Bella Terra Development Agreement

Here is HB Tomorrow’s letter to the City about the Development Agreement for Bella Terra in 2011 [PDF]:

November 16, 2011

Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main St.
Huntington Beach, CA 92648

RE: Development Agreement No. 2008-001
Village at Bella Terra 10.40 acre Mixed Use Project

Dear City Council and Project Planner Jane James:

The city council and staff need to obtain tangible benefits that compensate the city and its citizens for the years of benefits the developer is getting if any parts of the request are approved. Please identify equal benefits proposed.

What is staff’s projected cost of the request of proposed offset to give the developer assurance and guarantees with the right to build? Staff is proposing to require applicant to pay offset cost to repair the north side of Center Ave. from Costco to 405 offramp as one facet of negotiating the development agreement. We support this staff request as an identifiable offset that will benefit this area impacted by 467 residential units and 30,000 sq. ft. of retail. At what point in the development process would this offset payment be requested?

The request to extend Tentative Tract Map 17261 for 10 years instead of 2 years with 2 year renewals causes the city to set pricing of land now for fees as a condo development. If the development is later phased with subdivision into multiple parcel maps, what would be the offset of fees per map for the additional maps? A 2 year map with automatic 2 year extension could allow applicant to identify if additional subdivision maps are needed however, city should not do offset projection now based on one map then later not collect fees for multiple maps for this parcel when values of land would be higher for smaller parcels.

Although it may take ten years as apartments before condominium final map(s) would be recorded if economy does not improve steadily, city does not want to make agreements now they are held to for ten years. Initial occupancy as apartments is a sound plan. We await news on what goes forward at Pacific City, a different mixed use project and ask is DJM Partners providing completion guarantees for Village at Bella Terra with any Map extensions?

How is city defining “applicable conversion regulations should the units be rented prior to creation of common interest development?”  The conversion regulations should include clarification of how fees will increase if Tentative Map 17261 is subdivided into multiple maps allowing phasing of the development. Apartment fees: based on per unit; Condo fees: based on land value. If apartment fee basis is agreed to initially as partial payment toward fees as condos, the balance should be payable no later than submission of request(s) for final map(s), not at certificate of occupancy based on condo land value then in place.

“Delay for sale park and dedication in-lieu fees until a later date:” If concessions are made in other areas above, public access to future walkway GWC to Bella Terra will be delayed. A specific date tied to approval of any additional subdivision maps going forward for payment of these fees should be agreed upon as part of the development agreement. The $250,000 for the walkway should not be delayed due to subdivision of this site.

We look forward to receiving more information to clarify any changed components of the development agreement, support staff recommendation for Center Ave. and urge City Council to consider carefully the effects of agreements made on future city revenue as a result of development agreement requests by applicant for Village at Bella Terra.

Respectfully submitted,

Huntington Beach Tomorrow
Beach-Edinger Corridor Subcommittee

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