HomeMy WebLinkAboutFinal Tract Map 8039 - All of TT 8039 - Huntington Harbour C GaTy CLERK
COPY
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THIS A=ZDMNT deed tbiq,.10day of ,Q Rber
—19 73• , by an d
dET=k
CITY CW HUNTINGTON ®BITCH
a municipal c3rporetion,
hereinafter for canv*nionce
referred to as
CITY
SUBDIVIDER
Muntington Harbour Corporation
WMgMS, Subdivider is the owner of a tract of land in the City
of Huntington &*echo California, which it is seeking to subdivide in
lots and to dedicate certain streets, alloys, end other improvements
therein to the public use, amd is above. to file with said City a map
of the Tr.jr t of land known as Tract N4. 8039 .
WHIL'.1kEASo as a condition to the approval of said subdivision :nap
and the accepuance of the dedication of the streets, alleys, and other
Improvements in said subdivision, said s%ibdivider is required to enter
into an agreement with the City of Huntington Boach to do and perform the
work hereinafter specified and to execute and deliver to the City of
Huntington Beach, bonds for the faithful performance of said agreement
and for the payment of all ,labor, end mgterial in connection therewith,
as required by Sections 11611 and 11612 of the .Businesa and Professions
Code of the State of California and Sections 9931. 15, 9931. 16, W1. 17, i
and 9931. 18 of the Huntington Beach Ordinancr Code;
NOW THEMORE, in consideration of the promisee and agreements of
the portion as herein set forth, the 17arties agree as followst
1. Subdivider does hereby Agree to do and perform the following
work, the cost of which has been estimated by the (3 ty Engineer to be
the am of $ 46.500,
?or ,.he construction of stret-tt, including excavation, paving,
cufba, gutters, sidvwalks, t+ rea, landscaping, ety. , zowvrs,
including conic uction n: main lines and Io: laterals and str;irturv.,;
street lights, street aisnsl construction of dcmestic water system
Including the construction of voter mains, lot laterals and installation
of tasters; angiueering costs; and any riiccellareous requiramhtnta as may
be sat forth in Chapters 999 34, and X; of the Huntington Retch Ordinance
Code, and
-1-
at.l of which said work shall be dots aai perfovmed in accardancl with
plans, specifications &A profiles whir h have boon approveA by the City
4ngLn4or and filed in the offict of tho City l inter and all of which
work -Owil be done at the salsa cost and expetie+a of the Subdivider and
as a condition for the approval of seid atop Acid the &cceptAnce of the
dedication of said str-sts, alleys and other improvemmats, and said
work shall be completed on or before two (2) years from the date hermof,
at.i all labor and material bills shall be paid.
2. Subdivider agrees to compiwte all Arterial Highway UVrovements
including pwrimtar wells prior. tit City fixalLng of any lot.
3. Subdivider shall guarantee all work mad material required to
fulfill h.i obis Lion as stated heroin for siad of one ear follce►ing
� pe Y
the Bats of City Council acceptance of soar.
w. Said Subdivider shall faithfully perform all of the,%ti*k agreed
herein to be done by Subdivider and shall fully iud*=Lfy and harmless
the City of Huntington beach -from all cost mad damage which it may suffer
by reason of fstilur+ so to do and shall fully reimburse and repay the
City all outlay and expense vhich the City may incur in making goat! any
such default.-
5. The Subdividez agrees to furnish to the City and maintain in
force until thy; completion of the work herein agreed w be Sore by
Subdivider, at Subdi7ider's expense, .a protective liability policy in
which the City is named as an additional insured. The policy shall
insure the City, its officers and employees while acting within the scope
of their duties, against all. claims arising out of or in connection with
the work to be performed. The policy shall provide for not less than the
following amounts:
Bodily Injury
41,000,000 Aggregate
Property Damage
Such policy shall provide coverage at least as broad a& t1tat provident 'I
in the Standard Form approved by the National Bureau of Casualty Un4erwtrters
together with such endorsements as are required to cover the risks involved.
The Subdivider shall arrange for the policies to be so conditioned
as to cover the per, ormance of extra or unforeseen work, should such work
become necessary.
Pvior to the recordation of the Final Tract Map, evidonce of i;:surauce
t
shall be fu=ished is a .dorm satisfactorly to the City. lu addLtira, the
. i
Subdivider shall fuimIiih evidence of a commitment by the insurance company
'to notify the City of the expiration or cancellation of any of the insurance
policies required hereunder not less than 3C days before each axpixatioa or
caocell.ition is affec tip:e.
6. That said City shell not, nor shall any officer ov employee thereof, -
be liabLc or responsible for any accident, loss or damage happeinlue or `
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020 • �'
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T•
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' STATE OF CALIFOIkMIA,
s:-
• COUPTY OF LOS AMME5
October 10, 19_73
before me, the ;;adersigned, a Notary Public in And for said SlAte, personally appeared
DALE• ROBINSON , known to me to he the
Via. President nd AYNOND F.-LOU knorm to me
to he the V. PrPsl den��Cof_ HUNTI NGTON HAR50JUR CORD. �
the Col,,oration that executed the within Instrument, known to mi to be the persons who
44.44"k+t.4,4444 exeruteo the within Instrument, on behalf of the Corporation herein reamed, and acknowledged 'I
_ -�• Qt14CIAL IM; to me Aet such Corporation executed the within Instrument pursuant to its by-laws or a
�e1►9 1 CITCLYN n. PAGj resolution of its beard of directors.
-aMy4! NOtA'�Y PLUILIQ.CAI IM"NIA WITNESS my hand and official seal.
i
, P'?;"C"HAL p?e�ICQ IN' L05 Ar:CL*Lei, couNry
• IVY Ccmmissicn Ex;Iires Aug. 71111f i
� ��i•♦iiflti���ii!•i�il�iiG�t•��f I i
Notupftfic in snirfor saif4tate. J
ACKNOWLEDGMENT--Coro., Mt. & soc..fticetto Fran gn—Kov. 344 _ -- ---
ji
•
occurring to the works specified in this contract prior to tho romplation
and atceptaitce of the some, nor shall iret.d City n0 any officer or employee
6exeof be liable for any persona or property ir jured by reason of the
nature of said work, but all of said !iabllities shall be assumd by said
Subdivider. paid Subdivider further agrees to protect said City and the
officers theraof fromi all liability or slam bac&use of, or arising out
of, the use of any patent or patented article in the construction of said
work.
T. That it i ! further &greed that said Subdivider will at all tim*s
frois the accopt ace by City Cm,,ocil of the highways offered for dedication
in said ttect up to the cmlpletion and acceptance of amid work or improve-
siant by said Countil, give good pnd adequi�e warning to the troweling public
of saih and mmry Asageroue condition existrant in said highways or any of
thmg and will protect the traveling public from such defective or dengrrou s
conditi6ins. That It is voloratood and agreed that until the completion of
all the improv4wonts herein agreed to be performed each of said highways
not accepted as improved sball be under the charge of said Subdivider for
the pu;.opose of this contract, and said SuWLvider may close all or a
portion of amy street whenever it is necessary to protect the traveling
public during the making of the improvesecnts herein agreed to be made.
And the Subdivider hereby agrees to -pity for such inspection of highways as way
bn required by the City Engineer of the City of Huntington beach.
d. That in the event suit is brought by the City to anforce the terms
and provisions of this Agreement or in aoy bond given to secure the per-
formance hereof$ a reasonable attorneys foal to be fixed by the Cuurt,
shall be paid by the Subdivider.
• IN WITHUS WKMOR, the parties have executed this Agreement.
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RAYMPD F. LOGAN, V166 President DALE R031 NSON, Vice President ; , ,
CITY OF HUNTINGTON WACH 9
a mrun pal corpora n,
by rAA bo
1 yor
A'i'CkSTi APPROVED AS f0 YORMI
DON P. BON
City Atto
City Clark o eXV , HuntingtonBeach
Do City Attorney
APPRoM AS TO FOF111
DON P. 130NVA
City A oriizy
!3-
_ .�.._.
deputy City Attorney
9. Subdivider further agrees to Complete the bulkhead walls and tlmhe'r
plies at an estimated cost of $05,000 and to share in the completion of a
i trafflc signal -at Pacific Coast Highway and Sharkfln Lane, not to exceed
• -a maximum of $20,000 as stated In Conditions of Ap; roval of Use Permit
72-64 dated March 22 , 1973 .
/i
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• w ' jJ '/
RAIr7U F . LOGAN, :C^ Gres 1 dent DALE RM NSON, Vice President
l
COUW" OF OLAM
i
0r this dry of l! r before me,
a tR in or �a aunt • tet�r Ursa ar iorsd
y r P# l► PP
knom to see to be tka Mayor &nd
Knowto m to be the G!ty Qerk
16 the ty o t r4too c , the corporation that ixo-
au trd thin within ins trunest, I amm to se to be the pe rsone who executed
the within iaotrumat on behalf of said raraicipoi corporrtiou and
ackno Lofted to M that crack susicipax cov"ration executed tm mare.
i/�►ii1111ii#i�i�bt�b�bbiity+wiiii� .
Of f tCIA�. '�LA4 • '
UN NIC k BROCKWAY
!'INriCIPAI OrrICE "I
i MANGE MINTY
I*r.,m;ukal floe'. 0:U!1rr 10. 1177 •
�ifei♦t��b�tse+�+/irl�tri#ii•�f#► Yri ....�r...�
Lary a
CIJM OPP ORAM )
before on
k% Rotary Public, In snd for ne d�
+ntt and State- 9 Personally appeared
nay Yo wr to the
trtea t r t ffiatwretarr of t}1a cotcposaia
that, ameuted the n netry nt; PulrsuoTit to its by-Lags or A
i
zisolution of its board of Directors.
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I
otary tubllc
My (;omission expires
1
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Irr►�ou{ri OWN" 0 � you �w� �! Ow of"M MIMIKNawTiM f�+1irN� Few
tsrrtme asimtta0 ter CMVICATR OF MMANCM OF 90"Wo"Ts or trsw{alMis mot ss
.MarT+ar.
CRIF rr ►weron" OSAON 79
1VAaY600 w PyOt/f seers
P•e, ors IN airy iw iNIm11 sT!!N INACHo ULIFlf> INIA.
nver{as.aia DOAM c041710FOA OMG
A MMICIPAID !'a0RMATM
This is to wrtify.0* flea Policies of iruu a liar tlW Wow !rover loon lemma to the I-164rd b the w 4w
WOMW aW W's itOW o to this tirN+s. R terror paoliclos we ewtatllod or as;hs"�W,ln svah r waterer Aw wilrafie"this
wlrtifl tlar irrsuwa se Ear ssr�^ s row it i1w 00 Joys prior wirittrti Iwtireo by r�rail, to City a f Huntln/ten Be",
P.0. 11" Mo HVnt!rqjtrri Die* ealilcrni■ 9X&
HMO of jrowedjigrhar...rAjillI M - Ltd-A....... .....�
Arwrws of insu"d—I .ALVEMi:S hNISIMEd+ MOSS 12019io CAI 1R+..�.
Le+rrttoin of lowered 0 aratlona Treet 8012
OrrsoxiptirMn o'f Opewations.�. iU009 d�M 1 XI s1_.:tr•AI°-eM..�,r._.t
FM
M'CIL.ICIO JR,FORC11 !• w -,�•� r LI;IITS Of LIABILITY
irun�t�t ri< TIV 1�NA T+
k War N"Is c+rin "ration Armor i Found Amor oin 5tatulwy
f fryers' Liability 1 y $ 10 ...._.._..
IL IrAlk Liability;
MoiMiy Irr�uryt
iilanAdwors +red
C. hers ( f► _............__Eoch Person
Nautl fan rora 1 I nsj Ponca Grau
Csrarprrlriro GLA
041wrr+al IM557119 6/8/72 7/1/75 $ Each Accident
(10CI A"I carhrrpletod
open! *ft)
�' y M i ► �...._ —f cch A ccident
Z
C. Awterrobile Liehillty:
6 dily l"Juvy $ Each Parson
S.......__.....—.Each Accident
plomly Doe MIge $_,,._._........,..Each Actidert
Does 909cy cover:
All ownod outoarobil*s r y Ye: ( ) No
No>rw wned autom6lies ( ) Yas ( ) No
Hired •utowablies ( ) Yes ( )-No
Gf'. Additional Insured End+arsement:
i'Se insured agrees that the City d Huntington Beach and/or membtrs of the City Council or boards or cofrrrr 4slons
and *!ectly* clam! app Wive offiterR, serywe or emrloy** of the City of hluntirptor, Beat' when acting as such, are
additic{�vl osssureda 1>ereund*r•
,E. Maild homiest Agrewo nt:
T►wa Insured agrees to protect, defend, Ineirt.unify and save harml*ry the City of Huntlrgton (leach against loss,
dowwo or expenso br reason of any suits, claims, demands, judgements and taus*s of action, caused by insured, his
omploywoo, agents w any subcontr4ctor arisirq out of or In consequence orf the poicema+nco of all operations covered
by this c Wificatt.
F. Minimum Limits Requftodi
PwUlc Liability (Products viability, Inc(ud1r6 completed oporrations)
Moro I y 1 n{wry.each person
each accident $1,000,000 Aggregate
Pro ty 'saw
f�. l�erriotics:
N 11 j:j ...Zifin t i 1 cr orrr 1 g. '11j..Zi..jQ..?1UZ5Al
_....._....
1AMOM 148 NO
p01fi . ROM ' � It! rx~s c ANY
city
by
—tooffift. R 4W M T 4*M11 P1tt84MTATIys
M!►t "A
�r o rney
r
:-'-TJLTzn&2F THE ACTION OF THE CITY COUN .
Pj
f:ounci1 Chamlk.-t , City Hail
Huntington Be.•ach, 0.s l i t os mi.,
oecember 6, 1976
s:cllsd the seqular "ating of the City Council
�.1,- :s 1 of 11unti.n9 Con mach to ordat at MO P.M. .
Nreeent: rtt ttinaon. g en. .dilabort Mi►sd+r, , Nhenknan
Absent :,+w„�.�r..rw...�..���r •+--
� �1��1i�1t4�►Irfi#####fAA###A#/##i#�ii�i�Ms#�i���i�����i����A�l'�#fi#�fNiiY�Ai#�####�ii*A/e###A#ri
COMBBIIR• CAL►!J"R Ing" APPSM
on notion by Bartlett, seawd P&ttinren, tM lolUNL" its traNm aWsoved as s
evaded by the L011 wing Call call Ve"I
AYR8: Bartlett, giebssto "Led"
WZS: Plane
ARSEN Ti Gibbs, W*Rnk"n
� �rrir AS . A :ceifed �rove-
� % 039CAT�n1 r+T=PN& COMPANIES 4 1M .
Perform .we port-on
me>nts dedicated for public vac, autlwrisell release of the Faithful po
of the tmpsovement Bond only, t>im monu�': Vand and temi.nation of the Subdivision
Agr.:tavent, as recoamrsnded by the Director of public Works.
i►f►Gi+##'Atidr�lhdt#�#t11'A��##it#*#M#######4*##else#tie##1�#i########f#A*A#!*#�tR11#A##fk*�1►iti��*A##�#
On motion by pattinson, :scond Urtletttjw lrogU3.ar ree ting of the City
Council of the City of Huntington Beach adjourned at jigsg Rod,
to ae�RX29.. at 7:00 P.M. in t.he.�,....� 6 CHAJUZM
�..._..... _..._•
The motion w.is pae.sed by the following vote:
AYES: tJjtt, Pattinson, Coon Siebert, Sh:nk ane Mieder
NOES s �]��
•i�iiL�
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of Huntington Leach, California
Alicia K. Wentworth Harriett M. Nieder
City Clark Mayor
STATE OF CALUORNIA )
County of Crange ) 36:
City of Huntington Beach)
I. ALICIA M. WEWMRTN, the duly elected and qualified City Clerk of the City
of Huntington Beach, California, bo hereby certify that the above and foregoing is a
true and correct Statement of Action of the City Council of said Cit: at their regular
meeting heed on the 6th day of Deaer , 19 76
.�.
MITNUSS ray hand acid seal of the said City of Runtireltm Beach this the 6 day of
&W IL Waffa 1H
de City Clerk end eir-o f icfo� Clark
pPa!• of the City Council of the City
'-+• ✓ -A, of UM offs: Beech California
�Y
0Pu y
Cityof Huntington Beach
P.O. BOAC 1/0 CALWORNIA W"
8NGIN OUNG V&PARTMENT
November 9 , 1976
Honorable Mayor
andCity Council
City of Huntington Beach r
]"ttention: Floyd G. Belsito
City Ndministrator
Subject: Dadicated Improvements - Tract 8039
The Christiana Companies , Inc.
Forth of Warner , Northeast Pacific CL •.Lt Hwy.
Dear Council Y-embers :
Final inspection of *ae subject tract has been
made by this department and it is recommended that your
Honorable Body accept those improvements dedicated for
public: use and p that authorization be granted for release
of the faithful performance portion of the Improvement
Bond only, the Monument Bond, And the termination of the
Subdivision Agreement, It is further recommended that
the City Clerk notify the developer , -nd the Treasurer
notify the bonding company of your action of this matter.
The iml-rovements dedicated to the city of Huntington
Beach have been constructed in accordance with the plans
and specifications of the City.
Very truly yours ,
eH -
. df.: artge
Director of Public Works
F'ZH:BPC :ae
f lication
sty. aI i;�+arrnla ��
away of (ltww r
Ovacge nNuhar, tieing dwy mrom on osth, sals: That he is a �.� L
dtlsen of the Un►ced States, over •lhe age of twent.r mm yaws.
"'That he is the pricter and publir.er of the Huntington 3each r i
Neves, a weaitly newspaper of general circulation printed aid pub. ,
lidwd in Huntingtoe Bea&, Callfornia sad circulated in the said
County of Orar4pe and eltewhere and published for the disseniinatlon
of local sod ather news of a g aral character, and has a bona fide
subscription list at vyinz subscribers, and said paper has been
astablished, print-d and publldW in the State of California, and
0muty of Omno,, for at least one year next before the publication
of the first i:.:ertion of this notica; r►-A the rid newspaper is not a.
deviated to the interest of, or published for the e:itertainment of any .�
particular eksr, protenfwt, trade, calling, rear or der-A-dmtio n, or
any number thereof.
The Huntington Beach New was adjudicated a kgal newspaper
of g wral virculation by Judge G. X Scowel in the Superior Court ` Iwo
at (h" a Oounty, aalilbrnia August 77+h, 1937 by order No. A-5931.
That. the APPEAL TQ 2ENIAL_
TENTATIVE TRACT 08034�, ._._
of which the wm nexed is a printed copy, was published in said news- ,
III paper at least _one 1 a e lam_ ' Y
03
from the 8 th day of rC h
.� �
kN
19-21, ana ending on the At h say of
RN Ch
1923, both days inclusive, and as often during said period an►!
times of publication as said paper was regularly issued, and in the �]
regular and entire issue of said pewspaper proper, and not in a 1700
supplement, aad rid notice was publlsbead therein on the fillcming
dates. to-wit:
Mar. A� 1923 -
fisher ,
Subscribed and sworn to brfaTe me this 9 t h day of
�Le►rnh , 19-23
10id Notary Public r; ,
Orange County, Callfornia LY
� w� -
THOMAS d.E4O! WYLLIE
Notary ?dWe•relllernlr
Orqege Csu i4
P)
f+ty t~ornrnlstlon itfAlfN
Zrartember 12, 1134
V
3
HuntingtoN dooci! Pi000iog Commission
10,
P.O. sox 100 M��GRNl11 02M .
TO : Honorable Mayor and City Council
F'ROb.: Planning Commission
DATE: March 26 , 1973
RE : APPEAL • TENTATIVE TRACT NO . 8039
Applicant : Huntington Harbour Corp .
Huntington Harbour Corp, requested the Planning Commission
to reconsider its decision to deny Tentative Tract No. 8039 .
At the regular mzeting of the Planning Cr.mn,:.ssion held
March 20 , 197Z , the matter was reconsidered and Tentative
Tract No. 8039 and Use Permit No . 7" 64 were approved
subject to conditions imposed by the Commission . These
conditions of approval are attached for the Council ' s
information.
Huntington Harbour Corp . has requested withdrawal of the
appeal �to the City Council , It is the Planning Commission ' s
recommendation that the request for withdrawal of the appeal
bi. approved by th.. City Council .
RenDectfully submitted,
K. A. Reyno ds
Staretary
KAR:bwo
attach.
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HUN
HARBOUR
INGTON
Match 26,. 1973
Honorable Mayor and City Council
City of Huntington Beech
Attention : David D. Rowlands , City Administrator
We hareby wi thdr&w our appeal of the Planning Commi ss ion
denial of Tentative Tract 8039 and Use Perrr,i t 72-64, as
-te have subsequently resolved the issues with the Planning
Conant ion.
Sincerely,
Huntington Harbour Corporation
Don L. Byrnes, Jr.
Vice President ` '
DLBJr:Gg
M
4241 WARNE3 AVFNt7H, HUNTiN13TDn BEACH, CALIFORNIA 92640
Huntington ul.44nch Planning Commission
���`���11••T.r.CC++YY� P.O. Box Ito CALIFORNIA 92548
TO : Honorable Mayor and City C(,uncil
FROM : Planning Commission
DATE : March 14 , 1973
RE : APPEkL TO PLANNING COMMISSION ' S DENIAL
TENTATIVE TRACT ISO. 8039 and
USE PERMIT NO. 72-64
Applicant : Huntington Harbour Corp .
Tentative 'Tract No . 8039 is a request for 2 lots , 17!' units
on approximately 11 . 626 acres of land located 100 ft . riorth
of Warner Avenue and 300 feet northeast of Pacific Coast
Highway. The Use Permit request is tc allow construction of
a planned residential development on 12 . 7 acres of land ,
consisting of 175 units and related amenities and facilities
in the R2 Medium Density Residential District and R3 Medium
High Density Residential District . The property is master
planned medium density .
A public hearing was held by the Planning Commission on March 6 ,
1i73 on Use Permit No . 72-64 in conjunction with Tentative
Tract No . 8039 . Recommendations of the Environmental Review
Board , Environmental Council and planning staff were submitted �
for Commission considerat: an .
During the public hearing the Least Tern 's nesting site was
discussed at great length , because of its proximity to the
proposed development. Upon conclusion rif the public hearing ,
numerous conditions of approval were discussed by the Commission .
A motion was made by Chairman Porter to continue Use Permit
No . 72•.%'14 an. Tentative Tract No . 8039 to March 20 , 1973
during whic"i time the conditions of approval would be drawn
up and revieh-d by the City Attorney ' s office . The Chairman
inquired of the applicant if he would agree to a continuance .
Mr . Don Byrnes , hantington Harbour Corp . , stated that he did
not agree with the continuance . Chairman Porter then with-
drew the motion for continuance and moved to deny Tentative
Tract No . 8039 for cne followii g reasons :
1 . Design of the subdi,visxun is likely to cause substantial
environmental damage and substantially and avoidably
injure fish or wildlife or their habitat (Business &
Professions Code Section No . 11549 . 5 ; (specifically the
Least Tern) .
M F
•
Ale 0
Hlonorsble Mayor and City Council March 14, 1973
Page 2
2 . The propo�,--d subdivision is not consistent with
applicable general and specific. plans .
3 . The applicant was not agreeable to continuing the matter
until March 2P. 1973 soy the City Attorn.:y ' s office could
review the conditions of approval prior to approval by
the Planning Commission .
The motion carried by the following vo-:e :
AYES : Geiger , Bazil , Kerins , Porter , Wallin , uyle , Higgins
NOES: None
ABSENT : None
Commissioner Boyle they_ moved to deny Use Permit No . 72- 64 for
the reason that the Tentative Tract had been denied . The
motion carried by the following vote :
AYES: Geiger , Bazil , Kerins , Porter , Wallin, Boyle , Higgins
NOES : None
ABS
ENT :T : None
More than three hours of discussion took place on the tentative
tract and use permit . Seven people presented arguments for
and against the project .
Huntington Harbour Corp . has submitted a letter to the Planning
Commission requesting reconsideration of the action taken on
March 6 . The Commission received copies of the request at the
study session held March 13 . The request for reconsideration
will be placed or. -the Commission agenda of March 20 . Chairman
Porter has requested the staff to prepare -the conditions of
approval discussed at the March 6 meeting , have them reviewer
by the City Attorney , and available at the March 20 meeting .
Respoctfully submitted,
K. A. Reynolds ;
Secretary
KAR:bwo
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• RECCiVED HUNTI TC TON
• C!Y � CLERK
CI!Y CF HARBOUR
Ilt:�tCH, CALIF.
1973 MAR r PJ1 10 : 0
r
March 7, 1973
Honorable Mayor & City Council
City of Huntington Beach
Attn: Paul �;. Jones, City Clerk,
We hereby appeal the decision of the Planning Commission on
March 6, 1973, in denying Tentative Tract #8039 and Use
Pc •mi t 72-64.
We would appreciate this matter behig scheduled for hearing
at the Maren 19, 1973, City Council meeting.
Sincerely,
Y
1
Dory, L . Byrnes,
I►i ce President
HUNTINGTON HARBOUR CORP.
DLBJr:,jr
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4241 WARNER AVENUE, HUNTINOTON BEACH, CAI.IrORNIA 92619
("yTAFF REPORT
TO: PLANNING COMMISSION
FROM: Planning Department
TENTATIVE TRACT NO. 0(139 (Cont, from 2/21/73) IIATi�: )larch 6 , 1973
IN CONJUNCTION WITH ZONE: R3 , R2 ;
USE PER142T NOh 72-64 (Cont . from 2/21/7 3) MASTER PLAN: Medium Density
SUBDIVIDERS Hrintington Harbour Corp.
4241 darner Ave,
Huntington Beach, Ca. '•� :a
ENGINEERS Moffatt a Nichol. Engrgs o
250 W. Mardlow Rd. ;. r
Long Beach, Ca.
LOCATION'; f t;~-nesr Warner
Ave, and 300 ft. northeas
of pacific Coast Hi h
TT REQUEST: 2 lots - 17S units on 1.1.,62E act .
c
r1P REQUEST: To allow the construction of a
planned residential development
an 12 . 7 acres of land, consist-
ing of 186 units and related
amenities and facilities in the
R2 Medium Density Residential
District, R3 Meditun High Rssi-
dentiol District.
GENERAL INFORMATION:
Tentative Tract No . 8039 and Use Permit No . 72-64 were
originally scheduled to be reviewed by the Planning Com-
mission at the October 17 , 1072 meeting , hoi-fever, the
applications were continued from time to time in order to
allow time for the applicant to prepare an environmental
impact report and have it be accepted by the City .
PRESENT LAND USE AND ZONING:
Subject pro arty is vacant at this time and is zoned R2
Medium Density and R3 Medium High Residential Districts .
The property to the west has been developed with a similar
type Planned Residential Development . The property to the
east is zoned R1 , vacant at this time and proposed to be
developed by Tentative Map 8040 which is pending before
the. . 3m-n n- ing Commission at your March 6 meeting . A portion
of go
roperty to the south is owned by the City and proposed
to developed with harbor and fire facilities . The
remainin portion of the ropIrt�y Ti tle south is zoned �
C 4 and dive ?roped with co e c a ter .
H V 1'V T1NGr1. ON
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111 1IVIGI March 14: 1973
Honorable Mayor and City Council
City of Huntington Beach
California
We hereby request that the hearing on our appeal
of the Planning Comnission denial of Tontdtiwe
Tract 8039, and Use permit 72-64, be opened and
continue i to the meeting of April 2, 1973.
Respectfully submitted,
' •!�Trr„ CORPORATION
.,.� fi:. HARBOUR
Don L. Byrnes, r
Vice President
My
4241 WARK$R AVENUE, HUNTINOTON BEACH, CAI,IFOR:;IA 92649
OPublish 3/8/73
f ��iNONW,
r `
NOTICE OF PUBLIC SING 1
APPiAL TO DENIAL
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Bosch, in the Council
Chamber of the Civic Center, Huntington Reach, at the hour of
7 :00 F.M. , or as soon thereafter as possible , on �MondaY,
the 19th day of March: , 19,73, for the purpose of
considering an appeal to the denial by the City Planning Commission
of Ter►tat ve Tract No. $039, o p o x�t ga�tsaaiiyx located 300 ft.
northeast of Pacific Coast highway.
All interested persons are! invited to attend said hearing and
express thei.c Opinions for or against said mm_appeal ,
Further information may be. obt:sined from the Office of t ..1 City
Clark.
DATED: �7173 C1 TY OF NUNTING�'ON BEACH
�1
By: Paul C . Jones
City Clark �,s,
I
fCity of Huntington Beach
P.C. box 190 CALIFORNIA 92 M
ENGINEERINO DEPARTAGINT
December 4 , 1973
l
Honorable Ma or
Wad City r
Council 'city of rsantington Beach
I At;,ention: David D. Rowlande
I city Administrator
Subject: Tract 8039 , Huntington Harbour Corp.
Ni/o Warner, W/u Pacific Coast Hwy.
Gentlemen:
Transmitted herewith are:
Bond for completion of bulkhead walls and
timber piles No. 730 44 07
Bond fcr completion of traffic signal at
Pacific Coast Hwy. & Sharkfin Lane No. 730 44 08
Monument Band No. 730 44 05
Faithful Performance Bond No. 730 44 06
Labor and Material Bond No. 730 44 06
Two (2) copies of the Subdivision Agreement
for the subject tract. The bonds should be accepted by the
City and the City Clerk instructed to file the instruments
with the City Treasurer ' s office. The Subdivision Agreements
should be accepted by the City and the City Clerk instructed
to file one: copy and return one executed copy to the subdivider.
All instruments have been approved for amount by the
Del*rtm►ent of Public Works and for form by the City Attorney' s
office. The final tract map was approved by City Council on
August 20, 1973 .
Very truly yours,
11-4
iR E. Hartgr
Acting Director of Public Works
and City Engineer l
unit t DPC i ae f
1
ftina
. ..........-._
. t < City of Huntington Beach
P.O. box im c".LWOMIA N"
OFFICE OF THE CITY CUERK
I ,
144.,ember 11 , 1973
Huntington Harbour Corp.
4241 Warner Ave.
Huntington Beach, CA 92649
Gent 1+eaweTe
The City Council of Huntington beach, at its regular greeting
held Manday, December 10 , 1973, Approved the Subdivision
Agreement for Tract No. 6039.
We are enclosing herewith a duly waecutewd copy for your files.
Sincerely,
Alicia M. Wentworth
City Clerk
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CITY OF MAIL 70 /IIc MU► pt.
MIINr�MQT�;t� BEAC",CALIF.
8--64-24
California Coastal Zone 7
Conservation Commission
1540 Market Street
San Francisco, California 94102
S
Re : Notice of Appeal with .respect to
Tract 8039 in Huntington.Harbour
Attention: Permit Appeal Section
Enclosed is a notice of appeal by Huntington Harbour
Corporation ( "Applicant" ) from the South Coast Regional Com-
mission ' s decision on Decembeyl l'j, 1973, with respect to !
Applicant 's permit application for the development of Tract
8039 in Huntington Harbour . Since the development was approved
by the Regional Commission by a 7-3 vote: (two commissioners
were absent) , a word of explanation as to why Applicant is
appealing would be aiipropriate . j
'-chile no objections were raised by the public with
respect to the project as such, some questions were raised
and appeals may be filed with respect to the Regional Commis-
sion' s procedural ruling that a simple majority rather than
a two-thires vote was required for approval . If such an
appeal is filed and the State Commission decides that a two--
thirds vote ( 8 votes) rather than a majority vote ( 7 votes )
was required, then the result might be that the Regional Com-
mission ' s seven votes would be deemed final and the permit
deemed denied . Ttiis would be the result if the appeal period
for an appeal by Applicant to the State- Commission In order
to receive 8 votes would bs deemed to have expired . This
appeal, therefore , is to prevent such an expiration of Appli-
cant 's appeal rights . Consistent with this purpose , please
consider this appeal withdrawn if no appeal is filed by any j
other party with respect to the Issue of whether 8 votes here
.required or with respect: to :,_ny other issue . �
i
NOSSAMhN, WATERS, KRUh'CER & R10Y.CAN
/ S, S COTT,
i
California Coastal 'Lone
Conservation Commission
September 28, 1973
Page Two
In anticipation of an appeal on the issue of whether
8 votes were required, the bulk of the remainder of this let-
ter will address that issue . In addition, some comments will
be made at the end of this letter concerning the merits of the
pro{ect as such .
Merits of the 8 vote issue .
Some background information is in order . Tract 8039
as it stands today, and as It stood on November 8, ?972 , is
essentially man-made, created by dredging spo:i*l deposited pur-
suant to the dredging of the man--made channels adjoining Tract
8039 in the early 19601s . The development of Tr2 :t 8039 will
entail the excavation and bullcheading of one-half of a 440
foot long tidal basin which will extend Llito the development
from the existing man-made channel to the easy; . This may be
seen more clearly on the enclosed site plan . The excavation
will oe done "in the dry . " This entails two steps : first ,
excavation of the basin while leaving a dike to prevent in-
flows from the existing; channel ; second, removal of the dike .
The issue before the Regional Commission was whether
eight votes were required under Public Resources Code Section
27401 (a ) , which requires eight votes for "Dredging, filling, or
otherwise altering any bay , estuary , salt marsh , river mouth,
slough, or lagoon . " It is our position, it was the Regional
Commission ' s position, and it was the position of Deputy
Attorney General Dennis Antenore at the hearing before the
Regional Commission involving the construction of the other
half of the basin (approved unanimously for the aj.plicant, '',a
Solana Corporation) , that the excavation involved in Appli-
cant ' s project simply does not affect any "bay , estuary , salt
marsh, river mouth, slough . or lagoon . " Rather, the project
involves manmade "channels" or "canals" long since removed
from any semblance of their natural condition .
NOSS MAI , WATERS, SCOTT► KitUECOR& RIORDAN
i
I
i
California Coastal Zane
C%nservation Commission
September 28, 1973
Page Three
The result of requiring seven rather than eight- votes
would be consistent , as emphasized by Commissioner Ilay es at
the Regional Commission hearing, with the Coastal Zor. -- Ccnserw ;
vation Act ' s intent of requiring eight votes where 6pecial
coastal resources are involved . Where essentially natural
wa;;er- ways such as bays , esuil-Tries , and sloughs are involved,
an eight vote requirement- was intented to make it somewhat
more difficult to obtain a permit . However, where (as is
the case here) development would be taking place within mari- ;
made channels, especially where the canals are not merely
improvements of "natural " waterways but are basically than-
mad,,- , the intent was i.hat it should be no more difficult
than usual to obtain a. permit from the Commission .
In this regard, it is noteworthy that Public Resources
Code Section 27106 , part of the California Coastal Zone Conser-
vation Act of 1972 ( the "Act ") , defines "Sea" and in the process
separately lists the Pacific Ocean and "harbors , bays , channels .,
estuaries , salt marshes , sloughs . " This gives support to the
proposition that harbor channels such as those in Huntington-
Harbour are not the same as bays , estuaries and sloughs ; i .e . ,
not all harbors and channels are bays , estuaries or sloughs
for the purposes of various provlsl--,ns of the Act , and the Act
must have had the purpose of excluding harbors and channels
that are not bays , estuaries , sloughs , salt marshes , river
mouths or lagoons when it omitted the terns "harbor" and
"channel" from Public Resources Code Sec*.i.on 27401(a) , the
section requiring a two-thirds vote . 1
The questions raised by the public appar,�,itly were
based on a concern that a precedent; not be set to the effect
that one may avoic. the eight vote requirement: merely by dredg-
ing "in the dry . " However. , we do not contend, and it was not
the Regional Commission 's rationale , that one may avoid the
eight vote requirement merely by dredging in the dry i ' eight;
i
I
i
NOSSAMAN WATERS SCOTT TAUEGER RIORDAN
California Coastal zone
Conservation Commission
September 28, 1973
Page Four
votes would otherwise be required . Thus, if one were to exca-
vate in the dry next to a salt marsh and then remove the dike
to allow inflows fro,n the salt marsh, thereby altering the
salt marsh, eight votes would appear required . Of course ,
that is not the case here .
I
In conclusion, as noted by Commissioner Hayes at the
Regional Commission hearing, it would be a strain on the eight �
vote requirement to require eight votes in this situation of
the rearranging of ma;i-made channels . Thus , it is Applicant ' s
position that it will not be affecting any bay , estuary , salt
marsh, river mouth, slough , or lagoon and that the customary
seven votes were sufficient .
Merits of the taroj ect; .
The permit application filed with the Regional Commis-
sion, along with the revised site plan and the environmental
impact report , copies of all of which are enclosed , are self-
explanatory . They demonstrate conclusively that there is no
support for any determination that the development would have
a substantial adverse environtieIntal or ecological effect or
that the proposed development would be inconsistent with
Public Resources Code Sections 2(001 and 27302 . This has been
made even more clear by reason of the conditions approved by
seven of the Regional Commissioners and agreed to by Applicant
.following extensive discussions with the Regional Commission ' s
staff .
The development- of Tract 8039 is part of the orderly
utilization of the coastline through the development of
Huntington Barbour basically as master planned in l516l . Any
"irreversible" commnitmonts of coastal resources were; es.5en-
tial.ly made in tho early 1960s , when much of the drodring,
bulkheading and filling within 11unt:ington Iieirbour took place .
The development: will add to and held} complete the existing
� v
NOSSAMAN, ,VATCRS, SCOTT, KRU R & RIORDAN
California Coastal, Zone
Conservation Commission
September 28, 1973
Page Five
marine oriented community; a "sore thumb" will be eliminated
by the development of the empty and barren parcel which now
exists in the middle of residential development within Hunt-
ington Harbour, , such as the channel , swimming pools , tennis
courts , boat slips and clubhouses as detailed in the enclosed
permit application .
We will forward to you the precise conditions adopted
by the Regional Commission as soon as they are available . In
addition, we would certainly appreciate the opportunity to talk
or meet with the State Commission 's staff in order to discuss
the development prior to any recommendations being made to the
State Commission . In the meantime , if I can be of any assis-
tance to you in this matter, please do not hesitate to contact
me .
Respectfully submitted ,
Michael I . Conran
for NOSSAMAN, WATERS, SCOTT
KRUEGER & RIORDAN
MZC: jb
Enclosures
cc : City Council, City of. Huntington Reach`
Board of Super* isors , Orange County
Mr. Joseph T . Edmiston
RL:G1)Ti??7L;D 14A1L
0A City of Huntington Beach
P.O. sox 100 CALIFORNIA 62648
October 119 1973
First American Title Insurance Company
P.O. Box 267
421 North Main Street
Santa Ana, Calif. 92702
Attention: William Ii. Bruns - Title Officer
RE: Tract Map No. 8039
Gentlemen:
This is to inform you that all feeu have been
paid and conditions met on the above named tract.
You are free to record eam at your convenience.
Sincerely yours,
Alicia M. Wentworth
City C'i�rk.
AM:l o Cb
HVI'ICE OF COMPLETION Wrfll CONDITIONS CPI TRACTS
AVIII(A.ATION FOR I(EdLEASE FUR I:l:(:t7 VING,
Z-1,
TO : CITY CLERK DATE . ..
FROM: PUBLIC WORKS DEPARTMENT
TRACT NO. " DEVELOPER /, 00C
CONDITIONS .- Date
Deposit of tees for water, sewer, drainage,
engineering and inspection. . . . . . . . . . . . . . . C1
Bond for Improvement . . . .1 60 0 .
Signature of Agreement. . . . . . . . . . . . . . . . . . . . . ,,�t�/n .3
Certificate of Insurance. . . . , . . . . . . . . . . . . :
Bond for Monuments . . . . . . . . . . . . . . . . , . . . . . . . . O
Approval from County Surveyor. . . . . . . . . . . . . .
Labor & Material Bond . . . . . . . . . . . . . . . . . . . . . .
Other: ......__.___.......... ...._.....__ --
gnattare
NOTICE OF (30HPLIANCE WITH CONDITIONS ON TRACT
AUTHORIZATION FOR RELEASE FOR RECORDING
TO: City Clerk D a t e O
FROM: PLANNING DEPARTMENT
James W. Pal.in
TRAY NO. �
d
RECREATION & PARKS FEES PAIDK
Other:
PROM
g ire �
First Anterican 7Yde Inmmm,,e Compmn*w
4 ,, Vz WAN F-VE-1 "r � '#MCA Z►t, w�,�'r. �,�► �. :�,'f�`ii"V 1. ate,til.;� �t*.� ' �. :L'�r}`+�
August 24,0 19?3
Mrs. All*IiA Ifeat girth
city Clerk
fantLuLetaaa bewAs Califermia
T-ract, No. 8039
Oar Order go. II0I5
Dear Xrr . Venwarth:
An a representat,Zve of First American Title IneuvAnoe �` ►.ns,
I hereby oort►i*,F thftt Tract M o, 3 Q';9 , It r+t ioa►aad to "id
First Amerlem Title Innumno C o"ny, will not to re 1*A4*d ,
except to the Coaaty Tax Uollaoter, Coanty Glark, &Adfor the
C oonty ftmeyor; and in via event trill mid sap b* ro00x-4e4 j
until authorised by Alicia Wentworth, tho City �;Ierk or tie
City of Santington Boma or her Deputy.
Will.ian H. DrLma
Title Officer
Subdivision Departsent
a
Hnntiniton Hooch planning Commission
P.O. Box 190 CALIFORNIA 92640
TO: Honorable Mayor and City Council
FROM: Planning Commission
DATE : August 9 , 1973
RE: Final Tract Maw No .039 - All of Tentative Tract No . 8039
Transmitted herewith is the Final. Map of Tract No . 8039 ,
being all of Tentative Tract No. 8039 .
Subdivider: Huntington Harbour Corp .
4241 Warner Ave .
Huntington Beach , C.,.
En&ineier: Moffatt & Nichol Engineers
250 W. Wardlow Rd.
Long Beach , CA
Location: 300 ft . north of Warner Avenue ,
and 300 ft . northeast of Pacific Coast Highway
Lots : 3 lots and Lots A, B, and C
Acreage : 12 . 665
Zone : R2 and R3
This map has been examined and certified by the Director of
Public Works and the Secretary to the Planning Commission as
being substantially in accordance with the tentative map as
filed, amended and approved by the Planning Commission .
The City Council may approve the map , accept the offer of
dedication and improvement subject to completion of require-
ments as shown , and instruct the City Clerk that she may
affix her signature to t!ie map and dP-osit same with any
licensed titla company after receipt by the City Clerk in
writing from such company stating that it will cause prelimi-
nary processing of such map by the County but will not record
until the completion of the followinS conditions , and receipt
by such title company of prior written. consent to record said
map given by the City Clerk.
i
Final Tract Map No . 80.39 August -9 , 1973
Page 2
1. Deposit of fees for water, server , drainage , engineering,
and inspections .
2 . Bond for monuments .
3. Band for improvements .
4 . Subdivision agreement.
S . Certificate of insurance .
b . park and Recreation Pees shall be paid prior to
recordation of the final map .
7 . The final map shall be recorded prior to the expiration
of Tentative Tra!--t Map No . 8039 on March 20 , 1974 .
Environmental Status :
Environmental Impact Statement No . 72-2 was adopted , by the
Environmental Review Board on July 31 , 1973 , and by the Planning
Commission on August 7 , 19731
Respectfully ubmitt�ed ,,
K. A. Reynol s , Secretary
KAR,: sp
Enclosure:
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