HomeMy WebLinkAboutUse Variance 72-8 - Eugene Corey - Wholesale nursery - South i
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Published Huntington Beach News Mar. f
g 1972- _ . ' Publ!shed�j Huntington, Beach Nags Apr.
1972.1
LEGAL NOTICE 6, ,, , ,; -i F ,
. ;.,
NQTtCI~�O HEARING p'UBL.IC
NOTICE OF PUBLIC BEARING _ _ f
CONDITIONAL EXCEPTION 72-5 ? . ,APEAL�:O';DEfA11Al<,
NOTICE IS HEREBY GIVEN that a pub- CONSIT10NAL' UCEPTION 72-8
tic hearing will be held by the City NOTte lS HEREBY GIVEN that s pub-
Planning Commission of the City of lie hearing will . to held by the City
Huntington Beach for the purpose of con- Council•of the City of Huntington Beach,
sidering a Conditional Exception to per- in the Council Chamber of the Civic
mit a wholesale nursery on approximately Center, Huntington Beach, at the hour
8.26 acres of land in the M2-02 Heavy of 7:30 P.M., or as soon thereafter as
Industrial District combined with oil pro-
duction. The subject property is located pessibie, on Monday the l7th day of
April. 1972, for the purpose of consider- {
at the southwest corner of Goldenwest ing an appeal to the denial by the City 1I
Street and Garfield Avenue. A legal de- Planning Commission of Conditional Ex-
scription is on file in the Planning De- ception 72-t3, to permit a wholesale cur-
partment Office. sery on approximately 8.26 acres of land
Said hearing will be held at the hour ir. the M2-02 Heavy Industrial District,
of 7:00 P.M., on March 21. 1972. in the
Council Chamber of the Ci.-ic Center• combined with oil production. The sub-
Huntington Beach. California, on 5th ject property is located at the southwest
Street between Main Street and Orange corner of Goldenwest Street and Garfield
Avenue. Avenue. A legal description is on file
All interested persons are invited to in the Planning Department Office.
attend said hearing and express their All ;nterested persons are invited to
attend said hearing and express their
opinions for or against the proposed opinions for or against said appeal.
Conditional Exception. Further information may be obtained
Further information may be obtained cram the office of the City Clerk.
from the Lily Planning Department. DATED: 4!3/72
Telephone No. 536-5271. CITY OF HUNTINGTON BEACHCATER this 9ih day of March, 1972. By• Pau! C. 1one6
CITY PLANNING COMMISSION City Clerk
By K. A. Reynolds
Secretary
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Affidavit of Pi -Vicattion �
State of C:alsfus•tua
Count). of Ortinge ` sa
(`ity ul 11untiroon Bee ell
Gmt-ge Farquhar, being A•ly sworn on oath, xay. Thnr he is s � J
citizen of the Unl+rd States, over the ngr of twenty-4me ypars
11hat he is the printer and publisher of the Huntington Reach ✓T !^" ;`a` a:»
News, n weekly nmspaper of Rcneml circulation printed atxi pub-
llsfted in Huntington E10ach, tWlfornia anti cimulatmi In the said
County of Omn,e i%nd elsewhere anti published for the disserninntlun G {
of local and oti;r news of a generid chnracter, and his% n tx)rm fide 'tr
subscription list of Ixeyinq sulAeribers. atul said isdsper Mr. tx. n
established, printed and puhlisheit in the State of Californin, anti
County of (Orange, for at lent one year m,xt before ,he put,lic:atitin �---�'
of the first Insertion of this noticY•: rind the ;ald m wsimper tk neit
clevoted to the Interest of, or published for the entertainment of ftny
particular class, ptvfecsion, tnufe (;alling, nice or ttenuminAttcn, or
any number thereof.
The fluntington Brach New was adJutficnted a Irgal trwspittnr .-...r...*
of I,•enernl cir culatlon by Jrtdp:e G. K. Seavel In the Sur.et for Court ftw
of Orange Cnty, Os ifornln AuRu.rt Vth. 1937 by corns- tin A-59-11
That
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of wh1eh the Anne-red 1% it printerl rnf�y, w-n% puhlIshel to sald nrvt - I)"
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taper at lenst - nne 1 ti s;h_
ANON >► for
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eommenclnt; from the .. ---.ti.yll dny� of kv-M1 low
19.22— and emlicg on the _.aSrll _.. day of _.a J �l. . ..
up
lyZ? boat days inclusive• and as often dunng said period anti
times of publication as said pnper was remtlarly issued, atul in the � f'•
mgular and entire issue of raid praslxsper prtn cr, and nt.: In a
supplement. and scald notice was published therrin on the follmwinK at
dates, to-wit: ABM M d
197w
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• Hdh lis3xr
3utw-dt ed sand swum to be t" me this _.___._Z L____ day of
_ Ar r i 1 18.?2 _.
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NotA bArry Pu 'y
omn;m County, Califortttt `i CIO�
THOMAS D. WYLLIE
1 Notory jAI"C•cl: 1rf44
+t�j.� t3•an�. Co.,�y
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Nuntiniton Search Planning Commission
P.O. Box 190 CALIFORNIA t26"
April 5 , 1972
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE: Conditional. Exception No. 72-8 - APPEAL
A►TTN: David Rovilands , City Administrator
Paul Jones , City Clerk
Gentlemen;
Transmitted herewith is the P13nning Commission *recommendation for
denim of Conditional Exception No. 72-8 . The Planning Commission
took action on March 21 , 1972. Their decision was appealed by
j William Wren, Huntington Beach Company.
Applicant : Eufene Corey
114 Baughman Street
Claremont , California.
Location: Southwest corner of Goldenwest Street and
Garfield Avenue .
C. E. Request: To permit a wholesale nursery on approximately
8 . 26 acres of land in the N2-02 Heavy Industrial
District combined with oil production.
Reasons given by the 32211cant : ( in Brief)
A landowner should be able 1=o utilize his property as fully as
possible as long as his use is not. detrimental to other property
owners .
Staff Recommendation: Rezone the property to either RA or Al .
01anning Commission Action: Dented.
Reasons given_ by the Planning Commission for their action:
.mow
1. No hardship was shown.
2. A zone change application is the proper procedure for
this request .
ROLL CALL VOTE:
AYES : Bazil , Kerins , Duke , porter, Boyle
NOES: Nonn
ABSLIff Slates
ABSTAINMt Higgins
d�
CE 72-8
Page 2
Additional Information: Bill Wren , representLng the
applicant and Mr. Corey, applicant ,
addressed the Commission and explained their proposal.
There was no one present to speak in opposition.
Respectfully l s it Led ,
p Y
K.A. Reynolds
Secretary
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WHOLESALE -
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CONDITIONAL EXCEPTION 72-8
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.IClrrionl "ORGIT TONAL. E KCC P) ION (VARIANCE )
Fll.lhra FFf
Clo T V OF HUNT INGT ON FEAC H , RECEIVED
00. eox too J FI. s 1 r 137"
.11c OR ANENT _. �.
1154 hau►,.hm,tn titrct•t . Ctatutr.ont , ta ( : . � t;l)��Ih►+�' � ', ,;+ � �►. ;41-i4
rr (7I4 ) f�:4-�i7G0 -�— - z 0t>c Pl1F )
►- E] W:TrrnRAWN
1{l*ti•l'1NrI'nh BFACll Cu'►I'tkNY x APPEALED S NV
COUNCIL ACT4t+n' C+RTC
2110 "'airs Street , Hunt Tint ri I'juach, Gil i ,
1_____1, APPP.UVEV WITH CONDITIQVS
OTHEr% rHA N CQhftSS.
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A hole'sale t:ursery ttst• an xpproxirwite ly B. 1'6 not �Q a K:TNDFiAIAN ti
acres of laad, 7rned for a period of ? years . EFFECTIVE DATE
t AT10M OF Pw"gTV (5DE Of STREET, STREE�1 NAME , D16TANCE FROM NEAREST .'
t
ITIME STREET)
Vie 5r+u1hwe9t corner of Goldenusr: `;tretst and f:srfIt-A i
N E t4 of the N I' of the N E 4. of Set-; ion 3, T . 6 S . , Range 11 Went
KILL OUr COWLETELY ( IF MOVE SPACE IS REQUIRED ATTACH 40r+ITInNAL I'AGT.5
Al WHAT EXCEPTIONAL CIRCLMISTANCES APPLY TO THIS PROPEH'r r W.': ,10INk', . ,1ZE , NpE ,
TOpt7MtAPHY, LOCATION OR SURROUPONGS) THAT DEPRivr rHL SUBJECT P11.4,ER rY Oi
P VU999 ENJOYED ON OTHO PMMPTIES MI THE YICWITY AND LINOEIR + OENTIr,AI_
2M ABSOVATMIJ M 1 This MZ-02 property l,; henvily encumbered with active oil facilities
which shall remain for an indefinite period of time. (See nttachied Oil Facilities Map) Due
to the-ne Exceptional Circunatances . permanent development of this property ie impractical for
the forseenhle future .
X vLL tHis CdIE'lf ios" El4CEITK' y CONCTITM A GRANT OF SPECIAL. P1bVILI:3E INCOW;IS I EI',
O�111'1 " UP" CWH" rNOPERTIES IN THE vivmrY AND "ER IDENTICAL. ZUNE
� T There are no other !i?-O•t properties in the vicinity which are encumbered as
heavily as this property . Across the street , the Northwest corner of Goldenvest and CA-field,
the rrorerLy currently zoned RA-0 and master planned lnduatrle+l is currently being used as •
WholetSiAte Tree F*rm, a use Simi inr to that being requested on this property.
C) O"y 19 t"ll C 110TIOWL EXCEPTION NECESSARY FOR THE PRESI. RVATION AND
t, 0 UW1 OF OW 04 MBE OL419MTIAL PROKRTY RIGHTS 7 A Landowner should be
able to ►itiltze his property as fully se possible as long as bin use does not. detrimentally
affect other properties in the area of the property rights of Other lando%mers.
Oy 'iTATE KA#i1 I wN1' THE GRArIT11" OF TKS CONDITIONAL. E.XCf_PrION Y•i .► NOT Of
WMINILLV OETONIIENTAL TO TILE PUBLIC WELFARE OR INJURIOUS M PkKPLRt Y W
ton • rrIle t ors use tf this o ert as a I,holrr•,-Ie Nursery
�1� 711 p oduct oo pf plunt waterinls fo 0Yur�nnnuafx, pere�l�a�s o�c.
� hi p �eautiiV the arts to a grcatnr u-itent than the City .is anticipstinso When raqutrinA
Ui 1 Companies to landscape out their ail fncl li t tes . Thl y is they only type of dwa l use which
-An satisfy the Ci ty 's desires and he compatible wir►t Cite extensive. c l l operat toes in the *red .
,* OF MOP Q*wp�oR� rt I- ."?Ul AaENT
r � Owl a" at an"Wimp" WON
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HUNTINGTON BEACH CONIP E+►NY � 1
•110 MAIN NTROIRT- PHON i 101 0 6-66M1
HUNTINGTON BRAC H, C•AS.I!'ORNIA 99644
March 31, 1972
CONDITIONAL EXCEPTION No. 72-8
31 PM 4 . l 7 APPEAL OF PLANNING COMMISSICN
DECISION
Honorable Mayor and City Council
City of Huntington Beach
P. 0. Box 190
Huntington Beach, California
Attention: Mr. Paul Janes , City Clerk
Gentlemen:
On March 21 197 the Planning Commission denied Conditional. Exception No. 72-8
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which requested a wholesale nursery use on approximately 8.26 acres of land in
a M2-02 Heavy Industrial District combined with oil production, located at the
southwest corner of Goldenwest Street and Garfield Avenue and a waiver of street•
improvement requirements.
The basis for the Commission's denial was that no hardship was shown and the
property procedure to allow this use was to apply for a zone change to R-A or
A-1.
The Huntington Beach Company hereby appeals the Planning Commission 's decision
based upon the following,:
1. This property is heavily encumbered with oil facilities which virtually
eliminates any use except the type requested which can work around oil
wells and pipeline right of ways . According to the Planning Commission
interpretation, oil use is a self--imposed hardship but it is felt that
cons V eration should be given to the fact that this property was eubjected
to this use in 1919. and the right use of this property for that purpose
has existed ever since.
2. The other three corners of this major irstersection are zoned PA-0 and
would allay this use and the northwest corner of Garfield Avenue and
Goldemsst Street is currently being used As a wholesale tree farm. It
Is Lubmitted that the subject property is deprived of the rightly enjoyed
by the surrounding properties .
W7�(
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3. The temporary use of this property for seven years as a wholesale
nursery, i.e. , the growing of color annuals and perenials will help
beautify this Coldenwest Street frontage and significantly landscape
out the oil facilities in the immediate area. This is the only type
of do.al use of land which can satisfy the Council's desires to
j landscape oil facilities as well as being compatible with the extensive
oil operations in the area.
G. It is possible for the applicant to locate his nursery across the
street on Garfield Street and adjacent to the tree farm. At the
request of the Huntington Beach Company, Mr. Corey made appl;cation
to allow this use on the corner. It was felt that a carpet of potted
flowericg plants combined with a fully landscaped street frontage would
significantly beautify this major intersection in the City. It should
be noted that Goldenwest Street is the main arterial serving the central
City Park.
5. Since Mr. Corey is requesting only a seven year temporary use, and is
,just starting a new company which cannot afford permanent street
improvements, but has agreed to fully landscape the street frontages
with trees as well as ground cover, it is felt special consideration
should be given to the waiver of the usual street improvement require-
ments. At such time as a permanent use is developed on the property,
the full street requirements would , of course, be met.
b. The City of Huntington Beach has no simple means of allowing even
temporary uses which would be beneficial to the commun2ty but which
are not specifically allowed by ordinance. This, if nothing else , could
be considered a hardship upon the community and something should be done
to rectify this condition. Possibly "wholesale nursery's" could be
added as a specific use to M-2 Districts and pending the necessary
ordinance change to affect this use, the applicant could be allowed to
commence his operation on the basis of it being in accord with Council
policy, if so adopted , that a wholesale nursery, will be allowed use in
an M-2 District as soon as such can be effected.
1. The Huntington Beach Company is of the opinion that this use is allowed
In an M-2 Districts since "General Manufacturing Uses" are permitted
subject to an administrative review by the Board of Zoning Adjustments.
Accordingto Black's Law Dictionary , one of the definitions of
ry �
Manufacture is "The production of articles for use from raw or
prepared materials by giving such mterials new forms, qualities,
properties or cosb:::ations , whether by hand or machine." Also,
black's states that Production is "That which is produced rr made
product; fruit of labor; as the productions of the earth, c:u.grehendi &
all vegetables and fruits." Also, that "The requisition of production
are labor, capitals and the materials and motive forces afforded by
nature. Of these, labor and yew materials of the globe are primary
and laftspeasable. Natural motive pevers may be called in to the
"distance of labor, and are a help, but act an essential, of production."
T _
Page 3
The operations of the applicant are in substantial conformance with
the above definitions. A raw or prepared material, young plant stock
in flats, is given new four when it is transferred into decorative
containers which are stored or warehoused both in and outside until,
by natural motive powern assisted by labor, the plants come into
bloom and then the finished product is distributed to retail outlets.
It is , therefore, submitted that this is a general manufacturing use
ax:d as such should qualify as a permitted use on the subject property.
In consideration of the above, the Huntington Beach Cone any respectfully requests
that your Honorable Body allow this wholesale nurser1 use on approximately 8.26
acres of land toned M2-02 for a period not to oxceed seven (7) years and waive
the requirements for street improvements .
hespectfully submitted,
HUNTINGTON B AC11 CO ANY
W. A. Wen
Assistant to the Vice President
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Publish
Pinkfteaft
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PUDLIC HEARING SET
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J ,Z. NOTICE OF PUMLIC RMI NG
00� 1. 17t.041, Z:........ APPZAL TO DIAL
NOTICE IS HTRLDY GIVEN that- a public hearing will be held by the
City Council of the City of Huntington death, in the Council
Chamber of the Civic Center, Huntington beach, at the hour of
700 P.M. , or as soon thereafter as possible, an UmAst ,�
the 17th day of - Apri_1 � 1972, , for the purpose of
considering m appeal to the dmia'l by the City ?Lmod s CoNdaeien
of Couditional XmeptLon 72•!, to pe it a Wbolmale aeasrry an
"prosimeely •. li berm of Lad in the M342 R*M UAWtrial DUtriotp
oombimW with oil pndkeation. The subject pit rty ie Located at tbo
eoutlewet ae rmt of goldem"t street and Marfield Avis ae. A level
dMeription Le ou file ire the Plmniog Depertsat Offiee.
All interested parems are invited to attend said Mario% and
express their opiaions for or against said �l
Further infons-stice my be obtained from the Office of the City
C lacer.
0►TMD:. CITY 09r• oIR'YIIMMBy: PMUI sfJMC1s
C I tty Clink
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t at 1 a MAIN SITtt1t/"Y' •wllf)�hu 1?1.1 tlaa•ar>,1 `�
11UNTINn S'014 SIRA('1(, t'A.t.I V0141WIA
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'r1l,r4L1f. !larch 31, 1972
4 1 CONDITiONA1 F"Xf.PPTiOt: NO. 72-8
Z',Ak 31 plti APPF,AL OF P1.ANN INis COr"V 1SS late
DEC is lot;
li Honorable Mnyor and City Council
}} City of Huntington Beach
P. 0. Box 190
Huntington Beach, CaliforniA
Attention: Mr. Pawl Jones , City Clerk
Gentlemen;
On March 21, 1972 the Planning Comission denied Conditional 8xceptir,n t:u. 72-8 i
which requested a wholesale nurRery use on approximately 8.26 scres of land in
a M2-02 Heavy Industrial District combined with oil production, locsted at the
southwest corner of Goldenwest Street and Garfield Avenue and a waivev -if street
improvement requirements
The basis for the Co=ission's denial w. i that no hardRhlp vns shown and the
property procedure to allow this use was to apply for a zrne change to k-A or
A-1 .
The Huntington Deach Ccmpagy hereby appea c the Ylanni", •Comieaion 's decision
based upon the following :
i. This property is heavily encumbered with oil facilities which virtually
e" iminates any use except the type taquested which can work around all
wells and pipeline right of ways . According to the. Planning Commisaton
interpretation, oil usa is a self-imposed hardship but it is Eels chat
consideration should be given to the fact that this property waf subjected
to this use in 1919 and the right use of this property for that. purpose
leas existed ever since.
2. The other three corners of this major intersection are zoned RA-'O and
would allow thin use and the northwest corner of Garfield Avenue and
Coldemect Street is currently being used as a wholesale tree farm. it
is subaitted that the subject property is deprived of the rights enjoyed
by the surrounding properties.
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3. The tomporar;+ u1;ef o; L,,ls property for new tr, veurv, on n �i:al•:udle
nursery , 1 . 1. , they gzowin;, of rolor unnudia i'lA pere.:00s will help
beautify 00n e= ,ldenvvs t St recut f`utetr3t;et tm! v:iFW f 1c:zn; ly landescapot
out r;ie all fac. l i-, t ie !i ir, talc il=edfare a 'ua. This 1.1, the only . .;uQ
of dual VAQ cf "ar.d which can satiety tar• COUncil: 'A des !res to
landscape of Ncilitics aq we-ll as beitiv cocTatlble with the uxt.ensive
of 1 upe:rationi: iei they area.
4. It !e3 pavar' h.'e for the npplicznc t locate hie, nur:ieyry acrusm the
titiee3t: on Gai,i icid Street an,,l adjacent to the: tree fnrm. At the
request of rhi, Punt irigtou Beach f;oerpaoy , Xr. Corry made: application
to a11ou this u•+e on the corner . It wa3 felt that a enrpet of potted
f!owering plants coviiined with a Jolly landacapvd street frontastc would
signif iCal!tly beautify this au&c intersection to the City . 1,t should
be nuced that Coldenwe at Streot is the main arterial servit.g the _sin.tral
City Park.
S. Since Mr. Corey is regtlee•sting only a e;,ven year .eopora;n; use, and ;ti•
just starting a new company whiz.% ceeianrt afford permatienc erreeiat
improvement;, but has agreed to f -.j;.y landscape the street frontuAas
With trees as w!11 as ground cover , It is felt special conaider&tion
should he given to tht waiver of the uxual street improvement require-
ments . At such time an a permanent ages is developed on the property ,
the full street requi remantes would , of course , be met .
b. The City of Huntington Beach has no simple mean3 of allowing even
temporary uses which would be benef.cial to the community but which
are not specifically all.-,wed by orainance. This , it nothing else, cr.--tild
be considered a hardship upon the coern+unity and something should be done
ry rectify this condition. Posaibly "wholesale nurserv' s" could be
added as a oper.lfic use to M-2 biatricts and pendi^.� the necessary {
ordinance change to affect this usa, the applicant could be allowed to
comwnce his operation on the basis of is being in accord with Council j
poi.i cy, if so adapted. that a wholesale nursery will be allowed use in
an IS-2 District as soon es such can I.,e effected .
7. The Huntington Beacli Company is of the ooinion that thf-) use is al lcn.ed
in an M-2 District , since "Caneral Hanufszturing Uses" are permitter!
stib,Ject to ar. adutintstrative review by the Hoarse of Zoning Adjustments .
According Lo Black's Law Dictionary , one of the definitions of
Hanufacture is "The production of articles for use f rot~ raw or
prepared mLteritela by giving such materials new fortes, qualities,
proper Lies or cosib inat ictes , whe cher by hand or Aachisc ." Also,
Black' s u Lates that Product+on is "That which to p rotluced or sade
product ; fruit of labor; as the productions of the Earth, comprehending
all vegetables and fruits." Alsu, that "Thee requisition of production
are labor, capital, and the material* end motive forces altord+ed by
nature. Of theses !abnr sod raw ttateriee;:!s of the globe arc•, pr!%a;'y
and indispensable. Natural meYtivt poem ray be called iu to the
asesistan.-es of labor, &ad are a help, but not ar; essential , of production. "
•
rage I
The operations of the applicant are to substantial coufor?"ance with
the above. Zefinitions . A raw or prepared material , young plant stock
In f lats , is glven new form when :t in transferred Into decorerive
coarainer.; which are stored or warehoused both in ant) outside until ,
by natural motive prwPrs assisted by labor, the plants ct-me Into
bloom and tLen thou- finished product in distributed to retail. outlets .
it ls , therefore, submitted that thita is u general r.anuioicturing tine
anJ as -tuch ahou.ld quail ify as .i permitted use or the w.;hject property.
In consideration of thv above:, the Huntington Beach Coupany respectfully re3questY
that your 11onorablo Body allow this wltolesalc nursery use on apptoxitnately 8. 26
acres of land zoned H2-02 for a period not. to exceed Nevrn (7) years and waivv
the requiremenr.N for street improvements .
Respectfully submitted ,
HUMINGTON 13MCH CO&ANY
I
j W. A. {ten
Asatitant to the Vice President
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EtAgene Corey W Ork IT AL TA
11.54 Baughman St 1r+Na,�t Trust
Clnremont , Calif, 91711
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Stlrra Madre, Ca 9142, 4
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: llunt i n►; to Bch Company A"J6ffrey ET A1.
2, i t1 !�tnin St . P ' Or Nackingrs
3x146. Sailvie� Ln
liunt ingtn tech , Calif. 9264E
Westlake Villags , Ca 91360
} i Bch . Company � R Hills
433 Bonita Ave
ush St Tax Div ' Pasadena . 10 , Ca 91107-
Francisco , Ca 44120
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}+ R csst P ET AL 64SO Olco tt St
' `E R -Tuf unga , Ca 91042
Gi ifitild , Inc . 46140
t; Nt ,J itenner
H nderson El' AL 07 P rankfort
11 F Ifende rson '46 � �.•
4 Tahq ui tz-Mc Callum $ ' inittre Bch , *`N 9
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P m rri»gs , Ca 92262
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Lose Linda Universt i
A 1 �IcKapnns ET AL The Car oration
' c st:nn f, i�etersan Lora► Linda Ca 9235
4S3 S }firing St Suite 1017
L Ke les , Cup 90013 � a
G Mt arnes ET AL Oil Co Corp
J �t ;ci11 Martel Ave
169 1900 N Sunset Los Ades , Ca 900
Clearfield , Utah 84015 ''fiikt '�' ► '
i American Oil Service Inc it. S. C .
a: 12062 Lorna St " 1902 i 19th St.
Garden CroVo , Ca 92641 }!Vdktj*4,ta fth I Ca !cit
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