HomeMy WebLinkAboutConditional exception 707 - Davenport Marina Expansion - Tra i
VOW
eOUNC!L - ADMINISTRATOR COMMUNICATION
W. C. •lAfM
To Honorable Mayer and From City Administrator
City Cowic it Members
Subject KW I NGTON HARBOUR CO RPORATI UN Date July 29 , 1974
Y. CITY OF HUMTINCTON BEACH
CASE NO. 21182 (UV NO . 7041)
Transmitted herewith is a cony of peremptory Writ of Mandamus in the
subject matter whereby the Orange County Superior Court commands
the City Council to set aside its revocation of Use Variance No . 707,
an action taken at its meeting of February 19 , 1974 . The i,ity Attorney ' s
Office suggests the following action :
That the City Council comply with the Peremptory Writ of ?Mandamus ,
and sot aside its revocation of. Use Variance No, 707, an action
taken at its meeting of February 19 , 19740 and that its cease and
desist order of November 14, 1972 be dissolved forthwith ; or, in
the alternative, that the City► Council authorize and direct the
City Attorney to join In an apreal to be taken by Intervenors . 1
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If the City Council elects to the taking of an appeal. , the history and
evidence, presented in this action indicates little likelihood that sa
appellate court would reverse the judgment of the lower court.
Respectfully submitted,
z % 0. ewvw-�
David D. Rowlands
City Administrator
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• 1 LBEEN AND BROWN
Z Attorneys at Law jL �.! �' 1E.P• si
615 South Flower Street �,, , •'`
Suite 1201
3 Los Angeles , California
624-1001
Attorneys for Petitioner
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$ SUPERIOR COURT OF THE STATE OF CALIFORNIA
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9 FOR THE COUNTY OF ORA14GF �
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11 HUNTINGTON HARBOUR CORPOI- ATION ,
,� a corporation, ) NO 1. 2l 820 'r
13 Petitioner , )
14 Vs ` )
PERE^4PTORY WRIT
13 T11B CITY OF IIUNTINGTON BEACH, OF MANDAMUS'
etc. et 'al, ,, )
' 16 Respondents , ? --�-� -- m ...,. ,
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17 WI1LLIAM S 1 PUPCELL AND WI LLIAM
i$ A. CRAIG, 64
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19 , Intervenors . )
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21 The People of the State cf California
22 To the City Council of the City of Huntington Beach , Restiondent :
23 Judgment having been entered in this action , ordering that
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a peremptory writ of mandamus be issued fror,+ this Court,
YOU ARE HEREBY COMMANDEDimmediately an receipt of this
26 writ to swt aside your decision dated February 19 , 1974 , in the
27 administrative proceeding entitled !Revocation of Use Variance
No. 707" , which proceedings are hereby remanded to you and to f
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1 take any furthor z ct,icn specially enjoined upon yuu by law; but
Z notPsj.rg in thiE: writ -3'nall limit: or cont-iol to any way tho
3 ,! W.scretior, legally vested in you; and
4 YOU ARE FURTHER COMMANDED to make and file a return to
5 this writ on or before_-t�,� � �7��, 3974 , setting forth
what you }lave .'tine to comply .
8 • �s;.'.. `r,; M Wil'iarn E. St. John , County Clerk
'�` y �^-,:* �• w. ' �:�' nrt� Clerk
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12 LET THE FOREGOING WAf'T IS5VE.
DATED: L._jLi !Q74,�
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a5 Judge
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RECEWED
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July 18r 1974 TCLILPHaNe 43.-2931
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Honorab a Mayor and City Council E � W E I
City of HuntinUton Bea,;h
JUL I
P. 0. BOX 190 .���I
Huntington Beech, California 92648 CR OF HUNTINCfON BEACH
Sub j act: august 5 Agenda ADMINISTRATIVE OFFICE
Dear Abe. Mayor and Mombers or the CouncU:
Our olf rice J,r repree*ntin$ Mr, WIIXI&m S. yuroell* an
Intervenor In the Huntington Harbour Corporation arc.
City of Runtington Beach 11tigation over th3 Davenport
rim expansion*
viclient and the w4terfront residents around the 1 i"a
a acre wupporving and assisting him with to s►ppeol the
Undate JudWr.t mad* by the Superior Court ard9ring stout'
Honorable Body to rescind your February 18,, 1974 a0tior
revoking Condltlonal Exception NO. 107 .
W* would appreciate, very muoh iy the Cityy Cauftell would
but,horlso tLe 01ty Attornty to join on ita behalf' as a
part**-appallant its an appeal from that Fland*to $udg gent e
y to rospoetfull,y request that this vAtter be made an
Agonft itou an your August 5 Meatting, w W that I bat allow*P
ed the opportunity to appear before and address your
Honorable Body tu.`bth*r concerning this vital mattarri,
very truly Tors,
Woo
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.J I M BENT2 o %+ ^l1°
��, M�►+rlr��rr ,lr;cM,c����,
711 EL. .-MIC AVENUE
SCAL BEACH,CALIFOriN1A 90740
''1Ri/mt 2 TrLEPHUN[ 431-2E37
March 13 , 1 9 7 4 (7141 846.7113
1RTF[R 01I9FOLY TO: 4444
'. Honorable Mu- or and CityCoulxcil
City of Huntington Beach
P.O. Box 190
Huntington Heach , California
Subject: Formal Reques4, for City Council (a) Revocation of
Conditional Exception 707 for Violation of Condi-
tions , and (h) For Abatement , Removal and Enjoin-
ment of Parking Lot Maintained on Westerly One
Half of Lot 173 , Tract 080 as Unlawful Public
Nuisance , Both Under Ordinance Code Section 9837 , 2
Dear Mr.Mayor and City Council Members !
On February 19 1 filed a two ptige letter with the City Clerk re -
questing a public hearing on the matter described above . That
evening you revoked Conditional Exception 707 , but for a differ-
ent reason than that set forth in -my letter. Quite understand-
ably, everybody felt the matter was concluded and nothing further
was done with respect to the request made in my February 19th
letter ,
Huntington Harbour Corporation commenced a mandamus suit against
the City in the Orange County Superior Court on March 4 seeking
to overturn your February 19th action. In my view; even if thi-
suit is successful , it would not decade the question of whether
Conditional Exception 707 should or could be revoked for the
reasons and upon the grounds set forth in my said Pebruary 19th
letter .
Consequently;, I respectfully request the privilege of appearing
before your Honorable Body during the Oral Communications portion
of your March 18 meeting to ask you to set a date f.OY, notice and ,
conduct a public hearing for the revocation of Conditional Extept-
tion 707 on the grounds set forth in my February 19th letter .
Tii"nk you very much .
Very truly yours ,
M t*
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INTSON
Mck
JOSKI•M 9. tRIDAL. Pm-D.
IMOs rtKiFWAUR LAN[
MUNTINGTON 49ACN, CALIPORNIA
F 1974
City Council
City of Huntington Beach t'^�';;�a t"4#;;1,CALIF,
Huntington Beach. CaUfor.nia
Ike: Public Hearing, Revocation of UV 10 WIS v 4 1 y�
Dear Honorable Mayor and Memb3rs of the City Council:
Your notice of a public hearing to consider action which could
result in the destruction of the Davenport Marina, has been brought
to my attention.
I have owned a home directly across from this recreational facility
since z.:wing to Huntington); Beach in 1964. Dvri,ng this period I have
` ;eased a. boat slip in the Davenport Marina. Because of our close
proximity to the marina and our avid interest in sailing, like many of
our neighbors, we feel that the Davenport Marina is a very real part
of oar home. Removal of this facility would be much more than tsn
economic loss to the many families who use it.
When we Purchased our home ten years ago, we considerAd our home
not only a sound investment but an opportuai.ty to enjoy a truly cvdque
water-oriented community. We placed a trust in its developer. We
also placed a trust in the local government of Huntington Beach—
trustful that its city planning was skillful and, durable, that its zoni, g
reflected good judgment, and that variances If used were granter! .or
only good reason, and then sustained in practico and time. We
btlieved that the community could beat be ewreloped by thoughtful
plannin£: and investment in the future, and there would be little chance
for whim, caprice, or avarice of neighbor, developer, or realtor
to upmet vatal matters of our family envi.rownent. We would like to
continue to believe that.
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Is not the proper solution to thim, problem a simple matter of
determining r,nd then fulfilling the conumitments which the City of
Huntington Beach and the Huntington Harbour Corporation have made
.for local rabideynts in this area. Carta.in;y records exist to verify;
the facts of planning, granted variances, and approved engineeivigg
to make clear a proper course of completion of this facility.
Obviously the removal of the Davenport Marina is not a proper
solution. Most people know the dMerencel between ecology and �
avarice when they see it.
'Vincerely yo s,
i a.eph E. Mal �•
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legf Huntin§tan Fkatho Cal i forni�
February 15. 1974
PH ,
TO MOM i T PAY CWICEFN: -�
Due to the nateft of wy duties in patient service, ! w
i unable to Alan attsnd&'ce to the carincl1 meting-
As a 1699+6 of a boat a 1 ip in Davenport Marin2. ! wl th to y'
vote ago"^st the revocation of UV No. 707.
w . -
a Rasps fully submitted,
G.P. Burks, M.D.
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: "Vit of PuLNat4n11too VC COUNUk
trascnty of Orange as
City ad Beach
C Fk uhar bebn d • sH^ n+� 'q g duly �n o , ,myw• ?'nnt tie is a ;
i eltim of the �lniteA Stat^ over t^ twenty�ea 1 enre.
That br± Is the .Aster and publisher the Huntington '`reach
News, a weakly newspaper of general c1 ation printed and pub-
lished In Huntington &-adch, California and circulated In the said
County of Ormilie and elsewhere and published for the dissemination '
of local and other &wws of a general character, and ha3 a bons tide `.
94bsclptioo list at paying subscribers, and said paper has been _!
eetabllabed, printed and published in the State of Cacll iornin, and
CrAmty of Orange, for at lci.:�,t one year next before the publication ,
oz the ftst, huwrdan of this notice; the w id newsir her Is not , Ad
devoted to the interraatt of, or published for the entertainment of any �.
.� particiuur claw, prufanion, trade, rnlling, race or denominatlon, or
#jW number ;.hereof.
vibe HunthWon Boach New was adjudicated a legal newspaper
! of Sermsl circulation by Judge 0. K. Scovel in the Superior Court
of Orates Clowaty, Oalifornia Augurs 2Ttb, 199i by order No. Ati5031.
That fife ` 1' ICE t? EUBLIC_BEABIN-0
of whlcd the annexed is n hinted copy, was published in said news-
paper at basset n a �1�a Lie
oa mmocing tram the 24th day of
UQA, and mditg an the -24th day of A n u ATY �
{ 1£24—, both faayv Inclusive, and as often during said period and
tam nt publication as said japer was regularly issued, and In the
regular And entim issue or' Bald pewspaper proper, and not Ira
supplement, VO said ratice wag published therein on the following
date@, trrwit:
A4_, 1974
bllsher
Subocribed &W st+t m to before me Ma __.25111 — day of
Notary public
dF Orange County, California
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Noteey FsWk.C.H�rrata /'
desa" Ceaatlr
C�rstnka 6plrw
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Publish 131/74
Postcards
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NOTICE !fir KrELIC iIURINC
Sevoc-itlon of UV Na 707
NOTICE IS HERESY GIVEN that a public hearing will be held by th$
City Council of , tta City of Huntington Beach, In the Council
Chamber of the Civic Center, Huntington Beach, at the hour of
P. M. . or " soon thereafter as passible, on 111c-AdAV
the 1 th day of Sbrua Y. _ ....., 19 , for the purpose of
coriaidering the revocation of Use varience No. 70?, issued by the Planning
Cummission to allow the canstrurtion of a marina and ma-Ana parking lot in the
R1 Single Family Residential District, loceted northeast and southwest of the
Intersection of Rdgewater Lane and Davenport Drive in the Huntington Harbour
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Development and legally described as ,being a portion of - .t 173 and all, of Lot C
in Tract No. 4880, and Lots 385 and 386 in Tract No. 5380.
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All Intereated persons are invited to attend said hearing and,
express their opinions for or against said �revocstion �.
!"+anther information may be obtained from the Office of the City
Clerk.
1DATAC:---,,.j1224ZA-.�....�.....�.,... CITY OF. MMINGMN REACH
By: Alicia M. Wentworth
City Clerk
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„AIM BIENTSON
� 711 ELECTRIC AVCNUC
r�v s[AL BEACH, CALIFC+ANIA 90740
Februs ry ' 19 107r FFIR
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RUNT1Al,i. :I 11'IA�^���CACIf TELiF�HOiVE 431-7637
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Honorable Mayor and Ci.tK Co i 4-d , ""•`" "E''`" T 4444
City of Huntington Beach !�i
P. 0. Box 190
Huntington Beach, California
Subject ; Formal Request for City Council. (a; Revocation of
Conditional Pxceptiou 707 for. Violation of C17nditions ,
and (b) For Abatement , Removal and En j oi:nnenv of
Parking Lot Maintained en Westerly One -Half of Lot 173,
Tract 4880 as Unlawful Public Luis,nce, Both Under
Ordinance Code Section 983'7. 2
Dear Mr, Mayon and Council Members :
The uudersignnd attorney at law, representing and on behalf of
Mr. William S, Purcell , 16922 Baruna Lane, and thirty-five other
residents of Edgewater and Baruna Lanes 1, rjnediately abutting the
Davenport Marina in Huntington Harbour, under the provisions of
Nuntington Beach Ordinance Codes Section 9837 . 2, does hereby
respectfully and formally request and demand that the City Council
notice and conduct a public hearing for the purpose of :
(a) Revoking Use Variance (Condi.tinral Exception) 707 on
the grounds that the applicant *hexer".or has failed to
comply with and has violated the vehicle parking and
parking lot requirements condition of said variance/
exception by constructing homes on Lots 285 and 286 of
Tract 5360 and b:r selling and transferring title to
said lots ar_d homes to others when and whereas the
said application for varience/exception 707 proposed
and offered to reserve and restrict said lots for use
as a vehicle parking lot auxiliary to Davenport Marina,
and when and whereas Use Varience (Conditional
Exception) 707 as adopted by the Planning Commission
requires that as d Lots 285 and 286 be reserved and
restricted fmr and as a vehicle parking lot auxiliary
to Davenport Marina.
(b) Declaring that the continued maintenance or use of the
westerly one-half of Lot 1.73 , Tract 4880 as a vehicle
parking lot in a sirgls family •residential (Rrl) zone ,
without any Use Varience or Conditional Exception
permitting the sash, is unlawful and is a public
nuisance and orderkng all the duly constituted auth,
orities of the City to immediately coxnnence 'actions
and p#oceedinge lA courts having jurisdiction to
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Honorable Ma; or kd City Council.
February 19 ., 1974
Page Two
abaie , remove ar.;l enjoin the further use or maintenance
of said property as a vehicle parking tat oii the ground
that no Use Varience or Conditional Exception: permits
` said parking lot use in said zone in that Use Varience
(Conditional Exception) 707 by its term applies only to
"a portion of L : 173" and Raid applicable portion is
and .rust be the easterly orie•-half of said lot in that
the original application for said "Vaxience/Exception
reserves and retains the westerly one -half of said Lot
173 for use as three single family dwelling lots ,
f It is further respectfully requested thet after conducting such
public heariT,g, that the City Council take such action with respect
to the revocation of Use Permit (Conditional Exception) 707 and
the declaration of the westerly one-half of Lot 7.i3 as unlawful
and a public nuisance as the facts and evidence jusiify and warrant
in the premises ,
This formal request and demand is separate from, unrelated to and
severable from the public hearing presently scheduled for Feb-
ruary 19, 197'4 for the revocation of. said Varien�ce/Except,ion 707
on the ground of undue delay in completion of construction under
Huntington Beach Ordinance Code Secti.on 9837 and 9837 , 1 and it is
respectfully requested thLt the within request and demand be given
separate and independent investigation and co•nsidexation, and that
a separate public hearing after notice be conducted with rospect
to the same .
Respectfully submitted,
JIM RhilTSQN
Attorney for William S. Purcell
and Thirty-F.ive Other Edgewater
and Baruns Lanes Residents .
CC ; Planning Department
City Attorney
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CITY DF Huwinuon BEACH
FtO. BOX 190, CALIFORNIA 92648
PLANNING DEPT. ( 714 ) 536 5Z. 1
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TO: Honorable: Mayor and City Council Members
FROM: Richard. A. Harlov, Planning director
ATTENTION: David Ti . Rowlands , City Administrator
DATEt ?ebruary lg , 1974
SUBCECT: Davenport Marina Tract 4880 in _Huntington Harbou )
The following informa-Aon pertains to the public hearing to
be held February 19 , 1974 for the purpose of considering
revocation of Use Variances No . 107 -
Use Varianec: No. 707 was granted by the City on March 5, 1964
for ::he purpose of pem3itting construction of a marina and
` maL.ina parking lot in I '.3 P-1 ]taw density z eside:n►ial district
loca' .ed northeast and southwest of the i ztersection of Edgewater i
LanE and Davenport Drive in the Huntington harbour area. �
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Tract 4880 was recorded November 15, 1962 . Lot C, in which
DavenMrt Marina is located, was dedicated to the City for
use as a public navigable waterway, however this dedication �
was subject to reserVdt:.:iun of extensive easement right,3 by
Huntington HarbouW Corporation in, over , across, upon , and
through these waterway►s for the purpose of co�r�struetin�� ,
maintaining, using , operating, or renting thereon, free of
any rental charge by the City of Huntington Reach, docks,
piers, wharfs , steps , ramps , floats, landing and other mooring
structures on footings, pilings, and ancillary structures
for bulkheads located cia adjacent properties to the undersigned
corporation and dcckhc►cLses , clubhouses, marine field rotations ,
restaurants, hotels, and other structures or buildings of any
nature or type for aquatic recreation, fishing, boating,
marina, or harbour and other ancillary purposes of all kinds
whatsoever. The: forecrcping structcres axe things to be located ,
constructed, maintained, used, operated, or ranted for profit
or not for profit, foi cavmercial purposes or not commercial
purposes, and for private purposes and uses, or public purposes
and uses in the discretion of Huntington Harbour Corporation
or its successors or assigns.
The entire project, as ,proposed by Huntington narbouv Corporation,
consisted of seventy-fl,trei boat slips of which, sevan are owned
by adjacent homes and :;Jxty-eight would be rentals owned by
Huntington Harbour Corlxxa<tior:.
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rina arina (Tract 4880 in Huntin, tiarbour)
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In 1964 permits to install slips on the entire marina were
obtained from the CorpR of Engineers and the Cite . Only
eighteen to twe}rity slips were I.nstailed at that timo. in 1967
a pemit was issixed to Install an additional nine slips and these
6lipe were installed shortly thereafter. The Corpse of Engineers
on March 10 , 1971 and -the City era June 20, 1972 issued a third
permit. for the installation of the new docks .
On 'November 13, 1972 it was brought to the attention of the
City Council that construction of thin marina and other work
within Huntington Harbour may be proceeding without bonefit
of as Envinonatental Impact Report. The City Council therefore
imposed a one week Ceaae and begist Orden on cunstruction
within Davenport Ma:+ina. on November 20 , 1972 the City Council
imposed a .second Cease and desist Order with the stipulation
upon Huntington Harbour Corporation that the Order should
continue until as Enviromental Impact Report was prepared
and presented pursuant tr., the City ' s interim policy for Environmental
Impact Report: procedurns. (The City first adopted Environmental
Impact Report procedures on November 20 , 1972 . )
The City Att orney ' b office was asked whether Use Variance No . 707
was still valid because construction had not taken place within.
Davonp rt Marina since 1.967 . It was pointed out that there is
no vrovi3ion in. the Huntington Beach Ordinance Code which requires
c=pletion of a project within a specified period of time. The
only provision of the uode specifying a time limitat.,,c.1 is
Section 9537. 1 which, requires that actual construction must
comwnnce within one year from data. of final approval . There
does nit appear to be any question that the requirements of
this portion of the Code have: been met.. It is noted , however ,
that Sezti7n 9837 .1 goes on to state that " . . . for the purpose
of this Section actual construction .means that construct ion
has started and is proceeding •.:ithout undue delay. . . ' Whether
"undue delay" hata occv rred in this project is a factual question
which the Council must decide from the evidence presented at the
public hearing.
The City Attorney has stated that if the City Council finds
that construction has been unduly delayed, then Use Variance
No. 707 may be revoked , however it is necessary for the City
Council to be very specific: in stating the facts relied on in
finding that there has been undue delay or Council can order
completion within a specific time. If ►:he Council finds that
-the property a• +:originx Illy contfmplated proceeded without
undue delay , then the Use ,7ariance cannot be revoked.
Thr question of subject property ' s zoning has also been raised .
It is pointed out that the districting maps do not carry a
none designation. The property was zoned in R.i eagle Faunily
Reeldential when developcMent of Huntington Harbour began.
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Davenpcort Mr,rine (Tract 4800 in Huntizi%ton Harbour)
The Connut, ity Facilities DiSt1-let (CF) was created in 1973 .
This 0i%!'4.rict was created specifically to designate areas
acgQir. ed by the Cl.ty or other public agency for education,
recreai..ion, health , safety, govertvnental. , and other public
plirposaa. The Community Facilities symbol , CF , may be placed
on Lhe official, zoning map of the City by the Planning Director
to designate such property. No public hearing is required .
Xn lute 1973 ► the Planning Direc'-or authorized the designation
of all watervays within Huntington Harbour Corporation CF-R,
f Community r ac.il iti'Is
Whether t-he Planning Director had the authority to designate
the prop(-,rty in question CF-R is questionable because of the
easements and reservntlons held by Huntington Harbour.
Corporation. This question is discussed in further detail
in City Opinion No . 74- 11 dated January 31 , 1974 which is
Attached for your informa t'on .
Respectfully su i ed.,
VI/V
IFI
ard A. Harlow
Planning Director
RAH: -'a
Enclosure City Opinion No. 74-11. �
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OPPICE 0V THE CITY AT'1'ORNEY
OPINION NO. '111 -11.
Jarlapry 31 , 1.97'11
SUBJECT Dave npovt Mrai-l.na
REQUESTED BY : Dori P . Borifa , City Attorney
PREPARED BY : John J . O 'Connc)r , Deputy City Attorney
QUE3TION 1 : In Subdivis.-Lon 11880,, Huntington Harbour
dedicated a fee intere.3t to the city In
the property underlying the channels .,
w1bh a rese"2vation of casement rigbts
to construct a inar-InR on ",he zurfac.e .
Iti this vesel,,vation of easement rights
to construct a marina legally valid?
ANSWER 1 : Yes . Reservation of marina rights on the
surf-ace of the water is "Legally 1ralid and
Hunti&rigton Harbour has the right to construct
the marina subject to the limitations dis-
cussed hereinb,, Iow .
QUESTION 2 : The pi,operty underlying the channels was, zoned
R.1 at the time of dedication to the City .
Was a. use variance necessary ',-,o construction
of a marina?
ANSWER 2 : Some cases hold that even though 'U-hp property
is owned by a public entity and therefore
exempt from zoning regulations ,, development
of the property by private interests must
conform to appropriate zoning limitation::: ,
therefore , a use variance would appear
proper.
QUESTION 3 : Zoning of the property underlying the
channel has now been changed vo a cariniu-
nity facilities district Cles,i gn at i on . Is
a marina permitted in a community facilities
district?
ANSWEP 3 : A community facilities district permits
"recreational areas " , While recreational
areas are not furthsr defined in the code
it would seer that thin category is broad
enough to encompass marinas .
dwrift
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• OFf ICE OF THE CITY ATTORNEY Jan. i i a ry 33- 1974
Opinir)n No . 74-11 Page
QUESTIOP! J; F to thi nrooert%, underly-trig the iiar--Ina
is owned by the City subject to I.he 11!untington
Harbour C01"PO,I'ELL"1.011 ' 'S, 1'e S.C-1-ViAt I.Orl C . an 0a:3 0-
Mellt 1'01- r)V1.Vat ` PV0PP2'ty USO!; , 'L1,01LIdIng, a
inarina . I's of the su.-fcice f'or PrJv.-1L;c
marina purposes legally val—id?
ANSWER 11 As a condition to accepting the dedication
of the fee underlying the marina and i n
approving Tract J19, 80 , E;,untingtojj I j
arbour
C(:)*!.,poa.,utiau expre:3:;Iy ro,,;erved uz-;e of the
,,.mace of tho charinel for marina purposes
Th.j.s is a private , assignable easement; and
the owner has the same proprietary ,rights
as an,,,, other owner cf private property .
There 1.,, no r,eq LI-Lr,. ine tit. that it be used
exclusively for public purposes .
QM13TION 5 : Would it violate constitutional provision of
equal protection to restrict use of the, marina
4L-,-c) allow the Huntington Harbour to restrict
use of the murina to residents of Huntington
Harbour?
ANSWER 5 : Since the easement rights are priliate
property , and the marina is held in a
nrivate proprietary capacity , as such ,
I.t can be restricted to the use of
Huntinf,ton Harbour reoldents ,
DISCUSSION OF QUESTION 1 :
In 1962 , Final Tract; Map 4880 filed with the Orange County
Recorder . Under provtsion3 of this subdivision, the City of
Huntington Beach accepted dndir-;ation of the areas designated
as waterways -- "for use only as a public navigable waterway
and no other purpose whatsoever, excepting and roserving however
unto ** Oiuntington Harbour) ** , the following severable and assign-
able easements and rights of way in , over., aciozs , upon and
through ** (these waterways ) ** for the purpose r,!* construct-
Ing, maintaining, u8ing , operation or renting, thereon , free
of any rental charge by the City of Hunttngtori Beach , docks ,
piers , wharves ,, steps , ramps , floats , landings and other maoring
structures , a-ad footings ,, pilings and ancillary structures
for bulkheads located on adjacent properties to the undersigned
corporation, and dockhouses , clubhouses ., marine field stations )
restaurants, hotels , and other structures or buildings of any
naVire or type for, aquatic , recreation ., fishing, boating., marina
Him*
'"4
I
.4�
OFFICF, OF THE CI'VY A'r;rORNT-,',Y .31 , 1.9 (4
Opinion No . 'I'll-- 1*1 3
or harbor ., and other ancilla-i-,y ptirpoue:,3 of all kind:.7, , what-soeve'r ,
the forlegoing structure,,; and to !)e conoti-u.cted .,
malntalt-ied ., u.-,e�J , oporat�:�d., ov renLed for 1,rol'it or n'A 1'or pro-
fit , for PurJ)c";e.:; or noncommercial pu.r-)o,,;es , and for
private purposeo and ii.,'--es or public, purpose, and uses in the
discretion of ** (Hunt Lngton Harbour Corporation) ** or JUA suc-
cessor5 and assigns . "
A rond..'.nf- of th,_� at, luach,-!(I lievotc., aL; Sxhlbit; 1 )
makes it abundantly clear that the City of Huntington Beach
An accepting the dedication agreed to a broad arld. pervasive
reservation of rights In the }aunt InGton Harbour Cot r.,orat ion .
and this reservation expressly permi';s the construction )1' 'a
marina as proposed oy the Huntingbor Harbour Corporation .
This is a reservation of a private proprietary easem,�nt , J.s
legally valid ., and was agreed to and accepted by the City
tinder those terms and conditions .
DISCUSSION CF QUESTION 2 :
The property underlying the waterway was zoned R1 at, the time
of dedication to the City , and has remained zoned Rl until
several months ago when it was toned to a community facilities
district . The law is well settled that a public entity is
not bound by i' s zoning . 1��i 1 ( " 95
.4 t; _��y V . City of Los Anfteles . Is. 6 )
46 C . 2d 132 , Kubach Co . v. McQuire ( 1926�799 'C , 215 ; 32 Ops .
Calif . A .(; .
(; . 143 ,i California Zones Practice ., Section
859 , Page 355 . However ,, there is some authority which seems
to indicate that even though a rub.lic entity is not bound by
zoning regulations , that a prlVdte developer desiring to con-
struct a project on prcpertl., owned by a pub*,'.ic entity must
comply with existing zon-1 , -; rogulations . VU).se_y_ & Co . V .
San Bernardino , ( 1957 ) 15 . 2d 145 . Howpyer , in the
Wilsey, case , the lease expressly provided thnt the structures
would have to comply- with local zoning regulo.t ions . In
the present situation involving Davenport Marina., there was
no express requirement by the City in accepting the ded,'.cation
that conntrumtion oV the marina or the other designated faci-
lities comply with zoning regulations . Huntington Harbour
Corporation did in faot request and sect.. -v approval of a IAye'
variance from the RI zoning, for, construction of the marina .
While this use vaoiancc may not have been required in view
of the conditions of acceptance of the dedication, since it
has been procured with the approval of the City , and in any
event may no longer be required in view of the rezoning of
the property to community facilities district , this quentlon
Is now moot .
1
L,1 i i
OFFICE OF THE CITY ArPTORNEY January 31 , 1.974
Opinion NO . 74- 11 Page 4
DISCUSSION ON Q11FI ST:ION 3 :
CommunIt,y facll.itftess dLst;riot;s 6esl naLed CIP11n purml. "recrea-
tional art-ras " , Recrczt:iorial areas arlo riot; furt;he*, defined ,
howeyver, they would Sf.-LN l tc enccmpass a boating r !cr uatlonal
facility such as a marina . Weboter' s definition of "r\ocl-oa-
tional" is "equipped to provide lolls, rslon or amusertr_rlt " .
bor•,tti.ng is ge,►le?2'Ia:115' accepter] as a recreational accivit,y .
DISCUSSION ON QUf.S`1'ION 11 :
The fees to the property underlying the waterway is owned by
the City , however•, ther'4 has been an express veserva'Gion of
private proprietary surface: easernents of the v,ateruay for
the purposes enumerated and set forth under the discussion
of Question 11 supra. These res r. a'::tons, expressly include
the use of the surfaces for Z marina . Therefore , use of the
euriace of the waiver for marina purposes is riot, use of pu),'Iic
property but in fact use of private property under rese:�,vatIons
of the private easement which n-as been expressly re served
by Huntington Harbour Corporatioii .
DISCUSSION ON QUESTION 5 :
i
It necessarily follows from our discussion of Question 4 that �
since the reoervatfon of an easertisnt for constru: ,lion of a
marina is private property rather than public property , that
Huntington Harbour Coiporation can restrict and limit use of
,the marina to residents of Huntington Harbour, if they are so
disposed . Since the easement for construction of ;he marina
remains private property , there would be no constitutional
prohibition against: restricting use of the marina to residents
of Huntington Harbour . Of course , Huritli-lgt;on Harbour Corpora-
tion could riot discriminate against residents of Huntington
Harbour o:• the basis ' o.f ages color;, sex , etc . ari provided under
the: Federal Civil Rights Act of 1964 .
J'OHN J . #ONNOR
Deputy C�. y Attorney
.TJO : er
r
LOTS SECTION 29, TOWNSHIP 5 SQU I )A , HAN
ACRFES
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^;rri4;hti` '
Draft of f lndi ng.,; for Councl.l (to Connie Brockway )
ilie City Council of the 1�4k1-.y Of Huntington Beach finds :
1 . rehat Use Variance 777 was granted to Huntington Harbour
Gor•porat &.on in May 1964 for rieventy--five boat slips in
the area knotin as Davenport. Marina in Huntington Harbour .
That from �?ay Z�161d to AlatiremUer 1.9?'' only tFv�nty--nA ne boat
slips ware constructed pursuant to said permit .
3 . That a cease and desist order wa;- issued by the City Council
of the City of HuntI ngtr.n Desch in Notember 1972 to renal.n
in effect until an env:ironriental impact report had been
prepared . That :no attempt was made by the Huntington
Harbour Corporation to remove the cease :.nd desist arder .
4 . That during the interim period the Huntington Harbour,
Corporation constructed fifty--two boat slips in nineteen
months in ChAstiana ray and sixcy-three boat slips :in
fifteen months in Tennis Estates in Huntington Harbour . �
5 . ThLt major environmental changes in Huntington Harbour
have occurred since the granting of Use Variance 707 .
That the Davenport Marina portion of the harbor has
become seriously affected ecological.l,- by trash , debris ,
and water pk,llut;ion . That during th.! interim period
the Huntington Harbour Corporation has caused additional
slips to be constructed in Christiana Bay and Tennis
Estates which have contributed to these environmental
9nd ecological chanc;an and that to permit continued con-
struction 'o.f the remaining slips in Davenport Marina would
further contribute to the environmental and ecological
changes .
6 . That; t;he continuance of this use vE t•i .rice would have
serious detrimental of fecto on the - ,ea in that serious
parking problems have arisen which would be further com-
plica toed by the installation of more boat slips .
T . That the Huntington harbour Corporation has not satis-
factorily explained -.',he delay in proceeding to install
the remaining boat slips under Use Variance 707 .
$ , That the H,Anti,ngtun Harbour Corporation has not obtained
vested rights to install. the remaining boat slips under
Use Variance 707 .
(Page 1 of 2 pages)
rl,
l
i
` Draft of findings for Council Minutes
� . That thy: fact that only twenty-nitre 311.ps were .installed
in 102 months constitutes unreason,ibl- delay within the
proviaione of tiunt-ington React. Crdiiriance Code Seotion
9837 . 1 .
10. That Use Variance 707 be revoked .
2/26/74
f`
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PIMLI& d RING - RkV 6F USE VARIANCC NO 707 -�REVO% _ ION APPROUD
"Mayor Matney announced thAt this was the clay and hGur set for a public hearing
to ce;,slider the revocation of Use Variancr '' 707 issued by the Planning Commission
to allow the construction of a merina and irwrina parking lot in the R1 Single FArnily
Residential District'., located northeast and scuthwst of the intersection of Edgewater
Lane and Davenport Drive in the Huntington Harbour Development and legally described
S
as being a portion of Lot 173 and all of Lot C in Tract 4880 , and Lots i and in Tract
10
**The Senior planner displayed a map and aerial slides of the area under consideration.
*'"Discussion was held by Council regarding the di spos i do f two lots in the project
rr'F
and Mr. TVm Winfield , Attorney for Huntington Harbour Corporation clarified. the natter.
**Mayor Matney declared the nearing open .
**Mr. A. W. Knox, 3322 Faster Circle , City, addressed Council and requested that the
City Attorney' s Opinion on the matter be presented. The Assistant City Attorney
Jt' I
..City Attorney Opinien No. 74-11 dated Janucary 31 , 1974 for Cruncil 's information.
**Mr. Knot inforr.vd the Council tktxx tlh�w the Huntington Harbour Property Owner's
Association had adopted a recolutiovi urging that no ramie slips be constructed in this
area.
**Mr. Dim Bentson , Attorney, representing Mr. William S . Purcell and 35 other residents
of Edgewater and Baruna Lanes , addressed Council and stated that his clients were not
opposed to the 29 existing slips but raftxx were opposed only to the proposed development.
He presentee the reaons why he believed that there was undue delay in constructignot the
i
marina.
"Mr. Bill Craig , 16911 Edgewater Lane , City, spoke regarding what he believed to be the
de�ariorating quality of the water in the area proposed for the marina,
**Mr. William Purcell , 16922 Baruna Jne , City, addressed Council and spoke regarding a
Comparison study which mhbOi he had made of the amount of space which other cities
:esquire for boat spaces . lie also stated that he behoved the areeattexxog development of
w
A marina 1n this area was undesirable.
G
`• 80tson again addressed Council and presented reasons why he beleived the use
V&ri&ftfb sbwl#d be r2tooked and spoke regarding the sale of Ue Ma er Marina Beach Club
:` d f effut on the availabll ty of slips within the harbour,
�, , . , {. "�, � '�, �r �� �s c)s r �.i on of ve5 to(7 ri gnc
s
Mw. +JinfieId 6gain addre�i •gel COuoCi 1 re-jardiny th i coo! p
f
t in thre matter and 1-ra5r:nted a r•esurre 'uf the Environ
mental status of the project .
kilCouncilman Green conrnented an the envirenrental impact report.'i,,hioh6which Council
had directed to be prepared on this project.
**Mr. William Duncan , Regional Representative of Christiana Cori-panys addr-!sled Council
and referred to displays which outlinae the ovigi►ial , City approved and proposed layout of
the marina . .. r,.�. :...,.�.
44- r. Winfield �again addressee! Council and gave reasons 4ihy lie believed there were no
leg„1 reasons for revocation of said use variance.
.ussell Woodson , 5152 He, ' Ave►iut:, Ly , ovneer of a slocip nxaorf�d in the rrarina ,
r
addressed Council and stated that he believed there was sufficient parking in thW
area and that the problem fif trash pollut•:on was not ;•est.ricted to this particular area,
though the trash did tend to collect this location.
owner of a boat rmocired in the Warner Marina,
**Mr. Donald Smith, 16991 Lowell C , rr.'le , City,.-addressed Council and
pave reasons why he believed the use variance should X i1ot tie re ,oi,eu .
"Mr. Robert Wheeler 1686T , Stiles Circle , City , owner of a sailboat in the Marina
&ddressed Counci i and stated' his cone that- i the use variance should be revoked-:tWV
:that the off-water people would not have a place to dock their bout,, r';e also
spoke regarding the trash p0lution in the harbour.
"Mr. Nat Wilson , 17115 Roundhi l 1 Road, City, addressed Council and stated that he believed
there was. room in the Davenport r-arina for additional boats , however, he believed any
expansion should be carefully limited to ensure the privileges and rights of the residents .
"Mr. Jim Bentsen , At aft;mat r46". again addressed Council and presented a rebuttal
to the statements made) the. opposition , and g?ve reasons why the use variance should not be
re9oke.d.
"Mr. Thcrnas again addressed Council ne presented a rebuttal
to the statements made by the proponents of the issue. Fie read froil the CC&R 's on
the property in the area which state,-, that res idepts would ba_ai ven first spice prefdrence
in the marina .
**Mr. Robert Alberts , Attorney at Law, addressed Council and urged that pr+ovidions be
made whereby Kestiva9t all residents including off-water residents be assured of a
space in the marine .
**There being no cae further present to speak on the matter and there being no
r` .1UPt ►er protests filed, either oral or written the hearing was closed by be hayni;
�y... moil , repre tat e. _f ington ego ding
1r..tf'"ttt+t*'ti�e v me i sir vc 'er+� - .,�., 4,.•;�.,�,,
'the that Use rtnce�i o ��D�'' ; a Oil
ars es ul t of i dence pres$ir e,.�ildi.�.':..?' , no
g rQ"#�as ue delay in r,t;structiorr o the projett sin i 'suanM '
' �~ "`• 1 Changes hAYA�ccd'r-red d that r `r
w�yl
7 7-
de)Ay that f a r peri od al' 102 mont there have been ,y Ift. s1 ips
/Huntin
since 1964 ane t further there been no reason vary by
Harbour Curpo tion during t�rhearing for the ay in completion .
n was i�as _ed by the fe wing vote:
unt/me
Shipl , Gibb5 , Green , DLI*tf
un sar ett, Matne.y
ABSTAI1;: Coup J mien : 'HX Coen
ABSZNT: : Counclinen : None
**Discussion was held between the Council , repri.sentat►ves of Huntington Harbour and
the Assistant City Attorney regarding fifer dispositio►ioF the present 25 slips
If the use variance is revoked. tip
**Th? Senior Planner advised Council regarding various aspects of the matter` r ,':� ►�, flr.0
X
**A r:otion was ►n<ide by Ceuncilnian Green that "'se Variance No . 707 tie revoke ; td the
it Z t K _
s.ho _de1 in ron pro , y� tal
changes h Mee of this
IIN"
c1nc..- un . del hat
in a t 4 ricWa _?n?_w hs they 'Save tree ly lips C'M ince 4 and that
furs &_1 et i re has beer, no reasons :t. arbour !, ing the i
hearjug—For th _ " ' n. The motion :- -pawed b he follo vote:
AYES: ouncifnen : Shiple eems
.G• screen , Duke,
NOES: 71'atney
ABSENT : Councpfe Af 4--L,oAe
ABsTr1IN: %0 men : Coen rIle
ft
Ir. '
VI. ,
l•
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Gentlemen :
• stl e Ct of, e.. p 0 r t
Wt,, re ttr 2 nd req. 1 d !mtf,; of the
. f. 0 �3 ni A ,
Corner house )ri I Frq Veit, t t rktrer
I Ot'. We be I i e v, t'll-'I -,-,2r!ng. 1r, this
area sh f;u 1 d be fti s e(I , I oat! Pr g f 11th
ariO t rA f f r;t r) r(, r -)li !r.tro I now,
T
'21 r r,,,, n g p n,,e n t off'
t tie dor-ke rigern were
floated in ) rl( '11Fe t,� c O'l I f, t I r, t.r.e unttl
rerinved by ci
var:- we e i,L.s 1'k. t h t E'.
Car 1 t
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we ask thmt ti- ey 0 0 r, t ru e
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w'fimavit of Publication E ,. „
CMAV of Ciraft ar any
e so ,
Y caw Qt Hmtwvm fleftch
C*WZS !'arqublar, belal dull+ sworn on oath, says; Taut he is a +
ddm at the Wilted SW OK over the age of twenty-one years.
7bat jw is the pointer and publisher of the Huntington Beach
Nowk it weekly rmwapaper of general circulation printed and pub- "h5
NAMI in FuntiWan Beach, California and circul%ted :n the bald
Cotuety of Orange and elsewhere and published for the diamniematicn
of lomi recto other n *2 of a general character, and rse a bona fide
subrc'trlption lint of payWg ssulacr)be'rs, and said paper hae been
' wetaWlsledd., Whited and published in the State of CaliMmia, and
Qounty te, OmMge, for at least one year next before the publication
of the first kuertion of this nodee; ax d the said newspaper is not
dwvtvd to the itrtertar of, or published for the entertainment of arsy
partieaiar eAm, pmfetpt$m trade, t:aiW. race or denomination, or
any toamber thereof, - 4 ,
The Huntington Beach New was 10judicated a legal newspaper
of =caul circulation by Judge C. K. $cove) in the Superior Court
or
Cksu a CSaunty, Califwala August 27th, 1937 by order No. A-5931.
, t t Hearing - RRvocati.on of
W .U.- 707
of which the aunexid its a print AA copy, was published in said news-
poier at lust _ one issue
*vn(nencinj fr�'ni the 24 t h _ clay of - JS n ua r y _
lid and ending nn the e_^.f4' h day of Janiary
19. 74 both days ircluatva, and as uften during tiaid period and
times of publfrt.tlon as said pa.licr %vas regularly issued, and in the
regular and entire Woe of said pewsnnper pro vr, and not inn s'"
supplement. and said notine was published therein on the fullowing
dates, to-v vi L:
y
Jat'1llA Py 24 , 1974 �
�.
Wisher
Subscribed and ovro su to before mw this _—22nd day of
1 February
Kati .A Notary Public
change County, CaUfornia
T"OMM D:19M]
"04- ► 1
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(published Wmtingten Beach Isere Mar.
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TMAL NOTICE
NOTIC% CW PUBLIC0 HBAAI'rfC
UV NO. 707
W7104 Ig HEMY GIVXN :hat a pub-
kit Zia hearing will be held .'7y the City
planning Comiesion at the City of H,unt-
ingtan Beach to the Council Chambers
of the City Hall, Huntington Beach, Ca]i-
forula, at the hour of 7 :30 o'clock P.M. ,
or Tuesday, Horeb 17, 197A, for the
paxwee of considering a ; otition for a
URI VAAXMCS to regulaLione of the
Districting Ordinance.
To allow the coustruct ',on of a
trim and marin& parking lot in
the R-1 Single Fo% t,".ly Residence Dia-
trice.
Located northeae,, end southwest of
the intersection uF ?dgewater" Lane
and Davenport Drive _n the Hunt-
ington Harbour Devel-ip uent and
legally described as being a portion
of Lot 173 and all 3f Lot C In 'tract
4880, and 'Lots 385 , and 386 Tract
5380.
All interested pa.rewns are invited to
attend said hearing nad express their
opinions frr or againat grenting the
proposed USE VARIANCE requested by
said petition,
Further information may be obtained
from the office of the Secretary to the
Flaming Gomaaission.
*SATED this 5th d*y of March, 1964.
r
Lift rEAXW= CCUUSSION
by: w. C. wARNsi s
Secretary
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Cnunly of Orina
f�p�f Nta1t311E t rnt �ae'h !
c llrerutzhar. bring duty sworn on oalih, rya: 7%at he 4 t ���f �+,�� I��IM 1�t�ti �
+FTr-!il t?IR L,'itilt�: riv
er the alp, of t•c'rn:y-cane 4PaL» b. vW -
T-.a• -.w 74 the v-ivrer mitt pL11.11SK - r,i '%IV Huntington Reach ► �
•'•..y. vrr•e'k'e% T1i•v4v>..;W?, ^r i�•' ^r't: •`:i"••:1':`=i•=:] F1F1r.:1`il. PiAhl:-tvlmt Ia .
'n `!1!' is .•1 ..-: .•, • ....,r• -,:u - tz.
'WA-la '16 '1' ,'r r7" '.. titjh%cntx7v, 041m tS#Slowar-t. ',.rd psipC. hM% ;01,71 "'Zt. ,as-r--ml. .F,:lr','Li ,1;'u �.. `. ':: :,':: ..c•" �+s� to i �j �iF�
,.f Vvifi. -!gym "tri cr-tin.ti . Irru.v ,, f,.r x ;,'::N: . !'t, t er nenl d i a� � >IUIok �Li
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• 't;r ...�'. .... .n•• r~: r, �, .t �h;- �•,:�r e : �rl� the s� •ew- f, 11K AW �
+VIL.i •,. .•.vtlFi;]Ct• :S t1t}' a,- ,.-+-a: '•11` :•L'�' •,� ;1`it:a'bf:i`t� fGT :�h Flley.� 7 ==m&iW IL �M ;Im
!!;: .i A :\ ^ 1£'.•'1i'.±r NG4. �:.r.�l,lr, tCF_13r, t'caitL:;1i, f}1•t UM Va1LMM Qmp:aSOWk M! 9/ rus.
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.01 1?rsrAe Cotirty l'...7+;7r-,i Augwl :-'L't, 1437, t-y o-tiP� Ne. �. :f�l�f. ;r.rrw� :.I�w.e wilw.++•
�ilr L-i weds .� 76e- 41 -
T. ,. of :,of M wi ado r0 j.e is �-
L JW W . met Low
Lt hleh the art wxetl ` a )i*1Flti d mpy, was p 3t?tis!-! to said news- 43 sessopftd tlev we r-vt a-:1 a
c�t86elei to. K��-_ � faa .__2*
,.Ll. a r. •.:„ - L"'?P- -.i gljP -- - . — — Prvwai Um 4ir7�ai�L
11 �Im�n�nrcl t:u"h t!le _ clay o! _ loy, Ae them .I tw 4*am
r.nd .•reding •,n the cln% of _ a_. C.� - - ! To us *W r iif Psk ?! .
il. W. E; VARW 1
1g. r-�► Wih dhvi ine•l-o; s• Pind as nhen during said perinO end %T•
a I1:npc .,. ,'mbl-eiown -m said {►^.t' r wns r.•P_Ear;_v ►rsuod. and m "eme
"On- mnd en•irr iu;j: gn < id nr'A•sn:-tier pm er, itnK mt in a
tuoyl---nen:. and maw no*we was p..:i!b;h--l:l ;h._ rm on the fn:io�itzg
1 _
C--ub%II'T. *-d and vsvom to before nw this _.-_ :r� dark• of
Notary Publk
'!"AS Ll Llp Orange County. CaWorrda .
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HARBOUR
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,Jenuary 21 , 1974
Mona F-ab i e Mayor rind C i ty Coune i t
P. 0. Box 190
Hunt i Wigton Beach , Ca 1 i fora i s 92647
Attention : David Rowlands . City Administrator
Subject : Davenport Mar i na - -it-act 4880
We hereby request that the Ce.wse rind Desist Orde imposed
by the Council November 1 1972, be _recinded to allow '
Completion of this pru; ect . We believe that all legal
requirenii...,rits have been met for this project to proceed.
The directors of the Hurl t ;ngton Harbour Property Owners
Association have reviewed our plans , and we are in
agreement to provide the 901 clear channel thev have
suggested to allow better manueverability for boats in
that area . This reduce; the number of new slips to 46 ,
and appe,a,s to be a reasonable compromise for all parties.
Respectful I submi tted,
dole L. Dunn
Development Manager
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4241 WARNYR AY1rN11F, HUNTINOT01v nuclei r t
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City of Huntington Beach
&14JES
P.O. I*X 19.. CALIFORNIA oz�
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ENGINEERING DEPARTMENT
January 21 , 1974
f:
s Honorable Mayor
an City ujncil
City of Huf.$ngton Beach
Attention: David B. Rowlands
City AdmW,strator -
Subject: Sunset Heights Seger and Water, CC-274
Gentlemen:
The bids for the subject project for construction of vitrified clay
pi.pe,.sawer main 4rnd appurtenance , and the construction of asbestos cement
pipe water main and appurterances in Green street, Hoskins Street, Lynn
Street, Blan'tcn Street, Sims Street , Dolores Street, Milo Drive, Pearce
Street and. Vr.ai.rie Drive, were received this morning and have: been reviewed ii
*ndLfPVMd tb be satisfactory. The estimate :for the project was $205 , 000
and the proposals submitted are listed below in order of dollar amount .
' It- ia, h1so brcught to Counci.l ' s attention that the Environmental
Impact Roport for Sunsat Heights Assessment District No . 7 2-01 was approved
November. S, 1073 and the funds for the T.roject will cone from sewer Fund
and Water% Funds . Fees will be collected on an area front-fuet basis as
connet:tions' occur to replenish the money expanded from the two fiunds .
1 . Peter Artukovich $164 , 787 . 50
2. Wal- Con Construction 17 6 , 8 0 4 . 00
3. McGuire Construction 185 , 300 . 60
4 , M. L Garten , General Contracting 190 , 264 . 75
5. Kordick a Son 194 , 316. 00
d. The Gallacher Company 195 , 550. 25 (corrected)
7. Rossi Construction 208 , 430 . 00
S. Barron 4 .Eckhaict 208 , 814 . 75
9. Babek corporation 211 , 730. 00
r 10. Card Construction 223 , 859. 80
11. R. L Thibodo 25:3 , 786. 28
'. 12. Hejac Corporation 289 , 223. 95
' It is recommended that your Honorable Body accent the bid and award
the contract to Peter Artukovich ' ContractGr for their low hid of $16A , 787 . 50
subject to the City receiving permit from South Coast Regional conservation
ccMisaim.
Very ft my. yours ,
H. E . Ifar.tge:
HIM:SDD;a Director of Public t1or!cs
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COUNCIL - ADMINISTRATOA COMMUNICATION
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To Onorable Mayor end From City Admiri.str&tor
City Counci + Members
ub�art DAVENPORT MARJNA (TRACT 4880 Date January 17 , 1974
TO HU►NTINGTON HARBOUR) -
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(AGFNUA I TUI L-1)
' "Inlet 4880 was recorded on Nova®her 16 , Lot., C in which the
DawoVart Marina is located , was dedicated to the City, but HuntiiLgton
Harbour Corporation reserved an easemont for the purpose of constructing ,
among other things , docks , piers , wharves , slips , ramps , floats , "land
ings , and other mooring structures .
,,,,Ir * entire project eousists of 75 boa. slips of which 7 are owned by
adjacent homes and 68 would be: rentals owned by the Huntington fiarboar
Corporation .
j In 1964 pe:rni.ts to install slips In the entire !Marina were obtained
from the Corps of Engineers and the City. Only 18 to 20 slips were
installed at that time . In 1967 a permit was issued 'to install an
additional 9 slips and those slips were installed shortly thereafter .
The Corps of En �neers , on 3/1.0/71 , and the City, on 6/20/ 72 , issued
a third permit feet- tho installation of tLe new docks .
Novenber 13. 1972 , Council ieposed a ce'ase-arid-6asist order on the
marina within Tract 4o. 4890 (Lot Q te` *eRrminate on 11/20/7i ; on
Noveenbor 20, 1972 Cou ac'_1 laposed a second cease-and-desist order ,
with the stipstotloo upft the ftmtington Harbour Corporation that the
order should caW until. an Ean-tronmental. impact Peper- was prepared
isad presented g t to tho City's interim policy for EIR procedures .
(The City's R.P. pmodures velre adopted by City Counc i 1 on 11- 20- 7 2 , )
A legal taplaign from tho City Attorney indicates that this Conditional
I t . tt en this project is still, valid, because construction was
book tq 0" issuance of the permit. `here is no provision
IS p . fi4uxt ch 001nance Code which requires completion of a
rojoct within as specified period of time . Therefore, if the project
*Uftod is procoediag without undue Way ," the C. H. remains
p �pe0tian of the 9-year period being construction without "undue
it a factual gUestion ra►thmr than a legal determination .
ti� Attorney recomeanded that , if revocation of the C . E . i.s deemed
8i tit Attorney
provisions of Section 9837 be invoked to achieve that re-
SU31t. cotter mould require a public hearing and, if the Council
(01t, tUt an adequate basis for revocation exists , it may revoke the
CA*dItiomal Exception. If Council , however , is desirous of allowing
ttq, %0J*Ct to proceed, Council could impose a definite time limitation
4vklch the project must be coupleted .
Ri,i .'V S I •'� C,i'II�IAiA'.iF''4.`• "�.le:1e'..,.r;: i..V.'• ' ys'
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CA 74-6 January 17 , 1974
TWOUty ot" the 68 slips which would be owned by the Huntington Harbour
901poretion have been existing for some time ; Huntington iifarbour
Corporation is proposing the construction of 48 additional rental slips ,
They have discussed this with the Huntington Harbour Property Owners '
*cia}ion; the Association wishes that Huntington Harbour maintain
00 Foot channel through the project , the same as in other areas of
. q harbor. Tho Huntington Harbour Corporation will agree to do so .
;;a ? is will probably result in the loss of several slips (possibly Z or
Tho specific information and engineerin ; drawings on the revisions
be presented to the City Council ni. ,January 210 1974 . (The Totter
L-am Art. Knox , President of the Huntingtr n Harbour Property Owners '
Associations is included in Council ' s packet as Item No . L-1 , )
The cease-and-desist order imposed November 20 , 197Z , by the City
Council was stipulated to continue until an EIR hae been prepared and
resented . under the California Environmental Quality Act this is an
'ongoing project" and therefore does not require an EIR .
The remaining permit (a harbor permit) -to be issued under th-: existing i
Conditional Exception is ministerial ; a 11 approvals have already been
given. In the absence of any further discretionary action , nc E. :R is
r*q,aired . If, however, the Coi,d.itional Exception is revoked by Council
and a• new application requi,:ed , an MR would oe requiTed .
RECOMWNDATION:
The City Couwicil will probably want to discuss this matter further
be'tit* re*,ch.ing a definite doncl.usion .
Respectfully submitted,
r
David D. Rowlands
City Administrator
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