
RELEASE
[SEE FOLLOWING PAGES]
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Recording Requested by And
When Recorded Return to:
City of Long Beach
411 W Ocean Blvd.
Long Beach, CA 90802
Attn: City Clerk
APN: ______________________
______________________________________________________________________________
RELEASE OF DEVELOPMENT AGREEMENT
THIS RELEASE OF DEVELOPMENT AGREEMENT (“Release”) is dated as of _____________ ___, 20____, and is made by the City of Long Beach, a California municipal corporation (“City”), with respect to that certain Development Agreement No. _______, executed by City and ____________, a ____________ (“Owner”) on _________, which was recorded in the Official Records of Los Angeles County, California, on _____________, as Document No. __________ (the “Development Agreement”).
Initially capitalized words or terms used but not defined in this Release shall have the meanings assigned to such words or terms in the Development Agreement.
Pursuant to Section 3.3.3 of the Development Agreement, the City finds and declares that the parcel more specifically described in Exhibit “A” hereto (“Parcel”) has been finally subdivided and a site plan for development of the Parcel has been finally approved, as those terms are used in Section 3.3.3 of the Development Agreement. The City hereby finds and declares that the conditions in Section 3.3.1 of the Development Agreement have been satisfied, and the Parcel has been transferred to _____ (“Purchaser”) in compliance with the terms of that Development Agreement.
Accordingly, the City hereby fully and completely releases the Purchaser from all of the Owners’ obligations under the Development Agreement with respect to the Parcel. This Release specifically inures to the benefit of the Purchaser’s successors and assigns.
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IN WITNESS WHEREOF, City has caused this Partial Release of Development Agreement to be executed as of the day and year first above written.
CITY: CITY OF LONG BEACH, a California
municipal corporation
By: ________________________________
______, City Manager
ATTEST:
_______________________________
____________________, City Clerk
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT “F”
CITY OF LONG BEACH IMPACT FEE SCHEDULE
[SEE FOLLOWING PAGES]
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EXHIBIT “G”
CERTIFICATE OF COMPLIANCE WITH DEVELOPMENT AGREEMENT
[SEE FOLLOWING PAGES]
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Recording Requested by And
When Recorded Return to:
City of Long Beach
411 W Ocean Blvd.
Long Beach, CA 90802
Attn: City Clerk
CERTIFICATE OF COMPLIANCE WITH DEVELOPMENT AGREEMENT
This Certificate of Compliance with Development Agreement (“Certificate”) is delivered with reference to that certain Development Agreement No._______, executed by and between __________, a _____ (“Owner”) and the City of Long Beach, a California municipal corporation (“City”) on _____, and recorded with the County of Los Angeles on ___________, as Document No. _______. Section references in this Certificate relate to the Development Agreement unless stated otherwise.
This Certificate is delivered in accordance with Section 6.4 of the Development Agreement, and has been executed by an authorized officer of the City. This Certificate is delivered with respect to the time period from _____ to ____ (“Review Period”), and the date on which this certificate was executed by the City shall be referred to as the Compliance Date.
In accordance with Section 6.4 of the Development Agreement, as of the Compliance Date, after the City’s most recent [Periodic or Special] Review, which occurred during the Review Period, based upon the information known or made known to the City Council, the Development Agreement remains in effect, and the Owner is in full compliance with the development agreement.
To the best knowledge of the undersigned and the City Council, no event or circumstance has occurred that constitutes a material adverse change since the date the most recent Certificate was executed and delivered.
This Certificate shall expire the earlier of (i) one (1) year after the Compliance Date, or (ii) the date of recordation of a Notice of Termination of Development Agreement, as that term is defined in the Development Agreement.
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The undersigned and the City Council affirm that the obligations under the Development Agreement have been fully satisfied by the Owner as of the Compliance Date:
Dated: ___________, 20___.
City of Long Beach
_____________________
By:
City of Long Beach Memorandum
Working Together to Serve
Date: September 15, 2016
To: Mayor and Members of the City Council
From: Patrick H. West, City Manager?LJ
Subject: Funding Evaluation: Oil Operators, Inc., Property On May 17, 2016, the City Council requested the City Manager to identify potential funding sources for the acquisition of vacant property between Baker Street and Wardlow Road adjacent to the Los Angeles River (Subject Property), owned by Oil Operators, Inc., for public purpose and return findings to the City Council. Following the City Council's action, and based on best estimates as of September 2016, which range from $17 to $22 million for acquisition and approximately $10 million for cleanup activities, the City evaluated a wide range of potential funding sources to fund acquisition and cleanup of the Subject Property. These potential funding sources, as well as staff's findings, are outlined below:
Property Acquisition
California Department of Parks and Recreation
Habitat Conservation Fund Grant
http://www.parks.ca.gov/?page id=21361
The Office of Grants and Local Services (OGALS) administers the state-funded Habitat Conservation Fund grant program, which allocates approximately $2 million each year to cities, counties, and districts for nature interpretation programs, protection of various plant and animal species, and acquisition and development of wildlife corridors and trails. This program requires a 50 percent match from grantees.
Evaluation: Given that the Habitat Conservation grant program seeks to provide urban residents with park and wildlife space, and can fund acquisition, it is a potential funding source for the Subject Property. However, the grant awards are low, and the match requirement is quite high.
State of California Wildlife Conservation Board
Land Acquisition Program
https://wcb.ca.gov/Programs/Acquisition
The Wildlife Conservation Board (WCB) acquires real property or rights in real property on behalf of the California Department of Fish and Wildlife (CDFW) and can also grant funds to other governmental entities or nonprofit organizations to acquire real property or rights in real property.
This program looks for biologically valuable land. In 2015, $11 million was allocated for the protection of more than 16,000 acres of wildlife habitat via acquisition of conservation easements by our conservation partners.
Attachment J
Funding Evaluation: Oil Operators Property
September 15, 2016
Evaluation: Given that this land acquisition program looks for biologically valuable land, it is an unlikely funding source for the acquisition for the Subject Property.
California Department of Fish and Wildlife
Endangered Species Recovery Land Acquisition (RLA) Grant Program https://www.wildlife.ca.gov/Grants/Land-Acquisition
The federal RLA Grant Program is part of what is known as the Nontraditional Section 6 Program, and provides funding to States and Territories for the acquisition of threatened and endangered species habitat in support of approved and draft species recovery plans. In 2015, the average grant amount in California was $2 million. A $2 million award was presented to Shell Oil Company/Metropolitan Water District for the development of a Habitat Conservation Plan in Los Angeles County. This grant is supporting the acquisition of approximately 56 acres of land in eastern Chino/Puente Hills, which was discovered to be home to an important population of Federally-listed threatened coastal California gnatcatcher. The grant will also help protect important habitat for the cactus wren, a California Species of Concern. It was determined that the remaining natural open space in the area contained a surprising diversity and abundance of wildlife and plant species contusive to supporting the survival of the species listed above.
Evaluation: Given that the RLA grant program focuses on preserving loss of critical habitat for threatened and endangered species, it is an unlikely funding source for the acquisition of the Subject Property.
U.S. Department of Housing and Urban Development
Neighborhood Stabilization Program
https://www.hudexchange.info/programs/nsp/
Congress established the Neighborhood Stabilization Program (NSP) for the purpose of stabilizing communities that have suffered from foreclosures and abandonment. Eligible activities for NSP funds include establishing financing mechanisms for purchasing and redeveloping foreclosed home and residential properties; purchasing and rehabilitating homes and residential properties abandoned or foreclosed; establishing land banks for foreclosed homes; demolishing blighted structures; and redeveloping demolished or vacant properties. In addition, the use of NFP funds must also meet one of the following Community Development Block Grant (CDBG) objectives: provide or improve permanent residential structures that will be occupied by a household whose income is at or below 120 percent of the area median income (AMI); benefit all the residents of a primarily residential area in which at least 51 percent of the residents have income at, or below, 120 percent of AMI; and serve a limited clientele whose incomes are at or below 120 percent of AMI.
Evaluation: Given the criteria for utilizing these funds, the NSP is an unlikely funding source for the acquisition of the Subject Property.
Funding Evaluation: Oil Operators Property
September 15, 2016
Property Cleanup
California Environmental Protection Agency (CalEPA)
2016 Environmental Justice (EJ) Small Grants
http://www.calepa.ca.gov/EnvJustice/Funding/
This is a small grant program designed to assist non-profit organizations. The City might be able to partner with a non-profit organization to access the funding. The EJ Small Grants are awarded on a competitive basis. A minimum $1 million in grant funds is available for the 2016 grant cycle. The maximum amount of a grant provided is $50,000. As previously stated, the City must partner with a non-profit as these funds are strictly limited to a non-profit entity. Additionally, an applicant's project must address EJ small grant program goals in communities that are disproportionately affected by environmental pollution, or are especially sensitive to environmental pollution due to socio-economic factors.
Evaluation: Given that the EJ small grants program is limited to non-profits and the maximum grant amount is very limited, it is an unlikely funding source to support property cleanup related to the Subject Property.
California Department of Toxic Substances Control
Targeted Site Investigation (TS/) Program
https://www.dtsc.ca.gov/SiteCleanup/Brownfields/Loans Grants.cfm The TSI Program is a grant program in which brownfields sites are selected to receive environmental investigation services through a competitive application process. For the selected sites, DTSC oversees the investigation and develops a report at no cost to the applicant. The goal of the TSI Program is to facilitate the redevelopment planning and reuse of brownfields. Local government agencies, school districts and non-profit organizations are encouraged to apply, though sites must meet the U.S. EPA definition of a "Brownfields" site in order to be eligible. U.S. EPA's definition comes from the 2002 Public Law 107-118 (H.R. 2869) and codified in 42 U.S.C. 9601. Further, the proposed TSI project must be of interest to the applicant for facilitating development, expansion or reuse. The redevelopment must be in the planning stages or in progress. DTSC will not consider projects that have been completed.
Evaluation: Given that the TSI Program is for brownfields and redevelopment in the planning stages or in progress, this program appears to not meet the City Council's objectives with respect to the cleanup of the Subject Property.
Revolving Loan Fund Program (RLF) Program
http://www.dtsc.ca.gov/SiteCleanup/Brownfields/Loans Grants.cfm The Revolving Loan Fund (RLF) Program provides loans to help developers, businesses, schools, and local governments cleanup and redevelop brownfields. This is a brownfields cleanup loan program administered through a Cooperative Agreement with the U.S: Environmental Protection Agency (U.S. EPA). There are two phases of the application process: (1) borrower and Site Eligibility information and (2) detailed financial information. The first phase includes completing/submitting a Brownfields Loan Application form, Hazardous Substances Site Eligibility Evaluation and/or the Petroleum Site Evaluation Eligibility Evaluation based on the primary Funding Evaluation: Oil Operators Property
September 15, 2016
contaminant at the proposed site, and potential additional information. Available loan range from $200,000 to $900,000 per site and subgrants are up to $200,000 per site. Subgrant funds are limited. Loan interest rates are based on the length on loan, usually between 2 and 4.5 percent, and borrowers are responsible for a 10 percent owner equity participation match.
Evaluation: Given that the RLF Program is designed to help cleanup and redevelop brownfields, this program appears to not meet the City Council's objectives with respect to the cleanup of the Subject Property.
Cleanup Loans and Environmental Assistant to Neighborhoods (CLEAN) Loan Program http://www.dtsc.ca.gov/SiteCleanup/Brownfields/Loans Grants.cfm This is a state-funded loan program that provides low-interest loans of up to $100,000 to conduct preliminary endangerment assessments and low-interest loans of up to $2.5 million for the cleanup or removal of hazardous materials where redevelopment is likely to have a beneficial impact on the property values, economic viability and quality of life of a community.
Evaluation: Given that the CLEAN Loan Program seeks to establish financial incentives through low-interest loans, it is an unlikely funding source for the cleanup of the Subject Property.
CalEPA, State Water Resource Control Board
The Orphan Site Cleanup Fund (OSCF)
http://www.waterboards.ca.gov/water issues/programs/ustcf/oscf.shtml The Orphan Site Cleanup Fund (OSCF) is a grant program within the Division of Financial Assistance. OSCF provides financial assistance to eligible applicants for the cleanup of sites contaminated by leaking petroleum underground storage tanks (UST) where there is no financially responsible party, and the applicant is not an eligible claimant to the UST Cleanup Fund. The OSCF grants are available for response actions that characterize, assess, and investigate an unauthorized release from a petroleum UST. Assessment grants may also provide funding for UST system removal, free product removal, and soil excavation, not to exceed 500 cubic yards at the eligible site.
Effective September 25, 2014, SB 445 (Hill), made changes to the OSCF. The law changed the eligibility criteria for OSCF so that it is no longer limited to funding brownfield sites; the maximum amount of grant monies available for an eligible occurrence is $1 million for any grant application filed on or after January 1, 2015.
Evaluation: Given that the OSCF grant program seeks to provide financial assistance for the cleanup of petroleum USTs, it may be a potential funding source for the property cleanup of the Subject Property. However, it should be noted that available funding from this program is very low.
Funding Evaluation: Oil Operators Property
September 15, 2016
Park Development
California Department of Parks and Recreation
California Youth Soccer and Recreation Development Program http://www.parks.ca.gov/?page id=1008
This is a statewide grant program to fund new soccer, basketball, baseball and softball recreation opportunities in heavily populated, low-income urban areas with a high youth crime and unemployment rate. Ineligible projects include acquisition projects and development projects that do not include a water conservation measure. The 2016 application is closed.
Evaluation: Given that the grant program seeks to creating opportunities for high-quality outdoor recreation, it is a likely funding source for park development. However, this grant is not a nearterm solution for activities that need to be completed before park development can begin at the Subject Property.
California Department of Parks and Recreation
Proposition 84: Statewide Park Program
http://www.parks.ca.gov/?page id=26025
This was a $368 million grant program for new parks and recreation facilities in critically underserved communities throughout California. Over 900 applications were submitted for $3 billion worth of projects. This clearly shows the extent of unmet community needs throughout California. Long Beach received funding for Orizaba Park ($2.2 million), Drake/Chavez Soccer Fields and Parkway ($2.5 million), Gumbiner Park ($2.8 million), and Craftsman Park ($722,000).
Evaluation: All funds have been allocated. Therefore, it is not a potential funding source for acquisition, abatement, or development of the Subject Property.
California Department of Parks and Recreation
Land and Water Conservation Fund
http://www.parks.ca.gov/?page id=21360
In 2016, there were $8.8 million in funds available, and $24. 7 million in total local agency grant requests submitted for consideration. The State Parks agency has indicated competitive applications that were not recommended for funding in the 2016 cycle will be retained for consideration for federal fiscal year 2017 funding.
Evaluation: Due to the lack of grant capacity, there does not appear to be a 2017 local agency application cycle at this time. Therefore, the Land and Water Conservation Fund is not a potential funding source for acquisition, abatement or development of the Subject Property.
Kaboom
https:/ /kaboom .org/grants
This organization offers grants for playground equipment. If, and when, the Subject Property is purchased and abated, Kaboom may be a viable partner for park development.
Funding Evaluation: Oil Operators Property
September 15, 2016
Other Funding Sources
In addition to the funded sources described above, the City is also monitoring Measure A, Los Angeles County's Safe, Clean Neighborhood Parks & Beaches Measure of 2016. On July 5, 2016, the Los Angeles County Board of Supervisors voted to place Measure A onto the November 2016 ballot. Measure A would replace existing park funding under Proposition A, which was adopted by voters and has funded park development throughout Los Angeles County for the past 20 years. Proposition A is set to expire in 2019. The new measure would add a parcel tax of 1 ½-cent per square foot of developed property. An average homeowner with a 1,500 square foot home would pay approximately $22.50 a year.
If approved by voters, Measure A would raise $94 million annually. Priorities for spending the money, should the measure pass, have been set and shall be expended according to the following schedule:
• 35 percent of funds will be allocated directly to cities and unincorporated areas of the County to pay for projects consistent with, or similar to, those identified in the 2016 Park Needs Assessment;
• 13 percent for the acquisition, construction, and rehabilitation of parks and recreation facilities;
• 13 percent for planning, acquisition, development, improvement and restoration of multibenefit park projects that promote, improve, or protect clean local water supplies, habitat improvements, park space, public access or watershed health; • 13 percent will be used for environmentally-oriented projects, including beach and waterway clean-up;
• 13 percent will be dedicated to regional facilities, multi-use trail and accessibility projects that connect urban areas to nature;
• 3.8 percent will be dedicated to youth and veteran job training and placement opportunities; and,
• The balance of the revenues will go to administrative costs.
If voters approve Measure A, this revenue stream could be evaluated further as a potential funding source to support the acquisition and cleanup of the vacant property between Baker Street and Wardlow Road Adjacent to the Los Angeles River for public purpose.
If you have any questions, please contact Diana Tang, Manager of Government Affairs, at [email protected] or 562-570-6506.
PHW:DT
M :\JGR\State\State Leg Comm\Memos 2016\MCC _ OilOperators_ 7-7-16.docx CC: CHARLES PARKIN, CITY ATTORNEY
DOUG HAUBERT, CITY PROSECUTOR
LAURA DOUD, CITY AUDITOR
TOM MODICA, ASSISTANT CITY MANAGER
ARTURO SANCHEZ, DEPUTY CITY MANAGER
REBECCA JIMENEZ, ASSISTANT TO THE CITY MANAGER
DIANA TANG, MANAGER OF GOVERNMENT AFFAIRS
ALL DEPARTMENT DIRECTORS
MIKE ARNOLD AND ASSOCIATES
Attachment K
CITY OF LONG BEACH
PARK ACQUISITION
FEASIBILITY REPORT
PREPARED APRIL 2021
About the Report......................................................................................01 Introduction to Park Equity......................................................................09 History of Park Development in Long Beach........................................03 Acquisition Methods and Possible Funding Sources............................29 The Case for Parks and Open Space......................................................02 Previous Park Planning and Acquisition Efforts ...................................12 Park Acquisition Opportunity Sites.........................................................18 Long Beach Parks and Open Space........................................................08 Long Term Considerations for Park Acquisition...................................41 Table of Contents
Appendix....................................................................................................44 Possible Next Steps..................................................................................43 Sites Considered But Not Recommended for Parkland.......................25 Top Recommended Site For New Parkland...........................................28 Park Development Timeline....................................................................38
ABOUT THE REPORT
#
PA
R
KS
MA
K
E
L
B
On February 2, 2021, the Long Beach City
Council took action to request the City
Manager to study the feasibility of acquiring
open space for park development along LA
River consistent with the Long Beach
RiverLink Plan and the Lower LA River
Master Plan and report back within 60 days.
This Report identifies property that may be
opportunity sites that could be further
considered for possible acquisition, along
with information on possible acquisition
methods and funding sources that may be
available for park acquisition. This Report
does not reflect all necessary due diligence,
and land use actions necessary for the
acquisition of specific properties for parks
and open space. Further steps are necessary
to follow applicable laws and the City's
policies and procedures for property
acquisition. Future action by the Parks and
Recreation Commission, Planning
Commission, and the City Council will be
required if property is to be acquired for
parkland.
Economic Development
Development Services
Parks, Recreation and Marine
Public Works
Technology and Innovation
The development of this Report was lead by
the Long Beach City Manager's Office and
the following Departments contributed to
this Report:
01 fundamental to the livability of cities and
neighborhoods - Frederick Law Olmstead,
the father of landscape architecture and
designer of many notable urban parks,
called open space the “lungs of the city.”
Parks and open spaces have never been
so appreciated, or as heavily used as
they are as a result of the COVID-19
pandemic. Early in the pandemic, when
most other activities were closed, parks
and open spaces were deemed
'essential' and remained open. Health
experts and epidemiologists even
indicated these treasured outdoor
public spaces were safe, even beneficial,
for people to get outdoors for exercise
and mental health as long as people
kept a safe distance. Parks and open
space have been seen during the COVID19 pandemic to be critical to survival and recovery. The Centers for Disease
Control and Prevention even listed
visiting parks and open spaces —
particularly those “parks that are close
to your home” — as a way to protect
yourself and others from COVID-19.
Spending time in parks and green spaces
benefits people’s psychological,
emotional and overall well-being by
reducing stress, improving cognitive
functioning, and is associated with
improved overall health.
Over the years parks have also served as
“secular cathedrals,” places for people to
commune with nature in times of great
civic and cultural strife, such as during
the 1933 earthquake or after 9/11, during
protests, or during days of remembrance.
Earthquake Shelters in Bixby Park, 1933
THE CASE FOR PARKS AND
OPEN SPACE
02 Parks and open space are
HISTORY OF PARK
DEVELOPMENT IN LONG BEACH
their neighborhood as parks and open space are not equitably distributed. There are many reasons for the purpose and location of parks and open space throughout Long Beach’s history.
Many of Long Beach’s first public
parks were not designed with the
intention of improving accessibility
to open space. Some were built
simply to activate donated or
municipal lands like Lincoln Park
(1880) or Victory Park (1889).
Other lands were intentionally acquired
by developers to build public
greenspace in wealthy neighborhoods
comprised of predominately white,
affluent families. Drake Park was a
private park until donated to the City in
1904 by Col. Charles Drake. Rose Park
was a private park donated to the City
by the Alamitos Land Company in 1910.
03 Ultimately, parks and open space are beneficial, free resources that yield tremendous social, physical and mental health benefits.
Unfortunately, not everyone in Long Beach has access to a park in After 1900, the City expanded
rapidly both east along the
oceanfront and north toward Los
Angeles. During this time, several
developers dedicated parks to
enhance their housing
developments. Bluff Park was
dedicated by the Alamitos Land
Company in 1919.
Later in Long Beach’s history, lower-income households were limited by affordability, and families of color were inevitably restricted by Redlining – Federal Housing policy that restricted home loans based on the racial makeup of a neighborhood. This limited these families to areas of Long Beach that, much like today, held denser patterns of small or multi-family homes without yards or greenspaces and did not include investment in public parkland.
As Long Beach continued to develop, much of the land within the City was developed for uses other than parks, with residential, commercial or industrial land being seen as the highest and best use of property. The competition among parkland and other land use continues today, with parks competing for land that is priced based on more lucrative land uses.
Additionally, other park plans were abandoned due to industrial interests. For example, a progressive Central Park-like plan of 200 acres of open space was developed in 1920 on what is now Willow Springs Park, sections of the 405 Freeway and parts of the Long Beach Airport, but was immediately scrapped a year later in 1921 due to the discovery of oil in this area.
Daily Telegram, December 1, 1921
04 “Located in what
someday may be
the heart of Long
Beach, [the City]
could have a park
second to none in
the state,” Mayor
Lisenby
Daily Telegram, June 30, 1920
“Long Beach
cannot afford
the luxury of a
park where one
of the world’s
greatest oil
producing areas
may lie,” said
Manager Hewes
05 As the city developed and expanded during different eras, varying amounts of open space and parklands were set aside for public purposes, with the result that older parts of the city generally had fewer park and open space resources than newer areas. Post World War II development in east Long Beach brought new subdivisions that included a series of neighborhood parks.
The first was the water bonds that
purchased the land for Heartwell,
Stearns and Rosie the Riveter Parks
and Skylinks Golf Course. The sites
had long been locations from which
private water companies supplied
water to Long Beach area residents
from wells.
For example, Lloyd Whaley, a
developer who sold more than
11,000 homes in Long Beach
during the 1940’s and 50’s,
donated land for Whaley Park
(13.5 acres), Scherer Park (11
acres), and Los Altos Park (5
acres).
Like the rest of the nation, the Long Beach economy slowed during the 1930’s Great Depression. The 1933 earthquake and severe storms in 1934 and 1938, resulting in two major floods, also devastated Long Beach. However, Long Beach continued to grow, just much more slowly. The growth of the park system continued, helped by several voter-approved park projects at least partly in an effort by the City to pull itself out of the Depression.
Following World War II it became clear that the housing boom that began during the war was going to continue, and led to the creation of the City’s first plan for park development. This document, Plan for Recreation and Group Services in Long Beach, was completed in 1948 and included the concepts of service areas around parks, a classification of parks of different scales, and the need to acquire a site for a large regional park before development made this idea impossible.
These homes, and the neighborhood parks that served them, were inaccessible to people of color due to the racially restrictive covenants permitted by Redlining. As Long Beach continued to develop through the twentieth century, land uses changed from single-family homes to allow for larger apartments and condominium buildings.
Existing parks were no longer sufficient to meet the needs of the influx of new residents, but very little new land was available to serve the new population in a builtout city.
In more recent years, built-out cities like Long Beach that do not have many traditional options for new open space have begun to reclaim public right-of-way for greenbelts, walking loops, and even park space. Long Beach parks including 14th Street Park, Fellowship Park, NAACP Freedom Park, Jenni Rivera Memorial Park, Rotary Centennial Park, Orizaba Park, Long Beach Greenbelt and Red Car Greenbelt were all developed on former railroad right-of-way operated by the Pacific Electric Rail Company. 06 With the completion of the City's first park plan, community groups began advocating for the acquisition of a regional park.
The award-winning Gumbiner Park also
creatively used public street right-ofway through the consolidation of a fiveway intersection allowing the closure of one block of roadway which improved
safety and pedestrian circulation,
eliminating the most dangerous
intersection in the city.
Although a ballot measure to approve
bonds failed in 1952, citizen pressure
convinced the City Council to purchase a
217-acre parcel while another bond act in
1953 allowed for the purchase of the
remaining land for El Dorado East
Regional Park.
07 Map 1: City of Long Beach Parks & Open Space
This map depicts all parks and open space in Long Beach. This includes both public and private parks and open space properties and both developed and undeveloped park land in Long Beach.
*National Recreation & Parks Association Standard
**Trust for Public Land 2020 ParkScore
08 of open space. This open space represents 9.39% of the City’s land use.
LONG BEACH PARKS AND
OPEN SPACE
Long Beach is one of the largest park and open space systems in the U.S. ranking #23 in the 2020 Trust for Public Land ParkScore. As of March 2021, the City of Long Beach has 167 parks and 3,125.2 acres
CITY OF LONG BEACH PARK METRICS
470,489
TOTAL
POPULATION
105,390
TOTAL NUMBER OF
CHILDREN (0-18)
9,410
POPULATION
DENSITY
3,125.2
PARKLAND
ACRES
9.39%
PERCENT OF
PARKLAND
6.64 PARK ACRES PER
1,000 PEOPLE*
29.65 PARK ACRES PER
1,000 CHILDREN
84%
POPULATION WITHIN
A 10-MIN WALK**
Long Beach’s park system operates within a dense, urban environment, making access to parks and their green infrastructure much more important. At nearly a half-million residents within the 52 square-mile City, there are only seven cities in the U.S. that have larger and denser residential populations than Long Beach (New York City, San Francisco, Boston, Miami, Chicago, Philadelphia and Washington D.C.). Despite this density and zip codes and census tracks that do not provide park access, 84% of Long Beach’s population live within a 10-minute walk to a park. status and life expectancy. Population densities, household incomes, age distributions, and race/ethnicity also vary sharply in the city’s various neighborhoods. In addition, environmental issues such as freeways, pollution, and industrial land uses affect some parts of Long Beach more than others. This variation in urban living conditions would also suggest that certain areas may be in greater need of additional park and open space resources than others to offset or mitigate the City’s environmental issues. Parks and open space are critical social determinants of health.
Given that the City’s history and systems have not created an equitable distribution of open space throughout Long Beach, this has raised important questions of park equity. Park equity is the idea that all people – regardless of who they are or where they live – have the right to clean, welcoming, well-maintained and accessible green spaces.
09 INTRODUCTION TO
PARK EQUITY
Health status indicators, like access to parks and open space, vary widely across geography, racial/ethnic groups, gender, income, and age, and where one lives in Long Beach determines their health The City’s Racial Equity and Reconciliation
Initiative also references park equity,
recognizing the impact of open space on
health for those who need it most, to
"Increase access to park space and
recreation programming to foster
physical activity, community connections,
and safe places for children and families
to play."
10 Park equity can be determined by using several industry-standard metrics, including acres of parks per 1,000 residents and residents within a 10-minute walk to a park.
The City’s Open Space and Recreation Element approved in October 2002 established a goal of having an average of eight (8.0) acres of recreational open space per 1,000 residents.
This map depicts all publicly-accessible developed parks and their service area, which represents a 10-minute walk radius, overlayed on housing density. This map removes all private parks and open space, inaccessible or undeveloped parks and open space, as these can skew the data shown in the map.
Map 2: Parks Equity Map
California Communities Environmental Health Screening Tool (CalEnviroScreen) California State Parks Comprehensive Outdoor Recreation Plan (SCORP) Complete Park Indicators
Other tools for assessing Park Equity include:
11 These findings are of particular relevance as the City of Long Beach decides how to allocate funds from the recent passage of Measure A, the City’s Park Impact Fees, future federal infrastructure funding, and how projects are prioritized for grant funding from a variety of federal, state, and county tax measures and bond measures (see Acquisition Methods and Possible Funding Sources Section).
In addition, the findings indicate that creative strategies for providing open space – such as utilizing public right-of-way like alleys and streets, pursuing underutilized school sites through joint use agreements, public or utility-owned property, and unnecessarily wide streets – will be required to address the City’s inequities in providing access to open space in park-poor areas of the City.
The 2016 Los Angeles County Needs Assessment also identified areas of park need across the County, including Long Beach, using multiple factors such as demographics, economic income, education, health impacts. The Needs Assessment identified multiple areas in Long Beach that have a high/very high need of park and open space .
12 from the City’s Community Development Block Grant (CDBG), the formerRedevelopment Agency, investment of Park Impact Fees, and securing millions of dollars in federal, state and county grant funding.
PREVIOUS PARK PLANNING
AND ACQUISITION EFFORTS
To address issues of park equity, the City prepared a ‘Green Vision’ map in 2010 that outlined 573.2 acre of potential park development.
While never formally adopted, this map created the framework for exploration and drove momentum for park acquisition and development over the past decade, including securing funding Map 3: Green Vision Map
Over the last ten years, the City has received grant funding to invest in park planning efforts to creatively identify open space opportunities, particularly in neighborhoods with communities of color that lack open space along the LA River/I710 Freeway and the 91 Freeway corridors.
13 In addition, 17.39 acres of new parkland were acquired and/or developed over the past decade that were not identified on the 2010 Green Vision Map.
Of the 573.2 acre of potential park development, 204.56 acres were acquired and/or developed for parks and open space by the City. These efforts include the following properties (in alphabetical order):
51st Street
Greenbelt
Concept Plan
2017
DeForest Park
Vision Plan
10/20/2020
Drake Chavez
Vision Plan
7/16/2019
Green Terminal
Island Freeway
Transition Plan
2015
14 Hamilton Loop
Vision Plan
1/19/2021
Los Angeles River
Master Plan
Draft 2021
LB Municipal
Urban Stormwater
Treatment Facility
(LBMUST) & Wetlands
2018
Uptown Open Space
Vision Plan
7/24/2018
15 The City began negotiating with the property owner(s) of the vacant site at 712 Baker Street. Initially, $5 million in State grant funds were provided for a possible acquisition but were frozen by the State due to State budgetary issues, and ultimately never made available to the City.
The City then secured a second $5 million grant from the Rivers and Mountains Conservancy from the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond of 2002 (Proposition 40) in 2003 to acquire the property. The Trust for Public Land (TPL) was engaged to negotiate a possible acquisition with the property’s Board of Directors, and a 2003 independent appraisal identified the market rate for the acquisition was $5.6 million. The property’s Board of Directors did not accept the appraisal and began pursuing the design of selfstorage on the property. Later in 2003, the property’s Board of Directors provided the City a counter appraisal for $9.4 million based on the type of industrial development permitted. The City was limited by the grant funds available and negotiations shifted to determining if the City could purchase a smaller portion of the property. The City provided several scenarios for an acquisition of a smaller amount of acreage that could be purchased by the available grant funds at the higher appraisal price and still allow for the development of adjacent self-storage.
The property's Board of Directors rejected all scenarios and discontinued negotiations in 2004, and the City had to return the grant funds to the Rivers and Mountains Conservancy.
The City Council requested the City Manager to identify potential funding sources for the acquisition of vacant property between Baker Street and Wardlow Road adjacent to the Los Angeles River owned by the Oil Operators Inc., for public purpose. The City produced a memo for the City Council that indicated, based on best estimates as of September 2016, that the cost of acquisition could range from $17 to $22 million, $10 million for environmental clean-up, and provided a list of potential funding sources.
16 Between 2000-2010, the City pursued a variety of private properties for park acquisition, made possible through by a combination of City and Redevelopment Agency funds, county, state and federal grant funds, and Park Impact Fees. 2000
2003
2004
2016
17 The City engaged TPL again to connect with the private property owners for 712 Baker and 3701 N. Pacific Place and attempt to identify an amount the owners would entertain for the sale of these properties.
After 10 months of repeated attempted communication with the property owners with no returned communication, TPL concluded that the property owners were not willing sellers and the City was not able to begin any discussions with the property owners that would result in acquisition.
On June 6, 2019 an entitlement application was filed for 712 Baker which included a development project to build 226 (11 of which are restrictedincome affordable housing) homes and a 4.81-acre public park. The developer has agreed to enter into a Development Agreement with the City, which will obligate the developer to meet certain terms for the public park. To date, these terms include 1) design and development of the new park acreage with a nature theme and connecting it to the adjacent Baker Street Park so the area operates as a larger park space; 2) new amenities including a universally accessible/inclusive playground, half basketball court, grass playing field, walking loop with outdoor inclusive fitness equipment, 3) drought-tolerant landscape and carbonsequestering trees and site furnishings like seating, lighting and trash receptacles, 4) interpretive and educational signage about the history of Long Beach’s Indigenous People and their connection with the LA River, and 5) designation of the public park and funding park maintenance in perpetuity.
On February 25, 2020, an entitlement application was filed for 3701 N Pacific Place for a development project to construct a self-storage and recreational vehicle parking facility, and also includes approximately .64 acres on the site dedicated to a public access easement and public trailhead to the LA River, as a well as a vegetated, native plant preserve.
Due to this property being identified in the LA River Master Plan as an opportunity site, staff was able to negotiate with the developer to include the LA River trailhead as a public improvement.
2017
2020
2019
Long Beach. These opportunity sites would include non-City-owned property, including industrial, commercial, institutional, and agency properties, and undeveloped Cityowned property, while private residential properties were omitted. A quarter-mile walk is an industry-standard from the National Recreation and Parks Association. The quarter-mile walk standard is also supported by park equity research conducted by the University of Southern California Sustainable Cities Program that indicated that a quarter-mile is reasonable for parents taking children to a park for everyday outings and playground opportunities. In the context of Los Angeles with high traffic areas or neighborhoods where parents have safety concerns, walking trips of more than a quarter-mile are unlikely to be acceptable to parents. Finally, a quarter-mile walk was used because extending the property search to a half-mile walk included a large population of residential properties, which were omitted because these properties are to meet housing needs and determined to not be good candidates for park space.
The total number of parcels within a quarter-mile buffer zone along the LA River is approximately 6,943. Spatial tools were then used to flag land records in the City’s GIS system and the County Assessor Database to identify vacant or undeveloped land, land designated as the Open Space Placetype in the 2040 General Plan, City-State Ownership, Commerical-Industrial Use, Institutional Use, non-residential Private Property (not residential or state-city owned parcels), and For Sale Property. This also included County-owned LA River property included in the LA River Master Plan, parcels identified in approved City Park Vision Plans as well as sites that connect or will connect in the future to LBMUST. This list of opportunity sites does not include residential properties or non-conforming properties like those with commercial or industrial zoning that have residential buildings, parcels with active entitlements and/or active building permits associated with a private development project, and parcels that would not result in a functional park/open space. This analysis resulted in 122 parcels that represent opportunities sites, which in total, equal 403.42 acres of potential future parks and open space.
18 PARK ACQUISITION
OPPORTUNITY SITES
To identify opportunity sites for park acquisition, property search criteria were established. Opportunity sites would be identified within a quarter-mile walk to the west and the east from the LA River from Long Beach’s northern boundary to the mouth of the LA River in southern 122
OPPORTUNITY
SITES
403.42
OPPORTUNITY
SITES ACRES
19 Map 4: Opportunity Sites Map
These 122 opportunity sites were further analyzed based on the likelihood of most expeditiously adding new parks and open space in Long Beach. The criteria used to further analyze opportunity sites include 1) institutional or utility property; 2) undeveloped, unused, or otherwise unencumbered; and 3) sites currently for sale or lease. This analysis resulted in nine sites owned by the City of Long Beach, the Los Angeles County Department of Public Works, and the Los Angeles County Flood Control, Southern California Edison, totaling 111.01 acres. 20 9
OPPORTUNITY
SITES
111.01
OPPORTUNITY
SITES ACRES
Below is the list of all 122 parcels identified to be opportunity sites.
SCE Property
APN: 7116016802 & 7116001800
17.42 ACRES
Est. Acquisition Cost: Unknown
Est. Development Cost: $45,000,000
Est. Maintenance Cost: $284,000/yr
Est. Operations Cost: $127,000/yr
SCE Property
APN: 7132001801
25.52 ACRES
Est. Acquisition Cost: Unknown
Est. Development Cost: $67,000,000
Est. Maintenance Cost: $416,000/yr
Est. Operations Cost: $187,000/yr
County Property
APN: 7115001903
9.74 ACRES
Est. Acquisition Cost: Unknown
Est. Development Cost: $33,000,000
Est. Maintenance Cost: $159,000/yr
Est. Operations Cost: $72,000/yr
SCE Property
APN: 7125037801
11.61 ACRES
Est. Acquisition Cost: Unknown
Est. Development Cost: $30,000,000
Est. Maintenance Cost: $190,000/yr
Est. Operations Cost: $85,000/yr
21 County Property*
APN 7140014940
11 ACRES
*City in discussions with County
to use 11 acres open space
Est. Acquisition Cost: Unknown
Est. Development Cost: $27,500,000
Est. Maintenance Cost: $180,000/yr
Est. Operations Cost: $80,000/yr
County & SCE Property
APN:7140014028,7140014804,
7140014910
9.16 ACRES
Est. Acquisition Cost: Unknown
Est. Development Cost: $37,000,000
Est. Maintenance Cost: $228,000/yr
Est. Operations Cost: $102,000/yr
County Property
7140014939
20.16 ACRES
Est. Acquisition Cost: Unknown
Est. Development Cost: $50,400,000
Est. Maintenance Cost: $329,000/yr
Est. Operations Cost: $148,000/yr
22 City Undeveloped Park Properties
903 Fairbanks, LBMUST
Existing Grant: $28,000,000
Construction In Progress
City Undeveloped Park Properties
970 W. Chester, 620 DeForest
6.4 ACRES
Est. Development Cost: $16,000,000
Est. Maintenance Cost: $99,000/yr
Est. Operations Cost: $45,000/yr
23 Acquisition Costs: Acquisition costs are unknown at this time.
Development Costs: Development costs are based on the cost per acre from the 2016 Los Angeles County Park Needs Assessment of $2.5 million per acre, adjusted for CPI.
Maintenance Costs: Park maintenance costs are based on the CPRS industry-standard of average park maintenance cost of $16,300 per acre, adjusted for CPI.
Operational Costs: Park operational costs are based on the NRPA industry-standard of average park operations cost of $7,300 per acre, adjusted for CPI.
The 9 identified sites are opportunity sites for possible future acquisition or permitted park use. Each site requires future study and consideration and are not sites ready for immediate acquisition. Due to the 60-day timeline required for production of this Report, certain aspects of each opportunity site will require additional evaluation and additional strategies could be explored.
Cost estimates for acquisition, development, maintenance, and operations were based on the following industry standards:
The total acquisition, development, park maintenance, and park operations cost for the nine identified sites includes:
* This does not include the unknown costs associated with any future lease or long-term use agreements that may be arranged with the County of Los Angeles or utility companies for the use of their property as parks or open space.
** The average Park Maintenance cost per acre and Park Operations cost per acre is shown in 2021 dollars. Future amounts would need to be adjusted annually based on CPI.
Park Maintenance cost assumes janitorial services, trash removal, utility payments (water, electrical), basic landscape maintenance, pest management and vector abatement, dumping or encampment clean-up/storage, contract management, and billing. The Park Operations cost assumes weekly multigenerational recreational staffing and programming, multigenerational sports, class offerings, seasonal events, and in-person and phone customer service and support. These costs do not include 1) regulatory obligations related to potential acquisition properties, as those obligations (permits, monitoring, abatement) are unknown at this time; and 2) requirements that may be passed on to local jurisdictions as a result of the policies and goals of the LA River Master Plan, which is in a final draft phase at the time of this Report. 24 This property has a zoning designation of open space and is privately owned by its 415 limited membership for golf operations with membership-only access. It is not institutional or utility property, undeveloped, unused, or otherwise unencumbered, or being marketed for sale or lease. Therefore, it was not identified as one of the nine opportunity sites. Should the City want to pursue the acquisition of this property for a park use other than golf, the property would need to be acquired from the private membership.
Should this property be acquired, it could either remain a location for golf and incorporated into the City's golf management contract or be demolished and developed with a different type of open space. Outside of property acquisition, the City could pursue discussions with Virginia Country Club free/low-cost programming for youth or non-members.
SITES CONSIDERED BUT NOT
RECOMMENDED FOR PARKLAND
Certain sites were ultimately not included in the final nine sites, as they did not meet the criteria of 1) institutional or utility property; 2) undeveloped, unused, or otherwise unencumbered; and 3) sites not currently for sale or lease. These sites are discussed below. 25 VIRGINIA COUNTRY CLUB, 4602 N. VIRGINIA ROAD
3701 N. PACIFIC PLACE
This privately-owned property is encumbered (currently in escrow) and has an active entitlement in progress. On February 25, 2020, an entitlement application was filed for 3701 N Pacific Place for a development project to construct a self-storage and recreational vehicle parking facility. The project also includes approx. .64 acres for a public access easement and public trailhead to the LA River and a native plant preserve.
The property is also located between the 405 Freeway and the Metro A line light rail train tracks, providing limited neighborhood access. The property is oriented along the northeast intersection of the 405 and 710 freeways and directly to the east of the LA River. The site is only accessible from its southeasternmost point, via Pacific Place which deadends into the property and is adjacent to a Caltrans maintenance station to the south. The property's location in terms of access, contamination and surrounding land uses (freeways, the river, Metro light rail tracks) renders it an auto-oriented property that prevents pedestrian compatibility by default.
Additionally, the property has considerable remediation needs. Prior to the site’s operation as a golf driving range, uses at the site included an oil brine water treatment facility for on and offsite oil production activities and oil well drilling. The oil-brine 26 water treatment facility was established in the 1920s and activities included the pumping of oil brine to oil sumps (evaporation and treatment ponds), with the majority of the project site serving as a treatment sump. As a result of the treatment activities, water seepage into the subsurface below the sumps caused a sludge residue onsite. Operations for the treatment facility were discontinued in the 1950s and fill soil was imported to the site in the 1970s. The site’s oil well drilling activities took place between the 1930s and 1980s, with thirteen oil wells being drilled (11 of which produced oil). All of the oil wells were abandoned between 1961 and 2014, in accordance with the California Geologic Energy Management Division (CalGEM) standards.
Therefore, for these reasons, this property was not identified as one of the nine opportunity sites.
The City and the Trust for Public Land previously attempted to acquire this property in 2017 (see Page 16-17), but was unsuccessful due to not having a willing seller. As a result, eminent domain would likely be needed to create a public park as this property is not listed for sale. Should eminent domain be the process by which the property is acquired, many grant funding sources would be unavailable, as many of them prohibit using grant funds for eminent domain (See Acquisition Methods and Possible Funding Sources Section).
This privately-owned property is encumbered (currently in escrow) and has an active entitlement in progress. On June 6, 2019, an entitlement application was filed for 712 Baker which included a development project to build 226 homes (11 of which are restricted-income affordable housing) and a 4.81-acre public park.
The property is also located south of the 405 Freeway and directly to the east of the LA River. For many decades the site has been receiving wastewater through numerous pipelines from oil wells on the westside of Long Beach. This wastewater was pumped into settling pools on the property, then the water was discharged into the sanitary sewer and oil residue was kept in large holding ponds on the property. Thousands of gallons of crude oil accumulated over many years. Testing from the LA Regional Water Quality Control Board tested the soil on site and found significant soil and groundwater contamination. The property then contracted with the LA Regional Water Quality Control Board for oversight of soil cleanup and groundwater monitoring.
Therefore, it was not identified as one of the nine opportunity sites.
The City and the Trust for Public Land previously attempted to acquire this property in 2003/2004 and in 2016/2017 (see Page 16-17), but was unsuccessful due to not having a willing seller. As a result, eminent domain would likely be needed to create a public park as this property is not listed for sale. Should eminent domain be the process by 712 BAKER STREET
27 which the property is acquired, many grant funding sources would be unavailable, as many of them prohibit using grant funds for eminent domain (See Acquisition Methods and Possible Funding Sources Section.
Given the status of development applications for 3701 N Pacific Place and 712 Baker Street, it is unlikely that the current property owners are willing sellers (see page 16-17 about past attempts to engage property owners about the potential sale of these properties). Additionally, land acquisition costs would likely be high given the value of the land use. Both properties would also require substantial and costly environmental remediation because of the historic oil-related uses that have created significant environmental contamination for which the City would have to identify funding. The combination of private ownership, the absence of willing sellers, the active entitlement applications for development, and the cost to remediate the sites to the degree required to make them viable for park use represent significant hurdles to acquiring and developing these properties as parkland or expeditiously providing new open space.
TOP RECOMMENDED SITE FOR
NEW PARKLAND
River (APN 7140014940). This property met the criteria of institutional or utility property; is undeveloped, unused, and unencumbered; and the County is interested in making this property public open space. It is also directly accessible from the LA River Bike Trail.
The County has halted any other plans for this property in order to discuss with the City the potential for future open space. Staff have begun examing potential funding sources, which could include grants and support from other State and Federal sources. The estimated cost to develop the 11-acre property is estimated to require a total of $27,500,000 (based on estimates derived from the 2016 LA County Needs Assessment). This amount does include any cost that the City may incur to pay the County to lease the property or enter into a use agreement - this cost is currently unknown.
**Maintenance and Operational Costs would be required annually once the property is developed and open to the public.
At such time an agreement is reached with the County to create open space on this property, the process for park development can begin. First, staff would need funding to begin an inclusive community planning process for this site, as no park plan currently exists. An estimated funding amount of $100,000 would be needed for this process and it is likely to take eight to 10 months. This would be followed by the creation of a technical park design and securing CEQA clearance for the park development project. An estimated funding amount of $300,000 to $500,000 would be needed for this process. The park design would need to be presented to Planning staff through the Site Plan Review process and approved by the Parks and Recreation Commission. This is estimated to take approximately 10 months to one year. Next, construction drawings and project specifications would be generated which would be submitted for plan check and receive permits. This is anticipated to take seven to nine months, which would be followed by a public project bidding process, which is estimated to take two to four months. Once an award of contract and approval of park plans and specifications is approved by the City Council, construction can begin. 28 One opportunity site from the final 13 site is recommended as the site most feasible for new parkland. This is an 11-acre Countyowned property located north of the 405 freeway along the LA 29 ACQUISITION METHODS AND
POSSIBLE FUNDING SOURCES
A willing seller agrees to sell private property based on the asking price and appraisal.
An exaction is a concept in US real property law where a condition for development is imposed on a parcel of land that requires the developer to mitigate anticipated negative impacts of the development. Exactions must be proportionate to the value of a project and it's impact on development and is not open-ended. Exactions can include a condition to set aside a portion of the parcel for park or open space, and even the development of the park or open space to a certain standard of usability for public access. The City has used this method for projects like Molina Park (via a Development Agreement) or Pike Park (condition of approval on private development).
Eminent domain is the power of the United States government, granted under the Fifth Amendment of the Constitution to states and municipalities, to take private property for public use, following the payment of just compensation. Private property is taken through condemnation proceedings, in which owners can challenge the legality of the seizure and settle the matter of fair market value used for compensation. Eminent domain is a method rarely used by the City and is a tool of last resort. To acquire a property from a private property owner via eminent domain can take an estimated six to 18 months.
Obtaining new park land can be a complicated task and there is no simple recipe for assembling the urban parcels needed for new facilities. There are several methods by which a municipality can acquire property.
ACQUISITION METHODS
Property
Sale
Property
Exaction
Eminent
Domain*
*It is important to note that most county and state park grants will not fund park acquisition of property accessed through eminent domain. For example, California Proposition 68 Statewide Park Program ineligible acquisition costs include cost for land acquired through eminent domain or condemnation (PRC §80020), and County Measure A Program will only fund acquisitions through eminent domain or condemnation in very limited cases (due to displacement) and requires express authorization in advance to acquire through eminent domain and the price determined by the court. 30 Long Beach Measure A: In 2016 Long Beach voters approved Measure A, a 10-year sales tax increase for public safety and infrastructure. This included a 1% increase for six years, then declining to 0.5% for four years, expiring in 2027. The Measure was extended by voters in 2020. Measure A is anticipated to generate $60 million per year at 1%.
Park Impact Fees: In 1989, the City Council adopted Ordinance C-6567, establishing Park Impact Fees as Section 18.18 of the Long Beach Municipal Code (this was updated by Ordinance 07-0036 in 2007). This fee is a monetary exaction imposed on new residential development to help mitigate the impact of property improvements, assuring new development pays their fair share of impacts on parkland and recreational facilities. The amount of the fee is intended to pay for the cost of constructing the same level of service in parkland availability and recreational facilities for new residents of the City, as well as current residents. The collected Park Impact Fees are used solely and exclusively to fund parkland acquisition and recreational improvements. Per Ordinance, the continued validity of the fee and annual adjustments is determined through a Nexus Study to be prepared every five years. *Park Impact fees have not been increased since 2012 and do not keep pace with the cost of acquiring or developing new parkland consistent with the Ordinance. The recent nexus study from 2017/2018 shows that a fee increase between 946% and1884% would be needed to ensure developers are paying their fair share of the cost to develop new parkland for new residents. (See Exhibit 2.)
In many built-out areas of Long Beach, there are no large tracts of land readily available for park development. However, such areas often contain a variety of remnant lands – vacant lots, public or utility-owned property, underutilized or surplused school sites, or public right-of-way or streets that are wider than necessary.
This suggests the importance of a creative approach to the provision of new parks and open space that utilizes such remnant land resources to provide desperately needed park access, especially in disadvantaged neighborhoods and communities of color.
POSSIBLE FUNDING SOURCES
LB
Measure
A
Park
Impact
Fees
Possible City Funding Sources
31 County Proposition A (Competitive Grants): In 1996, Proposition A was approved by voters with a term of 22 years to generate revenues for grants within the Regional Park and Open Space District. Funding is focused on: 1) Capital Park Projects—funding for park projects that were built, refurbished, or acquired; 2) Maintenance and Servicing—funding to subsidize the cost of maintaining and operating newly built, refurbished, or acquired park projects; and 3) Administration—funding for the administrative operations of the District.
Evaluation: While the funding goals of Proposition A align with the City’s interests in creating more open space, the assessment time frame for this opportunity ended in FY 2018-19. Instead, the County has begun releasing competitive grants through County Measure A.
County Measure A (Per Capita & Competitive Grants): In November of 2016, over 70% of Los Angeles County voters decided to invest in parks and open space, with a specific focus on areas that lack parks and park access. Measure A is estimated to raise $94.5 million annually for parks, beaches, and open space in LA County. County Measure A provides stable, local funding from an annual parcel tax of 1.5 cents per square foot of building floor area, for parks and open space, including beaches and cultural institutions throughout Los Angeles. In FY 20, the City was eligible to receive up to $2.5 million through Measure A. Funding remains similar from one year to the next.
Evaluation: If County Measure A is contemplated for acquisition, the grant guidelines require a strict and prescriptive community engagement process consistent with language access requirements to make such an acquisition eligible for the use of these funds. This process would need to be complete prior to submitting an application for County Measure A funds for acquisition and the cost of this process would conceivably need to be funded by the City.
County Measure A Program ineligible acquisition costs include 1) acquisitions where the purchase price is greater than appraised value; 2) projects without a robust prescriptive community engagement process; and 3) will only fund acquisitions through eminent domain or condemnation in very limited cases (due to displacement) and requires express authorization in advance to acquire through eminent domain and the price determined by the court.
LA County
Prop A
LA County
Measure
A
Possible County Funding Sources
32 County Measure W (Competitive Grant): In November 2018, nearly 70 percent of voter in Los Angeles County voted to approve Measure W, a parcel tax measure benefitting water improvement projects. Half of the revenue generated is allocated toward the Safe, Clean Water Program to fund regional watershed-based projects, project concepts, and scientific studies. Part of the Measure’s mission is to empower communities to “protect creeks and streams, build parks, liven up concrete landscapes, and create green space for our communities.” The City has a working group composed of staff dedicated to applying to the Safe, Clean Water Program.
Evaluation: This source funds multi-benefit projects that are focused on cleaning collected Stormwater, with projects being located in specific park areas that collect water from specific watersheds.
Rivers & Mountains Conservancy (Competitive Grants): Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 authorized $7.5 billion in general obligation bonds for State water projects. Proposition 1 funds are awarded for acquisition, development, rehabilitation, restoration, and protection of land and water resources.
The Rivers & Mountains Conservancy (RMC) Board issues competitive grant cycles for projects throughout the RMC territory. Further under Proposition 68, the RMC has more than $30 million available through the Lower LA River Grants program over the next few years. Priorities for these grants include: developing urban recreation projects and habitat projection or restoration, providing workforce development opportunities, expanding access to diverse populations, and projects that have secured matching funds.
Evaluation: Ineligible acquisition costs include cost for land acquired through eminent domain or condemnation from an unwilling seller.
LA County
Measure
W
Possible County Funding Sources
Rivers &
Mountains
Conservancy
33 The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68), passed in 2018, directed $254.9 million to California State Parks for competitive grants to create new parks and enhance recreational opportunities. This is the state’s most significant investment in grant funding history targeted for underserved communities. The bond also provides funds for aging infrastructure, amenities, and improvements to parks that will help attract new and diverse visitors. Round three awarded $254.9 million to 62 projects, including five in Los Angeles County, four of which the Los Angeles County Department of Parks and Recreation received. The average grant request statewide was $4.8 million, and the average grant amount was $4.1 million. Round four has $395.3 million available. The application deadline for the fourth round of funding was March 12, 2021.
Grants will be awarded in late summer 2021. (Competitive Grant) Evaluation: The application deadline for the fourth round of funding was March 12, 2021. Grants will be awarded in late summer 2021. Ineligible acquisition costs include 1) cost for land acquired through eminent domain or condemnation; 2) acquisitions where the purchase price is greater than appraised value; 3) costs to fulfill any mitigation requirements imposed by law (PRC §80020); and 4) costs incurred outside the grant performance period.
California Regional Park Program (Competitive Grant): A total of $23 million is available through the Regional Park Program, funded through Proposition 68, provides resources for creating, expanding, or improving regional parks and regional park facilities. Funding could be used for acquisition to create enhanced public access and use, in addition to the development of trails, regional sports complexes, visitor and interpretive facilities, and recreational facilities in regional parks.
Evaluation: While the funding can be used for acquisition and development, eligible applicants are limited to counties, regional park and open space districts, joint powers authorities, and nonprofit organizations. Furthermore, applications must demonstrate that the project qualifies as a regional park. A regional park generally offers at least 50 acres of open space, or trail system, that attracts visitors from at least a 20-mile radius or a county-wide population, offering unique or significant open space for nature appreciation, athletic activities, cultural enrichment, or other recreational activities.
Prop 68
Park Bond
Prop 1
Possible State Funding Sources
34 Urban & Community Forestry Grant (Competitive Grant): The State Department of Fire and Forestry oversees the Urban and Community Forestry grant program. The program funds tree planting; urban forest planning and management; land acquisition and reclamation; biomass utilization projects; and projects that combine tree planting with one or more water or energy conservation measures. Applicants must demonstrate that their projects will contribute to greenhouse gas (GHG) reduction, and the program emphasizes projects that benefit disadvantaged communities. Grant awards can range from $150,000 to $1.5 million, depending on the category.
Evaluation: These funds are intended for capital projects that meet the funding criteria and are not intended for property acquisition.
California Wildlife Conservation Board (Competitive Grant): The Wildlife Conservation Board provides grant opportunities for capital improvement projects to restore or enhance riparian habitats, reestablishing floodplain connectivity, and land and property acquisition for conservation.
Evaluation: Local governments are eligible to apply for riparian grants, though the program does not provide funding for maintenance or mitigation projects. Acquisitions made through this program must be made on a “willing seller” basis pursuant to a fair market value appraisal. The focus of land acquisition is for biologically valuable land, which will differ depending on the site.
California Land and Water Conservation Fund (Competitive Grant): These grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities.
Evaluation: The next application period will be in 2022. It is unknown whether this funding source can be used to acquire property through eminent domain.
Urban
Forestry
Grant
CA Wildlife
Conservation
Board
Possible State Funding Sources
CA Land
& Water
Conservation
Fund
35 Federal Land and Water Conservation Fund (Competitive Grant): Land and Water Conservation Fund (LWCF) grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians. Localities that are interested in applying for the grant must go through their state.
However, the National Park Service decides which projects receive grants.
Each state may nominate up to four proposals that the National Park Service will select for this funding round. This is why the LWCF program states that once a funded project is complete, the land within the approved 6(f)(3) boundary map is considered under federal protection.
This protection helps preserve outdoor recreational use of the site in perpetuity. Since 1965, over one thousand parks throughout California have been created or improved with LWCF assistance.
Evaluation: Ineligible acquisition costs include 1) cost for land acquired through eminent domain or condemnation; 2) acquisitions where the purchase price is greater than appraised value; 3) costs to fulfill any mitigation requirements imposed by law (PRC §80020); and 4) costs incurred outside the grant performance period.
Build Back Better Program (Funding Unknown): President Biden has announced a Federal infrastructure program, Build Back Better, designed to create jobs through the implementation of public infrastructure projects. Depending on the eligible infrastructure projects under the Program’s guidelines, these could include the acquisition and development of new parks and open space in Long Beach or improving existing parks in park-poor communities.
Evaluation: Funding Program sources, eligibility, and guidelines have yet to be released. This is possible future funding, which may or may not allow of acquisition or development of new parks and open space.
LWCF
Grant
Build Back
Better
Program
Possible Federal Funding Sources
36 Certain private equity partners (institutional capital, including those raised by pension funds) specialize in acquiring and cleaning up environmentally impaired sites and then developing them into whatever a City has identified in a master plan. These public-private partnerships can be rare and are dependent on the return on investment for the private equity partners.
In some instances, typically for large, phased developments, the City can enter into a development agreement with project proponents.
Development agreements are contracts negotiated between project proponents and public agencies that specify the public benefits the project proponents are responsible for providing, in addition to the land use and development rights associated with a particular site. Although subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body through its general plan, and consistent with any applicable specific plan. Neither the applicant nor the public agency is required to enter into a development agreement. When they do, the allowable land uses and other terms and conditions of approval are negotiated between the parties, subject to the public agencies’ ultimate approval. While a development agreement must advance the agencies’ local planning policies, it may also contain provisions that vary from otherwise applicable zoning standards and land use requirements. The development agreement is essentially a planning tool that allows public agencies greater latitude to advance local planning policies, sometimes in new and creative ways. In sum, a development agreement is a tool that can be used in conjunction with the traditional development approval process. The City has a history of entering into Development Agreements with private developers, in particular where additional park improvements were negotiated. One example is the development of Molina Park, the development of which was a condition of a development agreement with the private developer at the adjacent housing development RiverPark. This park was otherwise unfunded by the City, having been previously a project anticipated to be funded by the former Redevelopment Agency.
Public
Private
Partners
Development
Agreements
Possible Funding Sources
37 Park agencies have established park sponsorship programs that include standard levels of sponsorships that exchange naming, typically of a building or amenity, for a financial contribution based on the value of brand recognition and impressions of the name on public signage.
Sponsorships may include a one-time contribution or an annual contribution over a series of years. For example, in Chicago the Lollapalooza music festival is sponsored by a collection of private entities that pay for the cost of the event in exchange for advertising rights and the event generates close to $3 million for the Chicago Parks District.
Long Beach Parks, Recreation and Marine has a sponsorship policy, which is being updated in preparation for sponsorship opportunities to fund ongoing operations and maintenance of Lincoln Park.
Like educational institutions, cultural institutions, and service-oriented organizations, many large park agencies or their conservancies have set up park endowments. These endowments are typically organized as a trust account that is designed to keep the principal amount intact while using annual interest earnings for capital, operations, or maintenance needs in a park system. The non-profit or park conservancy that manages often drives fundraising through capital fundraising campaigns or matching large donor gifts and endowments and accept both one-time and ongoing contributions by donors, including funding from an estate or an annuity.
Port of Long Beach Community Grants Program (Competitive Grant):
Funding provided to City and/or non-profit groups for a series of funding categories intended to offset Port-related impacts related to air quality, noise, traffic, and water quality.
Evaluation: Eligible costs limited to specific projects that reduce greenhouse gas emissions to offset Port impacts. Future rounds of funding may include trees and landscaping and park development.
Sponsorship
Park
Endowment
Possible Funding Sources
Port of
Long Beach
A Park Vision Plan is the first step to identifying a concept for an acquired property for new parkland. A Park Vision Plan process begins with the community reviewing existing conditions of the site and the neighborhood, identifying the priorities for park amenities, and creating a concept for the new open space. Park Vision Plans are approved by the Parks and Recreation Commission and City Council, which provides the direction to move forward to implement the Vision Plan.
Given that most properties acquired for parkland are undeveloped, they require that the City create a park from scratch. This requires a considerable inclusive community engagement effort and a park development process, which funding is needed to complete. The process below describes a typical park development process, the timeline and highlights several recent park development examples.
PARK DEVELOPMENTMENT
TIMELINE
38 8 - 10 months
DeForest Park
Vision Plan
RECENT EXAMPLES
1.PARK VISION PLAN
8 months 10 months
A Park Design is the second step that creates a technical park design. The Park Design details the park layout and identifies the location of park amenities, landscaped areas, buildings, park circulation and public access. A part of the Park Design is CEQA environmental clearance for the park development project. The Park Design is presented to Planning staff through the Site Plan Review process and the specific park development project is approved by the Parks and Recreation Commission.
Once the park design is approved, construction drawings are prepared. Construction drawings detail the technical specifications of the new open space or amenity and outline specific fixtures, finishes, products, measurements, and architecture. and identifies the location of park amenities, landscaped areas, buildings, park circulation and public access.
Construction drawings are submitted for plan check and regulatory and City permits are secured for the park development project. The construction drawings are also used to put the park development project out to bid. Once a contractor is competitively selected, the construction crawings and specifications are presented to
2.PARK DESIGN
MacArthur Park
Vision Plan
AVERAGE PARK VISION
PLAN TIMELINE
The City Council for approval of plans and specifications and award of construction contract.
This is estimated to take approximately seven to 12 months, depending on the complexity of the proposed park project.
39 Construction is the final step of the park development process. Project construction builds the new park or amenity according to the construction drawings and project specifications. The contractor fences the park or construction area, brings in construction materials and the park amenities, landscape, hardscape and park fixtures are installed. The construction is inspected periodically throughout the construction process. This is estimated to take approximately six to 18 months, depending on the complexity of the proposed park project. *This construction timeline does not include time for any plant establishment period, which can take 90 or 120 days or longer, depending on planted species and grant grow-in requirements.
3.CONSTRUCTION
6 - 18 months
Red Car
Greenbelt
RECENT EXAMPLES
AVERAGE PARK
CONSTRUCTION
TIMELINE
10 months 16 months
Houghton Park
Center
7 - 12 months
Red Car
Greenbelt
RECENT EXAMPLES AVERAGE PARK
DESIGN TIMELINE
7 months 12 months
Houghton Park
Center
The four steps of park development detailed above are only made possible when grant or other funding has been secured in advance. The process of soliciting grant funding, particularly competitive grants, can take years and often comes in phases.
This is an important detail to note because securing grant funding can significantly extend a project timeline, creating stops and starts to the park development process when funding is not secured for the next step of the process. Here are two recent examples of securing grant funding.
40 GRANT FUNDING TIMELINE IMPACTS
AVERAGE GRANT
FUNDING TIMELINE
AVERAGE GRANT
FUNDING TIMELINE
Wrigley
Greenbelt
DeForest
Wetlands
$8,500,000 = 11 years $1,625,000 = 9 years
NRPA Community Engagement Resource Guide
CA Parks for All Community-Based Planning Guide
NPS Healthy Parks Healthy People Community Engagement Guide An inclusive and meaningful engagement process ensures that our parks and public spaces are created by the people they are intended to serve. This is particularly important when certain communities may feel that past community engagement attempts have fallen short in representing and reaching people who have experienced many types of inequities and are at the highest risk of living in poor environments and experiencing negative health outcomes (e.g. people of color, lowincome communities, people with physical and cognitive disabilities, etc.). Equitable and inclusive community engagement is an ongoing and proactive process of working collaboratively with all people in a community to build relationships and capacity, create solutions and foster a sense of ownership of public parks through the planning, design, construction, maintenance, and activation of park spaces. This level of engagement and meaningfully translating materials into Spanish, Khmer, and Tagalog can add time to a park development process. In addition to the City's Equity Toolkit and co-creating engagement processes with the community, the following tools are used to inform community engagement for park development processes:
AVERAGE GRANT
FUNDING TIMELINE
Davenport Park
Expansion
$2,016,000 = 5 years
AVERAGE GRANT
FUNDING TIMELINE
Red Car
Greenbelt
$1,150,000 = 6 years
INCLUSIVE COMMUNITY ENGAGEMENT TIMELINE IMPACTS
At such time parkland is acquired and developed, an even greater task is adequately annually funding the ongoing operations, programs and maintenance of park land to ensure safety, playability and public access. The intent is that any newly acquired park would 1) be resourced equitably so that park maintenance and programming is provided to the same degree as other parks across Long Beach’s park system, and 2) be resourced adequately so that the quality of the park does not degrade faster than other parks in Long Beach’s park system, inequitably inhibiting playability and access.
Park maintenance for the City’s 167 parks and 3,125.2 acres of open space is currently underfunded - the City has a $20 million park maintenance shortfall, there in only funding for 40% of the water needed for the total landscaped park acreage, there is no annual park tree trimming budget and 14,000 of the City’s 29,000 trees are dead, diseased or dying. Historically, this has meant that each new park that has come online has caused the same park maintenance budget to be spread across a larger amount of park acreage. This has lowered the park maintenance budget per acre and maintenance service levels are at all City parks. Similarly, park operations and programming has been impacted by budget cuts, including the closure of several park community center sites and reduced service hours at others. This has meant that each new park that has come online does not have assigned staff or staff-led programs and many new park sites have been difficult to program through partners or contract class providers because these new parks do not have community centers or restrooms needed to support programming, making it difficult for instructors to draw participants.
41 $5,000
LONG BEACH
PARK MAINTENANCE
COST PER ACRE
30% of
industry average
EQUITABLE PARK MAINTENANCE AND OPERATIONS
LONG-TERM CONSIDERATIONS
FOR PARK ACQUISITION
$16,300
AVERAGE
PARK MAINTENANCE
COST PER ACRE
$5,025
LONG BEACH
PARK OPERATIONS
COST PER ACRE
$7,300
AVERAGE
PARK OPERATIONS
COST PER ACRE
69% of
industry average
Several recent studies have shown that the development of new parks and open space can be a contributing factor to displacement. One study from the University of Utah and the University of Colorado studies 10 cities (New York, Los Angeles, Chicago, Houston, Philadelphia, Seattle, Denver, Austin, Albuquerque, and Portland) and the role of urban parks and green spaces in gentrification over 15 years from 2000 to 2015, a period during which the back-to-the city movement accelerated gentrification.
This study revealed that being located within a half-mile of a new greenbelt park increases the odds that a neighborhood will gentrify by more than 200 percent and parks located closer to downtown also play a larger role in gentrification, increasing the odds that a neighborhood will gentrify by about 90 percent. The study suggests that cities should make concerted efforts to proactively address gentrification around new greenbelts or downtown adjacent parks, including policies and provisions for more affordable or inclusionary housing in neighborhoods surrounding these parks and efforts to create employment for less advantaged residents in the parks, or in developments that appear alongside them.
Los Angeles County has already included anti-displacement into its funding for new park projects. The County’s Regional Parks and Open Space District (RPOSD) attached a series of requirements onto its 2018 ballot measure establishing a tax to fund parks and recreation areas (County Measure A). Also, for cities to be eligible for competitive grants from County Measure A grant funding must show their city has approved antidisplacement policies and programs.
The LA River Master Plan also includes a Displacement Index that combines a variety of socioeconomic indicators to measure the risk of displacement based on 2017 research by the Urban Displacement Project, an initiative of the University of California at Berkeley. The LA River Master Plan identified Long Beach as having a very high need for displacement strategies to offset the impact of development of new parks and open space along the LA River. Future development is anticipated to have to protect current
42 DISPLACEMENT AND GENTRIFICATION
residents so that
they may remain
to enjoy the
benefits the new
parks and open
space may bring
without being
priced out of the
neighborhood.
43 There are several next steps that are critical to provide direction and lead to the successful acquisition of opportunity sites for parks. policy and associated acquisition strategy that lays out the anticipated acquisition goals, funding commitments (for match for future grant applications), along with funding for pre-grant community engagement and staffing costs necessary to be eligible and competitive for future grant funding. Cities/Counties like San Francisco, San Mateo, Santa Clara, and even the State of California and the National Park Service have open space acquisition policies that guide investment decisions.
POSSIBLE NEXT STEPS
Acquisition Policy and Next Steps
Real Estate and Land Use Next Steps
To fully understand costs of acquisition, professional services for acquisition would need to be funded. An appraisal from a certified appraiser would be required to identify comparable property sales, land use issues and evaluate the fair market value of each specific property. Environmental site assessments, conducted by Professional Geologists, would be procured to identify any potential contamination, clean up issues and cross-reference each site with the California Department of Toxic Substances Control and California Department of Conservation Geologic Energy Management Division. Further, acquisition consultants may be required if the parcels include any tenants that would require assistance with relocation.
Grant Funding Next Steps
Once due diligence has been conducted on opportunity properties, a funding strategy will need to be prepared. This would outline the projects, sources and budgets that align with available grant dollars and eligible expenses. The Department of Parks, Recreation and Marine has a single staff member dedicated to grant revenue generation, responsible for identifying, writing, accepting, managing, reporting and closing-out grants. The Department would need additional staff support for grant writing, grant management, and required multi-lingual community engagement in advance of any grant funding to successfully secure grants for property acquisition.
Identify City-owned Right-of-Way for Additional Park Space Long Beach could further evaluate the use of public right-of-way to identify new park space, which was not included in this Report. Long Beach has many opportunities to re-envision available public right-of-way to prioritize pedestrians and park-goers by closing streets for parks (like Gumbiner Park) or narrowing driving lanes for adjacent greenbelts (like Hamilton Loop), using railroad infrastructure (like the parks on former Pacific Electric Railroad right-of-way), or activating alleys for additional open space.
Continue County Discussions
Long Beach is currently discussing the possibility of developing open space on an 11- acre LA River-adjacent County property. The City can continue and expand these discussions to other County properties identified as part of the nine opportunity sites.
To get direction on park acquisition efforts, an item is recommended to be presented to the City Council that outlines the City’s acquisition 44 Exhibit 1 - City of Long Beach Park Impact Fee Nexus Study Summary
EXHIBIT APPENDIX
APPENDIX
From: Amy Harbin
To:
Cc: Scott Kinsey; Jonathan Iniesta
Subject: FW: Anthony Rendon"s Letter in Support of the Riverpark Coalition Date: Monday, March 29, 2021 4:57:55 PM
Attachments: Mayor Garcia support-for-senate-bill-1374-lower-los-angeles-river-recreation-and-park-district.pdf SAR Letter Open Space on LA River 3-19-21.pdf
020221 Alan Lowenthal-Support (2).pdf
Letter of Support_Riverpark (1).pdf
image004.png
image005.png
image006.png
Good Afternoon,
Although I believe this is more targeted toward the Self Storage Project across the I405, they do mention 712 Baker Street.
Amy
Amy L. Harbin, AICP
Planner
Long Beach Development Services | Planning
411 W. Ocean Blvd., 3rd Fl. | Long Beach, CA 90802
Office: 562-570-6872
To help balance the City’s budget during this economic downturn, some services are closed on alternating Fridays for staff furloughs (unpaid time off). These furloughs affect many operations in all City Departments and help prevent significant service reductions to the community. To see a schedule of impacted service days, visit www.longbeach.gov/furlough.
We appreciate your patience and understanding.
From:
Sent: Monday, March 29, 2021 4:12 PM
To: Mayor <[email protected]>; City Manager <[email protected]>; Kevin Jackson <[email protected]>; Amy Harbin <[email protected]>; Council District 1 <[email protected]>; Council District 2 <[email protected]>; Council District 3 <[email protected]>; Council District 4 <[email protected]>; Council District 5 <[email protected]>; Council District 6 <[email protected]>; Council District 7 <[email protected]>; Council District 8 <[email protected]>; Council District 9 <[email protected]>
Subject: Anthony Rendon's Letter in Support of the Riverpark Coalition Attachment L
-EXTERNALDear Mayor Garcia, City Council, Mr. Modica, Mr. Jackson, and Ms. Harbin:
We write to share with you the news that Speaker Anthony Rendon has issued an official letter endorsing the Riverpark Coalition’s goals of preserving the last remaining significant open spaces along the lower LA River from being paved over by developers.
Speaker Rendon’s letter joins those of Assemblyman Patrick O’Donnell and Congressman Alan Lowenthal.
3701 Pacific Place, 712 Baker St., and adjacent county lands together represent the largest remaining open space along the LA River in Long Beach. Commercially developing these parcels would destroy more than 25 years of plans to revitalize the LA River in Long Beach. It would ignore plan after master plan which have each designated these open spaces as the future crown jewels of the lower river.
Eastern Long Beach enjoys approximately 17 acres of park space per 1,000 residents while northern and western Long Beach (aka the Diesel Death Corridor) suffer from only 1 acre of park space per 1,000 residents. This is deeply unfair. Allowing these last open spaces to be paved over would strike a fatal blow at our chance to mitigate the severe park inequities that continue to plague our City.
As Speaker Rendon states in his letter, “We can re-imagine the River’s future, to give our communities access to open space.”
Rendon's words echo those of Mayor Robert Garcia in 2016, when Garcia wrote to then State Senator Ricardo Lara, in support of SB-1374, a successful bill to create the Lower LA River Recreation & Park District. Mayor Garcia wrote:
“The Los Angeles River flows through many disadvantaged communities, where residents are disproportionately impacted by poor air quality from local heavy industry and congested transportation corridors and suffer from a severe lack of access to recreational opportunities and outdoor space… [The river] presents a unique opportunity for open space development, urban greening, and is a relatively untapped recreational resource for the region.” If our Development Services, City Councilmembers, and City Managers allow this RV/self-storage project to occur, they will choose to accommodate a few wealthy individuals (most of whom do not reside in Long Beach) that can afford to leave our area in style for the great outdoors while the vast majority of residents in western Long Beach continue to suffer from lack of access to green space, nature, and clean air.
Along with Speaker Rendon, Assemblymember O’Donnell, Congressman Lowenthal, and our own Mayor Garcia, we urge you to recognize the need for acquiring, cleaning, and greening 3701 Pacific Place and 712 Baker St, the last significant open spaces in western Long Beach. Please do everything within your power to get Long Beach back on track with its own Riverlink Plan, the Lower LA River Revitalization Plan, and the LA River Master Plan. Please stop the developments on 3701 Pacific Place and 712 Baker St. Please build the River Park.
Kind regards,
Kimberly Walters
--
Kimberly Walters
Assistant Professor, International Studies, CSULB
Secretary, Riverpark Coalition
March 19, 2021
Honorable Robert Garcia
Mayor of Long Beach
411 West Ocean Boulevard, 11th Floor
Long Beach, California 90802
Dear Mayor Garcia:
The City of Long Beach has a long and vibrant history of protecting the Los Angeles River and access to open space along its banks. Today, I write in support of the City’s long-standing policy for recreational open space along the River and our community members, including the Riverpark Coalition, who advocate for that open space. Seven of the nine cities I represent include the River as part of their community, but enjoy only limited access to open space for community members to experience and enjoy.
Access to open space remains critical to the livelihood of our Los Angeles River communities.
Many of our communities suffer disproportionate impacts from pollution related to the goods movement corridor from the ports to the railyards. Access to open space in our River corridor therefore provides a critical community resource. Open space along the River helps our communities take ownership of the River as a valuable environmental resource, today and in the future. We can re-imagine the River’s future, to give our communities access to open space.
My Assembly Bill 530 (2015) created a Lower LA River Working Group, which engaged our communities in developing the Lower Los Angeles River Revitalization Plan (2018). The City of Long Beach played an active role in the Working Group to help develop the plan. The plan identifies opportunity areas for open spaces, social spaces and areas for recreation and cultural purposes along the river.
The City adopted a plan for its segment of the LA River in 2007, with the “Long Beach RiverLink.” It also envisions possibilities for an integrated open space system for the west side of Long Beach. Long Beach has already made progress in the past few years to provide park space that connects the community to the Los Angeles River, in areas like Deforest Park and the Dominquez Gap Wetlands to name a few. I hope to see more in the years ahead.
Honorable Robert Garcia
March 19, 2021