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Home My WebLink AboutGeneral Plan Conformance GPC2009007 - Supporting DocumentsI EBI) 1909 '. i February 17, 2011 To whom it may concern OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK RECEIVED FEB 2 2 2011 Dept of Planning & Building The City Council of the City of Huntington Beach at the regular meeting held on October 18, 2010 adopted Resolution No 2010-77 - "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of the Excess Highway Slope Easement East of Newland Street, North of Edison Way" and Resolution No 2010-78 "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of the Public Frontage Road at the Southeast Comer of Beach and Atlanta " Enclosed are copies of Resolution Nos 2010-77 and 2010-78 for your information and use an L Flynn, City Cle , CMC JF pe Enclosures Copies to RDMD Geomatics O C Water District O C Assessor's Office Registrar of Voters - Map Section O C County Clerk So Ca Edison Co Vince Cichoski Thomas Bros Maps H B Main Post Office - Warner So Ca Edison Co Jerry Dominguez O C Sanitation District H B Postal Substation - Atlanta So Ca Gas Co - Ray Turuno H B Postal Substation - Olive So Ca Gas Co - Joe Carton In-house So Ca Gas Co - Bob Worth Public Works Hopkins/Wagner Planning Transportation Dist 12-Maintenance Div Transportation Dist 7-Traffic Division Hess Fire Metro Net Communication Center 0 C Board of Supervisors Water Ops Manager Postal Service Address Mgmt Systems Metro Water District of Southern California Fire Department Map Maker Police Chief Emerg Svc Coordinator (Fire) •c ot of Hu ntin lMn Beach 2000 Main Street ° Huntington Beach, CA 92648 Mo Sister Cities Anjo, Japan o Waitakere, New Zealand (Telephone 714-536-5227) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: City of Huntington Beach Attn: Joan L. Flynn AND WHEN RECORDED MAIL TO: City Clerk's Office P. 0. Box 190 Huntington Beach, CA 92648 TITLE OF DOCUMENT: This Document s electronically recorded by City Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111101111111011INO FEE 2010000572812 12:24pm 10/29/10 217 405 R28 13 0 00 0.00 0 00 0 00 36 00 0.00 0.00 0 00 THIS SPACE FOR RECORDER'S USE ONLY RESOLUTION NUMBER 2010-78 TMs dom="t is Solely forthe of U* CRY &1300ch,8S C "wed underCods Sec. 8103 andshould be recordedbeeof c m g THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RESOLUTION NO. 2010-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THE PUBLIC FRONTAGE ROAD AT THE SOUTHEAST CORNER OF BEACH AND ATLANTA WHEREAS, on August 16, 2010, the City Council of the City of Huntington Beach adopted Resolution No. 2010-58 declaring its intention to vacate the public frontage road at the southeast corner of Beach and Atlanta, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation; and Said resolution fixed the time and place of October 18, 2010, at the hour of 6:00 P.M., or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution. Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. On October 18, 2010 at the hour of 6:00 P.M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said public frontage road is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes. NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the public frontage road at the southeast corner of Beach and Atlanta is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the public frontage road at the southeast corner of Beach and Atlanta is hereby vacated; and that the section so vacated is more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. 07-1130 003/53166 vacate • WDH Consulting Services Development Strategies and Solutions Febniary 9, 2010 Mr. Blair Farley, Chair Planning Commission 2000 Main Street Huntington Beach , CA 948 Subject- General Plan Conformance IYo. 89-007 Beach Boulevard Frontage Road Vacation Chairman Farley and Commissioners., FEB 0 q 2010 Huntington Beach PLANNING DEPT I represent Bijan Sassounian , majonty owner of the Beach Promenade Shopping Center, located at the southeast comer of Beach Boulevard and Atlanta Avenue. As you know, Mr. Sassounian has been working for many years on various plans to improve the viability of the Beach Promenade center, which suffers from poor access to Beach Boulevard due to intervening frontage road and undeveloped frontage strip. We encourage the Planning Commission to take the first critical step in this process by approving the recommended Resolution No. 1641 and findings as recommended by staff. This request has the full support of all of the shopping center owners and many of the neighbors from the surrounding residential developments There is one point of clarification we would ask the Planning Commission to make as part of its action on this item, if appropriate - At the end of the Project Description in the Project Narrative on Attachment 3.1 to the staff report, staff indicates, the City will reserve and record an easement over the entire Public Frontage Road " for maintenance of water facilities until such time as existing water facilities are relocated to the public right of way along Beach Bouleva rd. There is an existing 8-inch City water main located under the sidewalk on the east side of the frontage road which provides service to several existing water meters and fire hydrants now serving the center and should be protected. We have no issue with protecting this litre, but request that any such easement reserved or recorded by the City encumber o Lthe easterly lea feet of the vacated frontage road rather than the entire parcel. I believe the Public Works Department has verbally concurred with this request. 'Thank you for your consideration of this request Very truly yours, Bill Holman cc. Tess Nguyen Bob Milani Bijan Sassounian LATE COMMUNICATION #D-1 PC MTG 2-9-2010 21190 Beach Boulevard (949) 887-0118 Huntington Beau. CA 92648 bhelman2OO8 gmaFLcam TAGS ROADFRONEACH GENERAL PLAN CONFORMANCE NO. 09-007 Applicant: Public Works Department Location- East-side of Beach Boulevard; South of Atlanta Avenue Date: February 9, 2010 F EQ ES1 -GENERAL PLAN CONFORMANCE To determine if the proposed vacation of the frontage road along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue is in conformance with the goals, objectives, and policies of the General Plan i LATE COMMUNICATION #D-1 PC MTG 2-9-2010 • PROJECT ;t PROJEC • LOCATIION LOCATION East side of Beach Boulevard, South of Atlanta Avenue ASURROUNDINGS North South and West Multi-Family Residential East Beach s y Promenade Shopping 9' o Center a, 1143 1 A II AL U S S Intent of Proposed Vacation: To vacate the City's interest in the frontage road and allow the private developer to merge it with privately' owned properties to east and west in order to enlarge and expand the existing shopping center 2 PROJEC History of the Site: AN A LYSDS In 1966, the land was deeded from Deane Brothers to the State for freeway and. frontage road use In 1968, the State relinquished the frontage road portion of the right-of-way to the City In 1983, the State relinquished the other portion of the right-of-way to the Sassoon- Mayer Development Company P SRO EC ANALYSS0S Current Use: The public portion of the right-of-way is used as a frontage road, providing access to the Beach Promenade shopping center and the Huntington Breakers Apartments 3 PROJEC A NAL u S S Consistency with General Plan: Allow for the expansion of the existing shopping center in providing a range of commercial uses to support the needs local residents and visitors to the City Will not have a detrimental impact on the circulation system because the frontage road is determined to be excess right-of-way, RECOMMENDA Staff is recommending: SON Approval of General Plan Conformance No. 09-007 with the finding that the vacation is in conformance with the goals, objectives, and policies of the General Plan 4 City of Huntington Beach Planning and Building Department STUDY SESSION REPORT HUNTINGTON TO: FROM: BY: DATE: Planning Commission Scott Hess , AICP, Director of Planning and Building Tess Nguyen, Associate Planner January 26, 2010 SUBJECT: GENERAL PLAN CONFORMANCE NO. 09-007 (BEACH BOULEVARD PUBLIC FRONTAGE ROAD VACATION) APPLICANT: Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: East side of Beach Boulevard, south of Atlanta Avenue PROJECT RE UEST AND SPECIAL CONSIDERATIONS General Plan Conformance No 09-007 represents a request, pursuant to Section 65402 of the California Government Code, by the City of Huntington Beach Public Works Department to determine if the vacation of the frontage road along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue is in conformance with the goals, objectives, and policies of the General Plan The intent of the request is to vacate the City's interest in the frontage road and allow the private developer to merge it with the privately owned properties to the west and east in order to enlarge and expand the existing shopping center (Beach Promenade) The frontage road right-of-way encompasses approximately 90,340 square feet The land was deeded from Deane Brothers to the State of California in 1966 for freeway and adjacent frontage road use In 1968, the State of California relinquished the frontage road portion of the right-of-way to the City of Huntington Beach In 1983, the State of California relinquished the other portion of the right-of-way (vacant strip of land to the west of the frontage road) to the Sassoon-Mayer Development Company The public portion of the right-of-way is currently used as a frontage road, providing access to the Beach Promenade shopping center and the Huntington Breakers Apartments The portion of the frontage road to the south of the Beach Promenade shopping center which services the Huntington Breakers Apartments will remain SS #A-3 CURRENT LAND USE HISTORY OF SITE ZONING AND GENERAL PLAN DESIGNATIONS LOCATION GENERAL PLAN ZONING LAND USE Subject Area Right-of-Way Right-of-Way Frontage Road North (across Atlanta Avenue),RM- 15 (Residential RM (Residential Medium Single and Multi-Family South, West (across of Beach Medium Density-Max 15 Density)Residential Uses Boulevard) of Sub ect Area du/ac) East of Subject Area CG-F1 (Commercial CG (Commercial General)Beach Promenade General-Max 0 35 Floor Shopping Center Area Ratio) APPLICATION PROCESS AND TIMELINES DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE S December 18, 2009 January 27, 2010 (40 days from complete application) General Plan Conformance No 09-007 is tentatively scheduled for action by the Planning Commission on February 9, 2010 The Public Works Department will subsequently submit the frontage road vacation request to the City Council for final approval CE A ANALYSIS/REVIEW: The proposed project is categorically exempt pursuant to City Council Resolution No 4501, Class 5, which supplements the California Environmental Quality Act (CEQA) because the request is a minor street vacation COMMENTS FROM CITY DEPARTMENTS AND OTHER PUBLIC AGENCIES: No comments regarding General Plan Conformance No 09-007 have been received from other City departments or agencies The Public Works Department is in agreement with the request PUBLIC MEETINGS COMMENTS AND CONCERNS: No public meetings have been held regarding this General Plan Conformance request PLANNING ISSUES The only issue to consider as part of this request is the project's conformance to the City's General Plan The following goals, policies and objectives pertain to the right-of-way vacation A Land Use Element LU Goal 2 Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services PC Study Session Report - 01/26/10 -2- (10srl I GPC 09-007 SS) Goal LU 10 Achieve the development of a range of commercial uses LU Ob ective 10 1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach recreational resources B Economic Develo ment Element ED Ob ective 2 4 Revitalize , renovate , and expand the existing Huntington Beach commercial facilities while attracting new commercial uses ED Polic 2 4 3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area Beach Boulevard and Atlanta Avenue currently provide sufficient access to the surrounding commercial and residential uses The frontage road is no longer necessary to support the circulation needs of the adjacent uses The frontage road vacation for private ownership would allow for the expansion of the existing shopping center, offering a range of commercial uses that would support the needs and reflect market demand of local and regional residents and visitors The additional commercial uses would complement existing uses in the shopping center C Circulation Element CE Ob ective 1 1 Balance the circulation system with the circulation demands generated by the implementation of the City's Land Use Element CE Goal 2 Provide a circulation system which supports existing, approved , and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections Since the frontage road is determined to be excess right-of-way and not required for circulation purposes, the frontage road is no longer necessary for existing and prospective public use The vacation of the frontage road will not have a detrimental impact on the circulation system ATTACHMENTS: 1 Vicinity Map - Frontage Road Vacation 2 Project Narrative Dated November 18, 2009 PC Study Session Report -01/26/10 -3- (10sr11 GPC 09-007 SS) • B1 \ I( L\I 1 \\1\1' I `1 IZ i 1'1 V N 01't)t(\I \.r I_ ti 1iDi1(9" t 11 RtOl l.1' 1 \1.11 1' ROv: \t,l • PROJECT NARRATIVE • Project Beach Promenade Shopping Center - Public Frontage Road Vacation Address. 21018 - 21190 Beach Boulevard (East side of Beach Boulevard, south of Atlanta Avenue) Application General Plan Conformance - Street Vacation Entitlement EPA 2009-09 (Amending CUP 2008-13 and VAR 2008-07) and TPM 2009-79 L5 V Applicant City of Huntington Beach - Department of Public Works Contact Bob Milani, Senior Civil Engineer Tel (714) 374-1735 NOV18 2009 Date November 18, 2009 Huntington Beach PLANNING DEPT Project Back round The proposed project is commonly known as the Beach Promenade Shopping Center project CUP 2008-13 and VAR 2008-07 were approved by the City Council on May 4, 2009 for the remodel of the existing shopping center which encompasses six buildings and 344 parking spaces on 6.74 acres of land However, after further discussion and negotiation with the City staff and direction from City Council, the Applicant amended the application to include a proposal to expand the shopping center by acquiring a City-owned Public Frontage Road along Beach Boulevard and merging it with the shopping center and a strip of Applicant-owned property to the west The amended project, under EPA 2009-09 and TPM 2009-79, would allow for further expansion of the existing parking and landscaping improvements and would create three new parcels and the associated building pads for future retail buildings Project Descri tion A thorough review of the Public Frontage Road was conducted by staff and)it was determined that the frontage road is excess nght-of-way and not required for street or highway purposes, that the frontage road is unnecessary for existing or prospective public use, and that vacating the frontage road would not conflict with policies in the General Plan, or the requirements of the Orange County Congestion Management Program (CMP) and Master Plan of Arterial Highways (MPAH). As a result, the City of Huntington Beach is moving forward with the vacation of the said Public Frontage Road through a General Street Vacation process (Plat Map and Legal Description attached). As mentioned above, the intent is to vacate the City's interest in the frontage road, and to allow the Applicant to merge it with another Applicant-owned property to the west, in order to enlarge and expand the existing shopping center The proposed project would entail the remodeling of the existing building facades, reconfiguration of the existing parcels to create three new parcels, construction of three new building pads, and the installation of the associated on and off-site improvements Currently, the site is comprised of six parcels totaling approximately 6.74 acres. Adding the vacated Public Frontage Road, the adjacent westerly Applicant-owned property, and reconfiguring the existing parcels, would result in a total of nine parcels within approximately 9 42 acres (See attached exhibits for the depiction of the existing and proposed parcels). The developer is required to file a Tentative and Final Parcel Map in order to achieve the desired configuration and number of parcels It should be noted that the Public Frontage Road to be vacated contains an existing 8-inch public waterline that serves the public for existing fire hydrants, services for fire protection, domestic water and landscape purposes While vacating the Public Frontage Road, the City will reserve and record an easement over the entire Public Frontage Road for the maintenance of these facilities The said easement shall remain in effect until the Applicant relocates the existing water facilities from within the Public Frontage Road to the adjacent public right-of-way along Beach Boulevard, after which the easement may be removed to allow for unencumbered on-site construction Applicant. Bob Milani City of Huntington Beach Department of Public Works 1-100 - 09 Date ATTACHMENT NO,A , I Y COR SEC 13 T f,R11 W, SBM PER PM 94-590 (N89'37'06"E) 30' PARCEL 2, PM 84-590, 202/48-50 PM k-88 W'LY LINE SEC 13 T6S, R11 W, SBM < nnrn = rrnnW G ° PARCEL 2, PM 84-590, 202/48-50 PM 0J 00 0 PARCEL 2, PM 84-590; 202/48-50 PM L---110' 1 5' ' 8' ( 6/18 PM 6/18 PM EXHIBIT B SHEET 1 OF 3 GRAPHIC SCALE -----1 1 inch =150 ft N'LY LINE 150 1 0 75 150 PARCEL 1 PM 84-590 202/48-50 PM I IN FEET ) 8' EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Y LINE SEC 13 S, R11 W, SBM ATLANTA AVE .. .. + .. 0 0 . 0 0 0 O ® O 0 . . 0 0 O O O O O O 0 0 006 000 000 0 0 00 44/40 PM 15/16 PM w .. 0 . 00 . 0 . . . O 0 0 0 0 . 0 0 .. . 0 it 0 0 0 00 )= RECORD PER PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS =PORTION OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN 8526/461 0 R , ALSO BEING A PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK 5, PAGES 45 AND 46, AS DESCRIBED IN EXHIBIT A, 90,340 SQ FT, (2 07 ACRES) 0 THIS MAP WAS PREPARED FOR LNANC£COUNTY ASSESSOR DEPT PURPOSES ONLY THE ASSESSOR A4AE5 NO CUARWIEE AS TOITS ACCURACY NOR A55UAES ANr LIABILITY FOR OTHER USES Nor To 82 REPRovuckoALL RICRTS RESERVEDO COPYRIGHT ORANGE COUNTY ASSESSOR 2004 SCNOOSERCANE LANE $ 5(I:TsN4 I3 E44! PFcMi"DE 50140? 044% G EXIVZiNq GIT I-Ol3PeD FReNTI 46 ROAD To as Ln TRACT SEE RIDE e S SURFWODO ISO 5DI- S!t R40£ S SEE PAGE S SEE PAW 4 SEE ROOF 7 NO 5581 Q C. 0 5.30 AC RCR2aoa l0 R , d m IS 4 Y ® P W 12 i.ia µ69A6 G, c ed-t7 C O P ee7AC PA( 6-I8 RM 44 n 4 !• v r PK 15-166 R M a-Tg PA( 202-48>4 PAR S 4BEACH (FRONTAGE 4,DJ 80ULr 0 1e till" POI'. K' 1/2. NW 1/4. SEC. 13. T 6 S. R 11 W 03 B B SEAC6 STHr cF LAa -`To M* c+G MARCH 1965 24-29 (NAMPSN/RE AWE)(NYAVT/NOTOR BEAP/BLNA) SEE P40E 6 CNESTERFTELO LAME 8URIN47PV LANE J pump 48 PAR I 73/3 4C N SUNRISE OR SOUL EVARD 24-31 TRACT 5581 M.M. 205-36 to 42 INC. NOTE - ASSESSOR'S BLOCK d PARCEL MAP P.M 25-27. 202-48 PARCEL NUMBERS SHOWN IN CIRCLES EX i s I iw c% Ass5oRs P^zc co- MA; SEE RACE B B ASSESSOR'S MAP BOOK 148 PACE 02 COUNTY OF ORANGE 148-02 PAGE I OF 8 1'-200' • ••r nlnur r olnaroa xaraamrlellmwxx9a11SIHX3 dIHSN13NMOVNl.LS')c'_ _ - _ _ ,Kerr .rrmmm1 -- - ' - - r - 16179 JB _w _ _ - - _ _ __=---_-_ -- -. =v:-------------------}5 - _ Lti Ab sC /co1IY ,o-,4' tl r_TPe[,mam i Jurmy i Ct I (-` 1bYlo[i innm.Q__-... uvcro_- ao scoeoo-ze,'yy`mm ..nom.tt!laON IN3M111994•( sar ero s"SSS#Sr 671el/n mIW0 9XI60Z I1 pb 6021r ud I y $7emei,,l,,ti„ ry ,`yl.-_ __- _illm ` - -' {ram •ymuHW CQRMR OF IKI'4 ift1C SEC a-6- I_(ss 5010-/- ___or/It lld vZ l]d fi r ]5 1bll x 14 b B 'Vl lc tA . I q HUNTINOTON BEACH CHANNEL J 6AANOfi A PART 2 3 INE RELEXISTINGLINE TO TO RE..NMAIN PARCEL 1 062 'CBEs US EXISTING N LY & BR LYPARCEL LINES OFPARCEL 3 PUB IS/IB ]r TO REWUN I L 6 EL1161 ]IIl a]] EXISTING PARCEL LINES TO REMAIN PARCEL 2 PARCEL6 PUB 26/2] 0 66 .CBEs EXSTING PARCELLINES TO BE REMOVED PAR EL 3 PMT 15/IB PARCELS 6..2006 PARCEL 4 2' .PfCS_ PARCEL2 0 w .OIEt EXISTING PARCEL FRONYAOE ROAD LINES TO 00 REMOVED 31 .8PARCEL 2 PAR 202/ 2iT N N A BEACH BOULEVARD 17gOOSED =ASS &OC SSIATES aas Xm5 o.A cm . mlza r. ml. 1 EXHIBIT FOR TENTATIVE PARCEL MAP NO 2009-122 BEACH PROHENAD& LLC HUNTTNGTON BEACH, CALIFORNIA 6n-18.602 a N 06nA.Ne n rcxeclcEP 6RSET Dr FRONTAGE ROAD-BEACH BOULEVARD AND ATLANTA AVENUE APPLICATION General Plan Conformance GPC No . 2009-007 (Frontage Road Vacation) DATE OF SUBMITTAL November 18, 2009 APPLICANT Bob Milani City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 PROPERTY OWNER City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 REQUEST To vacate the frontage road (approximately 2 07 acres) along Beach Boulevard, south of Atlanta Avenue PROJECT LOCATION 21018-21190 Beach Boulevard (SWC of Edinger Avenue and Goldenwest Street) GENERAL PLAN CG-F1 (Commercial General-0 35 Floor Area Ratio) ZONING CG (Commercial General) Frontage Road Size 90,340 5f or 2 07 acres Use excess right-ofway-unnecessary for existing or prospective public use does not conflict with the requirements of the OC Congestion Management Program (CMP) and Master Plan of Arterial Highways (MPAH) Intent vacate the City's interest in the frontage road and allow the landto be merged with the adjacent shopping center REQUIRED ENTITLEMENTS General Plan Conformance (PC)-General Street Vacation Page 1 of 2 FRONTAGE ROAD-BEACH BOULEVARD AND ATLANTA AVENUE APPLICATION SUBMITTAL CODE REQUIREMENTS PLAN CORRECTIONS ISSUES STAFF RECOMMENDATIONS Page 2 of 2 CALIFORNIA CODES-STREETS AND HIGHWAYS CODE-SECTION 8355-8357 8355 If the legislative body of a public entity determines that property previously subject to a street, highway, or public service easement, title to which is owned by the public entity, is no longer needed by the public (a)In the case of property owned by a local agency, the legislative body may sell or exchange the property in the manner,and upon the terms and conditions, approved by the legislative body (b) In the case of property owned by the state, the department shall dispose of the property as provided in Section 118 8356 (a) Notwithstanding Section 8311, if a street or highway is vacated by a local agency under this part, or under any other law or under its charter, for the purpose of opening a new street or highway in lieu of that vacated, the legislative body of the local agency may, by resolution, unless otherwise provided in its charter, convey by deed its interest in the street or highway vacated to the owners of the lands adjacent to or fronting on the street or highway in such manner as it deems that equity requires (b) If title to the property occupied by the vacated street or highway is owned by the local agency, the legislative body may impose any reasonable conditions, or demand compensation by exchange of lands, or otherwise, before conveying the property (c) The deeds provided for in this section shall not be delivered to the grantees named in the deeds, until good and sufficient conveyances vesting in the local agency the title to the new street or highway opened in lieu of the street or highway vacated are delivered to the local agency (d) The authority granted in this section is permissive and does not affect any authority the local agency may have to hold the property for public use, dispose of the property by public bid, or take any other action with respect to the property authorized by law 8357 The purchase price for any property sold by the legislative body of a local agency pursuant to this article shall be paid into the treasury of the local agency to the credit of any fund, available for the same purposes for which the property was used, that the legislative body designates CALIFORNIA CODES-STREETS AND HIGHWAYS COPE-SECTION 8350-8353 8350 Except as provided in Chapter 5 (commencing with Section 8340), the vacation of a street, highway, or public service easement extinguishes all public easements therein 8351 Except as otherwise provided in Chapter 5 (commencing with Section 8340) or in this chapter, upon the vacation O( a street, highway, or public service easement (a) If the public entity owns only an easement for the street, highway, or public service purpose, title to the property previously subject to the easement is thereafter free from the easement for use for street, highway,or public service purposes, but not from any easement for vehicular or nonvehicular trail use that the public entity has previously granted to any other state or local public agency If the easement is abandoned by resolution of the state or local public agency that was granted an easement for vehicular or nonvehicular trail use, the title to the property previously subject to the vehicular or nonvehicular easement is thereafter clear of the easement (b) If the public entity owns the title, the legislative body may dispose of the property as provided in this chapter 8352 (a) Except as provided in Section 8353, vacation of a street, highway, or public service easement pursuant to this part does not affect a private easement or other right of a person (including, but not limited to, a public utility, the state, a public corporation, or a political subdivision, other than the local agency adopting the resolution of vacation) in, to, or over the lands subject to the street, highway, or public service easement, regardless of the manner in which the private easement or other right was acquired (b) A private easement or other right described in subdivision (a) is subject to extinguishment under the laws governing abandonment, adverse possession, waiver,and estoppel 8353 (a) Except as provided in subdivision (b), the vacation of a street or highway extinguishes all private easements therein claimed by reason of the purchase of a lot by reference to a map or plat upon which the street or highway is shown, other than a private easement of ingress and egress to the lot from or to the street or highway (b) A private easement claimed by reason of the purchase of a lot by reference to a map or plat upon which the street or highway is shown is not extinguished pursuant to subdivision (a) if, within two years after the date the vacation is complete, the claimant records a verified notice that particularly describes the private easement that is claimed in the office of the recorder of the county in which the vacated street or highway is located (c) Nothing in this section shall be construed to create a private easement, nor to extend a private easement now recognized by law, nor to make the rights of the public in or to a street or highway subordinate to a private easement Nothing in this section affects the right of the owner of property that was subject to the vacated street or highway to commence an action to quiet title as against any claim of a private easement of any type, whether before or after recordation of a verified notice pursuant to this section CALIFORNIA GOVERNMENT CODE SECTION 65402 (a)If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as maybe designated by the legislative body. if the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes, (2) acquisitions, dispositions, or abandonments for street widening, or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified In paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, 1 or such public building or structure have been submitted to and reported upon by the planning agency having Jurisdiction, as to conformity with said adopted general plan or part thereof Failure of the planning agency to report within forty (40) days after the matter has been submitted to t shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a)nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, f such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having Jurisdiction, as to conformity with said adopted general plan or part thereof Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof if the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries Local agency does not include the state, or county, or a city. 2 I RESOLUTION NO. 4501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING EXISTING POLICIES, OBJECTIVES, CRITERIA AND PROCEDURES FOR EN- VIRONMENTAL EVALUATION OF PUBLIC AND PRIVATE PROJECTS Pursuant to Section 9720 of the Huntington Beach Ordinance Code, the City Council of the City of Huntington Beach hereby adopts the following provisions as amended to supplement and implement the California Environmental Quality Act of 1970. SECTION 1. ENVIRONMENTAL APPLICATIONS . An environmental application shall be filed in a form prescribed by the Department of Environmental Resources for all projects unless the project is exempt under the provisions of CEQA or exempt under the regu- lations of the City of Huntington Beach. All other applications required by the City of Huntington Beach for the project shall be filed concurrently with the environmental application. SECTION 2. FEES. Upon filing the environmental applica- tion , the applicant shall pay an administrative processing fee of seventy -five dollars ($75). If the environmental evaluation of the project is determined by the Department of Environmental Resources or the Environmental Review Committee to require an environmental impact report , the applicant must post a deposit in the amount of the estimated cost of the EIR prior to the city's undertaking preparation of such EIR. If the actual cost of the environmental impact report is less than the estimate, a refund of the difference between the actual cost and the es- timated cost shall be made to the applicant . If the actual cost exceeds the estimated cost , the applicant shall reimburse the city for the difference. Where an EIR is required , in addition to the 1. I actual cost of preparation of the EIR, the applicant is re- quired to pay an administrative processing fee based on the project value as follows: Pro'ect Value Administrative Fee 0 - $ 1,000,000 $ 1,000 ,000 - $ 2,500,000 $ 2,500 ,000 - $ 5,000,000 $ 5,000 ,000 - $ 7,500,000 $ 7,500 ,000 - $10,000,000 $400 $400 plus $4 for each $100,000 of project value over $1,000,000 $460 plus $3.50 for each $100,000 of project value over $2,500,000 $550 plus $3 for each $100,000 of project value over $5,000,000 $625 plus $2.50 for each $100,000 of project value over $7,500,000 $10,000 ,000 and over $690 plus $2 for each $100,000 of project value over $10,000,000 up to $1,500 , after which the fee shall be set by the Environmental Review Committee SECTION 3. EXPIRATION OF ENVIRONMENTAL APPROVAL. Environ- mental documents approval by the discretionary body shall run concurrently with the approval of the project , unless there are substantial changes proposed which will require major revisions in the environmental documents , in which case new environmental documents shall be submitted at the time of reapproval of such project. SECTION 4 . ENVIRONMENTAL REVIEW COMMITTEE ENVIRONMENTAL EVALUATION PROCEDURES . The procedure for environmental evaluation by the Environmental Review Committee is depicted in the flow diagram attached as Addendum No. 1 and incorporated herein by reference . The criteria to be used by the Environmental Review Committee for evaluation of potential environmental effects shall be in accordance with CEQA and the guidelines promulgated by the State Office of Planning and Research . The following documents shall be filed at the time of the application for environmental evaluation: 2. 1 1 I (a) Four (4) copies of the environmental application shall be filed with the Environmental Review Committee; (b) Four (4) copies each of the following data must accom- pany the environmental application: (1) Plot plan drawn to scale, (2) Location and elevation of structures, both ex- isting and proposed, (3) Location and size of existing trees and shrubs, (4) Parking plan and access from adjacent streets, (5) Landscaping, fencing and wall proposed, if any, (6) Topography and any unique features of the land, (7) Photographs of the project area sufficient to de- pict pictorially existing physical conditions of the pro- posed project area. SECTION 5. DEPARTMENT OF ENVIRONMENTAL RESOURCES ENVIRON- MENTAL EVALUATION PROCEDURES. The procedure for environmental evaluation by the Department of Environmental Resources is de- picted in the flow diagram attached hereto as Addendum No. 2 and is incorporated herein by reference. The criteria to be used by the Department of Environmental Resources for evaluation of po- tential environmental effects shall be as provided in CEQA and the guidelines promulgated by the State Office of Planning and Research. The documentation filed with the Department of Environmental Resources shall be identical with that required under Section 4 hereinabove, except that only two (2) copies of each document are required. SECTION 6. CATEGORICAL EXEMPTIONS. Pursuant to the imple- mentation guidelines of the California Environmental Quality Act each public agency shall list in its procedures those specific activities which fall within each of the exempt classes estab- lished in the Act. To that end the following list of categorical exemptions is hereby established: A. C.E.Q.A. Exem tions. All categorical exemptions established In S. 15100 et seq. of the Guidelines for Implementation of the 3. 1 I I the California Environmental Quality Act of 1970 as there- after amended are hereby incorporated by reference. B. Other Exem tions . The following list of additional exemp- tions recognized by the city are further declared to be con- sistent with both the letter and intent of the California Environmental Quality Act. 1. Class I: Existin Facilities. The operation, repair, maintenance or minor alterations of (a) Existing highways and streets (within already es- tablished ri hts-of-wa railroads and navigable waterways , bridle trails service roads fire lanes and olf cart aths. (b) Outdoor li htin for security and o erations. (c) Interior or internal modifications to established areas which are full developed within lar er environ- ment of arks or recreation centers where such in- terior or internal modification is essentiall a rearran ement rather than additive function. (d) Renewal of any lease license or ermit to use ex- istin structure or facilit for the use involved ne li ible or no ermanent effects on the environment rovided that such renewal does not involve a dis- cretionar a royal and is not in conflict with the Huntin ton Beach Munici al and Ordinance Codes. 2. Class IV: Minor Alterations to Land. Minor alterations in the condition of land, water , and/or vegetation which do not involve removal of trees except for agricultural purposes including: (a) New gardening , tree lantin , or landscaping but not includin tree removal except trees or limbs deter- mined to be dead damaged or diseased by the Director of Public Works. (b) The renewal of an lease license or ermit to use land where the use involves ne li ible or no ermanent 4. 1 1 I effects on the environment. 3. Class V: Alterations in Land Use Limitations. Minor alterations including: (a) Minor street alle and utility easement vacations (b) Consolidation of lots and /or arcels 4. Class VI: Information Collection . Class VI consists of basic data collection , research , experimental management and resource evaluation activities which will cause no chan es or onl minor hysical than es on the site where the information is bein collected . These may be for strictly information gathering purposes , or as part of the study leading to an action which a public agency has not yet approved , adopted , or funded . This includes but is not limited to: (a) Permits for test holes in ublic areas which will be used for en ineerin evaluation for streets sewers storm drains buildin or utilit installation. (b) Basic data collection field testin research ex- erimental management and resource activities of cit de artments which do not result in a serious or major disturbance to an environmental resource. (c) Accumulation of basic research data on rivate ro - ert for re aration of an EIR. 5, Class IX: Ins ections . Class IX consists of activities limited entirely to inspection, to check for performance of an operation or quality , health or safety of a project including related activities such as inspection for pos- sible mislabeling , misrepresentation , or adulteration of products . This includes but is not limited to activities of cit de artments bureaus divisions sections offices, or officers limited entirel to ins ection to check the erformance of an o eration or the ualit health or safet of a ro ect. 6. Class XI: Accessor Structures . Class XI consists of 5. 7- 1 I construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, institu- tional, and lanned develo ment facilit . These include, but are not limited to: (a) Small parking lots, five s aces or less. (b) Game courts la e ui ment drinkin fountains restrooms. (c) Placement of seasonal or tem orar use items such as lifeguard towers mobile food units and similar items and enerally the same locations from time to time u on ublicly-owned ro erty. 7. Class XX: Chan es in Or anization of Local A encies. Ado tion of ordinances (exce t zonin ) which establish or amend rocedures for reviewin an activity or which re uire subse uent discretionar action which is subject to C.E.Q.A. Also minor amendments to zonin ordinances that do not chan e the develo ment standards intensit or densit of such districts are exem t under this cate or . SECTION 7. Resolution No. 4397 and all other resolutions in conflict herewith are hereby repealed.. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of August, 1977. ATTEST: / By Alicia M. Wentworth City Clerk Deputy City Clerk Mayor APPROVED AS TO FORM: City Attor ey M .T. REVIEWED AND APPROVED: INITIATED AND APP VED: i Administrator 6. irecto f P anning rbd$ fE22W WIIiii 1 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) RV. No.4501 I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 1st day of August ,19 77 , by the following vote: AYES: Councilmen: Bartlett Wieder Coen Gibbs Siebert Shenkman Pattinson NOES: Councilmen: None ABSENT: Councilmen: None Alicia M. Wentworth I City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clerk 0 ATTACHMENT #1 • • RESOLUTION NO 2010-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THE PUBLIC FRONTAGE ROAD AT THE SOUTHEAST CORNER OF BEACH AND ATLANTA WHEREAS, on August 16, 2010, the City Council of the City of Huntington Beach adopted Resolution No. 2010-58 declaring its intention to vacate the public frontage road at the southeast corner of Beach and Atlanta, and referring to maps and plans on file in the office of the City Clerk for particulars as to the proposed vacation, and Said resolution fixed the time and place of October 18, 2010, at the hour of 6:00 P.M , or as soon thereafter as the matter could be heard, in the Council Chambers in the Civic Center, for hearing all persons interested in or objecting to the proposed vacation, which time was not less than fifteen (15) days from the passage of this resolution Notices of vacation were posted conspicuously along the easement section proposed for vacation, and such notices were posted not more than three hundred (300) feet apart and at least three (3) were posted. On October 18, 2010 at the hour of 6.00 P M., in the Council Chambers in the Civic Center, the City Council of the City of Huntington Beach did convene for the purpose of hearing all persons interested in or objecting to the proposed vacation, at which time no acceptable objection was made to said vacation, and evidence was presented showing that said public frontage road is not necessary for present or prospective public uses and its not suitable for use or development as bicycle paths or routes NOW, THEREFORE, the City Council of the City of Huntington Beach, pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code, commencing with Section 8320, does resolve that the public frontage road at the southeast comer of Beach and Atlanta is not necessary for present or prospective public use, and is not suitable for use or development as bicycle paths or routes, and it is hereby ORDERED that the public frontage road at the southeast corner of Beach and Atlanta is hereby vacated; and that the section so vacated is more particularly described and depicted on Exhibits A and B attached hereto and incorporated by this reference. • 07-1130 003/53166 vacate •Resolution No 0-78 The City hereby reserves and excepts from the vacation a permanent easement and right at any time or from time to time, to construct, maintain, operate, replace, remove, and/or renew water lines, and for the transportation or distribution of water including access to and from the property for said purpose, all as more particularly described and depicted on Exhibits C and D attached hereto and incorporated by this reference PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of 2010 Mayor REVIEWED AND APPROVED City Administrator 07-1130 003/53166 2 vacate INITIATED AND PROVED: erector of Pu li Works APPROVED AS TO FORM: City tto ey • • • Res. No. 2010-78 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on October 18, 2010 by the following vote. YES: Green, Bohr, Dwyer, Hansen NOES: None ABSENT : Carchio, Coerper, Hardy ABSTAIN: None i Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California • • C Council/Agency Meeting Held _ Deferred/Continued to 0 Approved Conditionally Approved U Denied City Clerk 's Signature Council Meeting Date October 18, 2010 Department ID Number PW 10-055 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Administrator PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT : Adopt Resolution No 2010-78 ordering the vacation of the frontage road along the southeast corner of Beach Boulevard and Atlanta Avenue Statement of Issue: Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8334(a), the Department of Public Works requests that the City Council adopt a resolution ordering the vacation of the Beach and Atlanta frontage road Financial Im act: The property is planned for sale to Beach Promenade LLC under a separate purchase agreement Recommended Action: Motion to A) Adopt Resolution No 2010-78, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of the Public Frontage Road at the Southeast Corner of Beach and Atlanta," and, B) Direct the City Clerk to record Resolution No 2010-78 and attached exhibits with the Orange County Recorder Alternative Action s : Deny the recommended action 0 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: PW 10-055 Analysis : In 1966, the subject parcel was deeded to the State of California for "freeway and adjacent frontage road use" (Exhibits A, B) In 1968, the State relinquished the portion of the parcel underlying the frontage road to the City of Huntington Beach The remaining portion, a vacant strip of land between Beach Boulevard and the frontage road, was relinquished to the Sassoon-Mayer Development Company in 1983 On May 4, 2009, the Sassoon-Mayer Development Company, majority owner of the Beach Promenade shopping center, received City Council approval of Conditional Use Permit (CUP) 2008-13 and Variance (VAR) 2008-07, which proposed to remodel the existing Beach Promenade shopping center Since then, the owner has amended his concept for the project and now intends on expanding the shopping center by acquiring and merging the frontage road parcel with the existing shopping center property to the east and vacant parcel to the west The amended project allows for expansion of the existing parking and landscaping and would create three new parcels and associated building pads for future retail uses An amended application was submitted and on June 22, 2010, the Planning Commission approved Entitlement Plan Amendment No 09-009, Tentative Parcel Map No 09-079, CUP No 10-005, VAR No 10-001 (Amendment to CUP No 08-013 and VAR No 08-007) to fully entitle the project Since the City owns the frontage road in fee, the City would need to vacate the street and sell the land to the owner in order for the project to be built Staff has determined that the frontage road is excess right-of-way and is not necessary for street or highway purposes, or for existing or prospective public use The proposed street vacation would not conflict with the requirements of the Orange County Congestion Management Program (CMP) and Master Plan of Arterial Highways (MPAH) On February 9, 2010, the Planning Commission approved General Plan Conformance (GPC) 09-007 with a finding that the proposed street vacation conforms to the City's General Plan On August 16, 2010, the City Council approved a Resolution of Intent to vacate the frontage road at a public hearing to be held on October 18, 2010 If approved, the Resolution will be recorded with the County of Orange and the street vacation will become effective Environmental Status : The proposed project is categorically exempt pursuant to Class V Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations, of Resolution No 4501 of the City of Huntington Beach Public Works Commission Action : Not required Strate is Plan Goal: Enhance Economic Development • • 0 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER : PW 10-055 • Attachment s : Resolution No 2010-78, "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of the Public Frontage Road at the Southeast Corner of Beach and Atlanta," including Exhibits A and B Legal Description and Plat Map (Vacation of Frontage Road) and Exhibits C and D Legal Description and Plat Map Reservation of 10-foot wide water line easement is 40 Y • Exhibit A SHEET 1 OF 1 0 0 0 0 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548 22 FEET, OF THE WEST 449 55 F%ET04 45F irI- Eo °0 NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 11 WEST, Ifs THE kNC{HO LAS' 000 BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATEf NSF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORM13 ILEBFU04FlY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, AS SHOWN ON THE M *Rg€Of Df D IN: o BOOK 5, PAGE 46 OF STATE HIGHWAY MAPS, ALL OF WHICH ARE LOCATED IN REGORD8'OFSAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS, IN SAID RECORDS OF SAID COUNTY, THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89°37'06" EAST, 89 21 FEET, TO THE INTERSECTION OF SAID NORTH LINE WITH THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09°50'39" WEST, 133 85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000 00 FEET, THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 9°10'25", AN ARC DISTANCE OF 160 11 FEET, THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00°40'14" WEST, 730 41 FEET, TO A LINE PARALLEL WITH AND 50 00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13, THENCE WESTERLY ALONG SAID PARALLEL LINE, NORTH 89°37'06" WEST, 88 00 FEET TO THE EAST LINE, OF SAID PARCEL 2, OF SAID PARCEL MAP 84-580, THENCE SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 00°40'14" EAST, 818 16 FEET, THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE, OF SAID PARCEL 2, SOUTH 09°50'30" EAST, 206 45 FEET TO THE POINT OF BEGINNING CONTAINING 90,340 SQUARE FEET MORE OR LESS (2 07 ACRES) SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF 2p v_ AND SGIPL 0EXP 12-31-09 JOSEPH G DERLETH LS 7340 PLS 7340, EXPIRES 12/31/09 TF OF CA0Fp? Legal Description BEACH BOULEVARD FRONTAGE ROAD FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE imCITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 'LY COR SEC 13 J'LY LINE SEC 13T6S, R11 W, SBM T6S, R11 W, SBMPER PM 94-590 (N8937'06"E) r ATLANTA AVE PARCEL 2, PM 84-590, 202/48-50 PM I---88' 5.' 8' •O •• 5y10s •0 .0. .O. •O• • • • . . -.0 N W'LY LINE SEC 13 T6S, R11 W, SBM p co< n n (-) m 2 com PARCEL 2, PM 84-590, 202/48-50 PM PARCEL 2, PM 84-590; 202/48-50 PM ---110' I 44/40 PM ( 6/18 PM 6/18 PM .. • .. . . • 0 0 . . 0 0 0 0 .... . ••0 . 0 Of 00 )= RECORD PER PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS =PORTION OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN 8526/461 0 R , ALSO BEING A PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK 5, PAGES 45 AND 46, AS DESCRIBED IN EXHIBIT A, 90,340 SQ FT, (2 07 ACRES) EXHIBIT B SHEET 1 OF 3 GRAPHIC SCALE ------ -1 1 inch =150 ft N'LY LINE 50 I 0 75 150 PARCEL 1 PM 84-590 202/48 -50 PM IN FEET ) EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD FROM 50 ' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 8' ATLAN AVE (N 89_37'06"E) F22' NW'LY COR SEC 13 T6S, R11 W, SBM 0PER PM 84-590 0 4" =RECORD PER PARCEL MAP 0 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS oo (( )} = RECORD PER STATE I Co HIGHWAY MAP FILED IN BOOK Q7- 5, PAGES 45 AND 46 1F88' -' 22' = PORTION OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN 8526/461 O.R, ALSO BEING A PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK 5, PAGES 45 AND 46, AS DESCRIBED IN EXHIBIT A LINE TABLE L1= N89'37'06"E, 89.21' L2= NOO'40'14"W, 730 41' z0 PARCEL 2, PM 84-590, 202/48-50 PM I I-W'LY LINE SEC 13 I T6S, R11 W, SBM 0 Co0 POINT OF BEGINNING, SE COR PARCEL 2, PM 84-590, 202/48-50 PM 8' 8' 11 0 IN 4E T°) 25 50 rv E-L°Y NE,°pARCEL 1r BpK:°°5 , RAG S41AP AND 42 6/18 PM 0 8 i z00 EXHIBIT B SHEET 2 OF 3 N 6/18 PM NE COR PARCEL CO- 1, PM 84-590, 202/48-50 PM LAw 00 8' I (88 00') (54 91') L1 N'LY LINE PARCEL 1PM 84-590 (N89'37'06"E , 489 56') EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS GRAPHIC SCALE 1 inch =50 ft cn 0 GRAPHIC SCALE 1 inch =50 ft N'LY SEC 13 50 0 25 50T6S, R11 W, S B M ATLANTA AVE (N89'37'06"E) NW'LY COR SEC 13 30' T6S, R11 W, SBM PER PM 84-590 = RECORD PER PARCEL MAP 84 590 FILED IN BOOK 202 ( PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS 8'1-22' PARCEL 2, PM 84-590, 202/48-50 PM = PORTION OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN 8526/461 0 R , ALSO BEING A PORTION OF PARCEL 1, 1 STATE HIGHWAY MAP BOOK 5, PAGES 45 AND 46, AS DESCRIBED IN EXHIBIT A LINE TABLE L3= S89'37'06"W, 88 00' X W C-<m o W'LY LINE SEC 13 T6S, R11 W, SBM o 1n PARCEL 2, M :Z PM 84-590, z 202 /48-50 PM Pm W o 'X 8 ®c01 rn 1-11 L3 8' 00e0e0 eo 0 0 0se so 0 0 00 0 0o0 44/40 PM N L z0o0 15/16 PM 0 EXHIBIT B SHEET 3 OF 3w0 w £ E'LY LINE, PARCEL 1 PER STATE HWY MAP BOOK 5, PAGES 41 AND 42. 22 6/18 PM EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD FROM 50' SOUTH OF TO 1072 ' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 50' 0 00 0 0 0 0 00 0 0 e 0 0 00 50'e 0 00 off a • Exhibit C SHEET 1 OF 2 Resolution No0O-78 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548.22 FEET, OF THE WEST 489.55 FEET, OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, AS SHOWN ON THE MAP RECORDED IN BOOK 5, PAGES 45 AND 46 OF STATE HIGHWAY MAPS, ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2, AS SHOWN ON PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS, IN SAID RECORDS OF SAID COUNTY, THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1, OF SAID PARCEL MAP 84-580, NORTH 89°37'06" EAST, 79.08 FEET, TO THE TRUE POINT OF BEGINNING, OF THIS DESCRIPTION, THENCE CONTINUING EASTERLY ALONG SAID NORTHERLY LINE, NORTH 89°37'06" EAST, 10 14 FEET TO THE INTERSECTION OF SAID NORTH LINE, WITH THE EAST LINE OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526, PAGE 461 OF OFFICIAL RECORDS, • THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 09°50'39" WEST, 133 85 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000 00 FEET, THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 9°10'25", AN ARC DISTANCE OF 160 11 FEET; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00°40'14" WEST, 730.41 FEET, TO A LINE PARALLEL WITH AND 50 00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13, THENCE WESTERLY ALONG LAST SAID PARALLEL LINE, SOUTH 89°37'06" WEST, 10 00 FEET TO A LINE PARALLEL WITH AND 10 00 FEET WESTERLY OF THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED FEBRUARY 26, 1968, IN BOOK 8526 , PAGE 461 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG LAST SAID PARALLEL LINE, SOUTH 00°40'14" EAST, 730 46 FEET, TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1010 00 FEET; Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS •Resolution No9O-78 Exhibit C SHEET 2 OF 2 THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, THROUGH A CENTRAL ANGLE OF 9°10'25", AN ARC DISTANCE OF 161 71 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL LINE, SOUTH 09°50'39" EAST, 132 18 FEET, TO THE TRUE POINT OF BEGINNING CONTAINING 10,244 SQUARE FEET MORE OR LESS (0 24 ACRES) EXHIBIT "D" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. JOSEPH G DERLETH PLS 7340, EXPIRES 12/31/11 SAND SG,p U EXP 12-31-11 L S. 7340 9lF OF CAS-F0 Legal Description BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS • • •Resolutlo NolO-78 NW'LY COR SEC 13 N'LY LINE SEC 13T6S, R11 W, SBM T6S, R11 W, SBMPER PM 94-590 (N89'37'06"E) ATLANTA AVE- -30'S - - ------ - -------------5t0 ------- PARCEL 2, PM 84-590, 202/48-50 PM O8' 1 W'LY LINE SEC 13 T6S, R11 W, SBM m LJ • 8' 78' ODuNrn m a? 8' 78' I----110' _z 44.4:DG- 10 00' S/6'7, ( )= RECORD PER PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 10 00' INCLUSIVE OF PARCEL MAPS =10 00' EASEMENT FOR WATER AND INCIDENTAL PURPOSES TO THE CITY OF HUNTINGTON BEACH 6/, 6 ' -- ol ' PARCEL 2, PM 84-590, 202/48-50 PM 202/48-50 PM 00 PARCEL 2, PM 84-590,- BEACH 78'8 EXHIBIT D SHEET 1 OF 3 GRAPHIC SCALE N'LY LINE 150 PARCEL 1 PM 84-590 202/48-50 PM 1 inch =150 ft 0 ( IN FEET ) EXHIBIT D BOULEVARD FRONTAGE ROAD WATER EASEMENT • FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 6,' 8 ''-i 10.00' 75 150 0 ATLANTA AVE BEACH T6S, R11 W, SBM I 0 8' PER PM 84-590 0 78'-P = RECORD PER PARCEL MAP I q 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 vI INCLUSIVE OF PARCEL MAPS Co = RECORD PER STATE 1 00 HIGHWAY MAP FILED IN BOOK °'- 5, PAGES 45 AND 46 -88' 22' = 10 00' EASEMENT FOR WATER AND INCIDENTAL PURPOSES TO THE CITY OF HUNTINGTON LINE TABLE- L1= N89'37'06"E, 79 08' L2= N89'37'06"E, 1014' L3= N00'40'14"W, 730 41' L4= S00'40'14"E, 730 46' z0 4 Resolution NoSO-78 (N89-37'06"E) --22'J NW'LY COP SEC 13 I PARCEL 2, PM 84-590, 202/48-50 PM I--W'LY LINE SEC 13 I T6S, R11 W, SBM POINT OF -Ij Co0I I COMMENCEMENT, SE COR PARCEL 2, PM 84-590, 202/48-50 PM 8' (88 00') (N89'37'06"E, k GRAPHIC SCALE 1 inch =50 ft 0 25 5050 10 00' ( IN FEET ) C4 E'LY LINE, PARCEL 1 PER STATE HWY MAP BOOK 5, PAGES 41 AND 42 6'8 P- V EXHIBIT D g 8 8 I to0 U'0 rT w coTRUE POINT OF BEGINNING (54 91') L1 N'LY LINE PARCEL 1 PM 84-590 489 56') SHEET 2 OF 3 N f 6 '=8 -)-= ZO NE COR PARCEL 0 1, PM 84-590, 202/48-50 PM 1000' L14LA ODU' L2 I EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS • • GRAPHIC SCALE N'LY LINE SEC 13 1 inch =50 ft T6S, R11 W, SBM. -\50 0 25 50 ATLANTA AVE (N89'37'06"E ) (IN FEET ) NW'LY COR SEC 13 T6S, R11 W, SBM PER PM 84-590 L6 ( )= RECORD PER PARCEL MAP I 84-590, FILED IN BOOK 2 PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MA 02, I PS 8' PARCEL 2, PM 84-590, 202/48-50 PM 22' I ®=10 00'EASEMENT FOR WATER AND INCIDENTAL PURPOSES TO THE CITY OF HUNTINGTON BEACH.v •I 1 00 0I pt LINE TABLE L5= S89'37'06"W, 10 00' L6= N89'37'06"E, 78.00' [TIE] v Co co (nC W'LY LINE SEC 13 I00IT6S, R11 W, SBM I0 D 0 PARCEL 2, 2 PM 84-590rn , 202/48-50 PM rnW 0 L22'---i'8 Z • rn OI0 8' 78' 78' L5 44,'45 P-- 10.00' z 0p 6/6 0 EXHIBIT D SHEET 3 OF 3L40 N I a IE E'LY LINE, PARCEL 1 PER STATE HWY MAP BOOK 5, PAGES 41 AND 42. 6 •,g ' D--= 1000' EXHIBIT D BEACH BOULEVARD FRONTAGE ROAD WATER EASEMENT FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Vacation Parcel user Name: derlethj Project: Beach Frontage Road_S_O Atlanta Create Mapcheck Reports . • DaJT:Q9.-2509 .°. 09 •• T.imi 55;21 °.o • • 00° Pac®: °.° ° ---------------------------------------------------------------------------------------------- -- -- Lot Name: vacation Parcel .0 . . Lot Description: Vacation Parcel ••..° ° ° ° . Lot ID: none a a 0O°0 00 Lot Owner: none Lot Area (square Feet): 90340.15 Lot Area (Acres): 2.07 Lot Perimeter: 2226 19 Parent Name. Parent Description- Parent Area (Square Feet) 0.00 Parent Area (Acres)- 0.00 Percent of Parent- 0.00 Closing Direction: N79°32'27"E Closing Distance: 0.0059 Course Data:(Mapcheck Through Radius Points method) ------------------------------------------------------------------------------- Point Northing Easting Direction Distance Begin 2185391.8655 6028767.4794 N89°37'06"E 89.21 2185392.4598 6028856.6874 N09°50'39"W 133.85 PC 2185524.3390 6028833.8032 RP 2185695.3081 6029819.0796 Curve Direction:CW Radial In:N80°09'21"E D.O.C Arc:05°43'46" D.O.C Chord:05°43'55" Radius:1000.00 Delta angle:09°10'25" Tangent length:80.23 Arc length:160.11 Chord Direction:N05°15'27"W Chord length:159.94 External:3.21 Middle ordinate:3.20 Radial out:S89°19'46"W Point Northing Easting Direction Distance PT 2185683.6049 6028819.1481 NO0°40'14"W 730.41 2186413.9649 6028810.6000 S89°37'06"W 88.00 2186413.3787 6028722.6020 S00°40'14"E 818.16 2185595.2747 6028732.1770 s09°50'39"E 206.45 End 2185391.8644 6028767.4736 Error of closure 1 : 374844 Departure in Y (Northing):0.0011 Departure in X (Fasting):0.0058 Page 1