HomeMy WebLinkAboutMILLS, LAND & WATER COMPANY - 2004-06-07oA-ATR
4
Council/Agency Meeting Held: 4y — -/ -�-
Deferred/Continued to:
Approved LJ Conditionally Approved E3 Denied City/,C�rk'gs�ignatur
Council Meeting Date: June 7, 2004 Department 6/Numb-e)r: CA 04-10
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
C=
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
C)
.0
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, City Administrato
L0
C.7
PREPARED BY: JENNIFER McGRATI 4,ityAttorney
HOWARD ZELEFSKY, Director of Planning
SUBJECT: Settlement of litigation between the City and Mills Land & Water
Company (Mills Land & Water v. City of Huntington Beach, Case No.
OCSC 73 94 12)
Statement of Issue, Funding Source, Recommended Action, Alternat lve Action(s), Analysis, Environmental Status, Aftachment(s)
Statement of Issue: The City and Mills Land & Water Company have been in litigation for
ten years regarding the property located at -PacificCoast Highway between Newland Street.
and Beach Boulevard. A settlement agreement was approved by City Council in October
2002. Subsequently, Mills requested a renegotiation of the agreement.
Funding Source: Not applicable.
Recommended Action: Authorize Mayor and City Clerk to execute the attached
settlement agreement.
Alternative Action(s): Reject any renegotiation of the existing settlement agreement
and proceed to trial.
Analysis: In 1994, the Plaintiff, Mills Land & Water Company, sued the City of
Huntington Beach alleging that the City had taken its property because the City had not
obtained a certified Local Coastal Program from the Coastal Commission on the property.
The history of the Local Coastal Program is as follows:
In 1976, the Legislature adopted the California Coastal Act mandating that each jurisdiction
along the coast prepare a land use document called a Local Coastal Program ("LCP"). The
LCP consists of a Land Use Plan ("LUP") which serves as a general plan for the coastal area
of the City, and a Local Implementation Plan ("LIP"), which consists of zoning pursuant to the
LUP.
0 REQUEST FOR ACTIOPP
MEETING DATE: June 7, 2004 DEPARTMENT ID NUMBER: CA 04-10
The LCP, including the LUP and LIP, must be certified by the Coastal Commission as
consistent with the Coastal Act's goals and policies. By statute, the Coastal Commission
was to create the process for certification of all LCPs by 1980 and local agencies were to
submit their LUPs no later than January 1, 1983. However, Huntington Beach did not meet
this filing deadline, and even today, a significant portion of the coast is still without certified
LCPs. To address this problem, the Coastal Act provided that until there was a fully
approved LCP, development of coastal property could be approved pursuant to a
development permit obtained directly from the Coastal Commission. The usual procedure
during this interim status is to first seek concept approval from the City and then seek a
development permit from the Coastal Commission. In 1986, the Coastal Commission
approved the City's LUP for the Mills property and in 1996, the Commission approved the
LIP for the property, thereby creating an LCP. The LCP assigns various development
standards to the various parcels comprising Mills' property.
At issue in Mills I was whether Mills Land had an obligation to seek a development permit
from the Commission while there was no LCP for the property or whether they could sue the
City without having applied for or been denied a development permit. Initially, the City
successfully obtained trial court dismissal of the complaint on the basis the case was not
"ripe," that is, that Mills Land had not applied for nor was denied a development permit. After
that trial court decision, an appeal was taken.
The initial appeal decision was very favorable to Mills. However, the City petitioned for a
rehearing, which was granted. The Court of Appeals issued a new opinion on June 21,
2000. Under the new opinion, Mills has a heavy burden of proving it was "futile" to apply for
a development permit. Absent such a showing, judgment must be granted the City.
In October 2002, the City Council agreed to a Settlement Agreement, which involved:
(1) An exchange/purchase between Mills and CalTrans so that Mills would pay $1.5
million to acquire the developable portions of the property along PCH and the Cabrillo
Mobile Home Park and CalTrans would acquire Mills'wetlands and deed restrict all
the wetlands for wetlands use only;
(2) The City would process a local coastal program, general plan and zone changes
and a development agreement for the developable portions of the PCH property,
which would establish that the currently developed properties are zoned for visitor -
serving commercial without any buffer area from the wetlands.
(3) Any project to be developed subsequently on the property would be by separate
application subject to Planning Commission and City Council review; and
(4) The City would credit Mills with $300,000 in processing fees regarding the PCH
frontage and $700,000 towards any of its proposed projects in the area owned by
Mills bounded by Beach Boulevard and Newland Street, from PCH to Lomond
Drive, including improvements to Newland Street.
G:\RCA\2004�04-10 Mills Land.DOT -2- 512512004 8:45 AM
0 REQUEST FOR ACTION*
MEETING DATE: June 7,2004 DEPARTMENT ID NUMBER: CA 04-10
RENEGOTIATION OF SETTLEMENT TERMS:
On March 13, 2003, Mills approached City staff to amend the Settlement Agreement. After
significant discussions, Mills has proposed the settlement agreement that is for City Council
consideration in open session. Specifically, the City will receive dismissals with prejudice
upon the issuance of a certificate of compliance for the property currently identified as the
tank farm. In addition, the City will be obligated to process a general plan amendment and
zone change, as previously agreed upon. However, the credits due to Mills have been
reduced from $1 million to zero dollars and Mills will pay for any and all processing of any
development applications and/or development agreements.
Environmental Status: N/A
Attachment(s):
RCA Author: I McGrath
G:\RCA\2004\04-10 Mills Land.DOT -3- 5/25/2004 8:45 AM
0 0
ATTACHMENT NO, 1
AMENDED AND RESTATED
AGREEMENT FOR SETTLEMENT OF LITIGATION
Parties.
This Amended and Restated Agreement for Settlement of Litigation (this
"Revised Agreement") is made by and between the City of Huntington Beach
("City"), a municipal corporation, Mills Land and Water Company ("Mills"), a
California corporation, and the California Department of Transportation ("CalTrans"),
a state agency.
Recitals.
On or about October 30, 2002, the parties hereto entered into that certain
Agreement for Settlement of Litigation ("Agreement") for a global settlement of a
long-standing dispute over the future use of approximately 51 acres of real property
located in the City between Beach Boulevard and Newland Street north of Pacific
Coast Highway ("PCH") ("the Property") (a diagram of the Property is shown in
Exhibit 1). The Agreement was approved by the City Council of the City, the Board
of Directors of Mills and all applicable internal CalTrans departments, including, but
not limited to, the California Transportation Commission ("CTC") and the Air Space
Advisory Committee ("ASAC"). The parties now wish to am -end and restate the
Agreement as described in this Revised Agreement.
Effective Date.
This Revised Agreement will become effective upon the date it has been
Settlement Agreement.Final.doe
E
0
approved by the City Council of the City and executed by all the parties.
Factual Background.
A. Mills acquired the Property about 1905. In 1965, CalTrans acquired by
eminent domain approximately 28 acres from Mills for freeway construction (the
"CalTrans Property"). (The remainder of the Property not acquired by CalTrans is
referred to herein as the "Mills Property"). When the freeway construction did not
occur, a portion of the Mills Property was effectively landlocked and Mills sued
CalTrans in or about December, 1976 (Mills Land and Water Company v. California
Department of Transportation, Orange County Superior Court Case No. C136349).
The State Legislature adopted special legislation (AB 2816 - Mangers, 1978) which
granted Mills certain rights to purchase the CalTrans Property.
B. CalTrans also owns 1.5 to 1.7 contiguous acres at the comer of PCH
and Beach Boulevard (the "Utt Parcel").
C. All of the Property and the Utt Parcel are within the coastal zone.
D. Portions of the CalTrans Property are occupied by Cabrillo Mobile
Home Park and Action Boat Sales, which also includes the Utt Parcel. The Orange
County Flood Control Channel traverses the Property and Southern California Edison
has a right of way for utilities over a portion of the Property. (An aerial photograph of
the Property and the Utt Parcel is Exhibit 2.)
E. In or about 1979-1983, the State Department of Fish and Game ("Fish
and Game") depicted portions of the Property as wetlands or degraded wetlands.
2
Some of the areas depicted by Fish and Game as degraded wetlands were deemed by
Fish and Game to be unrestorable, and other areas have been and are being further
degraded by activities of Southern California Edison while servicing utility lines and
by activities of Orange County Flood Control in connection with maintaining and
improving'the Flood Control Channel.
F. In 1981 and 1982, the California Coastal Commission ("Coastal
Commission") did not certify the City's proposed Local Coastal Program ("LCP")
Land Use Plan ("LUP") as to an area which included properties that Fish and Game
had depicted as containing wetlands, including the Property. This became known as
the "White Hole" area.
G. Mills and other landowners commenced various lawsuits challenging
land use regulation of the Mills Property and other areas depicted as containing
wetlands.
H. In 1987, the Coastal Commission certified the LUP for the White Hole
area, which encompasses 232 acres. The LUP designates as "Commercial Visitor"
("CV") approximately seven (7) acres comprised of the Utt Parcel and the portion of
the CalTrans Property along PCH. The LUP designates the remainder of the Property
99
"Wetland/Conservation" ("OS-C"). All of the Mills Property is designated "OS-C.
One-half of the Cabrillo Mobile Home Park is designated "OS-C" and the other half
"CV". The City's General Plan uses the same land use designations (a diagram
showing the LUP/General Plan land use designations is Exhibit 3).
3
0
e
1. In 1989, City staff proposed a zoning ordinance and LCP
Implementation Program ("LIP"). Landowners complained that the proposed LIP
would constitute a regulatory taking which would require compensation to be paid,
and, on the advice of the City Attorney, the LIP was withdrawn.
J. In 1990, the City submitted a proposed LIP to the Coastal Commission
which the Coastal Commission would not certify unless it was modified to afford
greater protection to the certain areas in the White Hole area depicted as restorable
wetlands by Fish and Game. In 1992, the Coastal Commission approved an LIP, but
with modifications, which the City Council did not accept. After further studies,
workshops and other efforts to resolve the wetlands and zoning issues, the City
resubmitted the LIP to the Coastal Commission in 1994. The Coastal Commission
did not certify the 1994 submittal as presented. In 1995, the Coastal Commission
certified the LIP with modifications which were accepted by the City in 1996.
K. The 1994 and 1996 LIPs are the subject of two lawsuits:
I . Mills Land & Water Company v. City of Huntington Beach,
Orange County Superior Court Case No. 739412, in which Mills seeks damages
against the City for delay in designating land uses and implementing zoning and in
processing development applications for the Property. Pursuant to the Agreement,
Case No. 739412 has been dismissed without prejudice but is subject to that certain
Tolling Agreement dated as of October 30, 2002, between the City and Mills.
2. Mills Land and Water Company v. City of Huntington Beach,
L,
Orange County Case No. 763624 which challenges the LIP and zoning enacted and
implemented in 1996. Mills and the City have entered into a Tolling Agreement dated
as of November 4, 1996 and reaffirmed on October 30, 2002, with regard to this
dispute and, pursuant to the terms of the Tolling Agreement, Case No. 763624 was
dismissed without prejudice on December 2, 1996.
L. The LIP/Zoning does not conform to the LUP/General Plan. Portions of
the approximately seven (7) acres designated "CV" in the LUP/General Plan are
designated in the LIP and zoned "Coastal Conservation," including developed areas.
The entire Cabrillo Mobile Home Park is designated in the LIP and zoned
"Manufactured Home Park" (a map showing the UP/Zoning designations is Exhibit
4).
M. In addition to the reasonable development of the "CV" strip along PCH,
the transfer of the properties described in this Revised Agreement will result in the
creation of a separate parcel for adjacent property owned by Mills which is commonly
known as the "Tank Farm" and further described in Exhibit 1. The Tank Farm
consists of approximately twenty three and 8/10 (23.8) acres.
N. Immediately following the acquisition of the Mills properties by
CalTrans, which property will be deed restricted for wetlands use only, Mills and the
City desire that the City process for recordation of a certificate of compliance (the
"Certificate of Compliance") for the Tank Farm.
0. In the event settlement is not implemented, the current litigation will
resume at great public and private cost and without any certainty as to the outcome.
Future litigation concerning use of the Property between the parties to this Revised
Agreement and other jurisdictional and permitting agencies is likely. In the
meantime, the areas depicted as degraded wetlands may be degraded further by third
parties.
P. All parties desire to settle the litigation. Mills desires to acquire and
develop portions of the "CV" strip along PCH. CalTrans is willing to acquire the
wetlands owned by Mills and desires to obtain Mills' release of its rights under AB
2816 (Mangers, 1978) to settle potential claims thereunder and confirm its ownership
of the CalTrans Property. The City and Mills would like the areas depicted as
wetlands to be deed restricted as wetlands and for the Tank Farm and the portions of
the "CV" strip along PCH to be reasonably developed.
Q. The settlement discussions have now resulted in this Revised
Agreement which will result in dismissal with prejudice of Case Nos. 739412 and
763624 on the terms and conditions described below and Mills' release of its rights
under AB 2816 (Mangers, 1978) and acknowledgement by Mills in a form
satisfactory to CalTrans that conveys and releases all of Mills' claims of rights of
ownership to, and confirms CalTrans' ownership of the CalTrans Property and that
Mills has no further rights under Case No. C136349, or due to any of the events or
facts alleged or allegations made in said Case. The parties hereto shall initiate this
settlement by conveying and releasing to CalTrans all of Mills' claims of rights to the
z
ownership of the wetland portions of such property, and further by the agreement of
CalTrans to deed restrict such wetlands properties for the wetlands use only, and
further still by the concurrent conveyance of wetlands by Mills to CalTrans to be deed
re'stricted for wetlands use only, all as set forth in Paragraph I below of this Revised
Agreement.
I
R. In order to implement this Revised Agreement, a Certificate of
Compliance for the Tank Farm will be processed for recordation by the City
immediately following CalTrans' acquisition of the Mills properties for wetlands use
only.
S. Following the actions described in Paragraph R, when requested by
Mills, a general plan amendment, zone change and a development agreement for the
properties being acquired by Mills from CalTrans will then be processed in a timely
manner. As part of these subsequent actions, an LCP amendment must also be
approved and adopted by the Coastal Commission.
T. This Revised Agreement is not a project approval within the meaning of
CEQA.
NOW, THEREFORE, it is agreed as follows:
I . Following the execution of this Revised Agreement, Mills and CalTrans
shall execute a mutually agreeable purchase and sales agreement which shall provide,
among other things: (a) at the close of escrow, Mills will release its rights under AB
2816 (Mangers, 1978) and provide a conveyance and release of all of Mills' claims
0
0
and rights to the ownership of the CalTrans Property with an acknowledgement
approved by CalTrans and referred to in paragraph Q above; (b) at the close of
escrow, Mills will pay CalTrans $1,500,000; (c) Mills and CalTrans shall perform
environmental site assessments and remediate any contamination found on their
respective properties prior to the close of the escrow provided for in the said purchase
and sales agreement; and (d) as soon as the matters described in subparagraph (c)
above have been completed, escrow shall close with the exchange of the following
properties between Mills and CalTrans:
(i) All of the Mills properties described in Exhibit 5 acquired by
CalTrans will be deed restricted for wetlands use only. The wetlands retained
by CalTrans will also be deed restricted for wetlands use only. Except for
CalTrans' obligation to record the agreed upon deed restriction for the wetland
property, there is no other obligation on behalf of CalTrans to take any action
whatsoever with respect to the wetlands.
(ii) Mills will acquire all of the CalTrans property fronting on PCH,
including the property occupied by Action Boat Sales and Mills will acquire
Cabrillo Mobile Home Park.
(iii) The deeds shall be recorded with the Mills' conveyance to
CalTrans being recorded first and the CalTrans' conveyance to Mills being
recorded immediately thereafter.
2. As promptly as is reasonably possible after the close of the transactions
M
described in Paragraph 1, City will process a Certificate of Compliance for the Tank
mi "410 1
3. As soon as the matters described in Paragraphs I and 2 have been fully
implemented, Mills will initiate and the City will process general plan, zoning and
LCP amendments as follows:
(a) An approximate 2.5 acre portion of the highway frontage along
the inland side of PCH occupied by Action Boat Sales will be zoned to permit "CV"
uses. The Utt Parcel is already zoned Project "CV" to conform to the General Plan.
(b) A vacant area of approximately 1.2 acres adjacent to and east of
Cabrillo Mobile Home Park, a portion of which is presently being used for
recreational vehicle storage, will be zoned to permit "CV".
(c) The zoning and LCP will permit a bioswale in the landscape
setback along PCH and reasonable vehicular access to. and from PCH and specify the
development envelope for "CV" uses. No wetlands buffer will be required on the
areas presently occupied by Action Boat Sales and Cabrillo Mobile Home Park or the
area used for recreational vehicle storage east of Cabrillo Mobile Home Park.
(d) The entire Cabrillo Mobile Home Park will be planned and zoned
for mobilehome park use.
(e) The draft general plan/LUP map is Exhibit 6 and the draft
zoning/LIP map is Exhibit 7.
(f) In the future, Mills may apply to the City for zoning LIP
6
0 0
amendments for the remainder of the strip along PCH which is planned "CV" after a
wetlands study has been made, and the City agrees to process such application(s) in a
timely manner. This Revised Agreement is not contingent upon the success of any
such future application for zoning/LIP amendments.
4. Concurrently with the general plan, zoning and LCP amendments
described in Paragraph 3 above, Mills will initiate at its cost, and the City will
process, a mutually agreeable development agreement with Mills or its designee
which, if approved and becomes effective, will vest the LCP/general plan/zoning for
the "CV" property.
5. The City will expedite processing of any complete application for
development of the Mills properties bounded by PCH, Beach Boulevard, Lomond
Drive and Newland Street, including, but not limited to, the Tank Farm.
6. As such time as the matters described in Paragraphs I and 2 have been
fully implemented and beyond any applicable appeal period, the parties will dismiss
Case Nos. 739412 and 763624 with prejudice.
7. In the event the conditions described in Paragraphs I and 2 are not fully
implemented, Mills and the City agree that Mills may refile and resume the litigation
without prejudice by the refiling of Case Nos. 739412 and 763624 for which all
statutes of limitations shall be tolled. The City and Mills hereby reaffirm the Tolling
Agreements executed in connection with Case No. 763624 and Case No. 739412
Mills and the City agree that data developed during the settlement process may be
10
0 0
used in the litigation, if relevant. However, the parties agree that communications and
actions of the parties and their consultants and advisors are to be considered
settlement and/or mediation behavior, and shall be inadmissible in the litigation for
anypurpose. Mills and the City agree that experts and consultants jointly retained for
purposes of implementing this Revised Agreement shall not be called as witnesses by
either party.
8. This Revised Agreement constitutes an integration of the entire
understanding and agreement of the parties, including, without limitation, the matters
'described in the sections of this Revised Agreement entitled "Recitals" and "Factual
Background". No representation, warranty, promise, understanding or condition,
whether written or oral, not specifically incorporated herein, shall be binding upon
any of the parties unless made in writing and signed by each party hereto duly
authorized to act on behalf of each party.
9. This Revised Agreement shall be binding on the parties, all of their
related affiliated companies, and their successor and assigns.
10. This Revised Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same instrument. It shall be necessary to account for only one such fully -executed
counterpart in proving this Revised Agreement.
11. Time Limits.
(a) In order to fully implement this Revised Agreement, the City
11
0
0
Council of the City will process for recordation the Certificate of Compliance for the
Tank Farm and the discretionary general plan and zone changes and a development
agreement for the "CV" property on PCH.
(b) The parties have agreed to the following time schedule:
(1) Recordation of Certificate of Compliance no later than
seven (7) business days after the exchange of the Mills and CalTrans properties.
(2) Approval of general plan and zone changes and
development agreement for the "CV" property on PCH by City Council within one (1)
year from final environmental determination.
If these tasks are not accomplished as scheduled, this Agreement, the
time for accomplishment of these tasks, and the Tolling Agreement described in
Paragraph 7, above, shall automatically be extended unless terminated by any party
hereto.
12
0
IN WITNESS WHEREOF, the parties have caused this Agreement to be
properly executed on the date written opposite their signatures.
Dated: &A!�
State of California
County of Orange
MILLS LAND & WATER COMPANY
By: Y11&11v'4'Z
/ Robert London Mo4re, President
On QaW 19 before me,44nt414 E. �DtQPIA�6'c' personally appeared
Name and I ule or Urucer ke.g., Jane vocV.—Y
L'OVIAOVI dopy-v personally known to me pfojv@El to me en the basis of
Narne(s) of Signer(s)
NaLiblak, -- -------to be the person(4 whose name(4 islme subscribed to the within instrument
and acknowledged to me that heAshe*tey executed the same in hisAtef4ha authorized capacity(j4,
and that by his4terfthtir signature(o on the instrument the persono, or the entity upon behalf of
which the person(/) acted, executed the instrument.
WITNESS my hand and official seal. — — — — — — —
STEFANIE E. SIERRA
Commission# 1401340
UTL jj� tv Notary Public - California
Signature ofNotar), Public Omnge County
MV Comm. EXPka Feb 18. 2W71
Llgm�v"
APPROVED AS TO FORM:
MILLS LA2qD & WATERCOMPANY
-0
.ir B. Cook
Farrer and Burrill, LLP
13
Settlement Agreement. RL.05.07.04.doc
9
40
Dated: 6 - 2 --,�q
State of California
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
By: X-7/19
WA
Mayo�
County of Orange
On 16 9 before me, e,10- ersonally appearedcq�h/
VULC INIUM Ma �Ile of U111ccr kc.g., June voc, NO 911 �4
140 personally known to me qw—d-In me on tbVbWj,�5,pf
Name(s) ofSigner(s)
—q-tiQ;FAvqwt;),@-4d---ce tobe the perso § whose nameois4asubscribed to the within instrument
ro eir uthorized capacity&,
and acknowledged to me that he,' /they executed the same in 44f �—
and that by kv;elGaignature fson the instrument the perso or the entity upon behalf of
ro
which the perso acted, executed the instrumqnt.
WITNESS my hand and official seal.
k2k Ah- ".. 0
AXAWX
j��atureofNotary Public
ATTEST:
Bv
i lerk
REVIEWED AND APPROVED:
Un
City Administraitor
APPROVED AS TO FORM:
CITY OF HUNTINGTON BEACH
+ B
'Aorney
.City
0'46 "' -"67�
KELLY LOU71SE MANDIC
" it .
Commission # 13172899
Notary Public - California zz
Orange County
My Comm. Expires Sep 1, 20061
14
Dated: N-4 CALIFORNIA DEPARTMENT OF
I TRANSPORTATION
By:
V
District irector
State of California
County of Orange
0 n /t 7-1 100 � before me, W-Y k/�,-personally appeared
a
Cav 0, 01— persene4y4eiovA44o-me proved to me on the basis of
Na=(s) of Sigger(s)
satisfactory evidence to be the personW whose name(s)O/ar-e subscribed to the within instrument
and acknowledged to me that h�o/they executed the same in hise/their authorized capacity(i#s),
and that by hmpe thek signature(s) on the instrument the person(s�, or the entity upon behalf of
which the persort(syacted, executed the instrument.
WITNESS my hand and official seal. dM
EVANGE LINA IWA HINGTON
Comminlon # IMMIS
ure ofNotary Pubfic Notary Public - Calitomic
orarlw courltv
6-'My Comm. Expires Doe 2,20071
APPROVED AS TO FORM:
CALIFORNIA DEPARTMENT OF TRANSPORTATION
By: 2(-\ ;4 �W-Am
, Uaw-
-§te'phe M. Chase
Assistant Chief Counsel
15
0
0
LIST OF EXHIBITS
1. Diagram of the Property
2. Aerial photograph of the Property and the Utt Parcel
3. Diagram showing the existing LUP/General Plan land use designations
4. Map showing the existing LIP/Zoning designations
5. Description of properties being acquired by CalTrans
6. Draft of proposed General Plan/LUP map
7. Draft of proposed zoning/LIP map amendment
16
EXHIBIT 1
CFCD
N OT A PAK1
ALTRANS MILLS
zz
ZI
CALTRA-14S 0-.,MILL MILLS
C F
CD
MILLS
6.36AC. 0. C. C. D.
ZZ.3 1478.ZS
TRANS
Uri I
N 0-F A
in
14
CALT NS
291AC. I
.p
-Z%;
OWNERSHIP MAP
(Oct. 2001)
Y-�lrc --
5,55AC.
q7
148-30-43-2
Is m P WAS
TIASSES
TH 41E S S 0 R
^ AC flRAC.Y.
FOR
R!
-0
EXHIBIT 2
I'll',',-"
WYA
o
-All
4s'
01 um %,V,wj
Ouilm
Vo
AR
Av ,�V
Ad W
5.
Lp
Saw
1A
A
- 16.
i.p
vi
4
4L
EXHIBIT 3.
0
CU
CD
rn
A
Mills Land and Water
Property Information
City of Huntington Beach
D .. War 0,.
� ....... ........
W
S
0 400 800 Feet N
0 0.1 0.2 Miles
Residential ,
i vwi*�
R-1-lial 1— D—ly
R.idenlial M.Jium Demly
RmiticritinI Mmlitan I ligh Densiiv
R—dentin] I ligh Densitv
Commercial
caiumm-in c
R ginnni
Cam- i Vi.Rifor
me n:
Offic.
Industrial
M
Influtral
Mi.ed Ilse
1 - m I
,qM'
Mi-l I Isc I 1-i-m.1
Mi—I 1 ie Verli.1
SNAV -
N=R%%
17%
General
Plan Designations
Open space
Commercial. Industrial, and
Overlay Suffixes
joi�jj
WI,11M.1 c—s—luu,
Mixed Ilse I)cnsily Schedule
Aw. DistrIct 0-1,,Y
Den"ty C.d,
!',:miiticd Densitv
D.ig. 0_1iiY
Ifirloi .1,I) �I.y
cls
mi1 I (=I.Y(MilI11�D-..IY)
SI re
11:1
0.35
.,1 Ndw6an 01.,y
i
Water R—nnon
M""', I',— .,I( OveIi.y
'.2. A
p I "'i c
Puhlic
1 ,
l'uhh.
1:5
[jn
1 ::6
�.j
Public Works Departmerit
1:8
owl)-n.35 ICV.I.Sduta�
(C)/25
i
RijthI4%V:.v�. lindges
1:10
5 Ni J) (-.)f2.S
A.161111
j rat,]
12
wnc
I In (;Is
s
200 1
0 0
EXHIBIT 4
NEI
800 Feet 0(%,
0 400
4%,
0 0.1 0.2 es
Zoning Designations
Residential Induorial
On Residenlial Agriculture Indusiri.if GiLmeml
Fuii- I Rmitimmil I.— Dmsily Industrial 1.1miled
Rmdcmial VlMium Densiry
Rsidmiud 'A.'� ium 1 figh Density Opel) Splice
minufficlu-1 I ome 11.1rk Comstil Commalion
Shorcline Suhdismcl
Commercial
Comnimmi Visilnr
sr. Specific Plan Dmgmaliomq
llndg��, Ch.innck
Overlay Suffixes
0. 0 1 y
Cz ()vcrl,,iy
VPJ. 1-113 Fl,�dpinin 0�crinv
Public Works Department
.A-
4A
Ws
.h,
0 0
EXHIBIT 5 -
0
0
PAGE 1 OF 7
LEGAL DESCRIPTION OF LAND TO BE GRANTED FROM HILLS
LAND AND WATER CO. TO THE STATE OF CALIFORNIA
(5/24/04: REVISIONS/ADDITIONS TO EASEMENT ON PG. 2,3: SEE ASTERISKS)
STATE PARCEL NO. 102239-1 (REVISED)
SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND BEING A PORTION OF THE- WEST HALF
OF FRACTIONAL SECTION 13, TOWNSHIP 6 SOUTH, RANGE 11 WEST,
S.B.B.M. IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY,
DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT "A" INCORPORATED
HEREIN:
BEGINNING AT THE CENTER OF SAID FRACTIONAL SECTION 13, SAID
POINT ALSO BEING THE CENTERLINE INTERSECTION OF NEWLAND
STREET AND HAMILTON AVENUE; THENCE ALONG THE EAST LINE OF
THE SOUTH WEST QUARTER OF SAID FRACTIONAL SECTION 13, AND
THE CENTERLINE OF NEWLAND STREET, SOUTH 00016138- WEST A
DISTANCE OF 510.03 FEET TO THE 'NORTH LINE OF THE- ORANGE
COUNTY FLOOD CONTROL DISTRICT CHANNEL NO. DO-1 AS DESCRIBED
IN DEED RECORDED JULY 20, 1961 IN BOOK 5790, PAGE 18,
OFFICIAL RECORDS SAID COUNTY; THENCE ALONG SAID NORTH LINE,
NORTH 8604414611 WEST, A DISTANCE OF 1115.93 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST.
A RADIAL BEARING FROM SAID POINT BEARS NORTH 14042126- EAST,
SAID POINT ALSO BEING THE SOUTHERLY TERMINUS OF THE
EASTERLY LINE OF THOSE CERTAIN LANDS DESCRIBED AS ORANGE
COUNTY FLOOD CONTROL DISTRICT PARCEL NO. D01-111.12 IN A
FINAL ORDER OF CONDEMNATION IN THE SUPERIOR COURT OF THE
STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE CASE
NO. 131306, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 3,
1966 IN BOOK 7857, PAGE 861 OFFICIAL RECORDS OF SAID
COUNTY; THENCE NORTHWESTERLY� ALONG SAID EASTERLY LINE AND
CURVE HAVING A RADIUS OF 778.00 FEET AN ARC LENGTH OF
756.12 FEET; THENCE CONTINUING ALONG SAID LINE, NORTH
19036111" WEST, A DISTANCE OF 314.06 FEET; THENCE CONTINUING
ALONG SAID LINE, NORTH 00017108- EAST A DISTANCE OF 336.68
FEET TO THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTH
ONE-HALF OF THE NORTHWEST QUARTER OF SAID FRACTIONAL
SECTION 13; THENCE EASTERLY ALONG SAID SOUTH LINE, SOUTH
05/24/U4 12: 4 8 1,NX 541�336,5723
PAGE 2�OF 7
STATE PARCEL NO. 102239-1 (REVISED) (CONTINUED)
8902415711 EAST, A DISTANCE OF 109.37 FEET; THENCE LEAVING
SAID SOUTH LINE-, SOUTH 00*3411711 WEST, A DISTANCE OF 609.51
FEET TO A POINT -DISTANT 50.25 FEET NORTHERLY AS.-MEASURED'AT
RIGHT ANGLES FROM THE SOUTH LINE OF THE NORTHWEST -QUARTER
OF SAID FRACTIONAL SECTION 13; SAID POINT HEREIN AFTER
REFERRED TO AS ""POINT All; THENCE EASTERLY . ALONG A LINE
PARALLEL TO AND DISTANT 50.25 FEET NORTHERLY 'AT RIGHT
ANGLES FROM THE SAID SOUTH LINE OF THE NORTHWEST QUARTER,
SOUTH 8902514611 EAST, A DISTANCE OF 1652.7.4 FEET -TO THE EAST
LINE OF SAID NORTHWEST QUARTER AND THE ZENTERLINE OF
NEWLAND STREET; THENCE SOUTHERLY ALONG SAID EAST LINE AND
CENTERLINE OF NEWLAND STREET, SOUTH 00017118" WEST A
DISTANCE OF 50.25 FEET TO THE POINT OF BEGINNING.
CONTAINING 834,345.69 SQUARE FEET OR 19.1539 ACRES OF LAND,
MORE OR LESS.
ALSO AN EASEMENT FOR INGRESS AND EGRESS AND/OR, AT
GRANTEE'S SOLE DISCRETION, FOR. -WETLANDS -MITIGATION PURPOSES
OVER THE FOLLOWING.DESCRIBED PROPERTY:
BEGINNING AS "POINT. A" AS. -DESCRIBED ABOVE; - THENCE NORTH
00*34117N EAST A DISTANCE OF 26.15 FEET; THENCE SOUTH
1903611111 EAST A DISTANCE OF 27.85 FEET, TO A LINE PARALLEL
TO AND DISTANT 50.25 FEET NORTHERLY AT RIGHT ANGLES FROM
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL
SECTION 13; THENCE ALONG SAID PARALLEL LINE, NORTH 8902514611
WEST A DISTANCE OF 9.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 125.58 SQUARE FEET OR 0.0029 ACRES MORE OR LESS.
THIS EASEMENT IS FOR THE BENEFIT OF THE FOLLOWING DESCRIBED
PROPERTY:
BEGINNING AT "POINT All AS DESCRIBED ABOVE; THENCE NORTH
0003411711 EAST A DISTANCE OF 609.51 FEET TO THE SOUTH LINE
OF THE NORTH ONE—HALF OF THE SOUTH ONE—HALF OF THE
NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 13; THENCE
REVISED 5/21/04
ADDED 5/21/04 /
a
05/24/04 12: 48 I -AA 541-330-5723
PAGE 4 OF 7
STATE PARCEL NO. 102238-1 (CONTINUED)
NO. D01-111.12 IN A FINAL ORDER -OF CONDEMNATION IN THE
SUPERIOR COURT OF.THEISTATE OFCALIFORNIA IN,AND,FOR.THE
COUNTY OF ORANGE CASE.NO. '131306, A CERTIFIED :COPY:'OF WHICH
IS RECORDED :MARCH 3, .1966 IN -BOOK 7857, -PAGE' -861 OF
OFFICIAL -RECORDS OF.SAID.COtINTY,.AND THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH
890251461, WEST,�A DISTANCE OF 337.36 FEET TO THE -SOUTHEAST
CORNER OF PARCEL 2 OF THE STATE OF CALIFORNIA PARCEL A1786
PER BOOK 7521, PAGE 125 OF OFFICIAL RECORDS OF.SAID 'COUNTY,
SAID POINT ALSO BEING ON A NON -TANGENT CURVE CONCAVE'TO THE
EAST HAVING A RADIUS OF 1000.00 FEET, A RADIAL BEARING FROM
SAID POINT BEARS NORTH 6400512311 EAST; THENCE NORTHERLY
ALONG SAID CURVE AND THE EASTERLY LINE OF SAID PARCEL 2
THROUGH A CENTRAL ANGLE OF 17000144" AN ARC LENGTH OF 296.93
FEET; THENCE CONTINUING ALONG SAID LINE - NORTH 08*531 5111
WEST, A DISTANCE OF. 383.73 FEET TO THE SOUTH LINE OF THE
NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
SAID FRACTIONAL SECTION 13; THENCE ALONG SAID SOUTH LINE,
SOUTH 89024157" EAST, A DISTANCE OF 150.52 FEET TO A POINT
ON THE WESTERLY LINE OF SAID ORANGE COUNTY FLOOD CONTROL
DISTRICT PARCEL NO. D01-111.12, SAID 'POINT ALSO BEING ON A
NON -TANGENT CURVE CONCAVE TO',THE NORTHEAST HAVING'A RADIUS
OF 412.00 FEET, A RADIAL BEARING FROM SAID POINT BEARS
NORTH 62*52136" EAST.; THENCE SOUTHEASTLY ALONG SAID CURVE
AND WESTERLY LINE THROUGH A CENTRAL ANGLE OF 20003110', AN
ARC LENGTH OF 144.20 FEET TO A POINT OF REVERSE CURVE
HAVING A RADIUS OF 436.45 FEET; THENCE SOUTHERLY ALONG SAID
WESTERLY LINE AND CURVE, THROUGH A CENTRAL ANGLE OF
2703415911, AN ARC LENGTH OF 210.12; THENCE CONTINUING ALONG
SAID WESTERLY LINE, SOUTH 19-35135- EAST, A DISTANCE OF
398.18 FEET TO THE TRUE POINT OF BEGINNING.
THE BASIS OF BEARINGS USED FOR THIS DESCRIPTION IS THE
NORTH LINE OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION
13, TOWNSHIP 6 SOUTH, RANGE 11 WEST S.B.B.M. AS SHOWN ON
RECORD OF SURVEY NO. 99-10.00 RECORDED IN BOOK 176, PAGES 10
THROUGH 19, OF RECORDS OF SURVEY, OFFICIAL RECORDS OF SAID
COUNTY, SHOWN AS NORTH 8902514611 WEST.
CONTAINING 192,155.88 SQUARE FEET OR 4.411 ACRES MORE OR
LESS.
05/Z4/04 IZ: 48 PA.� 541-,a;ju-57z;j
STATE PARCEL NO. 102239-1 (REVISED) (CONTINUED) PACE 3 OF 7
ALONG SAID SOUTH LINE NORTH 8902415711 WEST A DISTANCE OF
109.37 FEET TO THE EASTERLY LIKE OF THOSE CERTAIN LANDS
DESRIBED AS ORANGE -COUNTY FLOOD.CONTROL.DISTRICT PARCEL
NO.D01-111.12 _IN A FINAL ORDER 'OF �CONDEMNATION IN THE
SUPERIOR COURT OF THE STATE OF.CALIFORNIA IN AND FOR'THE
COUNTY OF ORANGE'CASE NO. 131306, A CERTIFIED COPY OF WHICH
WAS RECORDED MARCH 3,' 1966 IN BOOK 7857, PAGE�861 OFFICIAL
RECORDS OF SAID 'COUNTY; THENCE ALONG SAID EASTERLY -.LINE
SOUTH 00017'0811 WEST A DISTANCE OF 336.68 FEET; THENCE
CONTINUING ALONG SAID LINE SOUTH 1903611111 EAST.A 'DISTANCE
OF 290.68 FEET; THENCE -LEAVING SAID. LINE, 'SOUTH 89*2514611
EAST A DISTANCE OF 7.44 FEET TO THE POINT OF BEGINNING.
CONTAINING 52,245.17 SQUARE FEET OR 1.199 ACRES MORE OR
LESS.
GRANTOR, ITS SUCCESSORS AND ASSIGNS SHALL NOT ALTER OR
EFFECT THE EASEMENT�AREA IN ANY WAY INCONSISTENT WITH THIS
EASEMENT.
STATE PARCEL NO. 102238-1
SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA 'AND BEING A PORTION OF THE NORTHWEST
QUARTER OF FRACTIONAL SECTION 13, TOWNSHIP 6 SOUTH, RANGE
11 WEST S.B.B.M IN THE RANCHO LAS BOLSAS AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51, PACE 14 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT "A" INCORPORATED
HEREIN:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST
QUARTER, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION
OF NEWLAND STREET AND HAMILTON AVENUE; THENCE ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER, NORTH 89025'46- WEST,
A DISTANCE OF 1774.20 FEET TO THE WESTERLY LINE OF LANDS
DESCRIBED AS ORANGE COUNTY FLOOD CONTROL DISTRICT PARCEL
REVISED 5/21/04
ADDED 5/21/04
05/24/U4 12; 4 8 FAX 541,33U!5723 Ju.'\LS- (�AIIL&.Asauk_
PAGE 5 OF 7
STATE PARCEL NO. 102238-2
SITUATED IN THE CITY OF HUNTINGTON BZACH, COUNTY OF ORANGE,
STATE OF.CALIFORNIA AND BEING AiPORTION OF THE SOUTHWEST
QUARTER -OF FRACTIONAL SECTION 13,. 'TOWNSHIP - 6 SOUTH, MANGE
11 WEST S.B.B.M IN THE RANCHO. LAS.,BOLSAS.AS-'SHOWN:ON A MAP
THEREOF RECORDED_:IN BOOK 51,-PAGE 14 OF MISCELLANEOUS'MAPS,
IN THE OFFICE 'OF THE COUNTY. RECORDER OF SAID. COUNTY,
DESCRIBED AS FOLLOWS. AND'SHOWN ON. EXHIBIT "A" INCORPORATED
HEREIN:
BEGINNING AT THE �NORTHEAST - CORNER OF - SAID - SOUTHWEST
QUARTER, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION
OF NEWLAND STREET AND HAMILTON AVENUE, THENCE ALONG THE
NORTH LINE OF SAID SOUTHWEST QUARTER, NORTH 89025146- WEST,
A DISTANCE OF.1774.20 FEET TO THE WESTERLY LINE OF -LANDS
DESCRIBED AS ORANGE COUNTY FLOOD CONTROL DISTRICT "PARCEL
NO. D01-111.12 IN A FINAL ORDER OF CONDEMNATION IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND 'FOR THE
COUNTY OF ORANGE CASE NO. 131306, A CERTIFIED COPY OF WHICH
WAS RECORDED MARCH 3, 1966 IN BOOK 7857, PAGE. a6i OF
OFFICIAL RECORDS OF SAID COUNTY, AND THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, NORTH
8902514611 WEST, A DISTANCE OF. 337.36 FEET TO.THE NORTHEAST
CORNER OF PARCEL I'OF THE STATE OF CALIFORNIA PARCEL A1786,
PER BOOK 7521, 'PAGE 125 OFFICIAL RECORDS OF SAID COUNTY;
SAID POINT ALSO BEING ON A NON -TANGENT CURVE CONCAVE TO THE
EAST HAVING A RADIUS OF 1000.00 FEET, A RADIAL BEARING FROM
SAID POINT BEARS NORTH 64*0512311 EAST; THENCE SOUTHERLY
ALONG SAID CURVE AND THE EASTERLY LINE OF SAID PARCEL 1
THROUGH A CENTRAL. ANGLE OF 12047153" AN ARC LENGTH OF 223.38
FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 3804213011
EAST, A DISTANCE OF 265.86 FEET TO THE WESTERLY RIGHT-OF-
WAY OF THE COUNTY OF ORANGE FLOOD CONTROL DISTRICT CHANNEL
DO-1 AS DESCRIBED IN DEED RECORDED JULY 20,1961 IN BOOK
5790, PAGE 18 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG ESAID RIGHT-OF-WAY NORTH 2802714111 EAST, A DISTANCE OF
S. 55 FEET TO A CURVE CONCAVE TO THE NORTH HAVING A RADIUS
OF 412.50 FEET; THENCE EASTERLY ALONG SAID CURVE AND RIGHT-
OF-WAY THROUGH A CENTRAL ANGLE OF 25*1213711 AN ARC LENGTH OF
181.50 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY;
SOUTH 86044156" EAST, A DISTANCE OF 206.34 FEET TO THE
05/24/U4 1;! : 48 1,.AA 541-3JUi57.`3 Ju.NLa
40 .
STATE PARCEL NO. 102238-2 (CONTINUED) PAGE 6 OF 7
WESTERLY LINE OF SAID LANDS DESCRIBED AS ORANGE COUNTY
FLOOD CONTROL DISTRICT.PARCEL NO. DOI-111.12,.SAID POINT IS
-ALSO ON A NON"TANGENT.CURVE.CONCAVE'TO THE:NORTHEAST HAVING
A RADIUS OF,902-00. -FEET, A:. RADIAL _'BEARING .-FROM. .."SAID, -.POINT
BEARS NORTH 35027143- - EAST, --THENCE: NORTHERLY.- ALONG SAID LINE
AND CURVE THROUGH A.'CENTRAL ANGLE 'OF 340561.42".AN ARC LENGTH
OF 550. 15 -FEET; THENCE -CONTINUING :ALONG SAID � LINE NORTH
1903513511 WEST, A DISTANCE OF 14.50 FEET TO THE TRUE POINT
OF.BEGINNING.
THE BASIS OF BEARINGS USED FOR THIS DESCRIPTION IS THE
NORTH LINE -OF THE FRACTIONAL SOUTHWEST QUARTER OF SECTION
13, TOWNSHIP 6 SOUTH, RANGE 11 WEST S.B.B.M. AS SHOWN ON
RECORD OF SURVEY NO. 99-1000 RECORDED IN BOOK 176, PAGES 10
THROUGH 19,OF RECORDS OF.SUIRVEY, OFFICIAL RECORDS OF SAID
COUNTY, SHOWN -AS NORTH 89*2514617 WEST.
CONTAINING 134,546.96 SQUARE FEET OR 3.089 ACRES MORE OR
LESS.
THE BEARINGS AND DISTANCES IN THE ABOVE DESCRIPTIONS ARE
BASED ON THE,CALIFORNIA COORDINATE SYSTEM OF iga3, ZONE 6,
NAD, 1991.35 EPOCH. -..MULTIPLY ALL GROUND DISTANCES USED IN
THE ABOVE DESCRIPTION BY 0.99997120 TO OBTAIN GRID
DISTANCES.
NO. 21005
5p9lw/05
R. Aqakiv
Expires: 09/30/05
S W74lr I
3mv
al Lp so
R/wd
STATE P
SQ.FT-
4. 411 ACKS
NO. 21005
E)94=0-5
-\=—Swlw
7r.
s *n4,3r I 160.7ir
UPC W m 1/2
OF 1 1/2 CF rw 1/4
or OvAcrAftolL at 13
L61
1"Im
eat L04K CF
FSA"am sm is
ta III IV
MILLS LAND & WATER CO.—/
PROPERTY
IBM T-02r. —
46
"m
cljp.u.) LaNrllr a
-rib
N IRWM
14' cum 01 FRACT60101 Nlame 15
twu in mot
9AIMMI 'W
STATE PARCEL 4%T DUAL) V, DlMtW=M OF NEOLAND It
0.02236-2 AND HAWLTON AVE M0119111 OF
i3d.5441.01 SOFT, STATE PARCEL FIRACTMAL SEC. 13. 11126 RIIW
&00 ACRES f 102239-1
(NEIASED)
SUMS as son.
lw% xx 19.1"'PAM
\� "I,
�& 'p
%
%
r ..... . .
Im.
R/w aftt= i=mTv FIOW�/7"
Comm% QSTRCT. 00-1
8001c 57606 Pa. Is
250' 125' 0 250'
GRAPHIC SCALE
5QALE� I' = 250'.
LEGEND
BOUNDARY OF LAND
TO BE GRANTED
CROSS HATCH INDICATED
EASEMENT TO BE GRANTED
P.O.B. POINT OF BEGINNING
T.P.O.B. TRUE POINT OF BEGINNING
0
Tom
fir
E
0
EXHIBIT 6:
w
S
400 800 Feet
MOM .................
0 0.2 Miles
PrAdeadal
Residential Low Density
ReidentilMaditunDerity
Rcsidential Me&= Higb Density
Resideritial Fngh Dmity
Cognmarcial
r�
CA musc al Regional
counnemial Visitor
commmcmi Oummi
CounnarcialNeight-thood
CA &I Offics
Indufftyini
W..
Tdustrial
Iffixed Use
!—%-I
wncdu.
=mff ;
Whed Use Rarbontal
mm
mAteduseverticali
GeneraR PRan Designations
Gpen Space Conmercia4 ladvifftrirl.4 And
Welland Conservation Mixed Use Denitty Schedule
r A! Recreadon
Past
5ft'79
Sham
F—� D-
water Recreation
PubUc
::, r-I
Pbll.
,7-rFL1
Sclsoal, HospitmL Church
(encifflying dcffipsdm)
Riglit cifWay; & Bridges
Pmpo,cd Agmaxd.1,
(Cw=ly maids City SmdeY)
Density Code
Pcnniucd Density
F1
F2
FZA
is
.50
0.75
F3
R
F5
0
.25
1.50
F6
2.0
F7
FS
F9
F10
Fll
F12
F13
3.0
1.5 NU)-0.35 (CM dalacc
C
'W
.5 NU)-0.5 (QW distar
I 'Use
1.5 NU). 1.5 (C)r25 d3l/&C
. ae
�W _,
2.0 (MU)-2.0(C)f2S dulne,
3.0 (MU)-3.0(C)a5 diiisc
l.5(mU)-0.5(=1 I Ld
F.add-d pi— f.. "C�
S,bw1;J.fr,b1. M.-I fML..dU. 0—.C"C—.W Pi —
Overlay Saffixes
4
Auw District Overlay
-d
Deep Overlay
-h
Historical Overlay
� ( )
Whed Use Overlay (hGxcd Use OcrLJdtY)
-pd
Pedcatrim Overlay
-MIP
Rcsidential Mobis Ham Pak Overlay
-9
Sp.-cificKinOmisy
Pubfic Works Department
ih—
HB GTS
Sepmmbcr 2001
121rip"A
0
EXHIBIT 7
—�7
Cnil
Residential
MR
Residential Agriculture
FE-1
Residential Low Density
Residential Medium Density
Residential Medium High Density
Manufactured Home Park
Commercial
M,
Cammcrcial Visitor
Mil Is Land and Water
i a
ity Information
Propei
City qfHuntington Beach
Doncester Dr.
1191,01 J
Zoning Designations
Industrial
PW Industrial General
=,m. Industrial Limited
Open Space
FRTI Coastal Conservation
FW Shoreline Subdistrict
= Specific Plan Designations
I - I RightofWays, Bridges, Channels
R
13ft'"M i
Public Works Depart-ent
HE GIs
Octobw2ODl
0 j
RCA ROUTING 9HEET
INITIATING DEPARTMENT:
City Attorney
SUBJECT:
Mills Land & Water Company
COUNCIL MEETING DATE:
June T.2004
NT -A
ICI
... . . T Ua'�
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
—
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (if applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
'A
EXPL NATION, FORMISSING"NT-TAG
V� TT,
'�E-X-PL-'ANATIO.N'FOR'�§RETURN'�-'�'OF,.,�-,,ITE
RCA Author: J. McGrath
JUN-07-2004 10:01 CITY OF HUNTINGTON BEACH
?14 536 5233 P.01/01
June6,2004
City of Huintington Beach
2000 Main Street
Huntington Beach, CA 92648
C=
Attention: Mayor Cathy &reen and City Council Members
cr
Reference; Settlement litigation between the City and Mills Land &'Wate
Company.
c::)
Ladies and Gentlemen:
Before you today will be a recommndation from the City Attorney
and the Director of Plannirg for you to approve the omet%dc4 settlement
agreement between the City and Mills Land. This process has been forty
years in -the making and means, when approved by you, that this chapter in
the history of the City can close and the evolution of the Oys southeast
can comfinue,
This settlement seem to provide the bee for all sides since the City,
Mills and the wetlands areas are given the ability to become what they are
beat suited to be. I am pleased to see it also looks into the future to
provide the area with what will be best for all, including the residents that
live there now. Additionally, I am ple4sed to learn that an easement has
been iincluded into the agreement for ingress and egress of future wetlands
mitigation.
All in all, this Is an agreement long
your approval of it.
?v7
mded. I urge
ZIZ41 Lochlea Lane
Huntington Beach. CA 92646
714-536-8695
gdfthr2@msn.com
TOTAL P.01