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Warner-Goldenwest Small Lot Redevelopment Project Area & EIR
• ORIGIN'Al CITY OF HUNTINGTON BEACH JOINT PUBLIC HEARING ON ADOPTION OF REDEVELOPMENT PLAN AND FINAL EIR • FOR WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT CITY COUNCIL REDEVELOPMENT COMMISSION CITY COUNCIL/REDEVELOPMENT AGENCY JULY 25, 1977 • 7 : 30 P.M. CITY COUNCIL MEMBERS RON PATTINSON, Mayor • TED BARTLETT HARRIET WEIDER ALVIN COEN • NORMA BRANDEL GIBBS, (Not present) RICHARD SIEBERT RON SHENKMAN a REDEVELOPMENT COMMISSION ROBERT D. BAZIL, Chairman • JOSEPH J. MILKOVICH DAVID P. GAROFALO LLOYD M. GRANGER, (Not present) • MANUEL E. PEREZ ALSO PRESENT ! JOSEPH E. COOMES, JR. , Agency Special Counsel RICHARD HARLOW, Assistant City Administrator: Assistant Executive Director of the Redevelopment Agency • Macauleg & Manning Court&Deposition Reporters 1630 E.Palm St. • Santa Ana,Calif. (714) 558.9400 • (213)437.1327_ 1 ALSO PRESENT (Continued) 2 DON BONFA, City Attorney 3 EDWARD .SELI.CH, Director of Planning: Director of 4 Redevelopment Agency MONICA FLORIAN, Assistant Director of Planning: Assistant •' S Director of Redevelopment Agency 6 JERRY ROGERS,. Urban Projects, Inc . 7 ALI.CIA WENTWORTH,, City Clerk 8 CLAIRE M. HERR, Court Reporter 10 12 4. 13 • 14 15 16 17 18. 19 • 20 21 22 23 24 25' 26 (213).437-1327 MACAULEY.&:MANNING. SANTA ANA• CALIF. (714) 558-9400 - r a. 1 I N D. E X: 2 3. EXHIBITS .. page 4 Exhibit A' Affidavit of Publication :------ ------ 5, 5 Exhibit .B - Certificate of Mailing of Notice-'to Property owners . -----=------------------- .5', 6 Exhibit C - Certificate. of Mailing-of Not•ice :to 7 Taxing Agen.ci`es ----------.------------- ' 5 .8 Exhibit 'D Certif.ication' of Certain Official Actions- 11 "Exhibit E Report of Agency --------------------.----- 25 10 Exhibit F -? Report . of Planning Commission ---- ------ '25 • 11 Exhibit G -. Final Environmental. •Impact Report , -==-- 30. 12 . Exhibit H Redevelopment" 'Plan `------------------------ 37 r Exhibit I Owner Participation Rules -------`=----- 38 : 14 'Exhibit. ) - Written Comments - --- -=- ------= 38 a' h 15 61 k y 17^ Community Redevelopment Commission` in Session - ----- 56:. 18 Resolution Number 'T -------- --,---=--------.-- -=----- 56 19 Redevelopment Agency in Session . ==------- ----------- 57 � . 20 Resolution Number. ,17 ---=------------- -- 57. 21 ----------------------------- 58 City' Council in Session First Readin -- g. of Ordinance Number . 2212 ----- 23 24 25. (213) 437-1327, MACAULEY &•MANNING, SANTA ANA. CALIF. (7,14) 558-9400 3 1 THE MAYOR: Welcome ladies and gentlemen to the 2 joint public hearing on Adoption of Redevelopment Plan and 3 Final E==R for Warner•-Goldenwest Small Lot Redevelopment Project. 4 At th.'_s time I will call the meeting back to S order and if the Cit:� Clerk will call the roll of the 6 City Council. 7 THE CLERK: Is it all right if I call the City 8 Council and the Rede-velopment Agency? 9 THE MAYOR: You wish to combine them; is that 10 all right? 11 MR. COOMES: Yes. The record will show the 12 members of the Counc:`_l also sit as the Agency. 13 THE CLERK: Bartlett? 14 COUNCILMAN BARTLETT: Here. 15 THE CLERK: Weider? 16 COUNCILWOMAN WEIDER: Here. 17 THE CLERK: Coen? 18 COUNCILMAN COEN: Here. 19 THE CLERK: Pattinson? 20 MAYOR PATT-NSON: Here. 21 THE CLERK: Shenkman? 22 COUNCILMAN SHENKMAN: Here. 23 THE CLERK: Siebert? 24 COUNCILMAN SIEBERT: Here. 25 THE CLERK: All present except Councilwoman Gibbs. 26 MR. C0014ES: Will you please call the roll for the (213) 43i 1327 MACA::LEY & MANNING, SANTA ANA. CALIF. (714) 558-9400 1 Redevelopment Commission :2 THE CLERK: Bazil? -3 COMMISSIONER BAZIL: Here. 4 ., THE. CLERK: Granger? Y 5 (.No' response..) • 6 THE` CLERK c Garofalo? 7 C014MISSIONER GAROFALO: Here. '` 8 THE CLERK: Milkovich?' 9 COMMISSIONER- MILKOVICH: Here 10, . THE CLERK: All present •except..-'Commis.sioner, • T1 Granger. 12 MAYOR PATTINSON Let 'the record •show that 13 `Mrs. Gibbs will be here: at a later time. She is teaching • 14 school this -evening and :will be here about 94: 30 15 To my immediate left- is Mr.. ,Coomes who 'is'. our 16. adviso'r*-fo'r the Redevelopment Agency. 17 City Clerk, has -the .Aff 'davit .of Publication .18 and Ce-rtification of Notice of `'Mailing been .done yet? 19 THE i CLERK: Yes. ' • 29 ' ; MAYOR PATTINSON: . At6-this time we would like to 21 : enter into th-e record of this public hear ing:`thef.,fol.lowirlg 22 documents : ZS THE CLERK: Affidavit 'of' Publication •of Notice of 24 the Public Hearing'. ; 25 Certificate of Mailing of Notice of Public . 26 Hearing., together with statement- concerning 'acquisition of; . (213)437-1327 MACAULEY & MANNING, SANTA ANA, CALIF. (714) 558 9400 1. property by the Agency, to each owner of property.. ih the 2 project area `as shown on the'-last equalized assessment roll . 3 „ Certificate of Mailing of Notice of Public 4 Hearing to the governing bodies of each taxing agency within 5 the project area. 6 MAYOR PATTINSON-: The Affidavit of Publication 7 will be Exhibit A. . 8 The Certificate of Mailing will be Exhibit B. 9 Certificate of 114ailing of Notice of the 10 Public Hearing to the governing bodies of" the_taxing -agencies 11 will be Exhibit C. 12 These. documents will be made a part of the 13. record 14 I will ' now call the public hearing open. 15 Under. the. law, it is my re'sponsibil'ity to. preside over this 16 joint public hearing. ' The State law under -which we .-are 17 actin.g . is the Community Redevelopment Law of the State of .18 California. . That law requires, certa•in. procedures, some of 19 them formal, that. we will , f'ol'low tonight 20 A transcript'-will'�'be made of the hearing. by 21 `'a -Court Reporter. Persons making S�tYtements .and giving. 22 testimony will be sworn, and will be subject to questions 23 through the Chair'. Ail persons' desiring to-speak-4ill be 24 given an opportunity to do so•. 25 - This is .a combined hearing on both the 26 Redevelopment. Plan and the Final Environmental Impact Report (213) 437-1327 MACAULEY & MANNING. SANTA ANA, CALIF. '. (714) 558-9400 1 on .the Redevelopment Plan, ,, so.,,plbas& make it' clear when you _ . are speaking `whether your remarks are directed to the Plan,. 3' the .Environmen`tal_Impact Report,:= ar both 4 On, your .way. 'in :to the.'Council. Chambers. this evening, you 'should' have picked up an 'agenda' of the public har; n noien the bottom of this• sheet c 7 area for .you 'to • f_ ll•.,.in .your, name and address and'.who you- are 8 representing, `and a place' -Eo check off whether: you .are 9 : for. 'theve -,and r nalEIR. • 10 Lf• you Tan -to' s. eak to night, would:•you- lease fill out Y PP g,. Y P that "form_,` detach.- t"' and, give it to� 'the -City Clerk now i'f you 12 ,have not ,_done this ' already _Everyone 'who wishes to =speak r 13 will, have the. opportunity to t"do. so, even.'�.f. ,you have- not 14 _ -filled out.. this form 15 Is there anybody-.in the aixdience that' :needs ' 16 a form? 17 _We_-will, now have the` swearing iri'.of . the 18 witft6sses.• I will ask -lthe .-Court Reporter to__administer the 19' oath. .to. all the Staff. ,people who ;,will testif.v .20- f ":the following Staff people will testify this. 21 evening Mr Selich, .Mrs Florian, Mr..; Coomes,' and'. Mr. Rogers 23' .:Will yoij al.l ' pleaae` tand` and: (raise .your 24 right-'-hand? - , "25 THE'-REPORTER., Do, you solemnly :-swear to .tell the ;:_ 26 `truth; the:...whole truth and%'.nothing. but the' 'truth;'' to the best �" t ^(213) 437 1327 MACAULEY :&MANNING,'SANTA'ANA.`CALiF. (714),558-9400 A 1 of` your ability during;.these .proceedings, so help' you, God? ? (All' :indicate •affirmative.. ), 3 MAYOR PATTINSON: Let' the record show. that all of 4 these_.people 'have been 'sworn - _ 5 If, anybody •wishes to testify '.thzs . evening-, 6- pl'eas.e stand up and be sworn 77 --Is - there anybody- in. -the audience that .wishes 8 to testify_? 9' J(No response. ) 10 MAYOR PATTINSON• "If :you decide '-later on .to testify ,TI- • you can be, sworn ate' that -time, so don' t. think this "is the.,. 12; mast chdi ce. :.13 :When you do speak, please give your name and add-toss zind also the organization, if any, that,you 15 represent State- also whether +you•jhave 'been sworn - I�f. you., '.16 have 'not been: sworn,, the:'Court Reporter :will individually, . 17 . administer'the oath before,you, speak: ,• Our order of, procedure tonight wiJla be as lg J xS ;u I ^n follows , The. Staff wi'11 present the Redevelopment P.lan,21 the Environmental_,Impact Report,: and`' other evidence 'and' 22 testimony in support of,.'-the 6 ,• j J Y it • Next-, :we will ,receive any written comments. 24-, We will-;when receive any -.evidence' o'r oral. testimony :from.'those 'pr`esent concerning the 'Plan or:25 °the 26- Environmental':Imp act"_ Report. t (213) 437.1327 MACAULEY.&-MANNING. SANTA ANA• CALIF. '. (714)'558 4400- 1' Following-,the .introduction -of 'all.:evidence 2 and testimony tonight; and upon the-:conclizsion a-f: the hearing the;Community;'Redevelopment.:Commission 'will ..act ..on the_ :ado4 . p,tion. of.. the ,Plan. S The Agency will then. act _on the. Environmental 5 Impact Report7. . Finally,' .the:•City,.Council -will -consider `and. j r 8: act .upon all: objections to the Plan and, then_ act • iri the Plan. . i ` t 9 Does. Agency Counsel have any- comments he: ' AO r v . desires_.to make at this "time? ' 11. MR• .000MES .Yes, Mr. Mayor 12 , , Briefly.;; as: the Mayor, "has, indicated, the purpose o.f; the hearing. tonight is to�hear, testimony Wand 14 40 consider-•evidence for and:'again-st the adoption of.• the .. - 15 . Redevelopment Plan. and' the:'Certi.fication;of the ;Final EIR 16 for:the proposed. project 17 The :Staff will introduce evidence for: 18 • 1 , consideration of the Council, for. the tfollowing -findings than19 the Council, must •make -if it adopts the ordinance adopting'= V 20 the Plan. y 21 The first finding is that' the :project; area is. • a. `blighted area-*,,,,meetsng the '1=ega1 re'qu%remnts of a '.bligYited'. 23 area under..`State laws This flnding .'would be based upon. the economic disuse' ,and underutilization,-whEich characterizes the project area, due to the .conditions of existence -of :dots° 26 of inadequate size;, the faulty public or •-private`planning.tha . (213) 437.1327 MACAULEY & MANNING. SANTA ANA: CALIF. (714) 558.9400 1 <` has:.resu1t'ed in° the disuse, of land.' '.. The• parcelization "of_ 2 the area making it. not.'.,feasible"•for :development. in -conforming : 3:. with the General. _Plan. And,, prevalence':of• depreciated value, 4 and impaired'. investments- and. -economic maladjustment as result. . 5 of that. r. $. Another . finding -is that the Plan will; develop:. 7 the rare'a- in conformity with `the`law•=and - in the interest' of • 8 the public. peace, health". . safety •and.-welfare:. 9,. Another finding is :that an adoption and 10 carrying out. _of' the. Plan- is economically' sound .and feasible.- 11 And, evidence'•will :'b(a introduced oii that' point ;; ,12 Anothee "finding . is that the Redevelopment 13 Plan- conforms.-to •lithe- General +P17an of :the City of Huntington 14 Beach-. And, in, this co'nne.ct'ioh* the,-Planning Commission has • 15 ,reviewed' the .P.lan'.-.and 'made that.recommendation to „the City.; . x i 16 Council 1, `17 `rAnother finding is that 'the condemnation- of 18 real property `as provided' for'in the_Redevelopment Plan -I's 19• necessary to ,the execution of the Redevelopment' Plan. 20 Adequate provisions: have been made for payment for properties_ r 21 to:-be acquired; as provided±by law. : This finding is .based 22 upon the•f need for ,the .Agency -to --assist in..this assembly ,of 23 •property -in this area, :but also on the 'fact.-that `the Agency 24 in acquiring :property must follow, strictly, Mahe, laws of the. State .of Ca--lifornia' wYiich .require ;tYie .:Agency. to obtain 26 appraisals to make a fair offer to =the property owners, - . (273) 437 1327 MACAULEY & MANNING, SANTA`ANA; CALIF. (714) 558-9400 ,' 1.0 a l :explaining the basis; for the;'offer, the -basis,-for .the • 2 appraisal and to make every `effort to negotiate with the . -3' prop:erty oianers:, fairly-, before .resorting ,to a Court �<- ;determination if thisis .necessary. as to'.-,what the fair 5 market- value bf_ the. property'.would .be.. 6 'Findings that• ,are• typically included relating 7 to the relocation.. of persons . from' the pro-j ect area :are `not. .8. 'applicable, 9 Some. -•of -the other findings required` by-_.law- r. 10 will be •included in .the ordinance relative to '*the inclusion wIN • 11' of. ,lands ,.and properties that a-re, necessary for the effective 12 redevelopment of Rthe area 13 The. elimination .of -blight'- and the re. v.e en 14 of the: ro ect "area. could not reason'abl be ex ected--'to' be, 15 accomplished by private enterprise acting alone 'without the ' - - S •�r a V- R t 'a _ aid and'. assistance 'of 'the Agency. ' • 17 T- at,' NIr'•. Mayor_,' ,-conc,ludes.';the statement I 1$_ wish <.to make - 19 MAYOR.PATTINSON: Thank ,you, Mr ,.Coomes•. • 20 At this time we will proceed with the receipt' of evidence 'an testimony First from the Staff will' be, NIrs Faorian 22 '• A 23: MR$ FLORIAN Mr Mayor I would, like .to enter' I ' 24 into the record4''a cent fI' ation of certain ofJf icial actions' 25'.;, that -have been taken by the. City Council, the. Planning • ' 26 Commission.; , the Conununity 'Redevelopment'Commisson and the • C. •. _ ' .-"'a (213)'437.1327 MACAULEY & MANNING, SANTA ANA, CAUF.' _ (714);558-9406 1 ; Ag.ency -in Connection 'with the, preparation of the .2 —Redevelop ment..Plan -for the' Warner-Goldenwest Small Lot ;3. -Redevelopment, Project. 4 MAY OR PATTINSON jf" there.-As no objection, the 5 certificatio'n shall be, -made a part of the record. 6 :Will you please proceed,: . 7 MR. COOMES: Mr... Mayor; for the,-:record, that. is 8.* Exhibit D: 9 MAYOR'.-PATTINSON. 'Correct. That-' hat is Exhibit D. . -10 Next will b6::Mr. S' h. T1 "'MR. ;SELICH Mr.- Mayor; prior to the Staff 12 presentation, ':I• would- like to` make` some introductory," comments 13' about the proposed'; Redevelopment. Project area, and, the reason•'. • '14 for the Plan x 15 This -particular area ,was first identified .'by 16 the`..City.• as a' problem' back'_..i-n, `1.968 'when. the ,City' adopted , 1.7 . what was. then called a Master -Plan of Nonstructural Blight 18 which 'surveyed areas- of the ;City- that ,had land title problems ` 19 land `assembly, problems They were ,small l'o.ts'that were ., . . undevelopable in their configuration. This 'Plah was. adopted 21 by the City and .no accompanying it l'ementation"mechanism was adopted with is<:.> - The Plan sat on the self, so to speak; Y' 23 for 'a; number of years. Then,,, about 'two. years`.a o; the Staff. ' 24 was working on .the downtown redevelopment prbject .and reactivated. some of our concerns,-. over" those areas in the 26 City At .that ime the 'CitCnl` dteds to re=surveyy - u (213) 437.1327 .MACAULEY & MANNING. sANTA Agin;CALIF. (714)`558.9400 12 1- .those areas :that were •in the 19.68 Plan-.:for :possible-inclusion for :redevelopmdnt:.project :areas. :3- ,we .started` _on that,effort and . then last 'fall C a shopping .center developer who was trying to coris.olidate. , "5 land-' within this .`particular area, came to" the 'City andx „6:. i ndica•ted- that he• had assembled quite a 'number of parcels: ;. = 7,- -but he was -unab°le to follow through with, the'_consol-idation of. •' 8., all the ::properties in the-.project area:..' 9 ,He'-asked for"-'City' assi'stance. -. .At this point, 10• we -brought, th s,'it6m _to-•`the.•Cif-y• Council and the ..City :Council 1L; directed. 'the.,-Staff to proceed with -a..'separate project area r-. - - 12 for `the Warner=Goldenwe' st site:. 13. I. would like to also-'podht out. for the City I4 Council s information and, Redevelopment Agency an . 15. Redevelopment Commiss:ion'that this 'area --has .been on• the 16 City' s general plan as a commercial site ,for. a...number.' of 17. years. 18 . It was zoned_ commercial, The -were. a: couple 19 of commerc'ia'l: .developments _i rThe:-'ones that- aretF .on the corner • - of Gold enwest and ,Warner that occur-;-• and the Planning 21. .fCommssiori;became ver `concern'ed about this .-in- 19.73 because Y ; '22- they feared•�that ,just the smal'1. lots. that were on; the :. ' . • 23` periphery -of the area,. , the ones that faced or were adjacent 24 'to.•warner_.`Avenue or Goldenwest Stree-t� would `'become. developed • 25 terebY making the interiorPo. rtion cbm 1'ete,lan Y .. ., 26- undevelopable • " (213) 437,-1327 MACAULEY & MANNING,.SANTA ANA. CALIF_:, (714) 558.9400 1 : :So, the Planning. Commission at that -.time 2 in"stet'. a zone change ,to, RA .'until some feasible developme t' plan -'could be worked ou't on 'this particular site.`' 4 -That concludes my background. statements.. ' I f 5 would..,likb ";to have-Monica Florian give a, summary�'�of .the 6 report ;to 'the= Council. 7 MAYOR .PATTINSON: All ri1ght-.. .:Mrs. Florian? 8 MRS. FLORIANt My name is Monica Floriarii. I am in 9 the Planning Department and,.-I.,have been sworn . 10 I will be referring to, and=briefly summarizing' . 11 .the contents of the Redevelopment commission Report to 'the 12 'city. 'bithicil on the Warner-Goldenwest Small Lot Redevelopment 13 Plan This report - to Council is' the` basic supporting;` 14 'doc.umentation for the proposed'',Redevelopment,:Plan and for . the 15' ordinanc-e which will .be -adopted. My testimony-Twill-. also supplement. :the, facts 17 contained in this report-.and will' b6: considtiered ,A's pa'rt of 18 the report: ;The small lots incorporated in the project area. exhibit conditions -of blight as`r,defined_'by State law. and can be desc21 ribed :as suffering from the ollowing f , conditions c Economic` disuse ,res"ultirig ,f-rom::.faulty 'planning. A lack of;:proper utilization of the area,, .resulti'ng in 24 stagnant and: unproductive. bonditiorisyof. the -land that is potentially -useful. ana- valuable for contributing -.to the . 26.. public- health,;_. safety .and:-_welfare �: (213Y437-M7 MACAULEY.&MANNING, SANTA_ ANA;CALIF. (7i'a) 558.9400• .14 ,The existence o.f lots: of, inadequate size for ;2 proper . ' usefulness and. development. A prevalence of 3 deprecia'ted :values, 'impaired investments. and •social and.: 4 economic rmaladj_ustmentsi 5 ' These conditions con_stitute' a 'b.urden on the 6 community that cannot reasonably be' reversed. or eliminated 7 'b pr vate. developer`s. or private- investors acting 'alone. 8 In 1968 the .area was- identified- on, the. Master , 9 Plan .-of Nonstructural Blight because of".the ,-'subs'tandard.'lot- 10' sizes. These remaining unconsolidated lots +are shown on, =tlie �: 11 view:. g.raph:,- that is on the .'screen now 'That is the .current ` 12 subdivision pattern. There are currently. 169- lots in, the 13 , pro ee',t area and; 41 . owners 14. Three. substandard pr.iva-te streets cross- the 15 area and In some. cases - problems of unclear 'title or<:multiple 1& ownership-•have, .pr-ecluded`-sale. and,.consolidation. 17 'The project area is presently '-vacant ' As 18 :vac-aria `property`, the . project, area is an 'economic ':disadvantage 19 to the City. as ..well as -to the A, property owners`-themselves..'• 20J Many ofthese lots_ come, for: tax sales to- t he.'.County and 21 through: this process the City.-has already'�-acqui.red .13', lots Wlth111 the 'pro]"eclt`t area': • 23 The.`inability of .private investors : and ". 24property owners , to work together' as prevented the .•proj.ect . 2.5, --area-,f:rom developing. in� -accordance with ahe General. Plan. . 7. The. project.-area. c.ontains.: 15',:• acres of: vacant (213).437�-1327 MACAULEY & MANNING, SANTA'ANA:CALIF : , (714) 558.9.400 . �. i5 - l land The lot sizes are; genera-11y, 25 by. a `hundred twenty .2 -six ,or 25 by a hundred .feet. ' 3 The. area= "s general planned .for, commercial 4 use, It' s currently zoned RA This Redevel:oprinent -Plan - '.-5 that is' being-:.considered does' not 'authorize 'the utilization 6 ; of tax increment ,financing. " A11" costs .will: be 'reiribur'sed by 7 developer partid.ipants'•as 'cl'ea'rly specified 'in,owner-' . ° 8 participation.;agreements. - 9 Land purchase and resal'e_;w111. only occur if " 10 - loans area available to.-the. Agency 'or. if 'r.eimbursement' and �. 11 development is guaranteed-:to owner-participarit' agreements. 12 . .-The. cost::for lot consolidation .is. estimated ,at' about .a 13 hundred .forty-four thousand dollars: ' Because "-this sum, will 14 i, be- rei'mbursed.;th ' 'u h owner': art ci at ion a regiments,, however: g. P P . g- .15 , net costs .,expo sure 'to"..the Agency'-will' be'- ze.ro:• Added costs . 16 ' p to the City because of. ,this •project will 'also .be zero. In 17 ' '•fact,, 'the:`City will receive '3:venues of .•about Sk -,o6 for the ., 18 sale of i,ts_ holdings in-the prof-ect..area: :Because the ,area._ is vacant, there.-are. no ' - 20 residents:,or businessmen to...bet`repla`ced.. Therefore;'.no �relocatiOh plan will -be necessary., 22 'The .-propbsed. Redevelopment- Plan is: based on. 23 - the reliminrar lan that was ado ted b • _ P Y P P , y,.: the •Plan ning.. .24 a Commission i•n.--February of this year. The -'Redevelopment ,Plan is. .more specific than .:the` preliminary plan .in terms of 26 develo ment standards p rocessiri financing owner • ' P P .g." g. �. (213) 437-132T MACAULEY & MANNING:SANTA ANA.'CALIF (774) 558-9400 ' ' 16 1' participation, and.:so forth. The, building intensity .and ; 2' standards ,set forth in the. preliminary' plan are, not being,' 3 altered, by" -the proposed Redevelopment Plan: 4 -On June- 21st., the Planning Commission -reviewed .5 the proposed Plan and by Resolution ' found this Plan'.to be 6 iri�. conformance with the General Plan ,and . recommended ` that it 7 be' ,adopted, by, the .Commission,' the Agency and: the' City 8 -Council. 9 Recent.chan.ges in th.e "State Redevelopment Law 10 mandate, that` "a fiscal report of : the 'County for proposed. 11 redevel•opment, ,.plans be conducted.' This "Redevelopment" Plan . 12 was submitted :.to . the County for review but because no tax 13 increment, financing ,is involved, the. State Board of. •14 Equalization ruled that no such fiscal, report•was necessary. 15. . . ...The- major proposed activities..within the` 16 Redevelopment Plan.- is, that of lot'' consolidation for commercial ment. The Redevelo ment;Comm" i - " 17 development., p .NI issron.;-is� currently , negotiating with two owner-developers for such# a development19 This cone_ ludes thee, summary o.f the report to 20... Council. The . report was approved by the•' Redevelopment 21 . ' Commission at its July 14th meeting. 22 MAYM"PATTINS'(3 c Thank"y.ou, Mr•s . .Florian: P"ersons desirifigr.to} question .the. .Staf f on 24 any of their .evidence, ••.through"the Chair•, will have an 25 opportunity "to do so when we ask for,.publi.c comments . At thi 26 t-ime, • are :there an.y questions by members of the- Council (213) 437-1327 MACAULEY& MANNING,SANTA ANA. CALIF. (714) 558-9400 1,7 1 Agency or' Commission? 2 Mr. Coen? '3 COUNCI••LMAN COEN: I have two questions of 4 .Nlrs. Florian. AS Under..Point of, 'the.'cri.teria for finding. 6 there, is nonstructuralblightAn the area.. it' talks ,about_ - econom c-,:d'i'suse' resulting from `faulty. planning. $ :How might `the City ha`ve::pl-anned� '-the area ':bette . 9 to: have avoided :the economic disuse- that, the Staff_ feels" ..10., is prevalent in the, area? ' 11 b4RS. FLORIAN: . .'Had; the City.; been responsible for = 12' a-pp"rovng the •subdivis.ion of. the eland 'more strict conditions: 1-3 could,- have-been applied:. ' This'' area:'was subdivided "under ". 14 County jurisdiction in the- 30 ' s, I ,.believe, when rules and - 9 15 regulations were not as they are today . 16 The size:' 'of the .pArcels_and.. the. access are. •, 17 the faulty. plan. 3 .• 18 COUNCILMAN COEN So it wash' t' the City's fault; 19 it. wa.s..the County' S. 7 F 20 Under D, ` it .talks` about a, kind.of_.,a balancing 21. of the .costs ':of 'the* whole thing.- -It. -talks about` getting the a - - .. '• a .Yt i �, F - 22 propertyt.izp to he', point where it, pays its own, way "Where in-':the .report,.do your find some kind of 24 -analy'sis, 6f* how much it- costs the City to service unimproved_ ,land.•versus 'how much 'it returns to- it? • 26 MRS. FLORIAN:. The section -of the. report dealing. (213),437-1327 MACAULEY &'MANNING SANTA ANA CALIF (lib) 558.9400: 2 1.8 = 1 with ,current•conditions ._like, it sets .for a comparison, of 2 vacant land zoned RA-and vacant land zoned commercial versus wHat ;'it would _provide `a, net, benefit; to the City in terms of 4. net` deve loped-..commercia.l. 5 ; rIt wo uld be Section 3. 2; I believe, o.f the 6: report- to Council MAYOR PATTINSON. Was;-that .3::2? ' r: • • 8 , MRS,. FLORIAN: Yes ,It would .be on' the second page of ;Sectio ` 3 at the ;top. : :10 This study :resuhted in a- summary of annual City r"evenues and expenditures per ,acre by land use districts 12: The Project Area is presentiy zoned .RA Based upon: the 13 _above study, vacant RA-zoned:: land would• generate revenues 14. of $.I69 per acre 15 In the: next paragraph;. it. talks about revenue 16• 'expenditures produced by commerc-Lal"ruse. property.: Revenues 17 of $4:;`155 and experiditurest.of' `fifty-eight fifty • 18 COUNCILMAN -COEN ,m I...s6e `that _ifi paragraph 1 Does' . u 19 tha.t 'also'; say what: it,;costs 'the ,City. 'to service -vaearit..land? Zo `_That .isn t` wha.t this i.s : talking :abou;t, is it? 21 MRS FLORIAN: In--`the first paragraph -in- terms of. vacant land, as ' it is right, now,. a .net ,los`s- per €i'5' gross 23 acres per year would be $3315}1or .the Pro3ect Area As i_t 24' is used' and zoned right now; that' s the, net loss :per year': for. the 'entire, Project Area}:''.' That is . based on the. City' s 26- cost revenue :expenditure: •., �' (213) 437.1327 _ MACAULEY.& MANNING,.SANTA ANA, CALIF., (714)•558-9400 19 COUNCILMAN. COEN:, . To 'determine that what do. you ._ 2 a:pply;: the" costs. o£ police .,sere' ces--or what? MRS,. FLORIAN: The costs of all kinds of 'City 4. services are allocated .to different types of =use and differe:n 5 zoning 6" COUNCILMAN COEN.: Is this' ,_standardly utilized 7 throughout the. City? • 8 = _ MRS -FLORIAN: Ye's . The revenue expenditure 9 figures here .come from the ;co'st revenue. analysis •that was 10 first-done-':in-, 1975. and then updated r an i';'7.6 'to reflect' new ; -A costs- and information:.' r' So, it'' s- standard land use :and zoning e Cit13 categorie . throghou ,_ th that :we use- in planning-for 14 r this kind..of analysis T5 COUNCILMAN COEN If_•the.iob]eetis to consolidate 16 all of the :acreage -,under'- one owner. so. that it could be, . 17 .• 'developed -that. .way, how: many, dif ferent w oners ;yet. have to 18 dispose� 'of' their property -_or to sell it `to` the City? 19' MR S FLORIAN: .•There` would be, approximately,: 1'0 20 to 15 lots. that are .no.t currently in_ .escrow.,to brie of,.the .., "21 two -major .owners that "we have been dealing with.' 22 COUNCILMAN COEN Does• that include lots owned byM. �.' 23. the City? . 24 -MRS .FLORIAN No C0UNCILMAN..COEN So:, there-.are 10,-or '15: lots. ' :,Are :those =611 under a ' similar number of .owners? ' (213) 437 1327 MACAULEY & MANNING, SANTA ANA..CALIF.• (714) 558.9400 ' 20 1= MRS.. .-F.LORIAN Yes.; 2 COUNCILMAN COEN: _^ These owners .are; obviously, :3 aware of . the proceeding. .-They':have, been. properly•noticed? a 4 MRS FLORIAN: Yes. _ -.5 COUNCILMAN COEN: -Has anyone made personal- contact,- 6 then :"MRS FLORIAN:. I have tali' af.,with''- several: `mysel:f. $ I don'"t know how. many .of which lot,. but., we have,,had. .very ". ittl.e 'input 'either-" to the".Planning.•D`epartment ors at th"e-- '. 10 various , meeting's ..we ,have had.-,in the,. P'r.oj"ect" Area. 11 They.have all beef -"notified" by' registered: 12 'mail, both;of this official .public meeting and the public .' 13 informational meeting that';the-Redevelopment' Commission -.held 14 -on :the 14th•'•of• this :�ino• nth.*. That turnout .as 'a. result. of the 15 Commissions'` meeting' was about :similar or' a �liatle smaller ..16 than this „`but all property ""owner's have been notified._ 17: -MAYOR PATTINSON r How many people, in °the audience 18.• h"ave property in the Projec_t Areas r ray •• : _ i9 A UOICE.: 'We received no firsts notice, only, the 20 notice for.,this_ j F• , 21 A VOICE This is the: only. one '- A VOICE: This is the, bnl"y notice we got We- never 23 got- -any other. notice We've had no't q'qs . on js gns and 24 'icepl`ant -or- something 'but .nothing on- another hearing like 25 . thi s MA OR =All -right Thank you. ,(2.13) 437.1327 MACAULE-Y-&MANNING: SANTA'ANA. CALIF. . . (714) 558.9400 21 1 :Mr1. .,Co6n,.' do you''have .'a 'question? 2 COUNCILMAN COEN: The` question,C has been answered. 3 . `to- some .extent`-in the documents', in_:the'--sense, �kt is supposed 4,- 'to be at• no- cost to the City. ..A•11.. the costs.jncurred which, ' 5 I: assume., include' attorney' s fees '..-title searches . and 6' everything else. that we have-',to, spend in- order to redevelop 7 will be returned to. us .'by, the ultimate developer of the _ 8•: propertyi True or false? j 9. MR.:- BONFA: I think "Mr. '-Sel.ich- has moreinformati.ori, on that than I. J MR SELICH ' I.-think 'it .would probably-be best to., 12 let Mr; `Gnomes speak' 'to us on that. 13 MAYOR PATT'ITISON: ' Mr. Cooines?.: 14 _MR COOMES The, co_st's that are-being: incurred as _ 15.. far as.`,the -planning costs' .having. been .''incurred on a basis ;- 16• of'. an advance •of funds from the deve:lop'e�r. Business Proper ties IT has also.:submitted- to the r Agency, an owne -participation 18 .agreement 'for consideration. That owner``=participation: `•agreement 'that-was •negotiated -to.. our,: satisfaction provides 20- that 'the :mone will be ex erided':b�r 'the A'Aenc , ,to assemble•'-`.' ' Y P Y : g.21 y the property and clear: title; if: necessary, and convey it. �' �" f 22 It will'.be advanced: by the dev(§loper23 It' s .an. agre.ei4nt tha-t aays .tY e: Agency is $4 -acting ori'ly. with..,the developer' s funds What the developer'" will; do of course, is: when the! project, if the- project, is 26 41 adopted and if,=the owner=participation, agreement ,is, approved �� (213) 4371327 MACAULEY &'MANNING• SANTA-ANA;CALiF, (714) 558.9400 22 1. and executed,_.then- he will get ; funds: from •his lender. His 2 lender will 'advance those`.funds.: ` 3 One thing,' that was mentioned .in the report A '. might. 'be mentioned again -is that even though -a substantial` �= : number of" parcels' have been put now: into ownership where: they A — might •be .developed. , '-there-,:- still,rmight..have -to-' be-:.some use of- condemnation to clear, the title.- . 8 We :have looked. at' some.. of the preliminary 9 title reports. •and there' are-clouds -of title resulting from 10. storic :trarisfers: :11 ' 'It -might, liave' to ,be cleared, by: the Agency's 12 `-power of eminent domain. so'•the-:title is :ii � a. clear '-eriough , 13. state°'that.Ather.e ..can be'� f,indi'rigs 14 MAYOR PATTIN•SON: All ;right;.` Mr.. Siebert? COUNCILMAN -SIEBERT Would I• assume then from what • I - - }tt,'' -.J. a .. .. - , 16 you � zst said,+- Mr..-- Coomes, that "the 'relationship that 'the" developer .has 'with, h" proJ,ect that it would'.beu•'a _18' predetermined' fact -that if this. -,redevelopment pro-j ect was, 19 approved that it would be to one developer 20• MR,.-. COOMES No The-.Agency still` ha's to hold: a 2Y public' hearing,'on :.that agr•eemerit and as 'the` Staff- hash indicated; there. are two principal property owners. that ,the Agency is dealing,`with .in they area., `who ;are `talking -about: 24' compat -b•le. develo'pment:..of'the •entire, area as a shopping center126 What you-'have before you, right now, is .a f213'1 437-1327 MACAULEY &MANNING:SANTA ANA, CALIF ;'.: (714) 558.9400 23 1 proposal .in the form of--an interim agreement from the-.one--,, 2 develbper, Busi rib ss. Properties' that .says., if the. Plan is 3> adopted, if tfie'publrb hearing :.is held` and -our' 'agreemen is L 4' approved,: .then _we' will undertake tlie'=redevelopment:of• the. - 5 area, the shopping .center 6- COUNCILMAN"SIEBERT: • . .To what -degree has the 7 commission 'or the Council. through' its dealings with. the 8" redevelopment company, 'to .what degree,, have .we. tied :, rselve 9 _ -in? • .L.et.' s says that the .public hearing is held, and Business 10. Prop erti'es"- do not 'develop .the p.roperty'. 11 MR.. COOMES: The Agency has not divested •itself 12 of the 'discretion-:to consider and act' upon that agreement. 13 It , is made `ver.y clear. �in: the agre"emen't.,-�,-the interim agreementf . �' 14 says that_' the ''Agency's . approval of the= inte.r:im; agreement .is; 15 ,''to 'merely go forward, ;,to see ' if the Plan -can .be adopted and 16 if `it' s 'acceptable:- ="But, the Agency has not committed ' 1T itself- to: }that .pa'rticular developer Jor a_ny`other .developer`. We iaould do so :only after public hearing. It' s clear, however, if you adopt this r. :. 20. Redevelo •ment- Plan that-- the',only type.,of, development that '. would-'.be,'.acceptable_ to•:the Agency- would ,be one . in which 'there 22 are no public:•'funds", ' no :net pub'1ic costs- involved in the , -assembly- of =the lan because th Red eve Io meat„Plan does 'not 24 provide for' • tax-, increment:_•financin_g.:.'• COUNCILMAN `SIEBERT Thank yo1i.; 26 �. MAYOR PA•T"TI-NSON: Mr: : Gar.ofalo? .. (213) 437-1327' " ':MACAUL•EY±&.MANNING 1iANSA'ANA,.CAL1F.. (714) 556-9400 24 1 ` COMMISSIONER GAROFALO I 'need some -help -on the 2 answer 'to- Councilman_.Coen' s question. 3 -Addres-sinig to Mr Coomes, : if the project -is .,.,,: . 4 approved and . i:f the owner-participation -rules are accep.te.d', 5 ' Part of : that reimbursement+-didn:' t stop: with' the land 6. acquisition, :.et.•cetera,'.b'ut•'also included administrative `f -7 costs,': overhead = MR. .COOMES • Yes. The.:owner-participation 9. f agreement :itemizes all..possible `co'sts. •including overhead, 10 appraisals, attorneys fees acquisition. of the property, • 11 title costs and so forth 12 COMMISSIONER GAROFALO: ,•. On_'Counc-ilman Siebert's . 13 ::question•, it. wa's my understanding, that part of the -owner 14 part c- pation rules included that the very.very specific. 15 land .and there' was no .obligation. on. the 'City",s pant to do . 16 -anything::•excliisive with a ,•specific developer Ultimately,,., . 17the Plan can •be rejected at- a public hearing,; is that" correct 18 N[R. -COOKIES That'•s correct.i 19 MAYOR PATTINSON Mr -Bartlett?1 ^ 20 COUNCIL14AN .BART.LETT I wo.urle like- to ask Mr.' Coome , _ . 'are there '-any' ::b l':,lease°cloudst.on •any.'of .that 'property?F t4 _ 22 MR. COOMES I don' t know the answer to .,that {• r 23 MRS -FLORIAN Yes,, there ''are. some oi1. Teases . We - 24 know that through our'"dealings .with-. the :County As.dessor ' s office' but we. don' t. know exactly' where -they. are .yet 26 MAYOR PATTINSON ,.' Are -there an_y. other 'questions' (213) 437.1327 MACAULEY &AANNING,:SANTA AKA. CALIF. :' (714) 558-9400 • z= 1 from the Council or the Agency or the Commission? • 2 If there is no objection, the report of the 3 Commission, the report and the recommendations of the 4 Planning Commission will be made -part of the record, along • 5 with the testimony and documents we have just received. 6 This will be Exhibt E and Exhiait F. 7 Mrs. Florian? • 8 MRS. FLORIAN: I will now refer to and briefly 9 summarize the final Environmental Impact report on the 10 Redevelopment Plan. This is also part of the report of the 11 Commission to the City Council . �_'he Agency, the 12 Redevelopment Agency, is the lead agency in the preparation 13 of the EIR. 14 Environmental Impact Report 77-4 addresses 15 the direct and indirect consequences of the proposed Warner- 16 Goldenwest Redevelopment Plan. W ile the project itself is 17 a plan enpowering the Agency to consolidate to-�:s to facilitat 18 commercial development, the EIR deals with the secondary 19 effect of actual commercial development as much as possible. • 20 The EIR was posted on June 9th :=or a 30-day 21 review period. That period expired on July 11---h. 22 At its July 19th meeting, the Environmental 23 Review Committee called for a final EIR to be prepared. The 24 draft EIR was distributed to those agencies with jurisdiction 25 in the project area as well as to interested persons and 26 agencies for comment. • (213) 437-1327 MACAULEY & MANNING, SANTA ANA, CALIF. (714) 558-9400 : 1" -On July 1*4 th ' the Redevelopment Commi s s ion 2 held a public..information meeting• on the• EI•R .and no public 3 comment "-regarding .the EIR was. received at that time. ' 4 The .;final-:EIR ,consists ,of the :draft EIR as 5 revised a rid. supplemented' and incorporating all..comments., y .6 ;rec.eived'-and responses to all' comments: '.T The, impact's and mitigating measures •identified = - - - 8 ' by the EIR• are set -forth in' a summary document'. They.'are . 9_ : as follows:- Short-term- air pollution iilipac.t'caused ,'by 1. -10 construction activities' will..' be mitigated by the• control-.of 11 - the City'a . ordinance and 'o•n-.s'ite in' specti'ons-.': 12 Increased traffic .will be. mitigated -by the 13 . widening Of streets' and ,installation -of traffic .signal,s, �14 Increased noise from traffic moving to and F . . 15 -.from- the. :project ar ea-• wi1L be-Mitigated by changes -in traffic 16 controls;:and improved sound' insulation of buildings 17 Increased use of energy and utility services 18 will be .mitigated •,by specific energy.: convers,at�on, measures 19' ' for 'new-structure's20 '.The - loss, of ''a possible ar"•chaeolog.ical site:. L will be mitigated, b`y a "survey .'arid r;'emoval ;of :,data from 'tYie site by -a qualified archaeo.log.i.st prior toz&learing'-and. " ' 23 grading 24 Fina-lly,`. loss .of open 'space will' be-mitigated- 25= :by Jan dscaping,_and. desi n` review -.b the Agency. to insure g y.. - . quality environment (213) 437,-13.7 MACAULEY:& MANNING: SANTA ANA,•CALF. .. '(714)-558-9400.' '' 41 27 1 The".-:comments received•: on'' the EIR;=_diz rin-g the 2- posting .per.iod, included. suggestions'`from the Regional -Water— 3 Qua.lity'.ControlBoard: that the . Staff' contact State Fish and 4 Game rega-rding;='possible.-wa-ter run-off to the.,Bolsa 'Ch'ica. 5 F _sh: and Game :was 'Contacted and they had real 6 " :no.•"concern with the project. .:7 sae received •a communication' from the,.Public. •$` Works .Department' regarding .circulation .considerations to 'be 9:' . acted_ 'n .during the development phase of .the prof ect :.. 10 We received .:comments --and critique .by. the - � . `1T Environmental Council regarding various sections of . the' 12•' report' and ;responses to those comments are included' in the 13 addendum." �. •14 We: received 'a t satement from the County_ 15 .3anitation- District ,that' planned sewerage;_capacity is ;{ 16 sufficient .to :co:ver: the proposed .pro'ject'„are'a We received a statement:..from the; Corps .16 Engineers that the _proposed .xPl`an does ,iiot-.confi�ict with f , 19 existing ,or a'ntIcipated plans_;otf thee Corps o.f Engineers �.: 20 ` A We -have. rece ved' a- statement'' from-.the 'Orange'I'_ 21 • County' Tra isit ;District. that it='can ,provide'adequate- r transportation for_ the project area. We have` receiv6d'.a couns'eI for the .County'.s: 24 Environmental' Management Agency: siiggesting that future 25' buildings" pads .should be 'elevated to avoid- o'ne hundred year•. 26 flood_ flaws (213) 437 1327 MACAULEY.& MANNING. SANTA ANA CALIF (714) 558j9400 28 1 MAYOR. PATTINSON: Thank you, Mrs . Florian. 2 Are there any questions by members of the 3 Council, the: Agency or the Commission on the Environmental 4. Impact report? 5 Mr . Perez? 6 COP1MISSIONER PEREZ : The question I wanted' to ask: 7 One of the mitigating measures- prow de'd -was the review, the 8 design review of the site, and given the CF zoning around it 9 for the school and the community park, I would .anticipate 10 this site would be C Suffix -Zoned or. similar treatment? 11 MAYOR PATTINSON: Mrs. Florian? .12 MRS. FLORIAN I*t . could: be that in terms of, ,the 13 zoning, but in addition to the zoning, the Redevelopment 14 Agency by the Plan is empowered to' have its own architectural . 15 design review. 16 - MAYOR PATTINSON Thank you. . .'"' 17,.. Mr. Shenkman? 18 COUNCILMAN. SHENKMAN:'", You did address` my area of 19 concern which was the sewer, and water capactiy`:20 " It states .in' the document that sewer and water r 21 services are gener°a=11yr provided 'as a 'nor.maa extension ,of y 22 existing facilities . 23 As- we all know, we have had a major problem in. 24 that area . I guess my question is: The reasoning is that 25 the capacity is. adequate? . 26 MRS . FLORIAN: The response we recei.ved, from .the (213) 437.1327 MACAULEY & MANNING. SANTA ANA,CALIF. {714) 558-4400 29-30-• 1 Sanitation.'District -is simply a,.part of:' their. procedure• of A 2 reviewing all :Environmental Impact,-reports 'and all' � . :. 3 Envi ronmental ;Impact reports do deal :with that subject 4 . _-We''did not ,particularly 'seek it out... �; 5 ".COUNCILMAN-SHENK_MAN ..What reap' assurances•_ do we ` 6. have that we''have an; adequate- flow? T. MRS 7LORIAN: . Other than.-the statement-from the $ Sanitation District and- from.'Public ;Work_s, ' we _don: t .have 9:. anyth'ing-'other than •that: 10 The: particular' problem that you are;referring., 11 to` on Warner was not at 'the .Goldenwest area. It -was near -12. Springdale and Bolsa Chica-.' 13 COUNCILMAN SHENKMAN My question has been 'answered_ 14 by another:,document. Thank you.. 15 MAYOR PA_T_TINSON: Any other questions-,,by the. Couhci- 16' for the Agency:`or the Commis sion?r ' { J. 17 Seeing.::none, '`if there are no ,ob�ectioris,'• the ;s • r: 18 . final. Environmental=Impact •report, as 'submtted,, will be:, :made.: A. part of . the record and as part of the, report o'f :the Commission: -This will be `Exhibit G - Zl; :"-MR SELICH. 5? •Mr rZayor22 'MAYOR- PATTINSON. Yes,,. Mr.•.,Selich 23 - -MR. SELICH ' . We will, now refer',to and brief ly . summarize •the -Redevelopment Plan - : Mr.: Coomes, Special Counse , will review the Plan with the Coxincil`"and the. Redevelopment 26 Agency (213).437.13Z7 MACAULEY &MANNIN,G.,sANTA:nNA, CALIF. (714) 558-9400' ", 1 MAYOR .PATTINSON: All , right.. '.Mr. ..Coomes.?. Z MR. COOMES The .law requires: that a -Redevelopment 3 Plan" be. adopted for "the project area and that it contain - 4 certain--provisions and this' Redevelopment .Plan includes those 5 provision's: 6 Ba`sically.,, there.. is': a:.listng 'of the types of . 7 ac.tivi.ties. that the- Agency will undertake in' completing the redevelopment of ,tho...•proj ect. area, 'the assembly -of the .land . .and the assurance that' the necessary public :improvements `are , 10 made and .the- supervision and development: The. Plan<also 'contains basic development 12; controls. .which are• in :conformity wi th yr"Genera l Plan-.an&, 13. :your _planning ordinances > ' 14 :The•"Plan, this Plan Is unique from most 15 redevelopment ;plans in that;'it `does h6tleontemplat6; as I mentioned before, `a tax increment financing " . �. —The-,document 'in :draft form hasp been before you -18 and the Commission• and the: Ngency 'for"qu te. some: time. I 19 will': not gc into detail `on it, but will answer any questions 21 MAYOR PATTINSQN 1�11 right Than`k,,you`; Mr. Coomes .'_._. . 22 r Are there `stfgn's from' t°he Council the Agency, or the Commission? 24rt Mr. Coen: COUNCILMAN 'COEN. Th-is. is. probably a. ridiculous . 26 question, but. I ;know it' s technically ,proper;l .I ,guess. (213) 437-1327 MACAULEY& MANNING, SANTA ANA. CALIF (714) 558-9400 32 1.' On; page:: 22 o.f,;the 'draft;. it .ta1•ks about the' 2 duration.°of -the- Plan being 20 years Once .the, project= is. .3 built;. why is. it, necessary that :the Redevelopment Plan• extend 4 beyoii"d` that point?.. �• 5 ..MR'_, COOMES . -The duration•of` the -Redevelopment 6_ Plari is in there for"two reasons. One• is.'that ,it' s',, certainl ; 7, an activity period for -the: Agency. Secondly', ','to the extent ' $ that the.'Plan . is designed ,to •induce investment, private 9 investment' .,or-.public .inv.estmentr The duration of the._20. .year ., 10. :.,-is akin .to the .duration: of -restrictions or covenants -1,that a " 11 -lender might look.,for .in •connection with the property,, 12 In other words, :i.f- th-e property is developed, 13 the -Redevelopment'-_Plan will assure the -maintenance. of,..that'." 14 development for at� least a reasonable period `of `time, long 1`5 ' . enough. that it would, .induce a lender t ' .invest in: the property = F 17 It .could.;be -i f could bef �35 years 18 "COUNCILMAN COEN k.,• The Redevelopment Commission - 19 wouldn' t have. any more discretionary authority over •that once 20 it was developed)aF MR. COOMES 5 :-Once:' it: "s initial"lyFdeveloped; for.J.a ' period ' of 20 ,years, thd �Commission or the;Agency or whoever is' supervising .this` particdlar _plan iaould review proposed23 24 development prod ects within the .`project _area 25 COUNCILMAN ,COEN . I 'm talking -about once it is • 26 totally developed. . .. ' ' , - _ is - - - - - •,. (213) 437=.1327 MACAULEY & MANNING; SANTA ANA. CALIF.- (714) 558.9400 33. 1 What role does the-,;Agency or the Commission 4 2 have ata,that point? 3 MR. .COOMES: None-. As long as =it'.s built -up and " 4 no' "furthe-r changes- are made, but if t'°s built up and' changes. 5 • 'are .made ,or -remodeled- 'or 'something in, the future in .this 20 -y.ear: period, , the :Plan still. provides',you--with. Plan..review =. and control .. 8 COUNCILMAN COEN,: That means thdt ,for•'the,'next ' 9 20 years we have .to have a 'Redeveloopment •Commission iris the 10 City; is :that correct? 11 MR,: COQMESi No, at '.any.,time you, dissolve .the ;12 . 'Agenc-y or 'the- Commission,_ the Council; succeeds to the F3 Admin'istration of• the Plan. _ 14 MAYOR PATTINSON: Thank you,. Mr`: .Coomes'. 15 -Mrs.. Weider? y , 16 " COUNCILWOMAN- WEIDER' .Based on that ;same discussion 17 going.. back to.':the'.quest!ion.s •;that' th-e Envir`onmenta-1 Council y 18 raised, . as.-far -as :liability, Whatever .you calL.,.the public 19" sector whether -it' s the :Redevelopment Agency- or the Council - . i✓ - 20 or the Commission 'by responsibility 'over. an:extended period - 21 of time, doesh"+- that make use subject -to "unforeseen liabilities?' The- fact that we are.'still involved 'in- .lan.d. 23 considerations- :and :kesalb? ..24. MR :000MES No, you would not be ,This Plan for 25 those purposes is',a planning document 26 There is• no' more liabilities for the, City or (213) 4371327 MACAULEY.&MANNING, SANTA.'ANA, CALIF ;(714) 5589400 34 1 .'its agencies •.than .in administering zoning laws. COUNCILWOMAN WEIDER .'Is- it really just an::' 3 identifications for a- title .or ' a :legal document 'th-at' the" 4 " continuance of -theI. public sector'. involved 'is= necessary, 5 " that what you are implying? 6" MR.. COOMES.: .Well, the. duration of tho''Plari is' deemed. to satisfy, the requirement of the law that the '. 8. redevelopment 'iaw,contain .controls and- restrictions of , s'uch 9 a nature-and •for such a-.duration- As '._to'." assure. that the 10, -blight Influences -in" the project-.-area will :not reoccur 11 The:,20-year period is _ designated" in this Plan 12 'arid as I ind-icat'ed•, frequently,' .longer, . 30` to 35 years, It 1'3 is. here to ind cate' to potential developers or potential 14 puyrchas-er's of. -.property-."in that area 'that thi's Plan-'is a set'. p . . . ` ".. • 15 of• . _n< - _ ..., • . ``- • : ;" • • .• -. .lanni g. 'controls..for that•:particbular, area. f 16_ : ,The reparcelizat on for a sLtbstan,tial, say` • 17 10- years down, the `line' or substantial rem ode,l.ing for reb"uildiri 18 ' in' that area'-.would have to come,b'ack to ,the '•Agency,for 19 approval t , s •,v 20 COUNCILWOMAN ,V�EIDER What if :the"Agene.y has been 21, dissolyed'� LLB fi MR :.000MES, It wQuld�cometit'oi` 'City Council23. < • COUNCILWOMAN TgEIDER::. Is there ..a• 1'egal immunity .. 24 that we. would have? MR COOMES •Yes., there' s a''-statutory immunity _that 26 exists. for public bodie`s'µ and members, o"f.'public bodies that are ,. (213) 437 1327 MACAULEY"&'MANNING: SANTA ANn:CALIF: ' ;.(714) 558.9400 35 1 implementing •ordinances•- 'and. laws -•of the ,City'. ; • 2 •COUNCILWOMAN WE`IDER: What.-is . that -time factor? .3 MR. COOMES It' s for, the duration of .the o-rdinance 4. The other thing_ :you ca"n do, you ,can always,. •;:' ' S if the: project-..shoui•d'_be fully 'bu •lt _and, you should decide 6 that `;you want to terminate. the `planned con.trols,. that =yo.0 7 .are satisfied :with the- redevelop ment 'f the -area,, it has, • 8 been accomplished and (there. is no `longer 'any -need, to.,have. 9 ' those controls1, you can amend'the -Plan and. repeal it in effect by"'putting a. shorter duration on.: it. , • COUNCI'LWOMAN.. WEIDER: - , In other word•s, that'-s a- 12 legal housekeeping; an`' ;admini-straative -housekeeping 13' MR. COOMES That-' s correct. 14. COUNCILWOMAN WEIDER Please note. f .15 MAYOR -PATTINSON: Mr.. toomes, "would this: be*.a 16 portion of, the .covenants and restriction-s 6h "aLs property?' 17• -MR .COOMES -.0 the Revelopmerit; Plan? 18 MAYOR :PATTINSON• aYes - i9 MR C,OOMES• Yes, `the Redevelopment: Plan becomes 20 a basic set of restriction's a anst •the . ro ert ' 'ust as`.the • g. P P , Y J . 21 CC&R s, covenants and rest"ricti'o'hs would 'be 22. .. ; "MAYOR PATTINSON Mr TGaro,f alo do you have :'a" r 4 ; : : 23" questions 24 COMMI'SSIONER. GAROFALO I_ was going' to. suggest that there :are two al.Eernative.s.'r either .putting - a lesser 26' time limit I' think we are overla in some' hiloso h that • Y g P P Y (213) 437-1327 MACAULEY &MANNING. 6ANTA ANA. CALIF.. (714),558.9400 = 1 has- .to: do .with much-'larger priorities, financing,; et cetera, 2 et c'etera'. .3 a.In .looking, at a; project 'of' 2. 3 acres, some A 'of: that. may. be ,`incompatible, b`ut I think the choice'. i-s really' 6•. ` Do- ybu ;want.'to-- go into.:It' formally.,with` a .7.: 20 .year .package, :understanding '.that .you can amend•. that' Plan 8 any time :you want: to o.r do you: want to- go in ,with a ';five-year. 9 time`limit arid' delineate some sort. of a timetable. • lO What concerns' me mostly is it is going.,to be 11; part of the CC&R' s 'and that-1-may ''be, '.in fact, that. the ; 12 liability on the, project if ;re'saIe =is involved,- "et .cetera, :et- 0 etera 14 heretions. ny 15 .from the Council, -the. Agency -or.. the ,Commissions t 16 Mr. Bartlett?17 COUNCILMAN BARTLETT °If, we ,are the "Redevelopment 18 Agency-. holding a cloud would that be -considered holding a clo id. over .the .•property. if these_' people wanted to-.develop.- it, and 20 naturall the- do would the be able to be."funded b' an: S y' Y y = Y 21 .agency_with a cloud •on: that "property? ' Bank or so forth? MAYOR .PATTINSON: You. are talking about the small =23. .lots,' now?-. COUNCILMAN% BARTLETT.- . Yes; small' lots t MR COOMES: The ;'adoption-`:of ..the Plan `gives the 26'. A ency the ability not oril • to._ consolidate-.lots- .that cari-'.t 4 ;(213) 437.1'327 fMACAULEY & MANNING. sANTA ANA.-CAOF -` , ,(714) 558.9400i . 37 i. otherwise-be consolidated but also; to,.clear up title. 2. If-.some -of chose title- problems ,exist to' the ' 3. point that +the. only way to clear. them yup `is by the Agency g--eminent ;domain .to 'clear ;those: • . 5 To • that'. -extent', , and•;generally, with any commercial.property of; this-:kind the Redevelopment, :Plan" is_ 7 a. plus. It makes .the, property marketable.. 8 'The restrictions and controls in -this 9 particular_ Redevelopment Plan are 'not mucYi= different= than ;the 10 controls that you.-normally have over:commercial devel'opmerits ` ' 11 in your City 12 COUNCILMAN BARTLETT:_ It wouldn' t :be considered 'a -' 13 cloud, then 14 .:.MR. . 000MESc No -I don 't think so. ' Lenders never 15 •hesitate to advance funds on redevelopment projects 16 MAYOR PATTINS.ON ,Are ere!-..,anyth r othe questions s • 17 from the Council, the` Agency, orthe,`Comm_isson? ; 18 : If there is, no objection, the_,prbpo'sed' 17 19'1 -Redevelopment Plan •.will be -made-,,a part of the record. This . 20 `, ill _be Exhibit- H .of the Redevelopment , Plan: S'.. -' MRS.-`FLORIAN: To complete the' documents. at this .. time; -I .would like to have ;entered. into, the record rules.' 23' for owner' participants and property., owners desiring' to •� - 24:. participate iri`•red`evel6pment .: These rules have. been -adopted . 25 b the A enc and. the .Commission and. have `reviousl been made" available ::to property owners in ah'e project 'area . ` ; (213) 437.1327 MACAUCEY & MANNING• SANTA ANA.-CALIF. (714)-558 9400 + 38 1 MAYOR PATTINSON: Are there -any questions by. • 2 members ' of the Council, Agency,.or .,Commission concerning these 3. rules?• _ • . _ .. _ ' . , • . ' '. If there Is no objection,` -the' rules for • 'S p . cip o wrs owert r g_ to partcipat" t. 6 in 'Redevelopment,. as 'adopted by: the Agency,, and the Commission ✓ �: will-•b' made d,part of the record This is Exhibit. I, Owner _ 8 Participation Rules. 9 -I f there are-:any- written comments received•' ' 10 on the' Redevelopment. Plan or_'the ,EnVironmen`tal. Impact.. eport,A ` 11' they .wi11L- beF placed into the record at :this time. THE CLERK,:'.' A .letter ,.,of inquiry'was received ,from 1'3 Will•iam• Gadner And, a -letter was received -from-Almon S. :14 Hdiigaad, representing .himself, as a. co owner iii favor of the.' . .: ', • ` .15., 'Plan. k :. -MAYOR PATTINS.0 All ,right-.:. You -can mark those A, , C • 17, as .Exhibit• J, 'written comments ' i8 We will now, hear;any .statements bor testimony.: r 19' from= hose present in favor, of the Redevelopment.`Plan or'", t . 20 } r tFi m ac R ,t � , . :. selven V1es6 dent F 21 t �' .,arid state ,,if you haae previously been ..sworn. 22, Are there ariy oral comments Yn "favor? k - • Is: there. anybody in;,the audience "that wants to 24 S: eak -for this- Plan? (No:_responsOr 26 -� COMMISSIONER ,GAROFALO'c Mr I�iyor, there were ,six o (213) 437.1327 'MACAULEY_& MANNING SANTA_ANA-CALIF. (714) 558.9400 39 1 ' seven people4in our informal Commission. meeting. ,. I don' t 2 know if..;any of; them are here, . but they had some..good 3 questions . I am just wondering if they understand. 4 MAYOR PATTINSON: All right. Let me g get through. • 5 , 'the formal portion of this and then if you have some 6 . questions, come on down and we will try to get the -questions straightened for you. 8 We will now hear any statements or testimony 9 from those present in opposition .to the Redevelopment Plan ' 10 or Final Environmental Impact Report. You have an 11 opportunity, i�f .you decide, to question Staff and Consultants 12 through .the Chair. Again, please identify yourselves and 13 state if you have-,previously been sworn. 14 Is there anybody in the audience that is in 15 opposition of the Plan? ' 16 Does anyone. else present desire to make a 17 statement or present testimony, concerninathe -Redevelopment 18 Plan or the Environmental impact Report? , , 19 Now, if you liave'`an'y question's or you want to 20 talk about it, come `on down There {a,nd'let'-s ;get' it �atr-aightene ' 21 out because I don' t want. you to go away .-unhappy. I=f you have 22 some, questions, come on down` We are easy to "get along with. 23 Is there anybody in the audience that has 24 - some. questions? There'-s got to be some questions up there. 25 A VOICE : Do we have any choice, Mr. Mayor? 26 MAYOR PATTINSON: Pardon me? (213) 437.1327 MACAULEY & MANNING.`SANTA ANA, CALIF. (714) 558-9400 40 1 A VOICE: Do -,we have any choice?. •. r 2• MAYOR PATTINSON:. Sure;. Come on'•`down. You ,bet 3 you have a choice 4 Come, on down 'and identify yourself, . please:. • (Proceeds to podium :) t- 6'" MAYOR PATTINSON: Give :us your' name, •please. Have 7 You been- .sworn? • 8 A VOICEi is Burt Horri ,and' I. have not'.been _ 9 sworn. ' 10' 'MAYOR PATTINSON: All; right. Will you please 11 swear•;him ins. _ 12' ' THE;;`REPORTERe Do. you solemnly swear to. tell, the 13 truth the• whole truth ,.and' nothiri but the truth, so 'hel a g p�•'- 0. 14 you God-? 15 MR.. HORN: I .do „:'My .question 'about thee process of condemnation • 17 .:and renumerat on -of. the property `owners,`; on,,whAt'basis do 18 .they base that value?. , MAYOR PATTINSON All 'right, sir : First.19 of._all; q 20 • :rj you, ar yokrop owne>^t.inL the p,roectry letme ask 21 areas 22 -MR HORN Yes, I am.. •' 23 MAYOR PATTIN'SgN• `Mr. Coomes? - 24 MR COOMES We hav-e,'to follow, precisely, 'what the , 25_ State`, law'';provides -and we have ~to offer fair ..market. value • 26.rr _ based 'upon an--•appraisal': -r (-213) 437 1327 MACAULEY &MANNING• SANTA'.ANA. CALIF. -(710) 558-9400 , 41 1 The Agency will have two appraisals made of 2 the parcels and then present a written offer to the property 3 owners explaining the basis or hor- the value was arrived at. 4 Now, if you disagree with that offer or want 5 a Court to establish the fair market value, you have that 6 opportunity before the Agency institutes a condemnation 7 proceeding, it has to give you a fair offer based upon the 8 appraisal that' s been obtained. 9 MR. HORN: The appraisals are based upon what the 10 land is now or the potential value as it is developed? 11 MR. COOMES: The fair ma_Nket condition in its 12 condition, now. 13 A VOICE: That' s not fai--. 14 COUNCILMAN COEN: May I comment on that? I 15 certainly don' t purport to be as expert as Mr. Coomes, but 16 I would propose what you are interested in is the highest 17 and best use of the property which is a commercial use in 18 conformance with the General plan. I think that' s the 19 basis for the appraisal . 20 MR. COOMES : That' s correct. The app:_aisal will 21 also take into consideration the existing condi-::ion of the 22 property. 23 In other words, the project benefit that is 24 conferred upon the property is not something that you pay 25 the property owner for because wit:-gout the project that value i wouldn' t exist. The value of the property is the value of (213) 437.1327 MACAULEY & MANNING. SAN-A ANA, CALIF. (714) 558-9400 42 1 . the property on today' s market. • 2 MR..', HORN: Mr . .Coomes, 'let.me go,.a little further, 3 is this appraisal . going to be' done ;on the zoning of' -RA or . 4 is it :going to be do .on the Cl or 2 or. whatever_ i.t' is. 5 MR. COOMES: The ap.prdisal. would take into �. . . 6 consideration the =fact 'that' that property is •a ,commercially. 7 designated property. .8 MR. ` HORN:' The 'reason I brie this point up, .i- n. 9 negotia.tions - I have had with potential purchasers,-' they have i0 given me offers".on my parcel and at they time .of ;this 11 condemnation hearing,..- there was this. Redevelopment, proposal' , 12 brought up,' they, said, disregard :all previous offers, we- .are 13 _ going to cut :it in half.. 14 In other words, •we have ,,got you where we want 15 you. ^fie can of fe r. you half of" what.,we .offered you before 16 because' we are going to•. get .less ;because of the'' condemnation �. 17 process. } 18 This. is the .reason, I ask what `the basis is - 19 they use, to 'value the property; the, mark-et value today" or 20. what it ,would he A_if 'it ,*as' condOmned' which -would ..be--half `of 21 that or less MAYOR PATTINSON: °If it' s 'condemned," it "would not . 23 . be half .that or less. It' s. a fair.mar.ket value today. 24' COUNCILWOMAN. 117EIDER: With the proposed •zoning. 25 MAYOR PATTINSON: With. the proposed zoning . 26. MR. 'HORN.: 'I don'. t object to -the .proposal, .it 'is•..an (213).437-1327 MACAULEY & MANNING, SANTA ANA.'CALIF. -(714) 558-9406 1 unused area. 2 My only concern is that I get the market value 3., of the the parcel- that L have 4 .MAYOR PATTINs N-- • Well, I: certainly, hope--that you 5 would. 6 MR: -HORN: So do I 7 Thank you -MAYOR PATTINSON: Does anybody, else have a question' 9. here?: lO A ,vbICE '-Yes, Mr. Mayor.• 11 : My name.;s' Dave ,Gering,. -:I represent -Mrs. 'Kemp L2 . who i s .a , owner': ; 13 MAYOR PATTINSON:s Have you ,been: sworn? 1-4 ,:.v MR. --GERING. . Vo, I have: nbt-;been: -sworn All 15 . MAYOR -PATTINSON ri { `0-t i�;Willl- .you-,please '16 swear- him'. in? h. ; 17 THE REPORTER: Do, -you solemnly;rswear to tell the 18 truth., ' the ,;whole 'truth -. and tnothin but thet truth p so` help g'' f •�t , .. y. f 19 you Gods 20 MR. =GERING 21- F Now; we have. went-into escrow with' this. 22 property,, and: are you 'saying now that .the people' who have.° . , . not went -into escrow, that' s where the condemnation is going ' 24 to come into being;Q. I: don' t uriderstand'that:_ 25 MR. COOMES: : 'Are. you ,in escrow with your .property? 26. -MR GERING -Yds..' We are. We were-,, yes (213) 437.1327 MACAU LEY-&`MANNING:.SANTA ANA', CALIF.' ;(714) 558-9400.' 44 1 MR. COOMES : If you':.were- into- escrow for your • 2 property- for the sale of, one o`f, the parties that the .Agency, ' 3 enters- into.' an agreement with, no, 'your property would�no.t 4 'IS e 'condemned. • 5-MR. GERING: That was .Business Properties?` 6 MR. COOMES : That' s correct. I,f the Agency proceed to enter into 'that agreement with , Business Properties, your • 8 escrow, would close, . I assume, and .the Agency would-,not condemn your property. 10' MR. GERING:I. My assump,tion' was that escrow -.was to 11 close on June*'the 15th and, naturally, these - roceedings . 12 are what is holding it up:. 'now: 13 MR'. COOMES: That' s correct. 14 MR. GERING: Thank, you, sir.. 15 MAYOR :PATTINSON:' . Are there any other. quest•ion"s 16. from :.the audience? If. you have some questions that you want 1.7. �. to get straightened. out, . now. is the time:18 . A VOICE.: I am .Marie 'Drynan and I•:._am'n.-'a property owner., but -I haven' t been sworn. G $ y . . ZO MAYOR, PATTINSON:• . +AlI right. Wi11' you.'pl`ea'se 21 ; swear her in? 2-2 THE -REPORTER: Do yourso'lemnly swear_ to -tell ' the 23 tr..uth, 'the whole truth and nothing but .the truth, ' so help. you 24. God? 25 . MRS. DRYNAN: Yes. 26 Well, you talk-' about Business Properties, ',.who . • l (213) 437-1327 MACAULEY & MANNING. SANTA ANA, CALIF. .(714) 558-9400 , 45 ` 1 is the -.other: developer? ..- I.:mean, we have been :contacted by; 2 " Business Properties like.. crazy and, last :year they:�just 'droppe .3. everything.' We- haven' t' heard from- them .sinc.e. . Of course; '4 , the person that--was. coritacthg- was'.,Morgan McCullogh-. .sae 5. just got left -and ..that .was, it. 6 :Now;- who is. the`:other'.property developer? 7 MAYOR ;PATTINSON s .•Mr. Sel-ich? , 8 _ MR. SEtZCH The 'other major 'property owner is: 9 Mr Landis, 'who owns a Large section of` property .adjacent 10 to .the service station near. Warner Avenue : a'nd-.Goldenwest 11 Street 12 j MRS. 'DRYNAN:' Oh; . okay': :We' have, been contacted- a, 13 ` couple.,.of'_ times' by him but not; very.. much offered. 14 Okay,. That' s . what I "wanted to know. 15" MR COOMES: Business"Prop`erties, the Plan�-and the Agency ;would encourage Business:, Properties .to assemble ."as.. 17 much ro ert as it can'in that area but 'Business Pro -erties P P Y r, = , f s, P 18 has . not been able._.to` proc22d, will not-, b2 able:' to proceed.. until .the Redevelopment Plan is. adopted; and• then until the .• ;' -_.- �,'- - r - 'fi., s d a,•r - n•: � =; - r -`4 a �' _.. 4 xL' `-$- � . ' . 20 Agency approves .its agreement-with h' BusinessProperoes 21 MRS . `'DRYNAN ',•It -sounds to me like- it' s" going to - go to Business Properties From• the way- I mean, they. are .the only ones that have talked about, so far: and •they 24 -are the only ;ones '•that haver a:.repor.t in-.there of..any"kind. 25 MR.: COOMES They are ,tYie: ones iai.th a'-proposal. 26 ` before the'.Agency Staff -has '-'discussed development with :' (213) 437 1327 MACAULEY &MANNING. SANTA Alva. CALIF: (714)558-9400,1 ' 46. 1 Mr . Landis -and -it-appears "that..any, ,development by liim.would • 2 -be 'compatible -with the, proposal' _by Business Properties.'- MRS DRYNANi Okay. - r . 'MAYOR.PATTINSON: Are there any:ether _questions by. , • 5 anybody , ii the �aiidience? (No. response:) 7 . MAYOR. PATTINS.ON: Are there any final questions • 8 by members of the C'ouneil, Agency or Commissions COMMISSIONER GAROFALO: Is. there 'a member of 10 3 Business- Properties here? 1,1 - MAYOR PATTI'NSON.; I. don' t.•know; Mr. ,Garofalo;. is. 12 there?:, J. , 13 A VOICE: Yes, there -is .- s di14 MAYOR .PATTINSON Would y_ou ;identify' yourself, sir? 15 A. VOICE My name-is; Darrell Stafford4 f j Business 16 : Properties, I.' have not been• sworn'.. ' MAYOR PATTINSON. °Wou=1d you .swear ,li -m in. THE -REPORTER:.:.,,Do you solemnly swear. to -tell the ' truth, 'the whole . truth: and nothing -but the 'truths so help 20 you. Gods _ r MR: ;STAFFORD': _ I . do -22 COMMISSIONER GAROFALO c I am confused� about one...-23 • little. th-ing•. I was presented with -a 1_etter at. our Commis"sion meeting".and a copy of an .article from, the. Register 25 _ : {. and aw carbon letter from `a realtor_ It seemed .like an 26 • :, unusual technique Ito, use r •''."' (213) 437.1327 MACAULEY a MANNING SANTi'ANn, CALIF (714) 558-9400.. 47 1 The article from the, newspaper was certainly 2 riot ;positive r to `what .we ae trying. .to 'do in developing 'a new- 3 use for that land: 4 'The technique used by. -the.' realtor. was one .of 5 a scare tactic, 1s• Business'Properties dealing with he 7 acgiAsition _of, the-.land..dir.ectl.y, are'--Efi6re .miscellaneous" free=agent realtors".that are' out `there-:trying to' assemble 9 the land? help me .understand this 'a li 10 -Can you ttle 11 betters - ..12 ' P.4R: 'STAFFORD: We haven contacted individuals, :13 ourselves at ;all•-. Most of_ them: 'have been through various 14 brokers'., There- has been more than -:one broker involved and - 15` I 'm certainly no familiar-,,;'wit16 . 'GAROFALO:� If that were the cases I, r � . ik t f17 *w e h "the brokers i-nvolved' so .I 18 could .speak to ahem l 19 According to . the ..repo'"rt, -it 11-sts.,' ,-the_ footnot 20, is At: upper range-o£..--developer' s•I!cu-r-rent acquisition costs- 21. to date .is the . footnote. - Under 'Agency :cos,tsr.it- lists 11 lots at 2,550' square ` feet-each .at $2 a. square foot 'for _$56, 00,0: 23 concern':has been at• least .in <our 24, Commission meetings not at the Agehcy. meetings because the , . 2S land' has been.zoned: RA Count, . y . assessments have `come ,in very _ " • 26. 'low' because of the ,disuse• of the f-and, the vacancy.'of the 4. �. (213) 437.1327 MACAULEY &'MANNING, SANTA.ANA, CALIF. `(714) 558.9406 48 2 : How are you approaching that? .This .is: a good, , 3 project :'and as an indiyi'dual Ii.,wa-nt to seei't happen ". 4, . . it'_s'hard• ,.for me. to •look !my neighbors din ":the .face if' 5 . " everything. wasn't happening. the.. way: it- should be 6 Th s '.is a' complicated ,.areaa and i+-"is:-hard to . -7 come.,up „with',the'.right- words. 8. . MR: STAFFORD:. , We , are '-to `pay, what: we feel;._ 9 is fair market value for the property and what is: 10 ' economically fe' asible;( for .us to. -carry the project forward. 11 We; have begun to; negotiate with- h people trough' 12 brokers for that. V. COP'lMISSIONER GAROFAI;O: Th•efe. .seems to` be a major 14 -co cat problem. from :what peopleHave told ,us at 15 _ Commiss ion meetings and the::fr riges� ' wlaatjwe .are hearing 16, -here tonight that 'the` -two parties' aren't: getting' together. - .17 MAYOR PATTINSON �"A1�T -ri ht `' - l - 18 Mr.'- Shenkman? i9 COUNCILMAN SHENKMAN • When, it comes down to the..- _final negotiations, the appraisal 'w `ll. tell, the � story, anyway: 21 The "people who 'own 'property',in ;the' project area will. have ,ao receive the fair .market ,value" based' on the, appraisal. All � one .can do is -to suggest ro eft' owners:`that .are gges to P P, Y• _ 24 ressured or "contacted b less' than ethical eo le,,, this p y p" p always. happens in this kind ' f 'a --project; but the reality 26 of the fact will be 'that The appraisal will indeed 'be (213) 437.1327 MACAULEY &MANNING. SANTA_ANA CALIF. (714) 558 9400 1 legitimate and, be based .on '.the highest:and best use of ' the - land which-'is a commercial development. 3 .So therefore, the property owners: will receive C ' the'. fair market' value IAYOR PATTINSON: I have a question for.'Mr. Coomes. 6 Mr Coomes', do you know at this time' who is goring_ to be .doing ahe`-appraisal? MR. COOME S . .- No, :I don-' t 9 MAYOR PATTINSON Whb �-picks out the :appraisers? 10 J MR. COOMES The yAgency would I F. MAYOR PATTINSON: So, those would :be 'independent 12 appraisers? MR .COOMES Well, the ,appraisal `costs.-.would not �. be, incurred unl'ess-you. have> an owner' -participation agreement ' that-' provides for. those; costs t�obe `advanced ;by ,the developer " 16 h'imself Those w eI. r t s Y he 17 property that remains. to be acquired. 18 'I th1hk' we have to state again, so-tha't •nobody 19 is, mislead that the appraisal has to= be ,based onj current:..• 20 :.' conditions. in the .area': 21 'MAYOR PATTINSON: AlY,`+rght N!r'1 Siebert?.1 COUNCILMAN SIEBERT This (area 'of -the"'appraisal' 23 value got: me confused Before .,I walked in here- this evening, •I1, was.. always .under the- unddrstand-ing, perhaps it : 25 was a. mi sunderstandirig, that it` was` the highest: and .best e. } (213) 437-13.27 MACAULEY & MANNING_. SANTAnANA CALIF.. (714) 558.9400,t 50 1 My' question wo.uld,_be: It'-s .now currently Z zoned RA; is. that Correct? :$ MR. .SELICH That' s correct: .4 COUNCIL'MAN:`SIEBERT _ If this -area 'were "zoned 5 commercial, - which is .'what we are all talking .about, would tha �. . ." 6' . have, an impact: on the. appraisal :in ".your opinion, Mr.: Co'omes? 7 MR. COOMES L. could- not say. The :General . PTan $ calls for. this= area •'to -be 'developed .commercially. 9. COUNCILMAN .SIEBERT c You know, -I -am concerned that ;the -property owners here may not be-;rea-1_izing there,'.,s risk' 11 : `on both -sides ' of: the', fence,.,.to the •developer and 'to the" band 12 owner:. But,' 'if they owned if I were:;a lender. and' I owned: .13 -land which was in -a.'prime commercia"l area and was, to :.be 14, e'ithe,r develop-ed ..private -y 'or by an._ original' project;•and I : - .15 . knew•,that- if' it was. done privately and ,it 'was+ zoned correctly 16 that I would be .'asked. And; that if it- wascdone under' the 54 17 Redevelopment. Plan under a zoning;suffx and-'that.:did not 18 meet -with..what, intent was and that valub--was X .minus 19 anything it .would 'seem' to me it wou-ld be F •�' 2 MR. COOMES. The appraiser, will 'have, to disregard a the dependency, -or '.the impact of...the .Redevelopment Plan. -.., , :.,-The appraiser_,will be: 'asked.'to value that _. property i-n; its current condition in tie open market today 24 without respect to. the .redevelopment •plan-.or the..-project: 25 COUNCILMAN MI ERT I' am more heavily= addressing : 26 Lthe:zon'irig'. - �' (213)°437-'1327'- MACAULEY& MANNING SANTA'ANA.iCALIF "; (714) 558-9400 51 1 MAYOR PATTINSON: May I qualify just one thing: 2 You have to remember that some of the properties are- land 3 locked, unaccessible. 4 COUNCILPMN SIEBERT: Yes 5 MAYOR -PATTINSON: You have to. remember there is . 6 going to .be some differences in the way the property lies . . 7 The commercial property on the market, right now, is worth 8 ' more than the RA. 9 Mr. Harlow? 10 MR. HARLOW:. The general real. estate appraisers 11 also question as to probability for a zone change, in which 12 'cas"e the General' Plan is the essence of what their decision 13 is based on... I would say the RA zone is a transitional r 14 zone between the agricultural; development and the commercial- 15 residential or industrial,`deve1o'bment.' 16 MAYOR PATTINSON: Mr.' Sel ich? 17 MR'. SELICH: In my discussions with ' appraisers,_ 18 this is a question I ran into all the time ash far •as the 19 effect the zone has .on :the value of: ,th,e .property On; this 20 particular piece of property, in all probability the only 21 properties that the commercial °zoning .;would .r'eally have any . 22 effect on, would be those lots that have direct access off of 23 Warner Avenue and Goldenwest Street. 24 This is just to emphasize what Mr. Pattinson 25 has said that the rest of the properties are essentially '. 26 landlocked. ',They have no vehicle. access, utilities and so 1 (213) 437.1327 MACAULEY & MANNING, SANTA ANA, CALIF. (714) 558-9400 .. 1 .forth_ - .. ` _ • . _ 2 :Even• w 'tha the :commerc -a-1 zoning,. their._value 3 would probably. not be'. any 'different';if.-,'they were,•zoned _ 4•. commercial' So' the :only on that would ,be affected, 6; would.•be•. the. .ones `on, Warher•.Aveftue'. or!.Goldeniaest, Street:- -MAYOR PATTINSON: All right Mrs. Weider? .COUNCILWOMAN, TATEIDER Mr.. .Coomes, I. would like to 9 go back tb an answer .you. gave earlier dontrasted, to -one that 10` you;. have just given as it relates-to the_ value 'of property. 11 At which time •is'• it valued; at-which point? 12 Let .me .ee•'state what, I :think •you just said. 13 I understood` you"to say that the __property would'.. 14. . .be assessed at its=:present market value keeping .'in. 15' consideration.-its .best -use -and ,1.,thought;this!wasr an :•implied 1.6. statement •if -you d •d not say take into consideration -the 17 f R. Z. pro j"ected. change, some :change ? s . , 18 MR COOMES ,The `:appradser }y;in°-'apprais-ing the 19 property to its; fair market';valu ts't hg-hest' and' best 4. • 20 :use .takes-- into: .consideration the_.likel-iliood' of a• zone± 21 change. The likelihood of,' a zone change„ is-pretty easy to predict because, the General Plan de'sig.nates it .as commercial:• , • _The land, use; thei land .use designation, for_ 24 the .property is only. one of. a number''of elements th'a't go` into the' apprai sal and its value. Some of the• others were. mentioned- by. Mr. . Selich.: The' t<itle..to the property, whether . (2i3)437 1327 MACAULEY &'MANNING BANTA ANA, CALIF. (714) 558.9400. 53 1 its developable iri : itS current state 'of�. title is: 'another;' • 2 factor.:. The appraisal will stake all of these factors into 3 consideration. 4 - The a- ppraiser�is `charged 'with, coming. up with • 5 his -best judgmerit as to" wha.t.,tYiat property iS wo:rth on the 7 6 market today taking into cbh!jideration- the likelihood of ,the-` zoning • .: 8 Me -will have' two . to `r a sizppor . that. 9 COUNCILWOMAN ,WEIDER Mr*. 'Coomes, tY e City Gouncil a5 th'e :Redevelopment..Agency is governed by the State 11 'Redevelopment'Zaw• .am I not= correct? 12 MR. COOMES,:- ' -That' s I:correct 13 :COUNCILWOMAN.. WEIDER: : California ,State::. •, Redevelopment_ Law controls 'and 'protdbts':the. buyer as well ' as the -seller ' in this "area. W. 16 -MR. :COOMES That''s correct a 17 -'COUNCILTgOMAN WEIDER `f.:I We,};have to ;fol-low such 18 quidelines. f ` 19; MR. COOMES rThat=':s =correct t They fair'"market, • 20 -value ' is the minimum you can pay the property owner. To pay.. 4. IT 21 . • in excess of fair market. va-lue or substantially; in 'excess of. . a 'sum that-lcan.,be • su orted b• , pp y , an appraiser ,;is- against-'.the _ 23 •. public: funds ` . 24 h_ So,` the-: fair market value. is .ia'-kind of .yard 25 stick for 'both sides 26 r_ `MAYOR PATTINSON Are theme any other•' questions (213) 437-1327 MACAULEY.& MANNING, SANTA ANA: CALIF r '(714) 558.9400 ," - 54 1 from' the Council, the Agency or. the Commission? • 2 Ifs there-• is no further testimony' or' evidence: •': 3 to be received,_ the. Char_ w11 enterain` a motion `to .-close- 4 the 'hearing.- 5 _ COUNCILMAN SHENKMAN: .-So moved: COUNCILMAN-,SIEBERT Second. '- .."It has been•:"moved by Mr. •Shenkman 8-'. • and, seconded by Mr".''. Siebert.. 9.. .At' this .time .we .will call ` for. a vote. • - If, the 10 . C"lerk will. call`.a roll .call:=vote for the Agency." C,ounail. and • / r. _ 11 the Redevelopment Commission, separately. ` 12' .THE CLERK Ba'rtlett� T COUNCILMAN BARTLETT: -Yes j � • 14 THE CLERK:. Weider? 15 COUNCILWOMAN .;WEIDER ;,Y,es.. 16 THE CLERK 'Coen?' .. .� X, • 17 COUNCILMAN 'COENc 18 'THE ,CLERK Pattinson� 19 B'1AYOR` -PATTIINSON -Yes 20 't -THE. CLERK S,iebert5 21. ;.. 'COUN.CILMAN.-SIEBERT. . ..Yes THE CLERK: Shenkman? • COUNCILMAN '.SHENKMAN 'Yes THE CLERK -Now,:` the Redevelopment Agency: Bartle 1 '4 • Zs s COUNCILMAN BARTLETT: Yes • (213) 437 1327• MACAU"LEY-&MANNING, SANTA ANA, CALIF. (714) 558-9a00 55 j. .THE.,CLERK,: Weider? 2. COUNCILWOMAN WEIDER: Yes, 3 THE .CLERK Coen?-. 4 .COUNCILMAN COEN: Yes 5 THE CLERK Pattinson?• ; 6 -MAYOR PATTINSON 'Yes-.. 7 THE CLERK: Shenkman? 8 ,,COUNCILMAN SHENKMAN Yss:. 9 THE. CLERK: Siebert? . e' 10 ..' ":COUNCILMANN SIEBERT J Yes. • r - _- _ - ' j 1 MAYOR PATTINSON': And.•now the. Redevelopment_ . . 12, Commission, 'please.' 13 THE CLERK: Bazil? _ 14 COMMISSIONER BAZIL :Yes y VI i -F_ -•� 15 -' THE.-CLERK Grangers ; 16 r, :(No •re`sponse. ) 17 ;Perez ,,. CQDIMISSIONER PEREZ Yes.` ?� 19 > < s .y t THE •C'LERK G,aro:falo�` .i. } 20 COP•'iMI'SS"IONER GAROFALO: Yes 21 THE .CLERK: Milk6Vich? J COMMISSIONER .MILKOVICH Yes. MAYOR $ATTINSON, The'... 'oint ublic: hearin of .the P g•. 24 'City Council, Redevelopment Agency 'and Gommunity `Redevelopmen ` 25 commisssion ..is closed THE. CLERK Do you need a motion on the ' (213) 437 1327: - MACAULEY & MANNING.'SANTA•-ANA:'CALIF.- (714) 558.9400 56 1:. Redevelopment .Commi"ss-ion or just the 2 MR. COOMES The_ vote is okay because the meeting ' " 3• is being conducted- by the. 4 ,cHAIRMAN:'BAZIL The Community Redevel'gpment 0. S; Commission is :mow in session, and we will. consider And `act 6 " upon objections to -.the Redeveloprrient Plan,.and the.'approval ; 7 of., tYi'e" Plan,. '. . 8 MR •COOMES Mr. " Chairman, you" have -before: you a 9 resolution..,overruling all written and oral objections to the 10 Plan tha,t:,have-.'beeh",received either, written. or `'oral The "Resolution goes .on.-to- recommend to: the. 12 -city' Council an adoption of' the .RedeVelopmerr"t Plan 13 THE. CHAIRMAN: Mr. •Milkovich? 'COMMISSIONER MILKOVICH I-: move for .the. adoption of Commis.siori Resolution Number,::7 16'. THE CHAIRMAN: Do., I have a�;second' "to'this? . r 17 !COMMI<SSIONER". PEAEZ ~Second 18 THE_.CHAIRMAN: Can we have a `rol f"-dall " vote on. this. 19. plea"se? • 20 THE CLERK D'o .you want me to "read' it by . title? 21" THE "CHAIRMAN: Yes,kplease'. 22 THE' CLERK: RESOLUTION OF "THE • COMMUNITY 23 REDEVELOPMENT-.COMMISSION -FOR THE' ChTY OF` H"UNTINGTON BEACH 24 APPROVING THE REDEVELOPMENT PLAN FOR: THE.•.WARNER-GOLDENWEST" 25 -SMALL LOT- REDEVELOPMENT' PROJECT' AND RECOMMENDING- ITS .,. 26. . ADOPTION. BY THE:".`.CITY. COUNCIL. - (213) 437-1327 MACAULEY & MANNING• 6ANTA ANA, CALIF. " (714):558-9400 ' -F 57 1 THE CHAIRMAN: Roll call vote' please �. 2 THE. CLERK: Bazil? ; 3 CHAIRMAN- BAZIL: Yes - 4.- .THE .CLERK Perez? . ; 5 :COMMISSIONER.PEREZ : Yes. ' . 6: .THE': CLERK 'Garofalo?` 7 : COMMISSIONER* GAROFALO:- Y.es 8' THE CLERK: Milkovich? 9 COMMISSIONER•'MILKOVICH --Ye-s'.. w 1� NiAY,OR PATTINSON The Redevelopment Agency.,- is now -1,1 in, session;. and, we will :consider the.. Final Environmental '12 ' Impact Report on the Redevelopment. Plan for:. the Warner 13 " GoI nwest Small Lot'.Redevelopment pxoj ect A resolution has ` - 14' been :prepared .'for .cons: deration''Jby the' Agency - 15 - The ,Redevelopment Agency_:_recommends 'action.' on: 16 Resol-ution. of Agency .certi .yingJcompletion of Final 19 Environmental Impact Report: That ins Resolution, Number 17 Do 'I hear a`�motion, :.from the floor, adopting Resolution- Number 'l7, read.irig by,Ltitle 20 .-COUNCILMAN COEN So moved= 21 _ COUNCILMAN ,BARTLETT. Second22 . MAYOR-PATTINSON Second by: Bartlett and moved by 23 Coen :•24 Rolf call vote; please on the Agency.. . 25 THE- CLERK V 'A'RESOLUTION OF- THE . 26 •REDEVELOPMENT AGENCY OF THE: CITY OF.. HUNTINGTON ;BEACH r. .('213) 437-1327 MACAU LEY-& MANNING•-SANTA ANA, CALIF (714).558 9400 : 58 L . _CERTIFYING, THE -COMPLETION OF A FINAL ENVIRONMENTAL IMPACT. 2 ";REPORT-.FOR'..THE WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT ._ 3 PROJECT. , : 4., Bartlett? 5• COUNCILMAN BARTLE,TT Yes: 6 THE CLERK Weide.r� - 7' ' COUNCILWOMAN. WEIDER: Yes: ' 8 THE •CLERK: Coen? . 9 COUNCILMAN;.COEN: Yes 10. THE: -CLERK: P•attinson.?: , 1L MAYOR• PATTINSON , Yes .71 1'2 THE .CLERK Shenkman? =. 13 COUNCILMAN SHENKMAN: Yes.= , 14�. THE- CLERK: Siebe.rt? COUN_ CILMAN ,SIEBERT Yes,. _ 16 MAYOR PATTINSON: The Redevel.opment`Agericy is � . ' 17, ad 'ourned. k. 48 The City. :Council ;is -riot in session and- will now consider an�da,ct•`on,ahe' 'matters before it.;. in „order.tas 20 to } - 1.; The consideration;_ in passing,-:on°'.written and:oral objections to the, Redevelopment•.Plan. • : 23 MR CO.OMES.:_ Mr . Mayor, for the. record I, iaould like to have a '-motion overruling written and oral'.objections, even 25 .though :there were -none • 26 x COUNCILMAN .COEN So' moved'. _ MACAULEY a MANNING. enNTa ANA: CALIF. . ', >(n4)•558 9`400 59 1 COUNCILMAN :SIEBERT: Second•: 1.-MAYOR PATTINSON.':'_ It has ,been moved,by Mr... Coen 3 and' 'seconded" by Mr. Siebert. •4 Roll `.call vote,`. pleas-e , 5 'THE CLERK: -Bartlett? 6.. COUNCI_LMAN BARTLETT `Yes 7 THE CLERK: . Weider? y 8 COUNCILWOMAN WEIDER: Yes......, . 9: THE CLERK. Coen to COUNCILMAN• COEN Yes, THE-CLERK: - Patti•nson? t . 12} MAYOR PATTINSON c Yes:. 13' THE •CLERK :Siebert 14, COUNCILMAN SIEBERT 'Yes `1- 15 THE CLERK Shenkman� COUNCILMAN SHENKMAN "-Yes. .-. 17. �" MAYOR PATT,INSON `I would °entertain a',motion,18 . to adopt.`the --Redevelopment' Plan 1 , Do I'.hear -a motion .f-rom .tale 20 COUNCILMAN BARTLETT .-So moved: COUNCILMAN COEN. ..Second. MR:' ;COOMES This wi1.1 be the first reading of the o"rdinance and you. should follow-- your normal Council , 24. format. 25 MAYOR PAT-TINSON: The, first reading .of.- the Ordinance adopting .and approving the 'Redevelopment `Plan, it, • (213) 437.1327 MACAULE.Y-&MANNING, SANTA ANA. CALIF . '(714) 558.9400.• 60 1 has been moved by Mr . Bartlett and seconded by Mr. Coen. 2 The ordinance number is 2212 , first reading 3 by title only and waiving.-further reading. 4 THE CLERK: ORDINANCE .NUMBER 22,12 5 AN ORDINANCE OF THE CITY .OF HUNTINGTON BEACH 6 APPROVING AND ADOPTING THE- REDEVELOPMENT- PLAN FOR THE WARNER- 7 GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT. 8 .- THE .CLERK: Bartlett? 9 COUNCILMAN BARTLETT: Yes: 10 THE' CLERK: Weider? 11 COUNCILWOMAN WEIDER: Yes 12 THE. CLERK: Coen? i3 COUNCILMAN COEN: Yes . 14 THE CLERK: Pattinson? 15 MAYOR PATTINSON: Yes, 16 THE CLERK: Siebert?• 17 . COUNCILMAN SIEBE'RT: Yes. 18 a THE CLERK: Shenkman? 19 COUNCILMAN tSHENKMAN' Ye`s'.' . ZO MAYOR PATTINSON: At this-time I wit11 recess the 21 City Council for the purpose of further interviews for City22 - Boards and Commissions.. . 23 MR. SELICH: The Redevelopment Commission needs to' ' 24 adjourn first. 25 MAYOR •PATTINSON:• All right. Let them adjourn; 26 I 'm sorry. (213) 437.1327 MACAULEY & MANNING, SANTA ANA, CALIF. (714) 558-9400 61 1. CHAIRMAN BAZIL: I would`.like .'to..have: a motion 'for. �. 2.j,adjournffient: 3 COMMISSIONER.,PEREZ : Sd ,moved. , ; 4 COMMISSIONER 'GAROFALO: Second 5 !CHAI_RMAN BAZIL: ' The meeting" is 'adj'ourned. 6 MAYOR PATTINSON At 'this. time I .twill recess",. the .7X City Council -`and adjourn 'the Redevelopment Agency. g 10 12 . 16 17 1g 19 - • 20 j t 21 • 23 } , 25 k (213) 437••1327 MACAULEY &MANNING. 6ANTA'ANA, CALIF. (714)'S58.9400. - • 1 • 2 3 i 4 REPORTER'S CERTIFICATE j • 5 i 6 I a Shorthand L .oiic r 7 Reporter and a Notary Public of .the State of California with 8 principal office in the County of Orange , do hereby certify 9 that the foregoing proceeding was written by me in Stenotypy , i 10 and transcribed into typewriting and that the foregoing is a I 11 true and correct copy of nay shorthand notes thereof. 12 13 i • 14 15 16 Dated: AUG 16197 • 17 18 19 I 20 21 ?2 • 23 24 25 26 • (2131 437-1327 MACAULEY & MANNING. SANTA ANA, CALIF. (714) 558-9400 DRAFT 0 snwwfonm(�, m�f�Il PROPOSED WARNERm GOLDENWEST • SMALL LOT REDEVELOPMENT PLAN hunfingion beach planning department l TABLE OF CONTENTS Section Page . 1. 0 INTRODUCTION 1 1. 1. Planning Area 1 .� 1. 2 Project Description 4 1.3 Redevelopment Project Objective 4 1. 4 Methodology 4 2 . 0 ENVIRONMENTAL SETTING 7 2. 1 Natural Setting t 7 -� 2 . 2 Urban Setting 13 3. 0 ENVIRONMENTAL IMPACTS AND MITIGATING MEASURES 19 3 . 1 Land Resources 19 3. 2 Water Resources 21 3 . 3 Biological Resources 23 . • 3. 4 Cultural Resources 23 3 . 5 Transportation/Circulation 23 3 . 6 Air Resources 24 3 . 7 Noise 25 3. 8 Public Services 27 3 . 9 Utilities 28 S 3 . 10 Human Habitat 30 3 . 11 Economic Considerations 32 4 . 0 ALTERNATIVES TO THE PROPOSED ACTION 37 4 . 1 No Project 3738 4 . 2 Eminent Domain for Public Project 4 . 3 Lower Commercial Density 38 4 . 4 Higher Commercial Density 38 39 4 . 5 Residential Use 5 . 0 SHORT TERM USES AND LONG TERM PRODUCTIVITY 41 • 6. 0 IRREVERSIBLE ENVIRONMENTAL CHANGES 43 7 . 0 GROWTH INDUCING IMPACTS 45 REFERENCES 47 APPENDIX 49 • • f 1. 0 INTRODUCTION i The Environmental Impact Report for the proposed Warner-Goldenwest Small Lot Redevelopment Plan has been prepared by the Plan Development Section of the City of Huntington Beach Planning Department. 1. 1 Planning Area The proposed Redevelopment Project Area is located in the northwestern section of Orange County, California, in the City of Huntington Beach, as shown in Figure 1-1. This section of Huntington Beach commonly referred to as "Encyclo- pedia lots" comprises the Project Area (Figure 1-2) . Encompassing approximately 15 - acres of vacant land, the Project Area is generally located at the northeast corner of Warner Avenue and Goldenwest Street (excluding the developed corner of Warner and Goldenwest) , and surrounded by residential areas, a city park, high school facility, and commercial shopping center. 1 i 1 0 w WT.WILSON Q7 ALTADENA Z D NORTH S.Re..x L 30 ;134 .ASADENA ......S GL9"DALE# ARC AOLA —To San Fromisco SAN ,,4 0 CLAREMONT.' SAN GAIMIEL CTEMPLE C "OLLIWOODO 1 O P �.A AN K lCO", IL M C. 0 L ONTE A 0 WEST PON,0'. T..!O(:. n I L 19 COVINA 4�. LOS Lf 0 NA I, I.-C. P I 10 SANTA YONICAJ C,i Eft usc DIAMOND (:)COMMERCE 20 IAL OAR HUNTINGTON 'ARNO 4 SANTA Ff :_OS ANGELES 4P C W OSPA'.01 ir GRANGE C UNI 1 AT-FULLERTON 57 CALSTA!F COLLEGE -0 EL SEGUNDO rj 4f YORGA LINDA A. GARDE" LAr5 MANhATTAX SEACH00 91 ARTESIA FAIRY ...,FULLERION I:ACEN-,A !.,vE.S,Cf. 91 AR- S.A BLVD.- tA. -LPS,,E p NERVOSA BEACA 0 LAKEWOOD 0 ANA EIM I 91,SRO REDONDO BEACH TO ANCE 0 6VILLA J) P PALO$�ERDEi E 5 rArE 'AL STATE LIEU A G. LONG C. 22 SANTA C ANA T e a c TUSTIN SAN A REACH WEST �4 q A OSTA CARVINE '41 73 0 5 'IS VICINITY MAP 0 SCAL E iN MILES 0 f HUNTINGTON BEACH LAGUNA L,Figure D FT s i WA rA roi v i•.►i.,64 F Oi c. AMOK POP 0,0 / // / /ZA FAA"A WA rlOVA"Wd AA RAF op j%PRO iiiiol NAO iiiiiiiiiiiiiisiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiif� • 6 . . . • ///, 1 . 2 Project Description -i The proposed project is the Redevelopment Plan for the Huntington Beach Warner-Goldenwest Small Lot Redevelopment Project Area prepared by the Planning Department. The plan establishes a land use designa- tion for the Project Area in an effort to create a new role for the site as a commercial shopping center environment. All development l ' in the Project Area shall be in conformance with the Land Use Plan set forth in Figure 1-2. The Redevelopment Agency proposes to eliminate and prevent the blighted conditions which exist in the Project Area by: 1. Acquisition of certain real property; 2 . Abandonment of private streets; 3. Installation, construction, or reconstruction of streets, utilities, and other site improvements; 4. Disposition of property for uses in accordance with the Plan; 5. Redevelopment of land for uses in accordance with the Plan. Upon adoption of the Redevelopment Plan by the City Council, the Redevelopment Agency will be authorized to finance the project with financial assistance from the prospective developer or property owners. 1. 3 Redevelopment Project Objectives • The Huntington Beach Warner-Goldenwest Small Lot Redevelopment Project has the following objectives: 1. Eliminating conditions of blight that presently exist within the Project Area through land assembling, new construction, and new development. • 2 . Broadening the municipal economic base by developing the Project Area into a retail commercial shopping center. 3. Improving traffic circulation within the Project Area including major and primary street improvements. • 1. 4 Methodology In preparing the Environmental Impact Report (EIR) for the Redevelop- ment Project Area the methodology used entailed the analysis of various source material and documents that have been prepared speci- fically for the Redevelopment Project or materials and documents prepared on specific areas within the Project Area. Such documents 4 • and source material includes in part Urban Projects, Inc. , Memorandum Report Review of Major Tenant Market Support: Proposed Business Properties, Inc. Shopping Center Project at Warner and Goldenwest Avenues and Sales Estimation for. Proposed Supermarket and Superdrug - Warner Avenue and Goldenwest Avenue, Huntington Beach, prepared for Business Properties; Inc. , Huntington Beach, California, ��- by MIS, Inc. , San Diego, California, and the Planning Department' s publications concerning the Warner-Goldenwest Small Lot Study Area consisting of : 1. Preliminary Plan for Warner-Goldenwest Small Lot Redevelopment Project Area, February, 1977 . +" 2. Preliminary Plan for Small Lot Redevelopment Project Area, August 3 , 1976. The analysis of the environmental impacts within the Warner-Goldenwest Small Lot Redevelopment Project Area conform to the requirements of • the California Environmental Quality Act (CEQA) . • • • • 5 REDEVELOPMENT PLAN FOR THE WARNER-GOLDENWEST SMALL LOT PROJECT AREA r Section 1. 0 (S100) INTRODUCTION The development problems of the Warner-Goldenwest Small Lot area have been known for some time. Since its identification in the Non-Structural Blight Element ( 1968 ) along with several other similar areas, investigations have attempted to develop solutions to the serious development obstacles there. The conclusion of these studies is that utilization of the California Community Redevelopment Law is the most appropriate means of maximizing the potentials of this area. Toward this end, a Project Area Boundary and Preliminary Plan were adopted by the Planning Commission 'on February 23, 1977 and accepted by the Redevelopment Agency on June 6, 1977 . Growing from the Preliminary Plan, this Redevelopment Plan is intended to remedy the inadequate subdivision and economic maladjustment of the Project Area through private acquisition and consolidation of sites for development; Agency assistance in acquisition and consolidation when private enterprise is unable to assemble development parcels, new construction, and provision of public improvements in conjunction with private development activity. Tax increment financing will not be utilized in the implementation of this plan. } r r This Redevelopment Plan for the Warner-Goldenwest Small Lot Project Area has been prepared for the Huntington Beach Redevelopment Agency according to the Community Redevelopment Law of the State of Cali- fornia, the California Constitution, and all applicable local laws and ordinances. The Plan is in conformance with the City's General Plan. 1. 1 (S101) General Definitions The following definitions will be used in this Plan unless the context otherwise requires: 1. 1. 2 ( "Agency" means the Huntington Beach Redevelopment Agency, City of Huntington Beach, California. 1. 1. 3 (B) "City" means the City of Huntington Beach, California. 1. 1. 4 (C) "City Council" means the City Council of the City of Huntington Beach. 1. 1. 5 (D) "Discretionary Projects" means an activity defined as a project which requires the exercise of judgment, delibera- tion, or decision on the part of the public agency or body in the process of approving or disapproving a partic- ular activity as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. 1. 1. 6 (E) "Map" means the Redevelopment Plan Map for the Warner- Goldenwest Small Lot. Redevelopment Project Area. 1. 1.7 (F)_ "Ministerial Projects" means as-'a' general rule those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts- in a prescribed manner in obedience to the mandate. of legal authority. With these projects, the officer or agency must act upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construction of its language by the officer. 1. 1. 8 (G) "Owner" means any individual or entity owning "real property" as defined herein. 1. 1. 9 (H) "Person" means any individual, or any public or private entity. i a r L , avv 1. 1. 10 (I) "Plan" means the Redevelopment Plan for the Warner- Goldenwest Small Lot Redevelopment Project Area. 1. 1. 11 (J) "Planning Commission" means the Planning Commission of the City of Huntington Beach, California. 1. 1. 12 (K) "Project means any undertaking of the Agency pursuant to this Plan. 1. 1. 13 (L) "Project Area" means the Area included within the bound- aries of Warner-Goldenwest Small Lot Redevelopment Project and is used interchangeably with the term "Redevelopment Project" herein. 1. 1. 14 (M) "Real Property" means land; including land, buildings, structures, fixtures, and improvements on the land; property appurtenant to or used in connection with the land; every estate, interest, privilege, easement, franchise, . and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage or otherwise and the indebted- ness secured by such liens. 1. 1. 15 (N) "Redevelopment Commission" means the Huntington Beach Community Redevelopment Commission. 1. 1. 16 (0) "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Section 33000, et seg. ) 1. 1. 17 (P) "State" means the State of California. 1. 2 (5102) Redevelopment Project Objectives The Warner-Goldenwest Small Lot Redevelopment Plan has the following objectives : 1. 2. 1 (A) Consolidation of undevelopable lots to eliminate non- structural blight. 1. 2. 2 (B) Expansion of the municipal economic base through develop- ment of commercial uses. Section 2 . 0 (S200) PROJECT AREA BOUNDARIES AND DESCRIPTION The boundaries of the Warner-Goldenwest Small Lot Redevelopment Project Area are indicated on the Map. Generally, the Project Area is located at the northeast corner of Warner Avenue and Goldenwest Street (excluding the developed corner of Warner and Goldenwest) . The Project Area consists of approximately 15. 2 gross acres. The legal description of the Project Area is as follows: That portion of the Southwest one-quarter of the Southwest one- quarter of Section 23, Township 5 South, Range 11 West, in the Rancho La Bolsa Chica and the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in book 51 page 13 of miscellaneous maps in the office of the County Recorder of said county, also being a portion of Tract No. 392 as shown on a map recorded in book 16 page 5 of miscellaneous maps in the office of the County Recorder of said county, described as follows: Beginning at the southwest corner of said Section 23, also being the centerline intersection of Goldenwest Street and Warner Avenue; 1 • � thence North 00 45' 30" West 282 . 00 feet along the west line of said Section 23, also being the centerline of Goldenwest Street; thence North 890 25' 00" East 30. 00 feet to the southwest corner of Lot 16 of Block C of said Tract No. 392 , said point being the True Point of Beginning and lies on a line parallel with and 30. 00 feet Easterly, measured at right angles, from the West line of said Section 23, said parallel line also being the west boundary line of said Tract No. 392; thence North 00 45 ' 30" West 352. 78 feet along said line to the North right-of-way line of Huntington Place as shown on said map of Tract No. 392; thence North 890 26' 35" East 1291. 00 feet along the north line of said Huntington Place and its easterly extension to the east line of said southwest quarter of the southwest quarter of Section 23 also being the east line of sail Tract No. 392 ; thence South 00 45' 30" East 604 . 92 feet along said last mentioned line to the South line of said Tract No. 392 being a line parallel with and 30. 00 feet northerly, measured at right angles from the south line of said Section 23 also being the . centerline of Warner Avenue; thence South 890 26' 57" West 1089. 23 feet along said South boundary line of Tract No. 392 to the south- west corner of Lot 30 of Block C of said Tract No. 392; thence North 00 45' 30" West 252. 00 feet along the west line of said Lot 30, its Northerly extension and the West line of Lot 63 of said Block C to the northwest corner of said Lots 63, thence South 890 26' 57" West 201. 76 feet along the South line of Lots 71, 70, 69, 68, and 16 of said Block C to the True Point of Beginning. Section 3. 0 (S 30.0) USES PERMITTED AND DEVELOPMENT GUIDELINES 3. 1. 1 (S 301) Map The Map illustrates land uses to be permitted within the Project Area as well as the location of the Project Area. All development within the area shall conform with land uses indicated on the. Map, as defined in Section 302 of this Plan. 3. 1. 2 (S 302) Commercial Uses General Commercial - It is shown on the map for general commercial and shall be developed for convenience retail or office uses. These uses shall include, but not be limited to, drug stores, grocery stores, banks, liquor 'stores, personal services establishments such as laundry, barber shops, dry cleaners, general office uses, medical and dental offices, and related ancillary uses. 3. 2 (S 303) Standards for Development All real property within the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed or otherwise changed. after the date of 'adoption of this Plan except in conformance with the provisions of this Plan. i All requirements -of the City' s C2. Zoning Ordinance as it now exists or is hereafter amended shall apply to development within the Project Area. The Agency is authorized with respect to individual parcels subject to land disposition agreements or on a participation agreement to establish such additional development standards as may be necessary to assure that the objectives of this Plan are met. Such standards may exceed but may not be less- restrictive than the requirements of the City' s Zoning Ordinance. 3. 2. 1 (S 304) New Construction All new construction shall comply with all applicable State and local laws in effect from time to time including, .without limitations, the Building, Electrical, Heating and Ventilating, Housing and Plumbing Codes of the City of' Huntington Beach. 3. 2. 2 (S 305) General Development Standards 1. The Agency shall establish setback and lot area requirements for all new development within the Project Area which may exceed the requirements of the City' s Zoning Ordinance. 2. The Agency shall require that, as feasible, adequate landscaping and screening be provided for each use to create buffers between those areas designated for different uses. All outdoor storage of materials or equipment shall be enclosed or screened by walls, landscaping, or other enclosure to the extent and in the manner required by the Agency. 3. The approximate amount of open spaces to be provided in the Pro- ject Area is the total of all areas which will be in the public rights-of-way, the public grounds, the space around buildings, and other outdoor areas not permitted to be covered by buildings. Landscaping plans shall be submitted to the Agency for review and approval to ensure optimum use of living plant material. 4. In all areas sufficient space shall be maintained between build- ings to provide adequate light, air, and privacy. 5. The Agency shall require that all utilities be placed underground when physically and economically feasible, or when not feasible, all above-ground utilities shall be placed at the rear of parcels. 3. 2. 3 (S 306) Design for .Development Within the limits, restrictions, and controls established_ in the. Plan, the Agency is authorized to establishtype, size, _number and___ heights_ of buildings, land coverage, design criteria, traffic circulation, r 3. 2. 6 (S 309) Resubdivisi.on of Parcels No parcel in the Project Area, including any parcel retained by a conforming owner or participant, shall be resubdivided without the approval of the Agency. (S 310) Development and Building Permits within Project Area 3. 3. 1 (S 311) Review of Application for Issuance Ammits Upon the adoption of this Plan, no permit shall be issued for the construction, alteration, rehabilitation, or modification of any building in the Project Area without (1) approval of the Agency and (2) processing and approval of the permit by City officials or City bodies in accordance with applicable City ordinances. 3. 3. 2 (S 312) Appeal The applicant or the Planning Director may appeal the decision of any City official or City body to withhold, conditionally allow, or allow the issuance of such permit to the Agency. Within ten (10) days from the mailing of the notice of such decision, the appellant shall file his notice of appeal in duplicate with the City Clerk. The notice of appeal shall set forth the grounds relied upon by the appellant. Within ten (10) days following the filing of the appeal, the Agency shall set the matter for hearing and shall give notice of the .time and place- for said hearing to the applicant and to the Agency. The Agency may reverse or affirm wholly or partly, or may modify any decision or determination or may impose such conditions as the facts warrant, and its decision or determination shall be final. Any hearing may be continued from time to time for a period not to exceed sixty (60) days from the date on which the hearing was originally s t � a.3.3 cs ""3 � 04 3. 4 (S 313) Public Actions Streets and alleys may be widened, altered, abandoned or closed as necessary for proper development of the Project. . Additional public streets, alleys, rights-of-way and easements may be created in the Project Area as needed for .proper development. 3. 5 (S 314) Nondiscrimination There shall be no discrimination or segregation based upon race, color, creed, religion, sex, marital status, national origin, or ancestry permitted in the sale,. lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. 1 • I traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed and no existing improvement shall be substantially modified, altered, repaired, or rehabili tated except in accordance with architectural, landscape, and, site plans submitted and approved in writing by the Agency. Such site plans must conform to all provisions of this Plan, development standards and design controls hereafter established by the Agency, and shall reflect attention to good design, open space, and other amenities necessary to enhance the aesthetic quality of the Project Area. 3.2. 4 (S307) Minor Variations Under exceptional circumstances, the Agency is authorized to permit a variation from the limits, restrictions, and controls established by the Plan. In order to permit such variation, the Agency must determine that: 1. The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsis- tent with the general purpose and intent of the Plan. 2. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. 3. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. 4. Permitting a variance will. not -be contrary to the objectives of the Plan. No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare and to assure compliance with the purposes of the Plan. 3. 2. 5 (S 308) Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. t 1 • , SECTION 4. 0 (S400) PROPOSED REDEVELOPMENT ACTIONS The Agency proposes to eliminate blight in the Project Area by: 1. Acquisition of certain real property; 2. Site clearance and site preparation; 3 . Disposition of property for uses in accordance with this Plan. 4. Installation and construction of public improvements not under- taken by property owners or developers; 5. Other actions as appropriate and as authorized by the Redevelop- ment Law or any other law. 4 . 1 (S401) Property Acquisition 4. 1. 1 (S402) Acquisition of Real Property The Agency may acquire, but is not required to acquire, all real. property located in the Project Area except as specifically exempted herein by gift, devise, exchange, purchase, eminent .domain, or other lawful method. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order .to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area . The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it is trans- ferred to private ownership before the Agency completes land dis- position within the entire Project Area, unless the Agency and the private owner enter into a participation agreement that stipulates that the Agency shall not acquire the property, and the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee as to any interest in real property to be retained by a participant pursuant to a participation agreement. 4 . 1. 2 (5403) Acquisition of Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in -the Project Area by any lawful means including eminent domain. 4 . 2 (S404) Participation by Owners It is the intention of the Huntington Beach Redevelopment Agency to encourage and permit participation in the redevelopment of the Project Area by owners of real property within the boundaries of the Project Area to the maximum extent feasible and consistent with the adopted Redevelopment Plan. 4 . 2. 1 (5405) Opportunities for Owners Persons who are owners of real property in the Project Area shall be given the opportunity to participate in redevelopment of retain- ing all or a portion of their properties, * by acquiring adjacent or other properties in the Project Area, or by selling or relinquishing their interest in properties to the.Agency and purchasing other properties in the Project Area. In the event a participant fails or refuses to develop his real property pursuant to this plan or any agreements entered into with the Agency, the real property or any interest therein may be acquired by the Agency and sold or leased for development in accordance with this Plan . .4 .2. 2 (5406) Rules for Participation Opportunities, + Priorities and Preferences . The Agency may, consistent with objectives of this Plan, provide an opportunity to owners to participate in the growth and development of the Project Area, and shall promulgate rules for participation. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the participants . Some of the factors to be considered in establishing these priorities and prefer- ences should include length of time in the area, extent and nature of property interests, type of development proposed, and conformity of a participation proposal to the general intent and objectives of this Plan. In addition to opportunities for participation by -individual persons and firms, participation to the extent it is feasible shall be available for two or more persons,. firms or institutions, to join together in partnerships, corporations, or other joint entities. Participation opportunities shall necessarily be subject to and limited by such factors as the expansion and relocation of public facilities; elimination and changing of land uses; realignment and construction of streets, the need to assemble parcels into one owner- ' ship for development; and the ability of owners to finance acquisition and development in accordance with the Plan. 4 . 2. 3 (S407) Participation Agreements Each person desiring to become a participant may be required by the Agency to enter into a binding agreement with the Agency by which the participant agrees to develop or use the property in conformance with the Plan and. to be subject to the provisions hereof . In such agree- ments, participants shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. 4 .3 (5408) Building and Site Preparation The Agency is authorized to prepare or cause to be prepared as build- ing sites any real property in the Project Area owned by the Agency. 4 . 4 (S409) Property Disposition and Development 4 . 4 .1 (S410) Real Property Disposition and Development For the purpose of this Plan, the Agency is authorized to sell , lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by lease or sale without public bidding . All real property acquired by the Agency in the Project Area shall be sold or leased for development at prices which shall be not less than fair value for uses permitted in' accordance with the Plan, except that real property may be conveyed by the Agency to the City or any other public body without charge. The Agency shall reserve such powers and controls in the disposition And development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that development is carried out pursuant to this Plan. All purchasers or lessees of property shall be made obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time ..which the Agency fixes as reasonable, and to comply with other con- ditions which the Agency deems necessary to carry out the purposes of this Plan. 4 . 4 . 2 (S411) Purchase and Development by Participants Pursuant to the provisions of this Plan and the rules adopted by the Agency, the Agency shall offer real property in the Project Area for purchase and development to one or more owners of property in the Project Area prior to the time that real property is made available . for purchase and development by persons who are not owners in the Project Area. 4 .4 .2 (S411) Purchase and Development by Participants Pursuant to the provisions of this Plan and the rules adopted by the Agency, the Agency shall offer real property in the Project Area for purchase and development to owners prior to the time that real property is made available for purchase and development by persons who are not owners in the Project Area. 4 . 4 . 3 (S412) Purchase and Development Documents To provide adequate. safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, pro- visions of the zoning ordinance, conditional use permits, or other means . where appropriate, as determined by the Agency, such docu- ments or portions thereof shall be recorded in the Office. of the Recorder of the County. The leases, deed, contracts, agreements, and declarations of restrictions may contain restrictions, covenants running with the land, right of reverter, conditions subsequent, equitable servi- tudes, or any other provision necessary to carry out this Plan. All property in the Project Area sold, leased or conveyed by the Agency shall be made subject by appropriate documents to the restriction that there shall be no discrimination or segregation based upon sex, marital status, race, color, religion, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. In addition, such property shall be made subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as are required by law and that, if required by law, all such deeds, leases, and contracts shall be submitted to the Agency or the City Council for approval in regard to the inclusion of such clauses . Express provisions shall be included in all deeds, leases and con- tracts which the Agency proposes to enter into with respect to the salt, lease, sublease, transfer, use, occupancy, tenure, .or enjoy- ment of any land in a redevelopment project in substantially the following form: In deeds the following language shall appear -- "The grantee herein covenants by and for himself, his heirs, executors, administrators , and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person. or group of persons on account of sex, marital. status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer,, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or _ any person claiming under or through him,establish or permit -any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. " In leases the following language shall appear -- "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through him and this lease is made and accepted upon and subject to the following conditions : That there shall be no discrimination against or segregation of any person or group of persons, on account of sex, marital status, race, color, creed, religion, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him, establish. rr or permit any such practice or practices of discrimination or seg- regation with reference to the selection, location, number, use, or occupancy, or tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. " In contracts entered into by the Agency relating to the sale, trans- fer, or leasing of land or' any interest therein acquired by the Agency within any survey area or redevelopment project the fore- going provisions in substantially the forms set forth shall be included and such contracts shall further provide that the fore- going provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. All deeds, leases, and contracts for the sale or other disposition by the Agency of real property in the Project Area shall be sub- mitted to the City Council for approval or disapproval; provided, however, that such deeds, leases, and contracts need not be sub- mitted if the sale or other disposition has been by open com- petitive bid or if the sale is to a participant. If the City Council has not acted within thirty (30) days after submittal, such sale or other disposition shall be deemed approved. 4 . 4..4 (S413) Development During the period of development in the Project Area, the Agency shall insure that the provisions of this Plan and of other docu- ments formulated pursuant to this Plan are being observed, and that development in the Project Area is proceeding in accordance with development documents and time schedules. The Agency shall require that development plans be submitted to it for approval and architectural review. All development must conform to this Plan and all applicable State and local laws and must receive the approval of the appropriate public agencies. 4 .4 . 5 (S414) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber , or otherwise dispose of personal property. 4 . 5 (S415) Cooperation with Public Bodies Certain public bodies are authorized .by State law to aid and cooperate, with or without consideration, in the planning, under- taking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner participation. All development on property owned by public entities within the Project Area shall be subject to the prior architectural review and approval of the Agency. 4. 6 (S416) Property Management During such time as property in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the .Agency pending its disposition for redevelopment. 4 . 7 (S417) Payments to Taxing Agency This plan does not authorize any allocation of taxes to the Agency pursuant to Section 33670 of the Redevelopment Law. In any year during which it owns property in the Project Area, the Agency is authorized, but not required, to pay directly to any city, county, city and county, district, including but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been exempt, an amount. of money in lieu of taxes.. A proportionate share of any amount of money paid by the Agency to any city and county pursuant to the second paragraph of this Section shall be disbursed by the city and county to any school district with territory located within the Project Area in the city and county. "Proportionate share, " used in this Section, means the ratio of the school district tax rate, which is included in the total tax rate of the city and county to the total tax rate of the city and county. The Agency may also pay to any taxing agency with territory located within the Project Area (other than the City) , any amounts of money which, in the Agency' s determination is appropriate to alleviate any financial burden or detriment caused to such taxing agency by the Project. u 4 . 8 (S418) Replacement Housing Whenever dwelling units housing persons and families of low or mod- erate income are destroyed or removed from the low- and moderate- income housing market as part of a redevelopment project, the agency shall, within four years of such destruction or removal, rehabilitate develop, or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable rents within the Project Area or within the territorial jurisdiction of the Agency, in accordance with all of the provisions of Sections 33413 and 33413 .5 of the Redevelopment Law. r A SECTION 5. 0 (5500) METHODS OF FINANCING THE PROJECT All costs incurred by the Agency in preparing and implementing this plan shall be reimbursed by the developer participants as provided in duly executed Owner-Participation Agreements. Advances and loans for survey, planning, operating capital and nominal administration of this project have been and are to be pro- vided by the City until reimbursed according to the provisions of the Owner-Participation Agreements. Tax increment financing shall not be utilized in the implementation of this Plan. r r SECTION 6 . 0 (S600) ACTIONS BY THE CITY AND COMMUNITY COOPERATION The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to insure the con- 'tinued fulfillment .of this Plan and to prevent the recurrence or spread in the area of conditions- causing blight. Action by the City shall include, but not be limited to, the following: (A) Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modi- fications of the streets, the street layout, and other public .rights-of-way in the Project Area. (B) Institution and Completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project Area. (C) Revision of zoning and other applicable codes within the Pro- ject Area where necessary to permit the land uses and develop- ment authorized by this Plan. (D) Provision for administrative enforcement of this Plan by the City after development. The City and the Agency shall develop and provide for enforcement of a program for con- tinued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this plan. (E). Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. • (F) The undertaking and completing of any other proceedings necessary to carry out the Project.. (G) The City of Huntington Beach may finance activities of the Agency either through loans or grants. All monies expended by the City on behalf of the Agency shall, unless otherwise established at the time the expenditure .is made, be treated as loans to the Agency which shall be repaid to the City upon reimbursement by the developers as provided in the Owner Participation Agreement. Such loans shall be on terms _-__- established by the City and the Agency. 1 • , SECTION 7 . 0 (S700) ENFORCEMENT The administration and enforcement of this Plan, including the prep- aration and execution of any documents implementing the Plan, shall be performed by the City or the Agency. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation instituted by either the Agency or the City. Such remedies may include but are not limited to specific performance, damages, re-entry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the bene- fit of owners of property in the Project Area may be enforced by such owners. 7 .1 (5701) Role of the Redevelppment_ Commission The Redevelopment Commission may perform such functions of the Agency : under this plan as may be delegated to the Commission pursuant to the Redevelopment Law. SECTION 8 . 0 (S800) DURATION OF THIS PLAN Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective for 70 years from the date of , adoption of this Plan by the City Council. • Y • a,, VV SECTION 9. 0 (5900) PROCEDURE FOR AMENDMENT i This Plan may be amended by means of the procedure established in Sections .33450 - 33458 of the Redevelopment Law or by any other procedure hereafter established by law. i f s; � AFT ,FRA 2,vo,Pj P"o 0, Mo. I F/v�d 9,P'.0, PA I -rowww Ogg pop op 0 PA VA A WAo, p VIO ol NMI PA Pil 201,0-1 ro • vz,/,PA PRO 10, Proll ?,p Poo orlipl/plij, Far,� • , • • . • %// . • ADDENDUM TO WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PLAN S 311 - insert the word "Building" preceding "Permits" Add "#3 . 3. 3 (S 313) Development Permits No development . .permits.-shall__be required within. the Project Area provided- that all development has received approval through an Owner Participation Agreement which shall be in accordance with the C2 Zoning District standards of the Huntington Beach Ordinance Code. " Change remaining Section numbers in Chapter 3 . i __-J- I_ \ 1 , ` ����� ����.rT ��2�`�� N �i � � 7� s • • r 2. 0 ENVIRONMENTAL SETTING • 2 . 1 Natural Environmental Setting Huntington Beach is a metropolitan city and, as such, its environ- ment - both local and regional - is primarily an urban one. Even in this urban area, however, natural resources remain. The following sections reference the land, water, airs! biological, and cultural resources in the City. 2 . 1. 1 Land Resources A general description of the land resources in the City is • presented in Section 6. 4. 1 of the Land Use Element: Phase I1 and pdated in Section 6. 3 .2 . 1 of the Seismic Safety Element of the General Plan. Additional information is contained in the Conservation Potentials Report, 3 Sections 2 . 1 and 3. 0; Open Space Potentials Report, 4 , Sections 2 . 0, 3. 0, and 4. 0; Geotechnical Inputs,5 and Flood Hazard Study. 6 • 7 • • 2 . 1. 1. 1 Soils • An expansive clay hazard potential map has been prepared based upon the U. S. Department of Agriculture Soil Map (1919) . A qualitative rating system has been employed based upon the percent of clay size particles reported within the typical soil profiles of the upper six feet. • The hazard potential map indicates that the major deposits of clay having a MODERATE-TO-HIGH expansion potential are located within the inland areas of the northerly half of the City limits. The soils within this area are primarily clays, clay loams, and clay adobe with percentages of clay size particles ranging from about 20 to 42 percent. The Project Area falls into this category of clay deposits. Expansive clay soils can cause serious demanage to lightly loaded structures , pavements, driveways, sidewalks, canal • linings, etc. , due to volumetric changes associated with increases or decreases in moisture content. Soil engineers can identify potentially expansive clay soils by means of laboratory tests. Therefore, it is important that private geotechnical consultants be employed to evaluate the problem and make proper design recommendations for individ- ual structures. The Project Area generally consists of recent alluevium deposits with chino clay loams dominant. Approximatley one acre in the northeast corner of the site contains peat deposits ranging from . 5 to 5 .feet in thickness. The • depth is unknown. 2. 1. 1. 2 Geology The location and activity of the Newport-Inglewood Struc- tural Zone throughout the recent geologic past has been one of the dominant controlling factors in the evolution of almost every aspect of the geologic environment in the City of Huntington Beach. Its influence has been prominent in the following areas: (1) local seismicity and earthquake hazards, (2) local • bedrock deformation and petroleum accumulation, (3) dis- tribution of earth units, (4) groundwater conditions, and (5) . landform evolution. Primarily as a result of the intensive petroleum explora- tion effort within the City, subsurface geologic conditions • are well known in their general aspects down to depths of about 10, 000 feet. Structurally, the sedimentary bedrock 8 • • beneath the City can he divided into three different regions: (1) a relatively simple faulted offshore anti- cline, (2) a complexly folded and faulted central portion (the Newport-Inglewood Structural Zone) , and (3) a rela- tively undeformed northeasterly dipping flank on the north- east side of the Newport-Inglewood Structural Zone. The Project Area would fall into the third region. 2 . 1. 1. 3 Seismicity A considerable amount of investigation has been conducted • by various agencies with regard to understanding the basic nature of the Newport-Inglewood Structural Zone. Laboratory,- seismic, subsurface and surface investigations have led to the classification of the zone as an area of "wrench faulting" or "wrench tectonics. " A wrench fault system in a geologically youthful stage of development is • characterized by a relatively. wide fault zone (commonly greater than one mile in width) with individual faults presenting a highly complex pattern of distribution and activity. One key feature of a "youthful" wrench fault system is the lack of any one, continuous, through-going fault on which all displacement and activity may be expected to occur (such as with the well-known San Andreas Fault) . Rather, stress relief is accomplished by correspondingly smaller movement on any number of the relatively short, discontinuous and "intertwined" faults characteristic of wrench fault systems. • The term "Newport-Inglewood Structural Zone" applied to the complex elongated zone of folds and faults present in the sedimentary bedrock beneath the Los Angeles-Orange -County coastal plain. The localization of the structural zone in this area is thought to be due to the presence of a master fault in the crystalline basement rock that underlies the • sedimentary bedrock of the Los Angeles Basin. Movement on this master fault has placed continuing stress- on the over- lying sedimentary bedrock, which has responded by folding and rupturing in the complex "wrench" pattern discussed above. • Faults within the City of Huntington Beach determined to be geologically active and expected to be associated with ground rupture at some time in the future are the North Branch, Bolsa-Fairview, and South Branch Faults. The Project Area is located about one mile north of the Bolsa- Fairview Fault. 9 2. 1. 1. 4 Topography • Elevations within the Project Area vary from 10 to 15 feet above sea level. A considerable portion of the City is less than 10 . feet above sea level, and some areas are below sea level. The Project Area lies in a flood hazard zone and would be subject to flooding. There is an Orange County Flood Control Channel located adjacent and northerly of the Project- Area. 2. 1. 2 Water Resources A general description of the water resources in the City is presented in Section 6. 4. 2 of the Land Use Element: Phase 17 (as modified by 'EIR' addendum #10, December 7, 1973) and updated in Section 6. 3. 2 .2 of the Seismic-Safety - Element$ of the General Plan. Additional information is cited in the Conservation Potentials Re ort, 9 Sections 2. 2 and 3. 0; Open Space Potentials,lu Sections 2 . 1. 1, 2 . 4. 2 , • and 4. 0; Flood Hazard Study; 11 and Fire Hazard/Fire Pro- tection Stuqy,12 Section 3. 3. 2. 1. 2. 1 Surface Water Surface water generated within the Project Area tends to • flow towards the center of the site due to a swale bisecting the property with some surface water draining into the Orange County Flood Control Channel which is located ad- jacent and north of the area. 2. 1. 2 . 2 Groundwater Conditions In 1973, the groundwater level was approximately 5 to 1.0 feet beneath the surface in the Project Area, according to the Orange County Water District, 1974 Engineers Report on Ground Water Conditions, Water Supply, and Basin Utili- zation in the Orange County Water District, pp. 13 , 14 . 2. 1. 2. 3 Santa Ana River Flood Plain The Project Area (10 to 15 feet above sea level) is subject to flooding from the 100- and 200-year storms. Depth of flood water in the 100- and 200-year storms is approximated at 2 and 3 feet respectively. The United States Army Corps of Engineers has proposed a plan which would make the City (and all of Orange County) flood safe from the 200-year storm. It will be several years before the Corps project can mitigate flood potential, • however. 10 • • 2. 1. 3 Air ResourcE•s A general dE+scription of the air resources in the City is presented in Section 6. 4. 3 of the Land Use Element: Phase 113 and updated in Section 6. 3. 2 . 3 of the Seismic- Safety Element.14 Additional discussion of air resources is presentedAn the Conservation Potentials Report, Section 2. 3. 2. 1. 3. 1 Climate The Southern California .coastal area is classed as a mari- time climate, which consists of mild sunny winters with occasional rain and warm dry summers. Orange County climate is essentially semi-arid with an average rainfall of approximately 14 inches per year falling over about 35 days usually between December and March. Winters are mild • and summers experience highs of about 680F along the shoreline and 750F just inland from the coast. 2 . 1. 3. 2 Air Quality Air pollution differs by area depending on human activity • and natural features. As a. rule, though, the three major sources are motor vehicles, electrical generating plants, and industry. The major culprit is the private automobile which accounts for 90. percent of all emissions. Stationary sources, like the Edison generating plant, and industries such as petroleum, metallurgy and solvents, contribute • less to the overall pollution problem and are easier to detect and control. The South Coast Air Basin, which includes Huntington Beach, is a critical air area. Huntington Beach is fortunate, however, in that it does not suffer the effects of air • pollution to the degree experienced by most other southland communities. Several factors are responsible - degree of urban activity, local meteorology, local topography. Daily sea breezes along the coast clear the skies by sweeping pollutants inland; the City' s relatively flat topography offers little resistance to the cleansing action. • The Orange County .Air Pollution Control District has no monitoring stations within the City so actual air quality ratings are unavailable. In nearby Costa Mesa where re- cordings are taken, air samples are generally of higher quality than from communities farther inland. Therefore, • though the City is not "free of aerial contamination, the problem in riot severe. 11 Un • • 1 ■ i 2 . 1. 4 Biological Resources • A general description of the biological resources in the City isl$resented in Section 6. 4. 4 of the Land Use Element: Phase I and updated in Section 6. 3. 2. 4 of the Seismic Safety Element.17 Additional discussion and species listings are available in the Conservation Potentials Report, • Section 2 . 4. 18 Biological resources in the Project Area would consist of miscellaneous plant and animal species which are basically found in oil fields and vacant parcels. Avifauna, or birds, are the most significant wildlife populations within the City. Two native species -- the light-footed clapper rail and the least tern -- are consid- ered endangered and face extinction. Other endangered or rare species common to this coastal area include the brown pelican, the California clapper rail, and the California •: black rail. 2. 1. 5 Cultural Resources A description of the cultural resources in the City is presented in Section 6. 3. 2. 5 of the Seismic-Safety Element19 • of the General Plan. Additional information is cited in Conservation Potentials Report, 20 Section 2. 5 , Open Space Potentials,21 Section 2.1. 5, 2 . 1. 6, and 2. 3; and Scientific Resources Survey and Inventory. 22 A scientific resources survey of Huntington Beach conducted by- Archeological Research, Inc., found an archeological site (ORA 346) located within and easterly of the Project Area. About two-thirds of the site has been destroyed. The undestroyed portion lies within the Project Area. There are no cultural or historical sites within the Project • Area. 2. 1. 6 Recreation Recreation areas are vital as both natural and recreational assets. The City' s 2. 2 miles of public beaches are used by thousands of people each month. The City' s Department of Harbors and Beaches estimates that in 1974 , 3. 9 million people visited the City beach, the pier, the County beach, and Huntington Harbour. Only 17% of the visitors in 1974 were from Huntington Beach: 12 AUMLA Murdy Community Park is located northerly (across the Orange County Flood Control Channel) from the Project Area and contains approximately 14. 6 acres. 2 . 2 Urban Environmental Setting This Section addresses the urban or manmade environmental setting. The major topics covered are: (1) land use, (2) circulation, (3) public services, (4) utilities, (5) population, (6) noise, and (7) socio-economics. • 2. 2. 1 Land Use The Redevelopment Project Area consists of approximately 15. 2 gross acres of vacant land. The General Plan Land Use Map designates the Project Area for general commercial development. The Project Area is presently zoned Resi- dential Agricultural District (RA) . Existing land use designations which are in conformance with the City' s General Plan are: open space and medium density residential to the north; medium and high density residential and general industrial to the northeast and east respectively; public, quasi public, institutional and general industrial to the south and southeast; general commercial, low and high density residential to the south- west; and general commercial, low and medium density resi- dential to the west and northwest. 2. 2. 2 Circulation A general description of existing circulation in the City is presented in Section 2 . 3 of the Land Use Element: Phase 123 and updated in the Circulation Element Background Report 24 and The General Plan for the City of Huntington Beach. �5 The Circulation Plan of Arterial Streets and Highways of the General. Plan designates Warner Avenue as a major arterial with a street capacity of 45, 000 vehicles (ADT) ; Goldenwest Street is designated as a primary arterial with a street capacity of 30, 000 vehicles (ADT) . According to the Public Works Traffic Division, existing traffic counts on both streets are: Warner Avenue 28 , 700 ADT Goldenwest Street 31, 900 ADT i J13 2. 2. 3 Public Services A. Police Service Police protection for the City is provided .from one station. This station is located in the south central section of the City at Main Street a_ __and Yorktown Avenue_ ._ The present level of police manning is about 1. 14 officers per 1, 000 persons (June, 1976) . B. Fire Protection Huntington Beach maintains' seven fire stations to provide fire protection to the City. The manning rate is approximately one fireman per 1, 120 persons. C. Schools • The following school districts provide educational services for the City of Huntington Beach. Elementary Huntington Beach City • Ocean View Fountain Valley Westminster Seal Beach High School • Huntington Beach Union College Coast Community • The public school system is supplemented by several private schools, most of which are parochial. At present, the Huntington Beach school system could withstand an increase in school children population • of 3 , 385. The increase in total City population relatin to this increase in school population would be 13 , 586.�6 D. Library Service • The Huntington Beach Central Library is located on Talbert Avenue east of Goldenwest Street. Three 14Inp S • • • supporting library annexes are located at 9281 Banning Street, the corner of Edinger Avenue and Graham Street, and at 525 Main Street. An annex has a service area of lh to 2 miles. • E. Hospital Service There are two hospitals located within the City. Both Pacifica Hospital (located on Delaware Street north of Garfield Avenue) and Huntington Intercommunity Hospital (located at Beach Boulevard and Talbert Avenue) provide 24-hour emergency service. F. Parks and Beaches The City of Huntington Beach contains 350 acres of parks. • Acres Neighborhood 123 Community 56 Regional 171 TOTAL 350 acres Huntington Beach also contains 315 acres of beach, with an additional 36 acres abutting the City' s north- west corner, Sunset Beach, under County jurisdiction. • For further information on all City parks and beaches, refer to the Open Space and Conservation Element Background Report, Section 5. 0, the Conservation Potentials Report, 28 Section 2 . 5, and the Open Space Potentials Report,29 Section 2. 0. 2.. 2 . 4 Utilities A. Natural Gas The Southern California Gas Company supplies natural • gas to the City of Huntington Beach. Yearly consump- tion rates for commercial uses are 250, 000 cu.ft./acre.30 Current natural gas usage in the City is estiMated at 6 billion cu.ft. per year. • B. Electricity The Southern California Edison Company provides elec- tricity to the City of Huntington Beach. The following 15 FF annual consumption rat e3� assumed for commercial uses are 500, 000 kwh/gr .ac. Current usage of electricity in the City is estimated at 612 million kwh per year. C. Sewer Sewer service is contracted for through the City as a member of the Orange County Sanitation District. Assuming an overall generation rate of 130 gal/person/ day, 32 current sewage production in the City is estimated at 25. 8 million gallons per day or 9. 4 billion gallons per year. = D. Solid Waste Solid waste pick-up in Huntington Beach is provided by the Rainbow Disposal Company. After collection, the trash is delivered to the Orange County Transfer Station on Gothard Street. near Huntington Central Park. The trash is then transferred to larger trucks and hauled to the Coyote Canyon -landfill site. The following generation 5ites assumed for commercial uses are 75 lbs/ac/day. Current solid waste generation in the City is estimated at 488 tons per day or 178 , 000 tons per year. E. Water The City of Huntington Beach provides water to its residents. A cgipumption rate of 160 gallons/person/ day is assumed. Current usage in the City is estimated at 25. 8 million gal/day or 9. 4 billion gallons per year. 2 . 2. 5 Population The population of Huntington Beach is 157 , 800 (January, 1977) . The current growth rate is less than 3 percent and is likely to be less than 2 percent in the future. This represents a decrease over previous years, down from 22 percent in the 1960' s when growth in Huntington Beach was explosive. The City' s median age is 26 years. Recent data indicates the median age is increasing however, because senior citizens are making up an increasingly larger share of the popula��'on. (See the Population Growth Element Background Report for further information.) 16 i • • 2. 2. 6 Noise Noise sources in Huntington Beach are: highways and free- ways, railroads, airport and helicopter operations, resi- dential/institutional sources, and oil pumping operations. Noise contours showing existing noise levels for major transportation elements are presented in the Noise Element Background Report. 36 The major noise source near the Project Area is highway traffic on Warner and Goldenwest. Using the noise contours together with the maximum noise levels presented in the Noise Element, potentially noise- sensitive areas in Huntington Beach can be determined. Random noise sources are tested separately from constant noise sources like vehicle traffic and railroad and air- craft operations. A field measurement survey conducted by • Wyle Laboratories found that trucks on arterial highways are responsible for the highest noise exposures in Huntington Beach. Sources producing the lowest noise levels were typically found in residential areas away from arterials, residential areas near arterials but with barrier walls, and in school areas. Generally, the single event • noise intrusions observed in Huntington Beach fell within the "acceptable" noise criteria levels. 37 2. 2. 7 Socio-Economic Characteristics Because Huntington Beach is one of the newer residential • communities in Orange County, it has attracted a mobile, affluent, and relatively young population. According to estimates for January, 1976, the median family income for Huntington Beach residents is $16,276. 38 For those households reporting incomes in the 1973 Special Census, the median - incomes by family size are as follows : One member $ 8 ,517 Two members 12, 945 Three members 14, 399 Four members 14, 941 Five members 16, 658 Six or more 15, 614 The United States Department of Housing and Urban Develop- ment uses the following criteria for classifying low and very low income households: (1) A family is low income if its annual income .is less than 80 percent of the median income for that area as adjusted for family size. 17 • • (2) A family is very low income if its annual income is less than 50 percent of the median income of that area as adjusted for family size. From estimates of 1976 households incomes based on 1975 SCAG estimtes, 13,303 households or twenty-five (25) percent of all households in Huntington Beach are classified as low income. Of these households, 6,283 families or 12 percent can be classified as very low income. • • • • • • • 18 • • • • • 3 . 0 ENVIRONMENTAL IMPACTS & MITIGATING MEASURES • 3 . 1 Land Resources 3 . 1 . 1 Land Use The total effect of the Warner-Goldenwest Small Lot Re- development Project Area will be to utilize redevelopment law in order to provide through land acquisition suitable sized parcels of land for development. The Project Area is plagued with substandard sized lots which are commonly referred to as "encyclopedia lots. " • It is due to these substandard lots and a multitude of fragmented property ownership that has prevented the vacant 15 acre site from experiencing any type of development. The proposed commercial land use will improve the compat- ibility of the area with surrounding land uses over the long-term. Short-term conflicts may occur during the phased construction of commercial buildings on the site. The site is projected to contain approximately 210, 500 square feet of community-oriented shops and stores . The redevelopment project to consolidate lots will make possible the transformation from vacant to commercial uses . • However, such a -change will be in conformance with the City' General Plan which designates the site general commercial. AWL 19 • 3 . 1. 2 Topography Topography within the Project Area varies from level to rolling with elevations ranging from 10 ft. to 15 ft. above sea level. Grading activity and land fill will modify the topography in order to accommodate development having access from Warner Avenue and Goldenwest Street. The high east end will be modified to fill the low lying west two-thirds of the site. Average depth is still estimated to be two feet after such cut and fill, requiring an additional 49 , 000 cubic yards of imported material. The City' s natural blufflines, as shown on Figure 2-13 of the . Open Space Potentials background report to the General Plan, will not be affected. Measures to mitigate erosion and resulting siltation focus either on prevention of sediment removal from exposed surfaces, or trapping sediment that has been removed. Pre- • vention of sediment removal can be accomplished by the immediate planting of exposed cut and fill slopes with grass or ground cover plants. Proper planting, fertili- zation and irrigation is necessary, of course, to ensure the growth of a healthy plant cover. Further methods of siltation control include the use of desilting basins, and • the limitation of grading in sensitive areas to months when rainfall is light. 3 . 1. 3 Soils The Project Area contains expansive clay soils. An ex- • pansive clay hazard potential map has been prepared based upon the U. S. Department of Agricultural Soil Map (1919) . This soil map indicates the Project Area contains 20% to 40% of clay size particles reported .within the typical soil profiles of the upper six feet. These percentages of deposits of clay are considered to be moderate to high and • generally located in the inland areas of the northerly half of the City. The types of soil within the Project Area is primarily chino clay loam. Expansive clay soils have the potential to cause serious damage to lightly loaded structures, pavements, driveways, • sidewalks, etc. , due to changes in moisture content. To mitigate the potential hazard associated with expansive soils, soil engineers should be employed by the developer. to evaluate the problems and make proper design recommendations for individual structures . 20 • • Peat and organic soils to varying depths are located throughout the City. The Geotechnical Inputs Report (February 1974) indicates that the Project. Area contains peat deposits ranging from . 5 to 5 feet in thickness . The deposits cover an approximate area of one acre in the north.- • east corner of the site. The depth of the peat deposits is unknown. The peat deposit represents an area where long- term .and large settlement may occur and where, during major earthquakes, potential liquefaction of sub-soil and ground shaking may be anticipated. To mitigate the potential hazard, soils samples and borings' should be performed for • any development or structure to be located within or near this area. 3 . 1. 4 Geologic Considerations Active faults within the City of Huntington Beach, known • specifically as the North Branch, Bolsa-Fairview and South Branch Faults, are all contained within the Newport- Inglewood Structural Zone. This fault zone enters the City in the Huntington Harbour area and extends in a south- easterly direction. • Under the Alquist-Priolo Geologic Hazard Zones Act, Special Study Zones have been established within Huntington Beach. The General Plan for the City of Huntington Beach, Dec- ember 1976, details these special Study Zones on page 29 and sets forth guiding criteria. The Project Area is not directly affected by. the Special Study Zone. However, the • City ' s Department of Building and Community Development requires either an engineering geologist' s analysis of construction sites or that buildings for human occupancy be designed to resist a seismic force equal to .186 gravity. These requirements are imposed for all dis- cretionary acts. Loss of life and structural damage is • thereby. reduced. 3 . 2 Water Resources 3 . 2. 1 Regional Flood Hazard • The Project Area is subject to flooding in the 100- and 200-year storms . A program to minimize danger from flood- ing was adopted by the City Council in October, 1974 , as part of the Seismic-Safety Element (refer to Section 5. 2 in the Seismic-Safety Element, Huntington Beach Planning Department . Further, as a participant in the Federal • Insurance Program, Huntington Beach flood hazards are governed by the regulations imposed by the Federal Insurance Administration. 21 • Certain steps are also being taken to eliminate the flood hazard posed by the Santa Ana River. The United States Army Corps of Engineers has proposed a plan that would make the City (and all of Orange County) flood safe from the 200-year storm. It will be several years before the project can mitigate flood potential, however. In the meantime, development of flood hazard areas will be regulated by the programs for flood hazard abatement in the adopted Seismic:-Safety Element. 3 . 2 . 2 Local Drainage and Groundwater In terms of the flooding potential from local channels, the • Project Area would be subject to local surface drainage problems during heavy rains or storms in excess of the 25-year. Commercial development of the site will result in decreased ground percolation and increased surface runoff . Under 25-year storm conditions, full development according to the tentative development plan would increase storm runoff by approximately 12 .4 cubic feet per second above that generated by vacant acreage without the -Redevelopment Plan. Under these conditions, the City' s Public Works Department indicates that local surface drainage can be accommodated by existing and proposed drainage facilities. Runoff would be directed by gravity flow to the Orange County Flood Control District CO5 Channel (Wintersburg Channel) north of the site. Final storm water disposal would be through the outer Bolsa Bay to the Pacific Ocean. Runoff is characteristically of poor quality and can adversely affect surface water. It is probable that runoff from development will flow into portions of the Bolsa Chica wildlife preserve and the ocean. Primary. pollutants would include vehicle hydrocarbons, greases, oil, rubber, plastics, asbestos, paint, industrial metal fragments from paved surfaces, and fertilizers and pesticides from land- scaped areas. Control of urban runoff and its impact on regional water quality is still in the elementary stages. At present, the only effective mitigation measure is to. process such runoff in a sewage treatment facility. Groundwater level is very important in a coastal city like Huntington Beach (subject to salt water intrusion) which relies on groundwater as a major source of domestic water. The amount of percolation will be reduced by commercial 22 development under. the Redevelopment Plan.. Less perco- lation will mean decrE:ased fresh groundwater storage and possible increased salt water intrusion. 3 . 3 Biological .Resources Development of the Project Area will have minimal impact upon vegetation and wildlife in this area. The vacant site is void of trees but has native vegetation consisting of low growing weeds. The biological environment, including the displacement or elimination of wildlife species will ex- perience minimal .adverse effect due to development of the Project Area under the General Plan land use designation. These effects can be mitigated through landscaping re- quirements when the site is developed. 3 . 4 Cultural Resources The Project Area recommended for change has been identified by archaeological Research, Inc . , as having an archaeologically significant site (ORA 346) although two-thirds of the site has been destroyed. It is resommended that a qualified archaeologist suf- ficiently clear construction areas of archaeological data prior to any grading for development. An archaeologist should also be present during all phases of grubbing and grading . If significant data are discovered during grading, the machinery should be diverted until adequate salvage is performed. 3 . 5 Transportation/Circulation The area of concern being considered in the redevelopment plan lies adjacent to existing arterial streets, Warner Avenue and Goldenwest Street. Sections of these two streets especially adjacent to the Project Area will need improvements. The improvements would occur in conjunction with development of the site and as vehicular traffic in- creases in other portions of these streets . According to the City ' s Public Works Traffic Division, Warner Avenue has an existing average daily traffic (ADT) based on a 24 hour period of time, of 28 ,700 trips; and Goldenwest Street has 31, 900 (ADT) trips. The proposed change, based upon the General Plan land use designation, will result in an additional amount of trips generatedJ each of these two streets . Using the formula that wou generate the greater number of trip ends to the Projec Area (40 trip ends (TE) per 1000 sq. ft. of building a 1 ' it is estimated that Warner Avenue would experience an additional 5600 (TE) while Goldenwest Street would experience an additional 2800 (TE). per day. This change in land use will result in increased congestion, air pollutants and noise along the. arterial street system. The bulk of the increased traffic will occur on Warner Avenue and Goldenwest Street as these two arterials would be the only streets by which the anticipated resident/ consumer from within the primary market area could travel to the Project Area. A report prepared by MIS, Inc . , of San Diego on the "Sales Estimation for Proposed Supermarket and superdrug, Warner Avenue and Goldenwest Street" for the Project Area determined the primary market area or trade area to be within a two mile radius of the site. • The Public Works Traffic Division has suggested consideration of a future traffic signal on Warner Avenue equidistant between Goldenwest and Gothard Streets. This recommendation was discussed in a memo (August 11, 1975) in reviewing the Ocean View High School EIR for a high school presently located on. the south side of Warner Avenue between Golden- • west and Gothard Streets. Public Works felt that when the vacant property (Project Area) at the northeast corner of Warner Avenue and Golden- west Street developed, sufficient traffic would be generated. by both sites to warrant a traffic signal. According to • the preliminary site plan submitted by Business Properties, Incorporated, the shopping center will contain one access point on Goldenwest Street and two on Warner Avenue. It is suggested that access from Warner Avenue conform to the signal recommendations from the Public Works Department. • 3 . 6 Air Resources In the construction phase of the project there will be a temporary increase in air pollution from the site. Vehicle emissions from construction activity will increase slightly in a regional context, and may constitute a nuisance to • local residential, commercial, and school developments near the Project Area. Dust from grading activity and asphalt odors from new paving will also represent temporary air emissions in vicinity of the site. The control of short-term construction activities is pro- vided for by the City of Huntington Beach by local ordinances and on-the-site inspection. Requirements include the fol- 24 ALL • • I lowing: control of dust by watering, control of smoke and exhaust emissions by up-to-date anti-pollution equipment, and prohibiting trash burning at the site. Figure 3-1 summarizes air pollutants generated by existing vacant land without redevelopment and ultimate commercial use under the Redevelopment Plan. ' Emissions from stationary and mobile sources are provided for current vacant land and future development. For mobile sources, 1980 emission 'factors are used. The summary indicates that full develop- ment of the Project Area will yield a net emission gain to the South Coast Air Basin of . 56 tons per day. Although development in accordance with the Redevelopment Plan will not substantially affect regional air quality, its effect must be considered as an increment in the cumulative de- gradation of the South Coast Air Basin. FIGURE 3-1 POTENTIAL GENERATION OF AIR POLLUTANTS Existing Vacant Land Proposed Commercial Uses (Tons/Day) (Tons/Day) • Pollutant Stationary Mobile Total Stationary Mobile Total Carbon 0 0 0 0 .31 .31 Monoxide Hydrocarbons 0 0 0 0 .02 .02 Nitrogen 0 0 0 .15 .04 .19 Oxides Particulate 0 0 0 .02 .01 .03 Sulfur Oxides 0 0 0 0 .01 .01 TOTAL 0 0 0 .17 .39 .56 3 .7 Noise An overall increase in general noise levels near the site may be expected due to the presence of heavy equipment during the construction .pocess. Typical ranges of noise • levels at construction sites with a 50 dBA ambient are shown in Figure 3-2. 25 1 • � FIGURE 3-2 Noise Level Associat7With the Constructing of Stores, Service Stations, Industrial, Activity Parking, etc. I II* Ground 84 83 Leq dB(A) Cleaning 9 16 Standard Deviation Excavation 89 71 Leq dB(A) 6 2 Standard -Deviation • Foundations 77 77 Leq dB(A) 4 5 Standard Deviation Erection 84 72 Leq dB(A) 9 7 Standard Deviation Finishing 89 74 Leq dB(A) • 7 10 Standard Deviation * I-All pertinent equipment present at site. II-Minimum required equipment present at site The data above assumes that the loudest piece of equipment • is 50 feet away and the second loudest is 200 feet away. Since the site is well away from neighboring residences and since this noise is of short-term duration, these levels are not considered significant. • The noise impacts to be experienced at the Project Area are typical of the sound disturbances experienced in an urban environment. Generally . the sounds from automobiles, trucks , and motorcycles cause the greatest disturbances . Land uses adjacent to the heavier travelled arterial streets will • experience a greater amount of noise intrustion. . The Noise Element Background Report presents noise contours for use on City' s arterial street system and indicates specific areas of noise impacts. (Noise Element Background Report, pages 64, 65. ) . Some of the noise produced on the streets adjacent to and • servicing the site will be caused by traffic which is site-related. The noise levels in immediate vicinity of the site may be expected to increase by about .6 dBA along Warner Avenue (from 67 dBA to 67. 6 dBA at 100 feet from right-of-way edge, L50) and by .2 dBA along Goldenwest • Street (from 67 . 5 dBA to 67 .7 dBA at 100 feet from right-of-way edge, L50) due to site generated traffic. 26 • r I _ The General Plan Noise Element provides suggested methods for minimizing the noise impacts upon City land uses caused. by vehicular traffic along the arterial streets and highways . Included in these suggestions are: . Local reduction of traffic noise through operation modifications (e.g. , revise flow control methods, rerout- ing of traffic) . Outside to inside noise reduction for dwellings through modifications to improve sound insulation (e.g. , minimize "sound leaks" around doors, windows and vents; replace "acoustically weak" components; structurally improve weak walls and roofs) 3 . 8 Public Services i 3. 8 .1 Police Service The Police Department operates from one police facility located in the south central section of the City near Main Street and Mansion Avenue. The present level of police manning is approximately 1.14 officers per 1000 persons . The proposed change in land use would result in a net in- creased population of 3 ,342. Police levels would have to be increased by two officers to provide adequate pro- tection to the new residents. On-site security protection could minimize the increased i demand on the Police Department. Future development should conform to the California Attorney General' s security pro- visions. 3 .8 . 2' Fire Protection Of prime importance to the adequacy of fire protection coverage is response time, which is basically a function of the distance from the . fire station to the incident lo- cation and the average speed of travel by fire apparatus . Fire stations should be located to provide an average i response. time of five minutes or less in 90 percent of the incidents.. The Project Area would be located within this response limit and can be adequately .serviced. Manpower is a secondary factor in fire protection coverage because manning practices are normally based on the City' s financial capability rather than the fire hazard potential . 27 3. 8 . 3 Schools The proposed land use changes in the Warner-Goldenwest Small Lot Redevelopment Project Area will not generate ad- ditional students within the local school districts. How- ever, new property tax revenues will be generated to miti- gate the growing enrollment costs from residential areas. 3 . 8 . 4 Recreation and parks Murdy Park is located north of the Project Area and sepa- rated by the O.C.F.C.D. channel. This park presently serves the needs of the immediate neighborhood. No impact is ex- pected on this facility. 3 . 8 . 5 Hospitals Local hospitals can adequately serve the population at the proposed shopping center. There are two hospitals in the City of Huntington Beach which serve the City' s population. An estimated 2, 500 people are served by Huntington Intercommunity Hospital i-n some capacity every month. . Pacifica Hospital serves an estimated 350 people every month. Both hospitals are centrally located. Given the wide range of services of- fered at the two hospitals, there should be no problem pro- viding health care to residents of Huntington Beach and users of the proposed shopping center. 3 . 9 Utilities 3 . 9 .1 Energy Utilities The proposed shopping center will increase the consumption of natural gas in the Project Area by approximately 2 . 5 million cubic feet per year. Gas service is generally provided as a normal extension of existing facilities . However, the availability of natural gas service is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern • California Gas Company is under the jurisdiction of the California Public Utilities Commission. Federal regu- latory agencies can- also affect gas supply. Should these agencies take any action which affects gas supply or the conditions under which service is available, gas service will be provided according to the revised conditions . 28 The proposed shopping .3enter increases the annual consumption of electricity by 4 .1 million kilowatt hours. The Southern California Edison Company has indicated that electrical load requirements can be met through the next several years provided that electrical demand does not exceed estimates and there are no unexpected outages to major sources of electrical supply. The total demand is expected to continue to increase annually. If Edison' s plans - to proceed with future construction of new generating facilities continue to be delayed, the ability to serve customer loads could become marginal by 1981. The following energy conservation measures are recommended for new structures : 1. Open gas lighting , should not be used in public or private buildings . 2 . Electric lights should be strategically placed to maximize their efficiency. Their size and power con- sumption should be minimized as much as possible. a 3 . Electrical heating in public and private structures should be discouraged. Solar-assisted heating systems should be encouraged. 4. Reflecting and/or insulating glass should be used in structures where windows are not shaded by exterior architectural projections or mature plants. 3 . 9 .2 Sewer and Water Sewer and water service are generally provided as a normal extension of existing facilities. The Orange County Sanitation District' s master plan outlining ultimate land uses and flow coefficients for Huntington Beach approxi- mates the proposed intensity of land uses under the Land Use Element and the Redevelopment Plan. The City' s Public Works Department foresees no problems with City water production capabilities in providing local sewer and water service. . Existing lines would be adequate to serve the new development. The following water conservation measures are recommended for the community at _large and individual structures where �► appropriate. 29 1. Reduce evaporation from reservoirs by encouraging underground storage or coating water surfaces with evaporation hindering films or substances . 2. Encourage tertiary treatment of and reuse of the return flow of public water supplies wherever such use is acceptable and safe. 3 . Discourage development in areas where air conditioning may be used frequently and for' long periods. 4. Land use planning should be sensitive to the underground water level and not produce greater demand on the' under- ground water supply than is available. 5. Waterspreading where appropriate should be encouraged in order to recharge the underground water supply. 6. Metering of water can stimulate more economical use and encourage repair- of leaky connections . 7 . Toilets are commonly over designed and use more water than necessary. Consumption can be reduced by intro- ducing appropriate modifications to toilets. . 3 . 9 .3 Solid Waste Disposal The proposed shopping center will increase overall solid waste generation by 205 tons per year. The Rainbow Disposal Company, who provides trash collection to the City of Huntington Beach, foresees no local service " constraints. Orange County Refuse Disposal indicates that the refuse transfer station in Huntington Beach will operate indefinitely. The Coyote Canyon landfill site is projected to reach capacity during 1981, but several re- placement sites will begin operation at that time in accordance with the Orange County Solid Waste Management Plan. 3 . 10 Human Habitat i 3 . 10 . 1 Population Intensity , The General Plan Land Use Element maintains the Project Area to be developed with commercial uses . At full de- velopment according to the proposed Redevelopment Plan, the Project Area will contain approximately 210 , 456 square feet 30 now tja � • 1 � � f of commercial building space. The market study conducted by Marketing Information Systems, Incorporated, shows that the proposed shopping center within the Project Area will service a defined market area containing approximately 84 ,700 persons. Population within one and two miles of the proposed location is about 29,700 and 76 ,200, respectively. The shopping center will attract about 13, 200 customers or 15 percent of the total community population within the defined service area. Increased commercial intensity in vicinity of Warner Avenue and Goldenwest Street will in- crementally affect traffic, noise, air quality, demand on • public services and utilities. The impacts associated with these changes as well as mitigation measures necessary to deal with the impacts are detailed throughout Section 3 .0. 3 .10 . 2 Aesthetics The rolling topography within the Project Area has some aesthetic value in its open space appearance. Redevelopment would allow the site to develop to its intended commercial use. Such a development would be architecturally consistent with shopping centers west of Goldenwest Street. However, only subjective opinion. can determine whether such a • development is more visually pleasing than the site ' s existing open space. 3 . 10 . 3 Acquisition/Relocation/Demolition Acquisition of all of the existing lots would be necessary • in order to provide a site suitable for developing a com- mercial project that would be in conformance with existing City Codes and regulations, and good planning practices . However, the impact of the Redevelopment Agency acquiring lots will result in displacing all holdout property owners . All property owners, however, will receive the fair market • value for their land in conformance with the California Community Redevelopment Law. Fair market value would be determined by non-city appraisers and the Agency cannot offe a property owner less than what .the appraiser has determined the property' s value to be. Property owners will be en- couraged and given an opportunity to participate in the de- velopment of their properties . Relocation of residents and businesses, and demolition of structures will not be required as the Project Area consists of vacant land. • 3J. to � � 1 0 3 . 11 Economic Considerations 3 . 11. 1 Financing Tax increment financing as permitted by the California Community Redevelopment Law will not be utilized to finance or sell bonds to assist in the development of the Project Area. Development of the proposed shopping center will utilize private funds from the developer. No impact is expected with regard to financing. 3. 11. 2 Cost Revenue Analysis , This section details the fiscal costs and benefits of the Warner-Goldenwest Small Lot Redevelopment Project Area. The economic analysis is based on a special study by Plan- ning Department staff entitled the 1976 Revenue/Expenditure Analysis of Land Uses, August, 1976 . The report deals only 4 with short-range costs and revenues, and does not consider the long-range implications of the different development types . The cost analysis .of the plan assesses fiscal costs and benefits as they relate to the City in terms of ser- • vices provided and property tax and other revenues. received. The analysis also examines the fiscal costs of educating the population and financing the local school system through district taxes. Total revenues and expenditures for development as speci- • fied by existing uses and the Warner-Goldenwest Small Lot Redevelopment Project Area are detailed in Figures 3-3 through 3- 6. Commercial use will result in an additional annual net surplus to the City of approximately $58 , 575. Commercial use as compared to the existing. vacant site in- creases the annual net surplus to the school districts by $81, 810. Development of the Project Area under redevelopment will result in a long-term revenue increase by raising the rate of assessed valuation of the property. 3 . 11. 3 Market Viability Market support for retail facilities is primarily a function of (a) an assessment of existing retail facilities and (b) the buying power of trade area residents. The buying power of trade area residents determines the amount of 32 tj FIGURE 3-3 VACANT COMMERCIAL Summary of Annual Revenue and Expenditure Estimates as they apply to the City of Huntington Beach Land Use Category Revenue Expenditures Commercial $ 4, 155 $ 5,850 • General TOTAL $ 4 , 155 $ 5 ,850 NET DEFICIT - 1, 695 FIGURE 3-4 VACANT COMMERCIAL Summary of Annual Revenue and Expenditure Estimates as they apply to the School Districts Land Use Category Revenue Expenditures Commercial $10;815 0 General TOTAL $10,815 0 NET SURPLUS $10, 815* *School Districts do not actually receive a surplus rather the local share of the cost of educating students is increased. • 33 FIGURE 3-5 GENERAL COMMERCIAL DEVELOPMENT Summary of Annual Revenue and Expenditure Estimates as they apply to the City of Huntington Beach Land Use Category Revenue Expenditure Commercial $117, 810 $60;930 General • TOTAL $117 ,810 $60, 930 NET SURPLUS $ 56 ,880 • FIGURE 3-6 GENERAL COMMERCIAL DEVELOPMENT Summary of Annual Revenue and Expenditures Estimates as they apply to the School Districts Land Use Category Revenue Expenditure Commercial $ 92, 625 0 General TOTAL $ 92, 625 0 NET SURPLUS $ 92 , 625* *School Districts do not actually receive a surplus rather the local share of the cost of educating students is increased. 34 • • 1 ' supportable retail spare. An assessment of the existing. competitive retail facilities within the trade area , in conjunction ;with the residential buying power, determines whether or not there is currently unused potential support for additional retail facilities. Business Properties, Incorporated, has supplied an analysis (April 1977) of the market support for commercial develop- ment at Warner and Goldenwest. Urban Projects, Incorporated has also prepared a review of the probable market support for shopping center facilities proposed for development by S Business Properties,. Both documents are included in the appendix of this report. In summary, both studies conclude that sufficient market support would exist at the time of development and further in the future to fully justify the shopping center. De- velopment of the proposed commercial shopping center will not significantly and adversely affect other existing com- mercial operations adjacent to and within the general market area of the site. • • • 35 • • • • 4. 0 ALTERNATIVES- TO THE PROPOSED ACTION 4. 1 No Project The first alternative is that of taking no action. The implications of such a decision would be to continue the policies and land use • designations set forth by the General Plan Land Use Element. The Project Area is now designated commercial and would continue vacant in the long-term in waiting for quality commercial development. It is unlikely that even marginal commercial. uses would develop in the short-term. The substandard sized lots, fragmented ownership of • land and interior traffic access has prevented the site from develop- ing over the years and will continue to prevent any future develop- ment unless acquisition of all substandard sized lots and abandonment of substandard private streets takes place in order to achieve a developable sized parcel of land that would meet all existing City codes and regulations. The City and school districts would also forego considerable tax revenues without the project. 37 • • The no project alternative would eliminate some of the adverse effects associated with the project area .. There would be a lesser impact on utilities, .public services, traffic, air. quality, noise, and water quality. There would be fewer commercial buildings and human lives impacted by flood and seismic hazard potential. • 4. 2 Eminent Domain for Public Project The City could consolidate lots through condemnation but only if justified by need for a public facility at the site. Lots could not be sold off to private interests. The most probable public uses would include a park, public works facility, or a fire station. None of these uses are in critical demand at Goldenwest and. Warner, however, and respective departments have -no future plans for facilities here. A community park and high school are located adjacent to the site to the north and south, respectively. A fire station and the City Corporation Yard are within one-half mile of the Project Area along Gothard Street. The impacts from such public facilities would not be as. substantial as those generated by a shopping center. However, revenues accruing to the City and shcool districts would be nil or considerably less than those generated by commercial uses. . 4. 3 Lower Commercial Density A lower density development would entail a reduction in several of the adverse impacts discussed in this EIR, but not all. The impacts associated with the construction process would remain, as would the • displacement of biotic inhabitants. A reduction in demand upon energy supplies may result. However, it is more efficient at times to build one larger center than several smaller centers. The provision of a wide variety of services within a small area will decrease the need for residents to travel to many points as they conduct their affairs. Hence, a net savings in energy may be realized. A lower i density development would yield fewer revenues to the City and school district as well. 4. 4 Higher Commercial Density A commercial development of higher density would involve impacts similar to those discussed in this EIR but of greater magnitude. Again, this :is not uniformly true; with superior planning efforts it is possible to achieve a proportional reduction in certain areas (i.e. , although the total traffic volume may increase, the ratio of vehicular travel miles to the size of the development would decrease) . Efficiency in land use would be the critical variable.. Even with the best plans, a project of higher density would generate still higher noise levels, would leave less area for landscaping and 38 • • other aesthetic additions, and would place greater demands on energy. supplies and transportation networks. 4. 5 Residential Use A residential development on the site would not be in conformance with existing zoning or other planning incidences. However, it is conceivable that a residential development could be built there. • • • • • • 39 • I ■ • z 5. 0 SHORT-TERM AND LONG-TERM PRODUCTIVITY • Being a long-term guide for future development, Warner-Goldenwest Small Lot Redevelopment Project establishes a positive relationship between the local short-term uses of man' s environment and the main- tenance and enhancement of long-term productivity. The Redevelopment Plan identifies short-range issues within a context of long-range goals, policies, and environmental planning programs. The Warner- • Goldenwest Small Lot Redevelopment Project is in itself a mitigation measure designed to minimize any adverse effects on long-term pro- ductivity resulting from short-term uses. Concerning underdeveloped and vacant commercial lands, the long-term effect will be a balancing of the City' s needs for a commercial land supply that is more in line with the City' s capability to attract viable business activities. One of the steps required to implement the Redevelopment Plan is an analysis of the zone changes necessary to bring the zoning into con- formance with the General Plan. The zoning changes that would result would have significant short-term effects, such as perpetuating non- conforming lots, increasing potential for development permitted, and providing stimulus for development. The long-term effects would be a land use that is reflective of the plan ' s provisions. 41 r - 6. 0 IRREVERSIBLE ENVIRONMENTAL CHANGES The Redevelopment Project will mitigate most adverse effects. However, irreversible environmental changes of a secondary nature can be expected from development under the proposed plan. Loss of open space as vacant land is converted to commercial use will be a change. Alteration of topography will be an irreversible change. Although mitigating measures can be imposed as part of the development process , the natural topography will experience some degree of change. Construction materials of mineral origin .will be needed for develop- ment to occur, and fossil fuels will be committed for long periods to satisfy local energy demand. Other environmental changes may occur as a result of implementation of the proposed land uses. At each step in the development and redevelopment process, the significance of the action should be evaluated. 43 mom • • • • • • 7 . 0 GROWTH INDUCING IMPACT The proposed Redevelopment Plan can be considered a factor which, in conjunction with the policies of the City, will induce and introduce economic growth. The implementation of the proposed Redevelopment Plan should allow the Project Area to achieve the level of growth provided for in the presently adopted General Plan. The proposed Redevelopment Plan will create an increased demand on public services and utilities and incrementally affect air quality, water quality, traffic, and noise levels. However, the proposed uses in accord with General Plan policies and programs will mitigate many. of the adverse effects generated by the expected development. These inducements for growth will occur during both the construction and. operational phases, and be summarized as: - inducement for increased commercial construction and thus in- crease employment potential; inducement for the expansion and/or modernization of the public utility service systems; • 45 • • inducement for general economic vitality for the Project Area and the City of Huntington Beach as a whole, in terms of in- creasing property values, new business expansion, increased tax revenues and improved investment throughout the City; inducement for greater design quality and physical attractiveness of new structures. • • • • • • 46 fl • FOOTNOTES . 1. Land Use Element : Phase I , Huntington Beach Planning Department, December, 1973 , pp 6.8 ,. 6 .9. 2 . Seismic-Safety Element, Huntington Beach Planning. Department, August, 1974 , pp 103-105. 3. Conservation Potentials Report, Huntington Beach Planning Department, March, 1974, pp 19-47; 133-141. 4 . Open Space Potentials, Huntington Beach Planning Department, February, 1974 , pp 17-21; 77-91; 93-110 . 5. Geotechnical Inputs, Huntington Beach Planning Department, February, 1974 . • 6. Flood Hazard Study, Huntington Beach Planning Department, April, 1974 . 7 . Land Use Element: Phase I , p 6. 9 . 8 . Seismic-Safety Element, pp 105-106 . 9 . Conservation Potentials .Repoort, pp 47�-92 ; 133-141. 10 . Open Space Potentials, pp 17-25; 68=71; 93-110 . 11. Flood Hazard Study. • 12 . Fire Hazard/Fire Protection Study, Huntington Beach Fire and Planning Departments, July, 1974 , pp 21-24 . 13 . Land Use Element: Phase I, pp 6 . 9, 6. 10 . 14 . Seismic-Safety Element, pp 106-107 . 15 . Conservation Potentials Report, pp 92-104 . 16. Land Use Element: Phase I, p 6. 10. • 17 . Seismic-Safety Element, p 107 18. Conservation Potentials, pp 104-124. 19 . Seismic-Safety Element, pp 108, 109 . 20 . Conservation potentials Report, pp 124-133. 21. Open Space Potentials, pp 39-45. 47 22 . Scientific Resources Surv(!y and Inventory, Archaeological Research, Incorporated, .January, 1973. 23 . Land Use Element: Phase ] pp 2 . 12-2. 13, 2 . 15-2 .16 24. Circulation Element Background Report, Huntington Beach , Planning Department, August, 1976, pp 10-15, 42-460, 51-57, and 65-67 . 25. The General Plan, Huntington Beach Planning Department, August , 1976, Section 3 .1. 26. Population Growth Element Background Report, Huntington • Beach Planning Department, August, 1976. 27 . Open Space and Conservation . Element Background Report, pp 35=68. 28 . Conservation Potentials, pp 125-128 . • 29 . Open Space Potentials, pp 50-58 30 . Southern California Gas Company, 1974. 31. Southern California Edison Company, 1974. • 32. Department of Public Works, City of Huntington Beach, May, 1977 . 33 . - Rainbow Disposal Company, July, 1976 . 34. Department of Public Works, City of .Huntington Beach, May, 1977 . • 35. Population Growth Element Background Report, Huntington Beach Planning Department, August, 1976. 36. Noise Element Background: Report, Huntington Beach Planning Department, August, 1976 . 37 . Noise Element Background Report, Huntington Beach Planning Department, August, 1976, pp iv. 38 . Housing Element Background Report, Huntington Beach Planning Department, August, 1976, Section 3 . 2 . 3 . • 48 • APPENDIX 49 I3USINT SS PROPERTIES I)hVY'LOPMENT CONSTRUCTION DIANAOEAIENT M3-,tO SICY PARK BOULEVARD IRVINE, OALIFOUNIA 03714 (714)979-I8800 HUNTI(NGTOIN BEACH April 22, 1977 PLANNING DEPT. APR 25 YJ;", Urban Projects, Inc. P.-O. Box 190 10850 Wilshire Boulevard Huntington Beach, CA 92648 • Los_ Angeles, California 90024 Attention: Mr. Jerry A. Rogers Executive Vice President Reference: Northeast corner of Golden West and Warner • Huntington Beach, California Dear Mr. Rogers: Attached are two copies of the marketing feasibility report .prepared for the referenced project. Basically the report shows a first year volume of 3 . 5 million dollars for the superdrug and 6 .9. million dollars for the supermarket. This supports our previous thinking and should show quite favor- able sales tax results. • By copy of this letter, one copy of the report is being sent to Ed Selich. Very truly yours, BUSINESS PROPERTIES r • James A. Christense'h� • JAC:pep enclosure • cc: Mr. Ed Selicht�" i • SALES ESTIMATION FOR PROPOSED SUPERMARKET AND SUPERDRUG WARNER AVENUE AND. GOLDEN WEST AVENUE HUNTINGTON BEACH, CALIFORNIA Prepared for BUSINESS PROPERTIES, INCORPORATED IRVIWE, CALIFORNIA Prepared by MIS, INCORPORATED SAN DIEGO, CALIFORNIA • morketing informbtion systems SALES ESTIMATION FOR PROPOSED SUPERMARRET AND SUPERDRUG GOLDEN WEST AVENUE AND WARNER AVENUE HUNTINGTON .BEACH, CALIFORNIA • a Prepared for r. Business Properties, Incorporated Irvine, California • • Prepared by ♦ MIS, Incorporated San Diego , California April, 1977 1 1TIarketing informcxtionsystems. 061 Srxth Avenue, Suite 419, San Diego, California 92101 • Telephone (714) 235-6495 April 21 , 1977 Mr . James Christensen Business Properties , Inc:. 17840 Sky Park Boulevard Irvine , California 92707 ti Dear Mr. Christensen: We are pleased to submit our study to you entitled, "Sales Estimation for Proposed Supermarket and Superdrug, Garden West Avenue and Warner Avenue , Huntington Beach, -~ California. " As you requested, we have estimated first and third year sales for a proposed supermarket which would be similar in concept to a Lucky' s or Albertson' s supermarket, and first and third year sales for a superdrug similar in concept to a Long ' s, Sav-On, Payless drug store. Our detailed analysis of physical site characteristics, competition, census data, saturation and penetration indices, and share of market levels leads us to the con- clusion that the proposed supermarket and superdrug operation should provide the population base with a �. shopping facility concept that is presently lacking in the market area, as well as generate a profitable return for the tenants on the proposed shopping center site. In closing, we wish to express our appreciation for your support and patronage. It has been a pleasure preparing this study for you, and we look forward to a successful development of your shopping center project. Very sincerely, 1 Larry Ma%f s Vice President enclosure LM: gmo marketing information systems • SALES ESTIMATION FOR PROPOSED SUPERMARKET AND SUPERDRUG GOLDEN WEST AVENUE AND WARNER AVENUE • HUNTINGTON BEACH, CALIFORNIA - INTRODUCTION AND PURPOSE OF THE STUDY Frequently a department store, supermarket, super- drug, home improvement center, discount store, or other • large retailer will define the market area it serves in terms of a one, two, three, five, or -maybe ten-mile radii . While providing certain benchmark figures for determining • the feasibility of a proposed site , it also contains some inadequacies that might lead to false confidences. Some of these inadequacies are : • 1. inability to recognize natural and man-made barriers; 2 . directionality and magnitude of shopping • traffic flow; 3 . population and density as well as pure population; 4 . effects of competition in relation to: a. number of competitors, b. directness of competition, and C . positioning of competition; 5. accessibility to the site from the market area; and 1 market.)hformation syst 6 .. peculiarities of the area that might extend the market area beyond normal limitations. In light of these limitations , MIS , Incorporated employs a "share of market" analysis to aid in the development of a sales estimation for a proposed site . This technique utilizes many of the above mentioned • variables in deriving an accurate definition o:= the market area. The market area then becomes the vehicle by which a "share of market" sales estimate can be • formulated. The purpose of this study is to provide Business Properties , Incorporated with an estimated first and third year sales volume for a proposed supermarket and superdrug* on the northeast corner of the intersection of Golden West and Warner in Huntington Beach, California. • To estimate the sales volumes for the proposed site , a per capita and share of market concept was incor- porated in the analysis. As mentioned previously, adjust ments were made for "imacle, " merchandising concepts, population, income, penetration indices , and other sales generating and restricting factors that would affect the I *As described to the consultants from Business Properties , Incorporated, proposed supermarket operation would be similar in image and concept to an Albertson ' s . or Lucky ' s supermarket; proposed superdrug would be . _ similar in image and concept to a Long ' s, Sav-On, or Pay- less superdrug operation . i 2 •I • morketing informotion systems • prediction. In the final ..analysis, first and third year sales estimations are stated. • In defining the trade area, a two-mile radii was considered in the beginning analysis as this radii gener- ally derives the majority of a supermarket and superdrug' s • customer count. However, upon analyzing the site, it was " felt that a two-mile rad.i.i was insufficient for use in estimating sales volume due to a combination of competi- tion, arterial roadways, population density, etc. The _ trade area, as defined by Marketing Information Systems, and used for share of market analysis, appears in Map 1 in this report. The following pages of this report will present details and description of share of market, illustra- tions of the site and site area, a description of the specific site, and synopsis of socio-economic character- istics of the area. This will be followed by a descrip- • tion . of the major characteristics of the site area that would generate or restrict sales volume and that were used for the analysis to determine share of market and expected sales volume. 3 marketing information systems METHODOLOGY The first step in evaluating the proposed site in Huntington Beach required an on-site physical inspection, with effort directed towards identifying the size and shape of the ."primary market area. " This - identification was accomplished by driving the arterial network so as to observe the conditions a resident would encounter in his effort to reach the proposed location. During the course of this activity, information was collected as to the location of supermarket/superdrug competitors and their positions plotted on a map. Data were also gathered on retail shopping facilities and the quality of the residential areas, factors which directly affect the success of a supermarket/superdrug operation. A primary market area was then designated for the proposed location. Often the presence of barriers, such as freeways or industrial sectors, were the limiting factors for the primary area size. In areas where there were no physical barriers, limits were set by the draw- ing -ability of the immediate retail area and arterial network or the positioning of direct competition. After the data collection procedure and primary market area designation, sales volume estimates. were derived for the proposed location using the "share of market" technique. .. This procedure allows for the ' 4 • i marketing informotion systems r det ermination of total fool-drug potential dollars in various sectors of the primary market area by taking per capita expenditures (which vary by income and family size) and multiplying them times the population in each sector. Then based on the previously discussed competitive environ- ment, demographic characteristics , and locational factors, MIS estimated the share .of each sector' s potential dollars , which the proposed location would enjoy. The resultant figure represented only that portion of the business which would be derived from within the primary market area. The strength of the nearby retailers, arterial network, and competing retail areas were then evaluated to determine what percent of the site ' s total volume could be anticipated to come from residents . beyond the primary market area. The "within" market area sales estimate was then expanded to reflect this addi- tional volume, yielding a total sales volume estimate for the site . This estimate also takes into consideration the level of sales which may be achieved after adequate time has elapsed for the advertising and merchandising poli- cies of the chain to become fully effective in the market area. The following pages summarize the results of the analysis , present the "share of market" first and third 1 morketing info motion systems, year sales volume estimates, and provide other - supporting data used in the analysis. • • • A L ' .. 1. - .. .., EACH. MAP � .. PROPOSED SI'I'E' S I i MARKi.-;T AREA & SUB—AREAS r._ .. ._,�... .,ter . � �I — — — �I_ :- ,' �,_ :'. .,��.. -.•; _. —`!�'—'--:• 1;—• ��,..—�. ' •-may � __ 'J~ - -_i ��• w -.r,. r _ - -- -- _4 -''�i-`� s _ fir. `- - J ' •��-' .`;'_� _- _� __ -I.e,..:a-__,,r -- - =J;, - - - - ..ter- __ �'•;ir •!- +r_.n •fir, ( 1� r' - CFI -f:...•�: �;';�i •r; _ - - - �. ....�. •- ... r.... --gin-1' � i � -- _ .x'.'...- y o ,�y-- ` 'f•' n:3. ;�i: - t'. -- r ar -' �� d_- 'r.�' .wTMs _uy e _ �, i -y'i�..—..a 'i..- _ or IWI .,`` if �/ �. �.., :7"•'�-♦.•��. ,'.: �.ti.� J��i:,"`i: ':l u• „-^i:' R-T'z�y„�.F._T,. �'�,i�,p_:� -f y...n...f � '��✓i:'�`• N_�;t.a�. = 1� r. L: f,i.J"_. ••l. f.ayy ^•f.. �J �. .. -` =v -d2�-I„al:ti :--r^^_-r":;I�-:� ''.:f� Z ...5:..:, �:,') 1 (�•r� \,I`...y(•�J' -1,`r,:_..,- I l�f c�.A.�... -` � y.:r.�` _ l i '•.t'i 'l��l i! _�'sro.... " -.5'-' }1 i- d.'�•' �- - \� ��' �_. 1 ai-ti- .3 '9 i-t-'^ '!�- - '�. f - wi' 1 �!1. _••�,- •�,a„` '� - i =ir .T- — - 77- i♦+ •,,mil �.A, -',9 ____ --L .-V�-i: s-+1 ,...._-. _..�..-,,:• __ Vir.• � � r..._'ri.` `` j w.-Ta r_ -` `s' _. �1 .r.. - � �.. _ �•'-1.I�1L.- - � \ //,� :�_ri�.,l.�:'::r �i, •-''` ;i .,.. a_1r !_,�•q�+a t:L3i -f�.�-_l a..+A �C..:.t� _ - .•-. 1---�- -• CVOL '.:� ' �� r _ 1. °'. arty. ,• ice.. _!� 1 I (r 1 I' I I I- \�- i' 1 i ".� _ �.b ti,•-I•-r .- - _ i F- \ r• _ _ 1_!r t-.i 1 U 17 s • 1 7 �.. . marketing information systems Table 1 Superdrug Sales Estimation - First Year Per Capita and Share of Market Calculations Estimated Annual Expenditures Map Per. Total Percent Dollars Section Population Capita Available to Site to Site • i A 12, 273 $.305 $3 , 743, 265 12% $449 , 192 B 4 , 780 270 1 , 290,600 19 245,214 C 5 , 798 260 1, 507,480 20 301, 496 • D 2 , 743 160 438, 880 8. 3.5 , 110 E 9, 299 225 2 , 092 , 275 12 251 , 073 F 10, 810 270 2, 918 ,700 25 729 ,675 G 9 , 862 245 2 , 416 ,190 23 555 , 724 H 3 , 130 245 766 , 850 i0 76 , 685 1 3, 672 125 459, 000 15 68, 850 • J 8, 824 195 1, 720, 680 17 292 , 516 K 1, 454 225 327 ,150 6 19 , 629 L 3 , 294 225 . 741,150 8 59 , 292 M 6 , 253 225 1, 4061925 8 112 , 554 N 2, 482 225 . 558, 450 4 22, 338 Total 841674 $20, 387, 595 $3 ,219 , 348 Plus 10% from Outside Market Area 357, 705 Total Estimated First Year Sales $3, 577 , 053 g niaricethq info motion systems Table 2 Supermarket Sales Estimation First Year Per Capita and Share of Market Calculations Estimated Annual ' _Expenditures Map Per . Total Percent Dollars • Section Population Capita Available to Site to Site A 12 ,273 $21. 00 ' $ 257, 733 5% $ 12 , 887 B 4 , 780 19. 50 93,210 19 17, 710 C 5 , 798 19 . 00 . 110 ,162 4 4 ,406 D 2 , 743 12 . 80 35,110 2 702 i �- E 9 ,299 15. 00 139 ,485 2 2 , 7.90 F 10 , 810, 18. 00 194 , 580 13 25, 295 G 9 , 862 15. 00 147, 930 17 25 ,148 • H 3,130 15. 00 46 , 950 11 .. 5 ,165 1 3, 672 10. 50 38,556 14 5 , 398 •• J 8, 824 12. 80 112 ,947 14 15, 813 K 1, 454 15. 00 21, 810 2 436 L 3 , 294 15. 00 49 ,410 4 1, 976 M 6 , 253 15. 00 93, 795 4 3, 752 r N . 2,482 15. 0.0 37, 230 2 745 Total 84 , 674 $1, 378, 908 $ 122 ,223 Plus 8% from Outside Market Area 10 , 628 Total Estimated Average Weekly Sales $ 132 , 851 $132 , 851 x 52 = $6 , 908 , 252 Total First Year Sales _ 9 r mnrice"information systems Table 3 Superdrug Sales Estimation - Third Year Per Capita andShare of Market Calculations Estimated Annual • _Expenditure Map Per Total Percent Dollars Section Population Capita Available to Site to Site ~ A 12 ,273 $305 $3, 743,265 * 16% $598 , 922 B 4 , 950 . 285 1, 410, 750 24 338 , 580 C 5 , 798 260 1 , 507,480 24 361, 795 D 2 , 743 160 438 , 880 8 35 ,110 i E 9, 299 225 2 ,092 ,275 16 334, 764 F 10, 810 270 2 , 918, 700 34 992 , 358 G 9 , 862 245 2 , 416 ,190 33 797, 343 . • H 3, 400 260 8844, 000 8 70, 720 -- I 3, 790 140 5301600 18 95 , 508 J 8, 824 195 1, 720 ,680 20 344 , 136 • K 1 , 454 225 327,150 6 19 , 629 L 3, 294 225 741,150 14 103 , 761 M 6 ,253 225 1,406, 925 15 211,039 • N 2 ,482 225 558, 450 2 11, 169 Total 85, 232 $20 , 696, 495 $4 , 314 , 834 Plus 15% from Outside Market Area 76 , 441 Total Estimated Third Year Sales $5 , 076 ,275 `� 10 • marketing information systems . Table 4 Supermarket Sales Estimation Third Year Per Capita and Share of Market Calculations ` Estimated Annual Expenditures Map Per Total Percent Dollars Section Population Capita Available to Site to Site A 12 , 273 $-21. 00 $ 257, 733 6%. $ 15 , 464 B 4 ,950 20 . 50 101 ►475 21 21, 310" C 5 , 798 19 . 00 110 ,162 6 6, 610 D 2 , 743 12. 80 35,110 2. 702 E 9 , 299 15. 00 139,485 3 4 , 185 F 10 , 810 18. 00 194 ,580 14 27,241 • G 9 , 862 15.00 147,930 18 26 , 627 H 3, 406 16. 00 54 , 400 9 4 , 896 * I 3, 790 11. 75 44 , 533 16 7 ,125 J 8; 824 12 . 80 112 ,947 15 16,942 K 1, 454 15. 00 21, 810 2 436 * L 3 , 294 15. 00 49,410 5 2,471 M. 6 , 253 15 .00 93, 795 5 4 , 690, N 2 , 482 15-00 37,230 1 372 Total 85 ,232 $1,400, 600 $139, 071 Plus 8% from Outside Market Area 12 , 093 • Total Estimated Average Weekly Sales $151, 164 $151, 164 x 52 = $7, 860, 528 Total Third. Year Sales 1 11 SEAL EACH P. 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T}zomas Brothers i marketing Infamallon systems i Table 5 Superdrug Competition, Code List Code Name of Establishment 1 Drug-A-Rama 2 Thrifty Drug 3 Sav-On Drug 4 Skagg' s Drug 5 Thrifty Drug 6 Sav--On Drug 7 Thrifty Drug 8 Future. Sav-On Drug Source : MIS, Incorporated 13 41 it E A L ...-REACH _ _ a' PROPOSED SUPERMARKET' S _ - -' f COMPETITION CODE & LOCATION I - - -. i' 7 -7•�'�: r.ar ..ew.•, )I°Ire I .... � � -_ - . �.�'. I 1§r �_� ��. I. •eons. AA I -T I •.d.� ,1- •� y i > 3. {��ly�lRRji1J1 i- I firms - I. / .. ^`.<•:q " } } � _: r t Y. Rim lam_ __� ,?` " a L r' r ..r_}` u r.r •'`IX {{ _- - .^ i c.-"_' _'�-' r: a '�--�...'•'� �Tr :-*�-1^"'.T.>''-'Y'" .....,. 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Map Source Thomas Brothers 1 ` � y�s� 1 - - •- - ' '~1_ 11 T: vu•. r•11�1:�"' .�:.k iNST l` } .!. ?.1 i •'� - • _ _ - �' . / 1� 14 r = _ • maiket+ng Information systetira Table 6 Supermarket Competition Code List Estimated _Code Naine of Establishment Square- Footage 1 Alpha Beta Supermarket 26 ,000 2 Ralph ' s Supermarket . 30 , 000 3 Thriftimart . 24 , 000 4 E1 Rancho Market 19 , 000 5 Lucky' s Supermarket 29 , 0.00 6 Von' s Supermarket 30, 000 7 Alpha Beta Supermarket 24 , 000 8 Albertson' s Supermarket 18, 000 ♦ 9 Stater Bros . Supermarket 20 , 000 10 Fed-Mart , 20 , 000 11 Fazio' s Supermarket 30, 000 12 Market Basket 21, 000 ~ 13 Future Gemco 14 Alpha Beta Supermarket 25 ,000 .15 Safeway Supermarket 30,000 16 Von's Supermarket 23, 000 17 Stater Bros . Supermarket 24 , 000 18 Alpha Beta S'upermarket 22 ,000 19 Future Ralph' s Supermarket 20 The Boy ' s Market Supermarket 21, 000 Source : MIS, Incorporated - 15 marketing hformatk>n systems, SITE AND AREA DESCRIPTION The proposed site is situated adjacent to present retail-commercial facilities which service the extensive 1esidential base , a sector of the Wintersburg-Huntington Beach community. Golden West Avenue , a major north-south artery, provides a maximum exposure to traffic heading (1) south to residential areas and beaches , and (2) north to the major shopping facilities included in both Westminster Mall and Huntington Shopping Center. . While traffic on Warner is heavy at certain times of the day , the wide artery with left turn lanes at the intersection, and the existing arterial traffic signal, alleviate most traffic congestion. The site may be categorized as a "corner" location, - although the proposed supermarket and superdrug opera- tions will be set back from the corner with adequate • parking in front of the stores . East of the site may be basically characterized a-s residential , with a Shell Oil service station/liquor store complex located at the northeast corner of the intersection , while the southwest corner is taken up. by Wintersburg High School. Neighborhood retail facilities exist on both 16 rnorkefir g informotion systerns northwest and southwest corners of the intersection , with Union 76 and Standard Oil service stations on the immed- iate corners along with Ralph ' s and Alpha Beta supE!r markets , Drug-A-Rama , and Lloyds Bank-World Savings as - major tenants . Beyond these facilities , residential family units are predominant with newest growth to the immediate southwest. The demographic profile of the population in the site area may be considered homogeneous , dense, and slightly above the average Orange- County profile. Median age is 24 , ' median family income $15 , 490 , median property value $28; 837, and average family size . 3 . 64 . A synopsis of the population profilE! for a one and two-mile radii surrounding the site is illustrated in the Appendix. • 17 • marketing information systems MAJOR CHARACTERISTICS OF THE SITE AREA • 1 . Population within one and two miles of the proposed location is approximately 29 , 700 and 76 , 200 , respec- tively. These figures are above normative levels of 16 , 000 and 50, 000 persons. Within the defined market area, approximately a 84 , 700 persons reside, accounting for almost $21 , 000 , 000 in superdrug annual consumer expenditures and $71 , 000 ,000 in food store annual potential dollars . 2 . The population in the northwest and southwest quad- rants of the two-mile radii is densely populated. The remaining quadrants , while showing some population, • have a large amount of area taken up by Golden West College, Huntington Shopping Center, Central Park, the Municipal Golf Course site, and Lake Huntington. 3. Median family income for the one-mile radius surround- ing the site is $16 , 666 , while income within a two- mile radii of the location is skewed downward to a •� median of $15 , 490 due to the income decline in the i far eastern portion of the one to two-mile sector. I While this variation of income within areas of the �I primary market does exist, the present income base would appear to be well-suited for the type of retail operations which will be operating on the proposed shopping center. 18 • marketingg hforrrxation systems • 4 . Median age of the two-mile population is 23. 4 , with an average family size of 3. 64 persons . This same profile holds true for the one-mile radius as well as the delineated market area . This type of profile , an indicator of a younger, more affluent population base, raises per capita food expenditures to a weekly average of . $16 . 28 versus a normal county expectancy of $14 . 25 to $15. 40 per capita. When coupled with the dense population base, this higher per capita provides the high food sales potential of over $71, 000 , 000 mentioned previously. 5. Seventy-six percent of the housing in the two-mile area is single-family dwellings , with multi-unit dwellings representing a relatively low 21 percent of the housing. The high incidence of single-family dwellings is corrolary to the 3. 64 average persons .per household within two miles of the site. Prefer- • ences within this type of profile emphasize a high service level while still seeking price-competitive outlets to which the proposed type of supermarket • and drug operation seem. ideally suited. 6. The areas of highest sales potential for the proposed . supermarket are located immediately west of the • Golden West-Warner intersection (sections F and G of the market area) and southwest of the site (Section"-.B) . 19 marketing Information systems- • In addition to having a minimal competitive level, these areas contain median family incomes of $16 , 800 to $21 , 800 and are prime profiles for an "Albertson' s- Lucky ' s" type of supermarket operation. Other areas of estimated high penetration include Sections A and J, where almost $19 ,000 ,000 are avail- ,a able in annual consumer food expenditures . 7. There are several areas , within the market area, of- high potential sales for the proposed "super drug" w operation. This is due , in part, to the lack of competitive facilities in the southwestern and extreme western sectors of the market area. Basic- ally unserved by a "super drug" operation, the popu- lation within. these sectors is estimated to spend y approximately $12 , 000, 000 in annual expenditures at . a super drug operation, of which the proposed store is estimated to capture 19 percent. Due to the lack of super drug facilities within these sectors , and the possibility of a "Long' s , Sav-On, Payless" type of tenant, the proposed super- drug should provide the tenants of the proposed •� shopping center with additional "pulling power" above j what could be considered normal. This projected pull should particularly assist the proposed supermarket I as the supermarket will be the only food operation 20 • 1 • marketing hiormotion systems • within these .sectors adjacent to a super drug operation. 8. Accessibility to the proposed site may generally be termed adequate from most sectors of the market area, with both Warner . and Golden West as four-lane arteries which may be easily reached by major north-south and !' east-west arteries, respectively. Beach Boulevard, a heavily . travelled north-south artery east of the site, will act to reduce pull from. the far eastern sector • r, during peak traffic periods. 9. Although the San Diego .Freeway, located lh miles north- east of the site, is used as part of the designated market boundary, • thi.s major traffic carrier does not . deter traffic severely due to several overRasses i available to vehicular traffic. Consequently, given ample time to implement marketing and merchandising programs, the proposed "Long' s, Sav-On, Payless" drug operation, should not. be prevented from maximizing its penetration of the population base north of the free- way. , • 10. In analyzing competition with respect to the proposed "super drug, " it becomes readily apparent that the population base is unsaturated for this type of • operation. Within one mile of the site, there are no "super drug" operations which are the equivalent of a • 21 marketing information systems "Long ' s , Sav-On, Payless , " etc. Only a Sav-On located at Edinger and Springdale , and a much older Thrifty unit at Warner. and Springdale , are. representa- - tive of "super drug" operations, and these, consisting of an approximate total of 33,000 square feet, are positioned poorly relative to the arterial network in the southwestern and western sectors. 11. Within a one-mile radius of the proposed site , only ~ the Ralph' s supermarket at the southwest corner of the Golden West-Warner intersection represents a "service-oriented, price competitive" supermarket to serve the one-mile population base of 29 , 700 persons . In essence, with they Ralph' s estimated to be generat- ing approximately $1.2. 0 million in sales, there remains an available: one mile annual food expenditure potential of $12 , 700 ,000. Given the Golden West-Warner arterial network and the proposed location' s positioning relative to the trapped population to the southwest and western sectors, there is a definite need for a "service- oriented, price competitive" supermarket, and the proposed location seems ideally suited to serve that need. 12. Although there are shopping centers located through- . out the market area , as is typical of the Orange 22 • marketing hformatlon systems • County retail matrix, the proposed shopping center, with its planned tenant format, offers the market area--especially the population base to the southwest and west--the convenience of a "service-oriented" supermarket and a "Long' s , Sav-On, Payless"• type of superdrug at one location. This convenience, plus - the physical plants being both new and modern, should combine with the previously mentioned characteristics of the market area to provide the population base with a shopping facility concept which seems to be lacking in the market area as well as generate a profitable return on investment for the tenants to be located in the proposed shopping center. • y . 23 • marketing informotion systems • • ti APPENDIX • • _' 24 marketing 00MQ60n systems • Major Socio-Economic and Demographic Characteristics Within One and Two Miles of Proposed Site One-Mile Two-Mile • Characteristic Radius Radius Population 29 ,675 76 ,247 Median Age 24 . 11 23 . 45 Average Persons Per Household ' 3. 46 3. 64 Number of Households 8, 567 20, 952 Owner-Occupied Units 5,435 14 , 836 • Renter-Occupied Units 3,132 6-,116 Single-Multiple Unit .Ratio 1. 79 2. 90 Median Family Income $16 ,166 $15, 490 ,. Median Property Value $32 , 306 $30 , 314 Automobile Ownership: No Automobiles 2. 3% 1.9% One Automobile 32. 0% Two Automobiles 54 . 3% 54 . 8% Three Automobiles 11. 4% 11. 4% f Source : MIS, Incorporated Computer Census Tapes, 1970 Census , Bureau of the Census 1 r 25 HUNTINGTON .13EACH PLANNING DEPT. • MAN' 17 1977 P. U. Box 190 Huntington Beach,CA 92648 MEMORANDUM REPORT REVIEW OF MAJOR TENANT MARKET SUPPORT: PROPOSED BUSINESS PROPERTIES, INC, SHOPPING CENTER PROJECT AT WARNER AND GOLDENWEST AVENUES • Prepared for • City of Huntington Beach May 13, 1977 • Prepared by Urban Projects, Inc. 10850 Wilshire Boulevard - Suite 800 • Los Angeles , California 90024 (213) 475-9651 • • INTRODUCTION This Memorandum Report presents the results of Urban Project, Inc. 's re- vi.ew of the probable market support for shopping center facilities pro- posed for development by Business Properties , Inc. at the northeast cor- ner of the intersection of Warner Avenue and Goldenwest Avenue in north- ern Huntington Beach. This project is being considered for potential in- clusion within a separate redevelopment project boundary and would be un- dertaken with possible Redevelopment Agency assistance. A market analysis has already been prepared for this project on behalf of the developer by Marketing Information Systems Inc. (MIS) of San Diego and at the direction of the City Planning staff Urban Projects , Inc. has reviewed this analysis in order to verify the probable levels of market support to be available to the project. The following brief report is organized into three general sections. Sec- tion I which follows presents UPI 's findings regarding the conclusions drawn in the study prepared by MIS for the project together with our own conclusions concerning its probable viability. Section II reviews the methodology typically utilized in assessing the market support for retail shopping center projects so as to provide a background for subsequent dis- cussion. Finally, Section III outlines the results of UPI 's examination of the various parameters and assumptions employed in the analysis. • • • • SECTION I • SUMMARY OF FINDINGS AND CONCLUSIONS • Based upon Urban Project, Inc. 's review and analysis of the market support available to the neighborhood shopping center proposed to be developed by • Business Properties, Inc. at the- intersection of Warner and Goldenwest Ave- nues , the following major findings were noted- 0 The, market support available to the site from within the local trade • area will be adequate to support the project as proposed by Business Properties , Inc. This conclusion assumes that the project will be of high quality design and carefully managed , and would incorporate major competitive supermarket and superdrug tenants as reflected in the site plan made available to UPI dated December 14, 1976. This plan assumes major competitive supermarket and superdrug units such as an Albertson's • and Long's Drugs units of approximately 33,000 square feet and 26,000 square feet respectively. • UPI 's review of the market analysis prepared by Marketing Information . Systems, Inc. (MIS) of San Diego for the site indicates this analysis to be .quite thorough in its preparation and content. Further, in UPI ' s • opinion the assumptions and general findings contained in that analysis are believed to be valid. UPI ' s own estimates of potential sales by the major tenants in the project are somewhat lower than those forecast by MIS. Nevertheless the market support is believed to be adequate to support the type of project proposed. • • UPI 's review of the total available market support, together with its survey of other existing and planned supermarket and superdrug facili- ties in the area, indicates that development of the type proposed at the Warner/Goldenwest site will not significantly and adversely affect other existing operations in the area. • • Since the level of market support for the major tenants within the pro- posed development by Business Properties, Inc. is anticipated to be adequate, the project as a whole should be viable based upon normal shopping center experience. • -1- • SECTION II • STUDY METHODOLOGY In. order to facilitate latter discussion in this report the following pre- sents a brief description of the general methodology typically utilized in assessing the market support for retail commercial projects. The meth- odology employed by Marketing Information Systems , Inc. (MIS) is- quite similar to that which is outlined below and which would also have been employed by UPI. in its own review of a shopping center project. Rather than repeat the analysis presented in the report* prepared by MIS for Business Properties , Inc. , Urban Projects, Inc. felt that the same results could readily be accomplished by a review of the general assumptions , ana- lysis and conclusions contained in the report. It is suggested that the reader review the analysis contained in this referenced report. • The market support for a shopping center is formed by the total spending potential available within a logical geographical area surrounding a site and the probable market share of the total potential which can be attracted to the site. The former is simply the product of the population levels and average per capita spending patterns of residents within the area, while the site share is a function of the relative strength of the site in terms • of access, exposure and the levels of competition afforded by other exist- ing store facilities already serving the area or which are planned to open at competitive locations. The overall viability of a shopping center is usually determined by the success of the major tenants within the project since these provide the customer traffic for smaller shops within the cen- ter. Within convenience centers such as that proposed by Business Proper- • ties, Inc. , supermarkets and superdrug tenants act as the major anchor ten- ants . Thus if it can be established that the market support is adequate for these two tenants, it can usually be concluded that the overall project will be viable. . In examing the market support available to. the Warner/ Goldenwest site, and in reviewing the findings of the study prepared by MIS, Urban Projects , Inc. first .reviewed the above parameters. These are dis- • cussed in the following, section. • *S'�e Sales Estimation for Proposed Supermarket and Superdrug, Warner Avenue and Goldenwest Avenue, Hunting Beach, MIS Incorporated. 41 -2- SECTION III • STUDY RESEARCH AND ANALYSIS Trade Area Delineation As a first step in reviewing the market analysis prepared by MIS for the Warner/Goldenwest site, UPI examined the trade area assumed by MIS to be available to the project. Also reviewed were the project characteristics and probable competitive strength., and the access and exposure of the site based upon UPI 's survey of the area. As outlined in its report, MIS adopted a trade area of approximately two miles in radius surrounding the site. This was then adusted to reflect additional site and competitive factors. The trade area boundary chosen extends to Bolsa Avenue to the north, the San Diego Freeway on the north- west, to approximately Newland Street on the east, and to Garfield on the • south. On the west the delineated trade area extends to the west to Paci- fic Coast Highway, and includes Huntington Harbour (1 ) . This size trade area is typical of the type of Project proposed and UPI believes that the boundary delineated by MIS is reasonable and supportable. Trade Area Population UPI independently reviewed the popul-ation level within the trade area available to the Warner/Goldenwest shopping center site using the results of the 1970 Federal Census and November 1973 Special City Census , and also the most current estimates prepared for January, 1976. These later esti-mates were published in conjunction with the results of the special county- wide census undertaken in 1976. Though not specifically referenced in its report, it is apparent that MIS based its population estimate on the Janu- ary, 1976 estimates published by Orange County. The total trade area pop- ulation as of that date was projected by MIS to be 84,674; UPI 's tabulation produced a figure of 83,410 and the difference between the two figures is • considered negligible. Trade Area Expenditure Patterns As mentioned previously, the product of population and per capita expendi- tures yields the total trade area spending potential . MIS projected the • supermarket and superdrug spending levels for individual subareas within the total trade area as .shown in Table 1 of their report. The average for See Map No. I of MSI report. . • -3_ • the trade area was placed at $;'41 per person for superdrug expenditures, and supermarket expenditures were estimated at $16.43 .per week per person • or $854 annually. Sources for these -estimates were not indicated. UPI prepared independent estimates of per capita expenditures. in the su- perdrug and supermarket categories using taxable retail sales for Orange -County and Huntington Beach published by the California State Board of Equalization and the 1972 Census of Retail .Trade published by the U. S. • Department of Commerce. Based upon the above, the average annual per cap- ita drugstore expenditure level is estimated at $105 to $115 within Hun- tington Beach. The Warner/Goldenwest site trade area, which has an aver- age per capita income level which is 5% higher than Orange County(1 ) , is estimated to have a per capita drugstore expenditure level no higher than $12Q_tQ$125 per trade area resident. Other factors cited by MIS in sup- • port of a higher per capita spending pattern are not believed supportable. In UPI 's judgment, drugstore expenditure pattern was significantly over- stated. Conversely, the estimate prepared by MIS of average weekly and annual supermarket expenditures is close to UPI 's own estimate. MIS placed this expenditure at $16.28 per, week per person while UPI estimates the ex- penditure level at $15.25. MIS's somewhat higher level is nevertheless be • lieved to be reasonably accurate. Total Trade Area Potential and Site Share The market opportunity available to the ,proposed project is a function of the achievable site share of the total trade area potential . In tables- 1 • and 3 of its report, MIS projected the total superdrug opportunity based on this type of analysis. UPI reviewed this projection and prepared its own estimate of the site share. Though the average per capita drugstore potential and thus total trade area potential estimated by MIS is believed by UPI to have been significantly overstated, UPI believes that the indi- cated market share was understated. . Based upon its own projection of • spending potential and site share, UPI believes that a drugstore unit of the size and type proposed would achieve sales in its third year of opera- tion of approximately $3,570,000. This- estimate is roughly 70% of the level projected in the MIS analysis. It is nevertheless considered ade- quate for most_superdru�_operations. Further, based upon a review of the total available market potential within the trade area, the entry of an • additional unit at the Warner/Goldenwest site will not significantly and adversely impact other drug operations in the market area. UPI also reviewed the projections prepared by MIS of the total supermarket potential and site share which are shown in Tables 2 and. 4 of their report. • �l � Whi le the area has strong household income levels , higher -than aver- age household size lowers the per capita income level closer to the County average. • -4- • UN estimates were found to be rriasonably close to those prepared by MIS. For example, MIS placed the third year volume opportunity at $7,860,528. UPI ' s estimate is placed at approximately $6,710,000 or 85% of the former. The market support available to i supermarket at the site is considered by UPI to be slightly marginal but sufficiently close to normal desired productivity levels to warrant development at the site. FurthE!r, as with the drugstore unit, a review of the total trade area potential indicates • that entry of the proposed unit at the Warner/Goldenwest site will not significantly and adversely affect support for existing and planned units in the area. • • • • • -5- • Southern California Edison Company 'L4 • 19171 MA�;NOLIA AVENUE HUNTINGTON BEACH, CALIFORNIA 92646 H.W.COMPTON May 24, 1977 MANA(:F,R,I-IUN11NG1'0N BEACH HUNTMTON BEACH • PLANNING DEPT. MAY 26 1977 P. 0. Box 190 Mr. Ron Contreras, Redevelopment Specialist Huntington Beach,CA 92648 Department of Planning and Environmental Resources City of Huntington Beach P. 0. Box 190 Huntington Beach, Ca. 92648 • Subject: Redevelopment Plan N/E Cor. Warner/Goldenwest, Huntington Beach 15 Acre Shopping Center Environmental Impact Report Dear Mr. Contreras: • This is to advise that the subject property is located within the service territory of the Southern California Edison Company and that the electric loads of the project are within parameters of projected load growth which Edison is planning to meet in this area. Unless the demand for electrical generating capacity exceeds our • estimates, and provided that there are no unexpected outages to major sources of electrical supply, we expect to meet our electrical load requirements for the next several years. Our total system demand is expected to continue to increase annually; and, if our plans to proceed with future construction of new generat- ing facilities are delayed, our ability to serve all customer loads during peak demand periods could become marginal by 1981. In addition, the major fuel used in Edison's generating facilities is low sulfur fuel oil. We now believe that our low sulfur fuel oil in- ventory, together with our contractual commitments for delivery, and • our customers' conservation efforts, will permit us to meet the fore- casted demand for electricity during 1977. It is our intention to continue to do everything that can reasonably be accomplished to provide our customers with a continuous and suf- ficient supply of electricity. Very truly yours, H. W. Compton, Manager • HWC:imr Huntington Beach SOUTHERN QALIIFORNI LA. gas�, I-OMF)ANY ORANGE COUNTY DIVISION - P. O. BOX 3334, ANAHEIM, CALIF. 92803 May 27, 1977 Mr. Ron Contreras City of Huntington Beach P.O. Box 190 Huntington .Beach, California 92648 • Subject: EIR - Northeast Corner. of Warner Avenue and Goldenwest Street, Huntington Beach This letter is not to be interpreted as a contractual commitment to serve the proposed project, but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where • the above-named project is proposed. Gas service to the project could be pro- vided from an existing main as shown on the attached atlas sheet without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. • The availability of natural gas service, as set forth in this letter, is based upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the . California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas service will be provided in accordance with revised conditions. Estimates of gas usage for non-residential projects are developed on an in- dividual basis and are obtained from the Commercial-Industrial Market Services Staff. • We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please contact this office for assistance. Sincerely, - W. R. Perkins Distribution Planning Supervisor d HUNTINGTON BEACH attach. PLANNING DEPT. MAY 31 1577 P. 0. B0X 190 0 Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION • HUNIINGTON BEACH - - To RON CONTRERAS From R. E. FICKLE, SERGEANT PLANNING DEPARTMENT SPECIAL OPERATIONS DIVISION Subject E. I.R. Date JUNE 1, 1977 This memorandum is in response to-your request for an Environmental Impact Study for the commercial project (Reporting District 261) at the northeast corner of Warner Avenue and Goldenwest Street. In 1976 there were. 852 calls for service in the proposed project reporting area. This was 62 percent more calls than in Reporting District 169 (northwest corner) and 43 percent more calls than in Reporting District 179. Because statistics are not currently collected in an area small enough to project a completely accurate number of additional police officers, two assumptions are made in this prediction. • (1) The "similar development on the northwest and southwest corners each contain the same amount of gross leasable square footage-- that being 210,456. (2) The same percentage of services will be necessary for the new project. Northwest Corner = .0025 calls per square foot Southwest Corner = .0028 calls per square foot Average Calls per Square .Foot = .00265 calls per square foot. If the new project will increase the total additional calls for . service by the above calls per 'square foot, it will mean an addi- tional 558 calls for service. It took a total of .00625 police personnel to handle each call for service. in the City during 1976. Therefore, it will take an additional 3,5 police personnel to handle the additional calls. The total additional police officers required will be 1.64. R. E. FICKLE, SERG T • SPECIAL OPERATIONS DIVISION REF/cah ADDENDUM/ERRATA PROPOSED WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PLAN ENVIRONMENTAL •IMPACT REPORT 77-4 Page 1; Section 1. 0 Introduction The Environmental Impact Report for the proposed Warner-Golden- west Small Lot Redevelopment Plan has been prepared by the Phan-Be=ae�epn�e�t-Seet3e Advanced Planning Section of the City of Huntington Beach Planning Department. Page 1; Section 1. 1 Planning Area The proposed Redevelopment Project Area is located in the northwestern section of Orange County, California, in the City. of Huntington Beach, as shown in Figure 1-1. This section of Huntington Beach commonly referred to as "Encyclopedia Lots" comprises the Project Area (Figure 1-2) . For the purpose of this tepott, "Fvicyctopde.ia Lots " ate de6ined as those tots cheated .in the Batty 1920 '4 which ate eonz ideted to be Aubztandatd .in size by ptezent City codes , genetatty being 25" x 126 ' and 25 ' x 100 . 8 ' .in size. Encompassing approximately 15 acres of vacant land, the Project Area is geneally located at the northeast corner of Warner Avenue and Goldenwest Street (excluding the developed corner of Warner and Goldenwest) , and surrounded by residential areas, a city . park, high school facility, and commercial shopping center. Page 5; Section 1. 4 Methodology The analysis of the environmental impacts within the Warner- Goldenwest Small Lot Redevelopment Project Area conform to the requirements of the California Environmental Quality Act (CEQA) . AU te5etenee documents .Hired in this tepott ate on bite .in the City Cte&k'z o 6 6 ice, P.tanning Department, and* C enttat L.ibraty. Page 7 ; Section 2 . 0 Environmental-Setting Summary 2. 0 SUMMARY This Section z,ummakizes the Jindingz ob the major env,itohmentat .impacts and .the.it mitigating meazutes tezutting 6tom ,imp2e- r menting the ptopozed plan as wett as attetnat-ivez to the ptopos ed action. The ptopozed Redevetopment Ptojeet Atea is tocated in the noxthwestetn section o f Oxange County, Cat-isotnia, in the City o6 Huntington Beach at the nottheast cotnex o6 Watnet Ave- nue and Gotdenweat Street. The atcea contains apptox.imatety 15. 2 gtosz acx.es and is pxesentty vacant. The Envtitonmentat Impacts and Mitigating Measutez ate bound in Section 4 . 0. The Land within the Pxo j ect Atea is ptes entty vacant. A& o6 the tots .in the Pto jeet Atea ate Aubstandatd .in size (majot,ity ate 25 ' x 100 ' ) and eommonty tebetxed to as "Encyclopedia Logs ." The ptopohed ptan designates genetat eommetc.i..at .land uses Got convenience teta.it of oss.ice uses which may .include dtugstotes , gtocexy stotes , banks , Z.iquot ztotez , genetat o 6 j.iee uses and anc.illaty uses . Topogtaphy wilt change due to grading and b.itt on the site to accommodate new eonsttuct.ion. The C.ity' s Depattment o6 Bu,itding and Community Development tequ.ites an eng.i.neex.ing geotog.ist'.s anatysis to detetm.ine geotog.icat conditions on the Lite ox that bu.itdings must eon6otm to xes.i.bt a seismic 6oxce equat to . 186 gtav,ity. Devetopment o6 the Pto jest Atea w.itt have m.in.imat .impact upon vegetation and w.itdl.ije in the atea. A mitigating measute teeommends a quat.ij.ied atcehaeotogizt su66.icientty cteat con- zttuetion area o6 atchaeotog.ieat data pt.iot to any gtading Got devetopment due to the fact that an atehaeotogicatly z igni6 ieant site has been ident.i6.ied on the Lite atthough two-th.itda o6 the site has been desttoyed. A change .in land use w.itl tees utt .in add.itio nat widening and %mptovement o6 Warmer Avenue and Gotdenwezt Street to accommodate .ineteazed tta4jie votumes . This wilt tcesutt in ineteazed congestion, a.ix pottut,ion, and noise atong the attet.iat ztteet system. Public wotks has teeommended a butute tta6jic z ignat to be .inztatted on Watnet Avenue to setv,e the Ptojeet Atea when devetoped and high zchoot pxezentty tocated on the zouth Aide o6 Watnet Avenue between Gotdenwe�st and Go.thatd Stteetz . Dut.ing the eonAttuct.ion phase there woutd be a tempotaty ineteaAe .in a.it pottutt.on Jtom the site. Contxot of the conattuet.ion activities is pxovided jot by the C.ity's toeat otdinanee and on-.site inspections over the shott-team as a mitigating mews ute. A.it pottutant4 w.itt .inetea4 e when the Pto j ect Atea .is Jutty devetoped and w.itt y.ietd a net emission gain to the South Coast A.i& Basin of . 56 tons pen day. Devet�; opment .in accordance with the Redevetopment Ptan wilt not substant.iaZZy aiject teg.ionat a.it quatity,. .its e6je.ct must be eons.idered as an .inc&ement .in the cumuZat.ive degradation o� the basin. Noize Zeve2s witt .increase dut.ing consttuetion due to the ptes enee o6 heavy equipment o6 short-term du&at.ion, howeve&, these ZeveZz ate not eons.ide&ed s.igni6ieant. The n.o.ize teveZ.6 .in the immediate v.ie.inity -o6. the site may be expected to .i_neteaze by about . 6 dBA along Watnet Avenue ( j&om 67 dBA to 67 . 6 dBA at 100 feet b&om )tight-oi-way edge, L50 ) and by . 2 dBA along GoZdenwest Street ( 6tom 67. 5 dBA to 67. 7 dBA at 100 beet Jrom tight-o6-way . edge, L 5 0) due to site g enetated ttab b.ie. The GenetaZ Plan Noise Hement ptov.ides suggested methods bot minimizing noise .impacts along the C.ity's attet.iaZ streets and highways . Existing pubZic s etv.iees ate adequate to s etve the Pto j ect A&ea when d.eveZoped. The Police Department .indicates an add.itionat two o66.icens would be requited to ptov.ide adequate ptoteetion. A mitigating meazute wou-Pd .include onsite seeut.ity ptoteet.ion to minimize the .increased demand on the Potice Department. 1=utuiee deve.topment should eon6otm to the Catibotn.ia Attorney Genetat's seeut.ity ptovl lions . The need 6o& add.it.ionat ut.iZity setv.ices w.itt .increase with development. The proposed shopping center w.itZ .inc.tease the consumation o6 natutat gas by apptox.imateZy 2 . 5 m.itZion cubic beet pen yea& and eZectr.ic.ity by 4. 1 miZZion kiZowatt hours pet yea&. Suppty.ing these se&v.ices .is not anticipated to be a ptobtem untess 6edetat .tegutat.ions aijeet Southern CaZisorn.ia Gas Company' s suppQy of .i6 Southern CaZi6o&nia Bdtison's ptans to proceed with 6utute construction o6 new genetat;ing 6ac.izit.ies continues to be delayed. Mitigating measures .include energy conservations measures 6o& new sttuetutes . Sewer, water, and s oZ id waste d.is posat s etv.ices Got the P&o ject Atea ate generatty ptov,ided as a nor.maZ extension o6 existing 6ae.iZit.ies and would not. ptesent ptobtems . Existing sewer and. water Zines would be adequate to serve the proposed shopping center. Mitigating measures .include wate& eonse&vat.ion. ' The proposed shopping cente&. w.iU .increase ovetatZ so2.id waste ,genetat.ion by 205 tons pet yea& which can be adequately handfed by existing waste sites and new repZaeement sites . I • I The ptopozed shopping cen-ten i.s expected to 4e,%ve a de6.ined matke-t area containing appnox.imatety 84, 700 perg,onos . Poputa- .tion within the one and two mites o J the Pn.o jee.t Area is about 29, 700 and 76, 200, to-6peet.ivety. Acquisition o6 att the existing tots whether by private means on through Agency assistance would be neeezzary .in ondet to ptov.ide a site suitabte Jot eommetc.iat devetopment. Pnopetty acquisition by the Agency w.itt nesutt .in d.izptaeement. o6 hotdout propetty ownetz . However, att ptopenty ownets Ahatt receive 6a.ir market vatue ban the.in .land. Property ownetz w.itt be given the oppontun.i.ty and encouraged to participate .in the devetopment of thein pnope)Lty. Retoeation o6 nes.iden tz and buz.inesz ens , and demot.ition o6 s.tructutez watt not be nequ.ired as the Project Anea consists o6 vacant Land. Mitigating meazutez would inzune the oppon.tun.ity bon pnopen.ty owners to pant,ic.ipate .in devetoping their Land .t6 not acquired by private patties on by .the Agency. Itrevet6ibte env.inonmen.tat changes watt .inctude= tozz 06 open space as the ptivate vacant Land is devetoped with commenc.iat uses; attenation o6 topography w.itt be an .ittevens.ibte change; constnuct.ion matet.iatz o6 m.inetat o tigin witt be needed Jon devetopment to occur, and 6osd.it Juetz w.itt be committed bon tong periods to zat.isJy toeat energy demand; other env.inonmentat changes may oeeut as a nesutt o6 the propopsed Land use but the z.ign.i6.icance o6 the action shoutd be evatuated. Attennativez to the pnopoz ed action .include having no project. Such action w.itt pnobabty nesutt .in no devetopment on at the most, marginat devetopment oecur.ing on the site. The City and .6choot d.isxn.ictz would atzo zu66en Atom a tack of .ineteased revenue. 16 the Pnojeet Anea is devetoped with a tower eommetc.iat density, thete would be a d.izptacement of biotic inhabitants; a reduction .in demand 6 on e.netg y s uppt.ies may nes utt; a tess et amount o6 tevenuez would accrue to the city and schoot d.izt,%ictA but gteatet than the ptezent revenue .i6 the Land continues .in its vacant category. A h.ighet commetc.iat density would ptace a gteatet demand on energy zuppties and Vtanapontat.ion netwonkA; the totat tta66.ie votume may .inetease as would noise tevetz and a.ir pottution. Thete would be tez6 ons.ite area te6t Jon tandzcap.ing or other aesthetic add.it ionz . A h.ighet commetc.iat density would yietd greatet tevenuez to the City and schoot d.iztn.icta . f The pnoposed Redevetopment Ptan can be conzidened a baetorc whisk in conjunction with the po. icie�s ob the City, wilt induce and introduce economic growth. The implementation o b the prco pops ed Redevetopment Ptan zhoutd a.ttow the Project Anea to achieve the tevet ob growth provided bon in the pnezentty adopted Genenat Ptan. Page 7 ; Section- -9--£nbertatenta�-9ettng ' Section 3. 0 Envinonmentat Setting Page 9; Section 2 . 1.1. 3 The term "Newport-Inglewood Structural Zone" is applied to the complex elongated zone of folds and faults present in the sedimentary bedrock beneath the Los Angeles-Orange County coastal plain. The localization of the structural zone in this area is thought to be due to the presence of a master fault in the crystalline basement rock that underlies the sedimentary bedrock of the Los Angeles Basin. Movement on this master fault has placed continuing stress on the overlying sedimentary bedrock, which has responded by folding and. rupturing in the complex "wrench" pattern discussed above. Page 19; Seetien-3-6--£n�i�er ►eatai-�atgaets-easel-Mitie�ating-Measises- Section 4 . 0 Envi&onmentat Impaetz and Mitigating Meadunez Page 23; Section 3 . 4 Cultural Resources It is recommended that a qualified archaeologist sufficiently clear construction areas of archaeological data prior to any grading for development. An archaeologist should also be present during all phases of grubbing and grading. If significant data are discovered during grading, the machinery should be. diverted until adequate salvage is performed. Page 27; Section 3. 8. 1 Police Service The 'Police Department operates from one police facility located in the south central section of the City near Main Street and Mansien Vo)Lktown Avenue. The present level of police manning is. approximately 1. 14 officers per 1000 Persons . �i�e-prepesed-ehange-ia-panel-nse-�aetxiel-�est�it-in-a-aet-ti�- e�eased-pepaiatien-ef-3;3��. Police levels would have to be increased by two officers to provide adequate protection to the new residents. I Page 37; Seetiea-4- --�iite�nat �tes-te-tfle-Prepeseel-Aetier� Section 5. 0 Attennatives to .the Pnopo6ed Action Page 38; Section 4. 2 Eminent Domain for Public Project The impacts from such public facilities would not be as substantial as those generated by a shopping center. However, revenues accruing to the City and school districts would be nil or considerably less than those generated by commercial uses. Page 41; Seeter�- - --6e�t-�e�m-F3ses-aael-Deng-het-P�ednetYTatp Section 6. 0 Short Tenm Usea and Long Tenm Productivity Page 43; Ssete -6- --���e�e�si��e-Env �enxteata�-2i�anges Section 7 . 0 Inneven�sibte Envitonmentat Changez Page 45; Seeter�- -6--6�®nth- r�elt�et�J-�xipaets Section 8 . 0 Growth Inducing Impacts 31 ?.Qb, REQUEST FO EDEVELOPMENT AGENCY ACTIO Date Agri 1 15, 1982 Submitted to: Honorable Chairperson and Redevelopment Agency � Submit S Submitted by: Charles W. Thompson, City Administrator � Preperedby: O)Tom Tincher, Director of Business and Industrial Enterprise 1r Subject: RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS FOR ENTERING INTO FINANCING LEASES OR AGREEMENTS TO FINANCE A COMMERCIAL PROJECT TO BE CONSTRUCTED AND DEVELOPED BY .L.C. SMULL AND/OR BUSINESS PROPERTIES PARTNERSHIP NO. 22 Stetement of Issue, Reoommendetion,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Attached is a resolution which, if adopted, would fulfill the initial Federal re- quirement to provide tax exempt financing for the Business Properties Project with- in the Warner/Goldenwest Redevelopment Area. RECOMMENDATION.: Adopt resolution. ANALYSIS: The adoption of this resolution is simply a preliminary step that is required under Federal taxing laws. Before such bonds might be issued or financing leases or agreements executed, additional. Agency authorization would have to be obtained. In light of the current economic climate and private financing realities, it is apparent that projects such as the commercial center being proposed at Warner and Goldenwest will be difficult to accomplish without viable financing options. The type of agreements that would ultimately be executed to bring tax exempt financing for such a project would be structured in a way that there would be no City or Agency financial obligation involved beyond the revenues generated by the project itself. Therefore, the exposure or financial liabilities of the Agency or City is limited, if not non-existent, as you will see if and when such agreements are brought forward for your consideration in the future. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTIONS: The Agency may wish not to execute this agreement and, therefore, would preclude the ability of the Agency to provide tax exempt status for the financing of the Warner/Goldenwest Redevelopment Project. ATTACHMENTS: 1. Resolution CWT:TT:jb � 1 RESOLUTION NO. A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF BONDS FOR ENTER- ING INTO FINANCING LEASES OR AGREEMENTS FOR THE PURPOSE OF FINANCING COMMERCIAL STRUCTURES AND RE- LATED COMMERCIAL FACILITIES TO BE CONSTRUCTED AND DEVELOPED BY L. C. SKULL AND/OR BUSINESS PROPERTIES PARTNERSHIP NO. 22 RESOLVED by the Huntington Beach Redevelopment Agency as follows : WHEREAS, the Agency is authorized by the Community Redevelop- ment Law of the State of California, constituting Part 1 of Division 24 of the Health and Safety Code , including without lim- itation Chapter 8 thereof, to issue and sell its bonds for the purpose of financing commercial structures located within rede- velopment project areas of the Agency and to enter into financing leases or installment sale agreements for such purposes ; and L. C. Smull and/or Business Properties Partnership No. 22 has requested or may request the Agency to issue and sell its bonds or enter into financing leases or installment sale agree- ments for the purpose of financing commercial development, to- gether with related commercial structures and auxiliary facilities , to be constructed and developed by the developer in a redevelop- ment survey or project area of the Agency , and the Agency wishes to induce the developer to construct and develop the project in said area; and It is in the public interest, for public benefit and in fur- therance of the public purposes of the Agency that the Agency au- thorize such financing for the aforesaid purposes , THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows : 1 . The Huntington Beach Redevelopment Agency hereby au- ahb 4/13/82 1. thorizes the financing by the Agency pursuant to the law in a principal amount not to exceed ten million dollars ( $10 ,000 ,000 ) for the purpose of providing permanent and/or construction fi- nancing to the developer, his successors and assigns, for the project to be located at the Warner/Goldenwest Redevelopment Project Area in the city of Huntington Beach, California. It is presently proposed that the obligation of the Agency under any financing shall be payable from, among other things , the revenues to be derived by the Agency from the sale , lease or loan with re- spect to the project . The term "financing" as used herein means any of the following • (a) The issuance of bonds or other obligations of the Agency under the law to finance the acquisition of the project by the Agency; or (b) Entering one or more financing leases or in- stallment sale agreements under the law with respect to the project for the permanent and/or construction financing r thereof pursuant to the law; or ( c) Purchase of mortgages . 2. Any such financing shall be upon the terms and conditions as they may be mutually agreed upon by Agency, the developer and the purchaser of Agency obligations and shall be authorized by resolution of the Agency at a meeting duly held and constructed for such purpose. 3. Proceeds of any such financing shall include such re- lated and necessary issuance expenses , administrative costs, debt service reserves and interest payments as may be required to accomplish successfully the financing. 4 . It is intended that this resolution shall constitute such official action toward the issuance of the bonds within the meaning of the United States Treasury Regulations, United States Tax Laws, and any legislation now or hereinafter pending in the Congress of the United States which may require official action in order for the bonds to be exempt from Federal income taxation. 2. • 5 . The Agency secretary shall certify to the adoption of this resolution and provide for appropriate distribution thereof . PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the __ day of_ 1982. Chairman ATTEST: APPROVED AS TO FORM: A Secretary Legal iser --4 REVIEWED AND APPROVED INITIATED AND APPROVED: Chief Executive Officer Director of Business and Industrial Enterprise i I, i 3 • CITY OF HUN` INGTON BEACH INTER-DEPARTMEN'r COMMUNICATION HUNTINGTON BEACH - - To TOM TINCHER, Director From ROBERT C . SANGSTER Business & Industrial Enterprise ` Deputy City Attorney Subject Goldenwest Redevelopment Date September 10, 1982 Attached for your files are copies of deeds and other materials referenced in the letter to Gary Glick. Concurrently, I am preparing the necessary .documents to transfer the funds for purchase . of the Cox, 'Ladner and- Patzold lots from Gail Hutton 's estate account t.o the city . Please note the deed form we prepared . Prior deeds have contained numerous errors, so, perhaps , we can use these as prototypes . Among the errors in the earlier deeds I was furnished are : 1 . Incorrect acknowledgement . Public agency acknowledge- ments, are to be in the form prescribed. by Civil Code §1191 . The form for a general corporation is not correct . 2. Incorrect signature clauses . They should read, "Redevelopment Agency of the City of Huntington Beach, " followed by the signatures of the responsible officials . It makes no practical difference whether the. Chief Executive Officer or the Chairman signs. I know of no reason why the secretary has to sign as anything other than as an attesting officer; the presumption of authority . by having two officers sign applicable to deeds of general corporations is not applicable to public agencies , (Corporations Code §313) . The City Attorney should only approve 'as to form, and not as one of the granting officers . 3. A nondiscrimination clause is required; note that Health and Safety Code §33436 has been amended and the old form should not be used 4. None of the prior deeds apparently contains any condition that the property be used in conformity with the redevel- opment .plan. This is required by Health and Safety Code §33432 . It might also -be advisable to record the .parti- cipation agreement and require use in conformity with it . 5 . One deed contains a reference to it being a transfer pursuant .to a final order of condemnation. - This recital has no place in a deed "out" by the agency. Memo to Tom Tincher Page Two . September 10, 1932 Re : Goldenwest Redevelopment 6 . We should revise the form for resolutions of approval of sale of property by the Redevelopment Agency to include a clause authorizing the Chief Executive Officer to execute deeds and other instruments necessary to convey the. property . 7 . Corporation Grant .Deed forms should not be used . 8 . The - Redevelopment Agency is a public agency but not a municipal corporation. 9. _ All deeds must be approved as to form by the City Attorney . If you will supply our office with the necessary information, including preliminary title; reports, we .will prepare the deeds . GAIL HUTTOPI City Att rney • By ROBERT C. SANGSTER Deputy City Attorney RCS :bb Attachments REQUEST REDEVELOPMENT AGENCY ACT 0 )on c�� Date. August 26, 1982 Submitted to: Honorable Chairperson_: and Redevelopment Agency APPROVED By CITY COUN Submitted by: Charles W. Thompson, City Administrate —cIL Prepared by: 9'rom Tincher, Director of Business and Industrial t�er-pri. e- Subject: CONVEYANCE OF REAL PROPERTY IN�CONFORMANCE WITH THE PARTICI��ONITYCL, rc AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND L.C. SMULL Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: A / STATEMENT OF ISSUE: I The Redevelopment Agency is obligated under the participation agreement for the Warner-Goldenwest Redevelopment Project to convey parcels in the project area upon final order of condemnation to the participant under the agreement, L.C. Smull . The attached resolution would authorize the conveyance of such parcels from the Redevelopment Agency to L.C. Smull . RECOMMENDATION: Adopt the attached Resolution No. 39 and authorize its execution by the Chair- person of the Redevelopment Agency and the Secretary conveying Lot 13, Block C within the Warner-Goldenwest Redevelopment Project Area to L.C. Smull . AND Adopt the attached Resolution No. 40 and authorize its execution by the Chair- person of the Redevelopment Agency and the Secretary authorizing conveyance of Lot 78 and Lot 113, Block C, and Lot 89, Block D within the Warner-Goldenwest Project Area to L.C. Smull upon satisfactory closure of probate. ANALYSIS: On August 11., 1982, the Superior Court of the State of California., County of Orange, passed 'the Final Order of Condemnation for an additional lot within the Warner- Goldenwest Redevelopment Project Area. . This lot is Lot 13, Block C, and the certified copy of the Final Order is attached. Paragraphs 104 et seq. of the Participation Agreement between the Redevelopment Agency and L.C. Smull require that title to this lot now be conveyed. The Agency has previously authorized L.C. Smull to transfer certain parcels within the Warner-Goldenwest Redevelopment Project Area to other parties for the purpose of securing development financing (Resolution No. 38 approved August 16, 1982). L.C. Smull has opened an escrow to effect this transfer of parcels and this escrow will close prior to the Agency's next meeting. However, a portion of. the property to be transferred is still in probate and title to these lots has not yet been vested with the Agency. Plp 4/81 1 r The lots still in probate are lots 78 and 113, Block C; and lot 89, Block D. It is anticipated that probate will be concluded in sufficient time to accom- modate Mr. Smull ' s escrow. However, the Redevelopment Agency will not again meet before close of escrow. Therefore, the attached Resolution No. 40 authorizes the Agency' s officers to execute the documents conveying title to the probate lots immediately upon the close of probate and without subsequent action by the Agency. In this way, title will run smoothly and without delay from the estate of the private owner to the Redevelopment Agency and, in turn, to L.C. Smull . Mr. Smull may then show evidence of clear title to the escrow officers and, upon close of escrow, the property will be transferred to these entities providing development financing. FUNDING SOURCES: None required. ATTACHMENTS: 1. Resolution 2. Final Order of Condemnation CWT:TT:SVK:jb RESOLUTION N0. 39 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING SALE OF CER— TAIN REAL PROPERTY (LOT 13, BLOCK C) IN THE WARNER/GOLDENWEST PROJECT AREA FOR REDEVELOPMENT PURPOSES TO L. C. SMULL The Redevelopment Agency of the City of Huntington Beach hereby resolves as follows : SECTION 1. The Redevelopment Agency of the City of Huntington Beach hereby authorizes conveyance of real property, located in the Warner/Goldenwest Project Area, to L. C. Smull , more -particularly described as : All that certain real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Lot 13 of Block C of Tract No. 392 as shown on a map recorded in Book 16 , page 5 of Miscellaneous Maps , records of Orange County, California. SECTION 2. Pursuant to California Government Code section 65402, a public meeting was held before the Planning Commission at which time it was determined that the Fedevelopment Plan for the Warner/Goldenwest Small Lot Redevelopment Project conformed to the city' s general plan. SECTION 3. The sale of 'such real property shall be pursuant to the Redevelopment Plan, adopted by Ordinance No. 2212, and paragraphs 104 et seq . of the Participation Agreement by and be— tween the Redevelopment Agency of the City of Huntington Beach and L. C. Smull, dated January 5, 1978. SECTION 4. Any deed or other instrument of conveyance shall be subject to the nondiscrimination clauses required by California Health and Safety Code section 33436. 74 RCS: ahb � f 8/24/82 1. w PASSED AND ADOPTED by the Redevelopment Agency of- the "City of Huntington-Beach at a regular meeting thereof held on the 7th day of SQptemher , 1982. U`4 vow Chairman ATTEST : APPROVED AS TO FORM: 7 Iwo. Secretary Citj Attorney and Le al Adviser REVIEWED AND APPROVED: INITIATED AND APPROVED: 1 Chief Executive Officer Director of Business . and Industrial Enterprise ! _ - 7 " i-4 - - - - - 2. ` - _ . .. . . . : .. • • . Res. No. . 39 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON- BEACH) I , ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY` : CERTIFY that the foregoing resolution was duly adopted by..tiie. Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the ,th ; day . of September , 1982 , and that it was so adopted,by the following vote: AYES: Members: Thomas MacAl3istery�Jandi c, Finley- Bailey- Kal :x r, NOES: Members: NnnP „ .. .. .-....., . S ABSENT: Members : Fki'i Patti nson "} Secretary of the e eve opment. gency :�::,= of the City of. Huntington Beach ;k__.Ca.:-< sf t t t���_ �• 'Siik ti IUK RESOLUTION N0. 40 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING SALE OF CERTAIN REAL PROPERTY (LOT 78 AND 113, BLOCK C AND LOT 89, BLOCK D) IN THE WARNER/GOLDENWEST PROJECT AREA FOR REDEVELOPMENT PURPOSES TO L. C . SMULL The Redevelopment Agency of the City of Huntington Beach hereby resolves as follows : SECTION 1 . The Redevelopment Agency of the City of Huntington Beach hereby authorizes conveyance of real property , located in the Warner/Goldenwest Project Area, to L. C . Smull , more particularly described as : All that certain real property in the City of Huntington Beach, County of Orange , State of California, described as follows : Lot 78 and 113 of Block C and Lot 89 of Block D of Tract 392 as shown on a map recorded in Book 16 , Page 5 of Miscellaneous Maps , records of Orange County , California . SECTION 2 . Pursuant to California Government Code section 65402, a public meeting was held before the Planning Commission at which time it was determined that the Redevelopment Plan for the Warner/Goldenwest Small Lot Redevelopment Project conformed to the city ' s general plan . SECTION 3 . The sale of such real property shall be pursuant to the Redevelopment Plan, adopted by Ordinance No . 2212 , and paragraphs 104 et seq. of the Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and L. C . Smull, dated January 5 , 1978 . SECTION 4 . Any deed or other instrument of conveyance shall be subject to the nondiscrimination clauses required by California Health and Safety Code section 33436 . RCS : fl W 26/82 1 . PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 7th day of September 1982 . C Fi a ma ATTEST : APPROVED AS TO FORM: - ---- ---------------- Secretary City Attorney and 1 Adviser � . REVIEWED AND APPROVED: INITIATED AND APPROVED: hief Executive Of icer Director of Business and r.., Industrial Enterprise 2 . • • Res. No. 40 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) r—� CITY OF HUNTINGTON BEACH) I , ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 7th day of September 19 82, and that it was so adopted by the following vote: AYES: Members: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Members: L4 None ABSENT: Members : Pattinson 'Secretary of the Redevelopment Agency of the City of Huntington Beach, Ca. 2 � 33 ' ba 14. 1 1 � .. 1243 1A£ t�f!3 OFFICIA RECORDRECQROUNG REGUE'TOFsa county, CALIFORNIA f / BY AND MAIL 7 EXEi�IP 1" 490 PM AUG 21 '81 I; ] j STEPHEN M. CHASE C 8 I II Attorney at Law LEE A. BRAW, County RecWef 2 1151 Dove St. , Suite 160 j i! Newport Beach, California• 92660 R ` (714) 833-1841 v5 Attorney for Plaintiff ' 5LEF j' 7 i I SUPERIOR COURT OF THE STATE .OF CALIFORNIA I 9 �I FOR THE COUNTY OF ORANGE j 1 10 �!I 11 �� REDEVELOPMENT AGENCY::OF THE ) NO. 32 19 41 II CITY OF HUNTINGTON BEACH, ) 12 I ,Plaintiff )- 13 (I : FINAL L II vs. ) ORDER OF CONDEMNATION 11i ) PURSUANT TO STIPULATION I� janRTF S9 DRYNVI, et al. , j (Parcel I.3-•C 15 I� Defendants. ). 16 + ) 17 �! Judgment in condemnation having been entAred in the 18 {� above entitled matter and it appearing to the satisfaction of the r i 19ii court that plaintiff has paid defendants, Donald A. Dryden, 20 y individually and as Executor of the Estate of Marie w. Drynan, 21II I II Dale M. Stewart and Byrle June . Stewart- the sun of $15,000 by 22 depositing into court the sum of money as required .by said II 2.3 judgment as just compensation for all claims and demands of 24 �` defendant against plaintiff on account of taking in .fee simple 25 �i Lot 13 of Block C of Tract No. 392 as shown on a map recorded in I II 26 � Book 16; Page 5 of Miscellaneous Maps, records of Orange County, 27 California, said property being located in the ,City of Huntington 28 ! Beach, . Orange County, .California. l V . W .3 �r I l IT IS ORDERED AND ADJUDGED that fee simple title to j I 2 the parcel. of real property described in the above - paragraph Ii: 3 :! is hereby condemned to and be taken for the public use stated in 4 ', the Complaint in this action for redevelopment purposes and is 5 �I so taken in fee simple absolute. � Upon filing a certified copy of the Final Order of j Condemnation, with the County Recorder of the County of Orange, 8 (j State of California, the fee simple title to the real property i � I 9 described above shall vest in plaintiff, its successors and 10 a� ssigns. 11 I IT IS FURTHER ORDERED AND ADJUDGED that there are no I 12 unpaid real property taxes, assessments or penalties due and 13I owing to the County of Orange on said real property described 14 i hereinabove. 15 'I 1T IS FURTHER ORDERED AND ADJUDGED that all- liens, 16 � I charges, conditions and 'restrictions, upon the interest in. the real 17 property described..hereinabove including but not limited to all 18 real property .taxes, assessments, penalties and costs from and 19 after the date of this Final Order of Condemnation are terminated, 20 I cancelled and extinguished. I 21 DATED: AUG i t "1�$1 ' i 22 23 JUDGE, SUPERIOR COURT / 24 / 25 AHIS INSTRUMENT IS AA CORRECT COPY OF THE ORIGINAL 24 f' ATTEST: LEE A. BRANCH 27 County Clerk and '_rM at the k-, Y:-J �di et I Superior Court of t`,e S a: e: Cilitbrnia' .A in d for"fhz c r y of Oran&e .t .,-. 28 CALIF 0RT1� EPUTY 2. I - • OFFICE OF - ota°":'""°"aF,= CITY A T T-O R N E Y 9 s4 P.O.BOX 190 2000 MAIN STREET s�f "PI 6 HUNTINGTON BEACH CALIFORNIA 92648 GAIL HUTTON September 9 , 1982 TELEPHONE City Attorney (714)536-5555 Gary Glick; Esq. Law Offices of Hal A. Young, Jr. 13400 Maxella Avenue, Suite 210 Marina Del Rey, Ca 90291 Re : Business Properties Dear Gary: As requested, I am attaching the following documents to this letter and handing them to your messenger: 1 . Copy ofamended request for- dismissal, withdrawal of lis pendens, and cover letter to title company in the Szabo case . - We are forwarding the .original dismissal to the court for filing . 2 . Three original deeds executed by Gail Hutton as administra- trix in favor of the redevelopment agency in the Patzold, Cox and Ladner estates , respectively conveying Lot 89 of Block D. Lot 78 of Block C, and Lot 113 of Block C, Tract No . 392 • 3 . Three original deeds executed by the Chief Executive Officer and Secretary of the redevelopment agency conveying the above properties to L.C . Smull The exhibit contains various clauses required by Health and Safety Code §§ 33436 and 33432 . 4 . Original deed to Lot 13 , Block C, Tract 392 , the Drynan parcel from the agency to Smull, with Exhibit. A . 5. Certified copies of resolutions bf the redevelopment agency approving the conveyances . For your information, Revenue and Taxation Code §11922 exempts deeds from the transfer tax where the agency is acquiring title . Please advise if I can- be of further assistance . Yours truly, GATL HUTTON City Attgx�ey by ROBERT C . SANGSTER Deputy City Attorney cc: Tom Tincher Gail Hutton RCS : fl 1 OFFICE OF. apN11NGl0,y q CITY ATTORNEY a P.O.BOX 190 2000 MAIN STREET 6f�ouNtr `�`tt HUNTINGTON BEACH CALIFORNIA 92648 s GAIL HUTTON TELEPHONE City Attorney (714)536-M5 September .9 , 1982 Larry Buster, Esq. First American Title Co 114 E . .Fifth Street Santa. Ana, CA 92701 Re : Szabo lot Dear .Larry, As requested by Gary Glick, attorney for L. C . Smu113 I am enclosing an amended request for dismissal of the entire action against Esther F. Szabo, et al . , with prejudice . Sorry for the mix up. I am also enclosing a withdrawal of the lis pendens .. This may be useful, although it is not signed by the adverse parties . Please call me if there are any problems . Yours% truly , Robert C . Sang :Z e -- RCS pp i Name,Address and Telephone No.of Attorney(s) Space Bb-..w for Use of Court Clerk Only GAIL HUTTON, City Attorney 2000 Main Street P. 0. Box 190 Hunti t n Be ch CA 92648 Tel. �M ) 53�6-5�55 ATTORNEY BAR #.. .. ......... .....�. .. � . ......... ... Attorney(s) for ...P l a i n t i f f SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CA 92702 Plalntlff(s): CITY OF HUNTINGTON BEACH, CASE NUMBER 190691 a municipal corporation AMENDED REQUEST FOR DISMISSAL TYPE OF ACTION Defendant(s):ESTHER F. SZABO, TRUSTEE, Personal Injury, Property Damage and Wrongful Death: et al. Motor Vehicle Other �] Domestic Relations ] Eminent Domain Other: (Specify) .................................. Abbreviated.Title TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) 1. iff With prejudice Without prejudice 2. Entire action [] Complaint only 0 Petition only [] -Cross-complaint only 0 Other: (Specify)' September 8, 1982 Dated: ................................................ ftatnttfl 'If dismissal requested Is of specified parties only, of specified Attorney(s) for....:............. causes of action only or of specified cross-complaints only, so ,state and identify the parties, causes of action or cross-complaints GAIL HUTTON to be dismissed. (Type or print attorney(s) name(s)) TO THE CLERK: Consent to the above dismissal is hereby given." • Dated`. ........... ........ .......... ............... —When a cross-complaint (or Response (Marriage) seeking affirma- Attorney(s) for.............................................. tive relief) is on file, the attorney(s) for the cross-complainant (respondent) must sign this consent when required by CCP 581(1), (2) or (5). (Type or print attorney(s) name(s)) (To be completed by clerk) _ ❑ Dismissal entered as requested on ............"....................................................................... ❑ Dismissal entered on ......................................as to only ........................:........................ ❑ Dismissal not entered as requested for the following reason(s), and attorney(s) notified on ..... ............. .................. 0 LEE A. BRANCH ,Clerk vDated................ ............................... By Deputy N ro o Form Adopted by Rule 982 of CCP 581, etc.; UThe Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of.Court, Revised Effective July 1;1972 ^3• 1 1 GAIL HUT70N, City Attorney 2000 Main Street 2 P. 0 . Box 190 Huntington. Beach, CA 92648 3 . Tel . (714) 536-5555 4 5 6 7 8 SUPERIOR, COURT 05 CALIFORNLA, COUNTY OF ORANGE 9 10 11 CITY OF HUNTINGTON BEACH, ) municipal corporation, ) NO. 1906.91 12 ) Plaintiff, ) NOTICE OF Wl`.':'HDRAWAL 13 ) V . ) OF LIS PEi`.DENS 14 E,STHER. F. SZABO , TRUSTEE , ) 15 et al . ) ) 16 Defendants . ) 17 18 NOTICE IS HEREBY GIVEN that the City of Huntington Beach; 19 a municipal corporation of the State of California and plaintiff 20 in the above entitled action_ , hereby withdraws the Lis Pendens 21 of the said action recorded on .larch 13 , 1972 , at Book 10035 , 22 Paje 30 , instrument number 9866 , and. dismisses said action with 23 prejudice . 24 -Dated : September 8 , 1982 . 25 GALL HUTTON, . C9tF gttorney 26 27 28 . Acknowledgement attached . I 1 ,I I 1 ` Case No . 190691. 2II 3 ACKNOWLEDGEMENT 4 � 5 STATE OF CALIFOMNIA, ) } SS . 6 COUNTY OF ORANGE. } 7 8 On September 9 , 1932 , before me, . the undersigned, a Notary 9lPublic in . and for said State, personally appeared GAIL HUTTON, 10 I1111 known to me (or proved tome on the basis of satisfactory evidence) 13. to .be the person who name is subscribed to this instrument and 12 ' acknowledged that she executed- same . 13 WITNESS my hand and official seal . 14 _ • ,-� OFFtrtAL SEAL 15 i I BETTE RARI(LA ��•'� NOTARY PUBLIC -CALIFORNIA ' 16 e BETTE BARILLA ORANGE COUNTY Notary Public " by Comm. expires DEC 26, 17 18 'j � . 19 I� 20 21 ' 22 23 24 1� 25 26 27 28 I j 11 2 . Order No. • • Escrow No. Loan No. WHEN RECORDED MAIL TO: Law Offices. o.f Hal A. Young, Jr. 13400 Maxella Avenue Suite 210 Marina Del Rey-, CA . 90291 (Re: Business Properties) SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $................................................ Computed on the consideration or value of property conveyed; OR ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowiedged Gail Hutton, Administrator with the Will Annexed of the Estate of Alfred Richard Patzold, pursuant to to Order of the Court made July 6, 1982 Redevelopment Agency of hereby GRANT(S) to _ the City of Huntington Beach the real property in the City of . Huntington Beach County of Orange State of California, described as Lot 89 of Block D of Tract No: 392 as shown on a map- recorded in Book 16 , Page 5 of Miscellaneous Maps, records of Orange County", .California. That portion of the South half of Huntington Place as vacated by that certain Resolution No. 4940 of the City Council of the City of Huntington Beach, a certified copy of. which was recorded December 16 , 1980 in Book 13875 , Page 1733 of said Official Records of said Orange County, adjoining said Lot 89 on the .North and bounded easterly and westerly by the northerly prolongation of .the easterly and westerly lines of said Lot 89 respectively. Excepting therefrom all oil, gas and other hydro carbons of a kindred nature, without the right of surface entry as conveyed to Ava, Inc. ,. a . California Corporation, by deed recorded July 12 , 1960 in Book 5324 , Page 254 of Official Records. Dated Julyh , 1982 Gail Hutton, Administrator with the `I'A7 L; OF CALIFORNIA )SS. COUNTY of C)Rgtqve- ) . On July 21, 182before me; the undersigned, a . Not,ary Public i_n and for said State , personally appeared Gail Hutton Known to me (or proved to me on the basis of satisfactory evidence ) to be the person whose name is subscribed to the within istrument and acknowledged that she executed same . 'i WITNESS my hand and fficia seal. ' BETfr ARiI.'.A NOTAG'( CA 'r0, Signature yey w u:[p. eY✓1!.S :)1.; fin, :2 1.., :3ceh 1 I_ LA Order No. • Escrow No. Loan No. " WHEN RECORDED MAIL TO: Law Offices of Hal -A. Young, Jr. 13400 Maxella Avenue Suite 210 Marina Del Rey, CA 90291 (Re : Business Properties) SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $................................................ X...Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of.sale. Signature.of Declarant or Agent determining tax — Firm Name Stephen M. Chase, Attorney at Law GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gail Hutton, Administrator of the Estate of Leo Loyd Cox, deceased, pursuant to Order of the Court made July 6 , 1982 Redevelopment Agency of the hereby GRANT(S) to. City of Huntington Beach the real property in the City of Huntington Beach County of Orange State of California, described as Lot 78 of Block C of' Tract No. 392 as shown on a map recorded in Book 16 , Page 5 of Miscellaneous Maps, Records of Orange County, California. That portion of the South half of Ocean Place as vacated by that certain Resolution No. 4940 of the City Council for the City of Huntington Beach, a certified copy of which was recorded December .16, 1980 in Book 13875 ,. Page 1733 of Official Records of said Orange . County, adjoining said Lot 78 on the North, bounded easterly and westerly by the prolongation of the easterly and westerly lines of said Lot 113, respectively. Excepting therefrom all water under said land but without right of surface entry to remove same. Dated 1982 1982 "TAIL OF CALIFORNIA )SS. (;OUN`i'Y OF ORANGE ) qn-July 21, 1982 before me , the undersigned, a - Notary Public -nan(! for said State , personally appeared GAIL HUTTON Known to me (or proved to me on the basis of. satisfactory OFFICIAL Sl A evidence ) to be the person �ahose name is subscribed to th BETTE t?AP.ILLA within istrument and. ackhowled. ed that she. executed same 5_ f ��oTARY Puc-c " cAtlror,;l.. WITNESS m hand and o icial seal. � y �;�= � ORANGE CDUiiTY Ik..y Cnrp;i, expires DEC 26, 19U Signature --- REDEVELOPMENT. AGENCY OF THE CITY OF HUNTINGTON BEACH DEED AUTHORIZATION This is to certify that the interest in real property conveyed by the deed or grant dated, July 15, 1982 from GAIL HUTTON, Administrator of the Estate of Leo Loyd Cox, decease to. the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH; a governmental agency, is hereby accepted by the undersigned officer or agent on behalf of ageftcy pursuant to authority conferred by Resolution 19 of the agency adopted by its.. : governing body on October 3., 1977, and the grantee_-donsents to recordation thereof by its duly authorized officer.. -'.: . Dated; September 9, 1982 . REDEVELOPMENT AGENCY:"OF. THE CITY OF HUNTINGTON BEACH By Qom, Secretary Aire tfu `i. i Order No. • • Escrow No. Loan No. WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $................................................ ......Computed on the consideration or value of property conveyed; OR ......Computed on the'consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of.'which is hereby acknowledged, .Gail Hutton, Administrator With t_he. Will Annexed of the Estate of Winriifred Bernice Ladner, pursuant to Order of the Court made August 12, 1982 hereby GRANT(S) to Redevelopment Agency' of The City of Huntington Beach the real property in the City of Huntington Beach County of Orange State of California, .described as Lot 113 of Block C of Tract No. . 392 , as shown. on a map recorded. in Book 16 , Page 5 of Miscellaneous Maps, records of Orange County, California .together with that portion -of the South half of Huntington Place as vacated by that certain Resolution No. 4940 of the City Council of the City of Huntington Beach a certified copy of which was recorded December 16, 1980 in Book 13875, Page 1733 of Official Records of said Orange County adjoining said Lot 113 on the North and bounded easterly and westerly by the prolongation • of the easterly and westerly lines of said Lot 113 , respectively. Excepting therefrom all water under said land but without right of surface entry to remove same. Dated August 17, 19.82 Gail Hutton, Administrator with the STATE OF CALIFORNIA ) Will Annexed of the Estate of COUNTY OF j ss Winriifred_ Bernice Ladner ORANGE ) On Aul; ]u t i before me, the undersigned, a Notary .Public in and for said State, personally appeared (,a l l 141 it,t_pn OFFtCiAI, SEAL pPrs�nal l v ., BETTE BARILLA known to me to be the person— whose name--1 s °m i° NOTARY PUBLIC - CALIFORNIA T h1 subscribed to the within instrument and acknowledged that +.•ro.•' y ORANGE COUNTY expires DEC 26, 1�E5 executed the same. WITNESS my h d and officialfeal. Signature _. __, _ )_ _ _ — (This area for. official notarial seal)" 1002 (10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE r �,der No. • • Escrow No. Loan No. WHEN RECORDED MAIL TO: Law Offices of Hal A. Young,Jr. 13400 Maxella Avenue, Ste`, 210 Marina Del Rey, CA 90291 (Re : Business Properties ) SPACE .ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $................................................ ......Computed on the consideration or value of.property conveyed; OR ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,. The Redevelopment Agency of the City of Huntington Beach hereby GRANT(S) to L. C . SMULL, a married man as his sole .and separate property the real property- in the City of. Huntington Beach County of . Orange State of California, described as Lot 89 of Block D of Tract No. 392 as shown on . a. map recorded in Book 16, Page 5 of Miscellaneous Maps, records of Orange County, California. That portion of the South half of Huntington Place as vacated by that certain Resolution No , 4940 of the City Council of the City of Huntington Beach, a certified copy of which was recorded.. December 16, 1980, in Book 13875, Page. 1733 of said Official Records of said Orange County, adjoining said Lot 89 on the North and bounded easterly and westerly by the- northerly prolon- gation of the easterly and westerly lines of said Lot 89 respectively. Excepting therefrom all. oil, gas and other hydro carbons of a kindred nature, without the right of surface entry as conveyed to. Ava, .Inc . , a California Corporation, by deed recorded July 12, 1960, in Book 5324, Page 254 of Official Records . This deed is subject to the nondiscrimination and redevelopment plan clauses attached hereto as exhibit A and incorporated by reference herein. REDEVELOPMENT AGENCY OF THE CITY OF. HUNTINGTON BEACH 100 Dated September 8, 1982 By f �xecuti ffic STATE OF CALIFORNIA ] ATTEST: NTY OF ss. — ] cre a r y On before me, the undersi4nec a Notary Public in and for said State, personally appeared APPROVED AS TO FORM t known to me tobe the person_ whose name\ subscribed to the within instrument and acknowledged that GAIL HUTTON, City executedthe.same. Attorney and Counsel WITNESS my hand and official seal. Signature _ —__ (This area for official notarial seal) 1002 (10/69) MAIL TAX GTATFMENTS S 'nIRFCTE- EXHIBIT A NONDISCRIMINAT-TON CLAUSE (Health & Safety Code 533436) The grantee herein convenants by and for himself or herself, his or her heirs , executors , administrators, and assigns , and all persons claiming under or through them, that there shall be no discrimination against .or segregation of, any person or group .of persons on account of race, color, creed, religion, sex,. marital status , national origin, or ancestry -in the sale , lease, sublease, transfer, . use, occupancy, tenure , or enjoyment- of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of. tenants, lessees , subtenants , sublesses ; or .vendees in the premises herein conveyed . The foregoing covenants shall run with the land. REDEVELOPMENT PLAN .CLAUSE This deed is made and accepted subject to all of the applicable provisions contained in that certain Redevelopment Plan recorded on December 27 , 1977, at Book 1250, page 494 et sea, . , as.- instrument number 34303, on file with the County Recorder of Orange County, California. The property shall be occupied, used, held conveyed, hypothecated, encumbered, leased, rented and improved subject to all the applicable terms, conditions, covenants and restrictions set forth in said Redevelopment Plan. The said applicable terms, conditions , covenants and restrictions shall run with the laic ]d be binding upon heirs, grantees, tenants , successors , _ assign..- all parties having or acquiring any right , title or interest. therein or any part thereof . STATE OF CALIFORNIA, COUNTY OF ORANGE . On September � 1982 , . before me , a Notary Public of the State of California, personally appeared Charles �1. Thompson, known to me to be the- Chief Executive Officer, and Connie Brockway, known to me to be the. Acting Secretary , of the Redevelopment Agency- of the City of Huntington Beach and known to me. .to be the persons .whb executed the within instrument on behalf of said. public agency and .acknow- ledged to me that such public agency executed the same . (Civil Code §1191) OFFICIAL SEAL EVELYN SCHUBERT t/ �• m NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm.expires MAR 25, 1983 EXHIBIT A i 4 Order No. • • Escrow No. Loan No. WHEN RECORDED MAIL TO: Law Offices of Hal A. Young,) 13400 Maxella Avenue, Ste_ . 210 Marina Del Rey, CA 90291 (Re : Business Properties ) SPACE ABOVE THIS LINE FOR RECORDER'S- USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $................................................ ......Computed on the consideration or value of property conveyed; OR ......Computed on the consideration or value less liens or.encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax- Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Redevelopment Agency of the City of Huntington Beach hereby GRANT(S) to L.C . SMULL; a married man . as _his sole and separate property . the real property in the City of . Huntington. Beach County of Orange State of California, described as Lot 78 of Block C of Tract . No . 392 as shown on a map . recorded . in Book 16, Page 5 of Miscellaneous Maps, Records of Orange County, California. That portion of the South half of Ocean Place. as . vacated by that. certain Resolution No 4940' .of the City Council for the City of Hunti'ngton Beach, a certified copy of which was recorded December 16, 1980, in Book 13875, Page 1733 of Official Records of said Orange County, adjoining said Lot 78 on. the North, bounded easterly and westerly by the prolongation of the easterly and westerly lines of said Lot 113_, respectively . Excepting therefrom all water under said land but without right of surface entry to remove same . This deed- is subject to the nondiscrimination and redevelopment plan clauses attached -hereto as 'exhibit A and incorporated by reference herein. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH September 8, 1982 By Dated _C Chief Executive fficer STATE OF CALIFOPNIA ] CO TY OF ss. ecre ary On before me, the undersigned, a Notary Public in and for said State, personally appeared� APPROVED AS TO FORM known to me to be the person_ whose name GAIL HUTTON, City subscribed to the within instrument and acknowledged that Attorney and Counsel executed the same. WITNESS my hand and official seal. Signature �;� (This area .for official notarial seal) 1002 (10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A NONDISCRIMINAT.ION CLAUSE (Health & Safety Code §33436) The grantee herein convenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all .persons claiming under or . through them, that there shall be no discrimination against or segregation of,' any person or group of persons on account of race, color, creed, religion, sex,_ marital status , national origin, or ancestry in the sale , lease , sublea-se, transfer, use , occupancy, tenure , or enjoyment of the premises herein conveyed, nor shall the grantee or .any person claiming under or through him .o.r- her, establish or permit any such practice -or practices of discrimination or segregation with reference to the selection; location, number, use or occupancy of tenants , lessees, subtenants , subleases, or vendees in the premises herein conveyed. The foregoing_-covenants shall run with the land. REDEVELOPMENT PLAN CLAUSE ' This deed is rude and accepted subject to all of the applicable provisions contained in that certain Redevelopment Plan recorded on December 27, 1977 , at Book 1250, page 494 et seq., as instrument number 34303, on file with the County Recorder of Orange .County, California. The property shall be occupied, used, held conveyed , hypothecated, encumbered, leased, rented and improved subject to all the applicable terms, conditions , covenants and restrictions set forth in said Redevelopment .Plan. The said applicable terms , conditions , covenants and restrictions shall run rrith the land and be binding upon heirs , grantees , tenants , successors , assigns and all parties having or acquiring any right., title or interest therein .. or any part thereof . STATE OF CALIFORNIA, COUNTY OF ORANGE. On September 1982 , before me, a Notary Public or the State of California, personally appeared Charles W. Thompson, known to me to be the Chief Executive Officer, and Connie Brockway, known to to be the Acting Secretary, of the Redevelopment Agency- of the City of Huntington Beach and known to me to be the persons whb executed the within instrument on behalf of said public agency and acknow- ledged to me that such public agency executed the same. (Civil Code §1191) 01FRIC1AL SEAL r EVELYN SCHUBERT NOT PUBLIC CAtIFORNIA ORANGE COUNTY My comm. expires MAR 25, 1983 EXHIBIT A f F , i le Order No. • • Escrow No. Loan No. WHEN RECORDED MAIL TO: Law Offices of Hal A. Young.,).. 13400 Maxella Avenue, Ste . 210 Marina Del Rey , CA 90291 (Re : Business Properties) SPACE ABOVE .THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $................................................ Computed on the consideration or value of property conveyed; OR ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which- is hereby acknowledged, The Redevelopment Agency of the City of Huntington Beach hereby GRANT(S) to L. C . SMULL, a married man as his.. sole and separate property the real property in the City of Huntington Beach County of Orange State of California, described as Lot 113. of Block C of Tract. No . 392, as shown on a map recorded in Book 16, Page 5 of Miscellaneous Maps , records of Orange County, California together with that portion of the South half of Huntington Place as vacated by that certain Resolution -No . 4940 of the City Council of the City of Huntington Beach, a certified copy of which was recorded December 16, 1980, in Book 13875, Page 1733 of Official Records of said Orange County, adjoining said Lot 113 on the North and bounded easterly and westerly by the prolongation of the ealsterly and westerly lines of said Lot 113',. respectively . Excepting therefrom all water under said land but without right of surface entry to remove same . This deed is subject to the nondiscrimination and redevelopment plan . clauses , attached hereto as exhibit A and incorporated by reference herein. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH September 8, 1982 By Dated Chief Executive Officer STATE. OF CALIFORNIA ] ATTE= COUNTY OF ss. - - ecretary On • before me, the undersigned, a Notary Public in and for said , State, personally appeared APPROVED AS. TO FORM known to me to be the person, whose name GAIL HUTTON, City subscribed to the within instrument and acknowledged that executed the same. Attorney and. Counsel WITNESS my hand and official seal. Signature - -(This area for official notarial .seal) 1002 (10/69) MAIL TAX STATEMENTS A�, nIRFC:TFn ARovF EXHIBIT A NONDISCRIMINATION CLAUSE (Health & Safety Code §33436) The grantee herein convenant's by and for himself or herself, his or her heirs , executors, administrators, and 'assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of . persons on account of race , color, creed, religion, sex; marital status, national origin, or ancestry in the sale , lease, sublease, transfer, use ; occupancy, tenure , or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit . any such practice or practices .of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants , lessees, subtenants , sublesses ,. or vendees in the premises herein conveyed . The foregoing covenants shall run with the land REDEVELOPMENT PLAN CLAUSE ' This deed is made and accepted subject to all of the applicable provisions contained in that certain Redevelopment Plan recorded on December 27, 1977 , at Book 1250, page 494 et seq . , as- instrument number 34303, on file with the County 'Recorder of Orange County, California. The property shall be occupied, used, held conveyed , hypothecated, encumbered, leased, rented and improved subject to all the applicable terms, Condit-ions, covenants and restrictions set forth in said. Redevelopment. Plan. The said applicable terms , conditions , covenants and restrictions shall .run :-with the land and be binding upon heirs, grantees, tenants , successors , assigns and all parties having or acquiring any right , title 'or interest therein or. any part thereof . STATE OF CALIFORNIA, COUNTY OF ORANGE. On September � 1982, b.efore me,. a. Notary Public of the State of California, personally appeared Charles W. Thompson, known to me to be the . Chief Executive Officer, and Connie Brockway, known to me . to be the Acting Secretary , of the Redevelopment Agency' of the City of Huntington Beach and known to me to be the persons whb executed the within instrument on behalf of said public agency and acknow- ledged to me that such public agency executed the same . . (Civil Code §1191) OFFICIAL SEAL �'� &laz EVELYN SCHUBERT a NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY a"o My Comm. expires MAR 25, 1983 EXHIBIT A �k : l�Order No. • • Escrow No. Loan No. WHEN RECORDED MAIL TO: Law Offices of Hal A. Young,J . . 13400 Maxella Avenue, Ste . 210 Marina Del Rey, CA 90291 (Re : Business Properties) SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $................................................ ......Computed on the consideration or value of property conveyed; OR ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax— Firm Name GRANT DEED FOR A VALUABLE .CONSIDERATION, receipt of which is hereby acknowledged, The Redevelopment Agency of the City of Huntington Beach* hereby GRANT(S) to L. C . SMULL, a married man as his sole and separate property _ the real property.in the City of Huntington Beach . County of Orange State of California, described as Lot 13 of Block C of Tract No, 392, as shown on a map recorded in Book 16, Page 5 of Miscellaneous Maps , Records of Orange County, California. ` Together with the South one-half of Ocean Place adjoining said Lot 13 on the North as said Ocean Place is shown on said map, and as vacated by that certain Resolution number 494o of the City Council of the .City of Huntington Beach, a certified copy of which was. recorded December 16, 198o, • in Book 13875, Page 1733 of Official Records of said Orange County, said portion being bounded on .the .west by the northerly ,prolongation of the west line of said Lot 13, and bounded on the east .by the northerly prolongation of the east line of said Lot 13 . Excepting. therefrom all water under said land but without right of .surface entry to remove same . REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH Dated September 8, . 1982 B<�h ef 4cue Of icer .S~rkTE OF CALIFORNIA J ATTEST: COU17K 1 ss. Secretary On before me, the undersigned.. a Notary. Public in and for said State, personally appeared APP OVED AS TO FORM known to me to be the person— whose name subscribed to the within instrument and acknowledged that GAIL HUTTON, City executed`the,same. Attorney and Counsel WITNESS 'my hand and official seal. . Signature (This area for official notarial seal) 1002 (10/69) MAIL TAX STATEMENTS AS DIRF..CT17.0 AROVF EXHIBIT A NONDISCRIMINATION CLAUSE (Health Safety Lode §33436) .The grantee herein convenants by and for himself or herself, his or he.r heirs , exe-cutor.s,.. administrators, and assigns , and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any .person or group of persons on account of race, color, creed, religion, sex, marital status , national origin, or ancestry in the sale , lease, ..sublease, transfer, use, 'occupancy, tenure, or enjoyment of .the premises herein conveyed, nor shall the .grantee or any person claiming under . or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants , lessees, subtenants , subleases , or vendees in the premises herein conveyed . The foregoing covenants shall run with the land. REDEVELOPMENT PLAN CLAUSE •. This deed is made and accepted. subject. to all of the applicable provisions contained in that certain Redevelopment Plan recorded on December 27, 1977 , at Book 1250 , page 494 et sec . , as- instrument number 34303, on file with the County Recorder of Orange County, California. The property shall be occupied, used, held conveyed, hypothecated„encumbered, leased, . rented and improved subject to all the applicable terms, conditions, covenants and restrictions set forth .-in said Redevelopment Plan. The said applicable terms , . conditions , covenants and restrictions shall run with the land •and. -be binding upon heirs, grantees, tenants , successors , assigns and all parties having. or acquiring any right , - title or interest therein or any part thereof . STATE OF CALIFORNIA, COUNTY OF ORANGE. On September _ , 19823 before me, a Notary Public of the State of California, pef'sonally . appeared Charles W. Thompson, known to me to be the= Chief Executive Officer, and Connie Brockway, known to me to be the Acting Secretary, of the Redevelopment Agency of the City of Huntington* Beach and known to me to be the persons who executed the within instrument. on behalf of said public agency and acknow- ledged to me that such. public agency executed the same . (Civil Code §1191) TOFFICIAL SEALN SCHUBERTNOUBLIC • CALIF04NIA ORANGE COUNTY My comm. expires MAR 25, 1983 EXHIBIT A N; � REQUEST FO?REDEVELOPMENT AGENCY ACTI. M Date August 11, 1982 Submitted to: Honorable Chairperson and Redevelopment Ag cy By Submitted by: Charles W. Thompson, City Administrat P� Prepared by: 'lAom Tincher, Director of Business and Industrial Enterprise 0 Subject: APPROVAL OF TRANSFER OF PROPERTY TITLE BY L.C. SMULL TO SECURE DEVELOPMENT FINANCING Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Under the provisions .of the Participation -Agreement between the Huntington - Beach-Redevelopment Agency and L.C. Smull for the Warner-Goldenwest Redevelopment Proj- ect Area, it is required that the Agency approve any transfer of ownership which occurs prior to the issuance of a certificate of occupancy for the project. Mr. Smull proposes to transfer title to secure development financing and the attached resolution constitutes the Agency' s approval of such transfer. RECOMMENDATION: Adopt the attached Resolution No. 38 and authorize its execution by the Chair- person of the Redevelopment Agency and the Secretary authorizing transfer of Parcels 1-9 of Parcel Map 82-560 within the Warner-Goldenwest Redevelopment Proj- ect Area by L.C. Smull to the entities identified below for the purposes of securing development financing. Parcel 4 to Albertsons, Inc. , a Delaware Corporation ("Albertsons") ; Parcel 7-to Sav-On Realty, Inc. , a California Corporation ("-Sav-On") ; --and Parcel 1 to the Bank of Westminster, a California Corporation ("Bank"). Each of these purchasers shall take subject to all of the rights and obligations under the Participation Agreement. Parcels 1 through 9 (which may or may not include Parcels 1, 4 and 7 - depending on their actual dates of transfer, if at all , to Albertsons, Sav-On and Bank) to Downey Savings and Loan Association, a California Corporation ("Downey"), in compliance with the provisions of Partici- pation Agreement and specifically Sections 108, 309 and 310. This transfer of title to Downey is for financing purposes to enable Smull to develop the Project and shall not relieve Smull from all of the obligations under the Participation Agreement. ANALYSIS: The attached resolution is prepared at the written request of. L.C: Smull as con- veyed by his attorney, Hal A. Young, Jr. , in the attached letter. Section 108, 309 and 310 of the Participation Agreement between the Huntington Beach Redevelopment. Agency and L.C. Smull. for-the Warner-Gol.denwest Redevelopment Project require that, before L.C. Smull may transfer., convey or otherwise assign title to real property within the Project. Area, such transfer must be approved by the Agency. The attached resolution approves such a transfer as proposed by L.C. Smull to facilitate the provision of development financing. Both the Participation Agreement (and attached Resolution) further state that the entities to which title will be transferred shall be subject to all the rights and obligations of the Participation Agreement. The Participation Agreement also provides that L.C. Smull remains responsible for implementation of the project despite this transfer of title. The resolution also provides that the language of the instrument used to transfer title is subject to approval by the City Attorney prior to the transfer. Since the purpose of this transfer is solely to permit L.C. Smull to garner development financing, it is, therefore, recommended that the attached resolution be approved. FUNDING SOURCE: None required. ATTACHMENTS: 1. Resolution No. 38 2. Letter from Hal A. Young dated August 6, 1982 CWT:TT:jb D U G U 6 1992 LAW OFFICES OF HAL A. YOUNG, JR. CITY OF HUNTINGTON BEACH 13400 MAXELLA AVENUE, SUITE 210 ADMINISTRATIVE OFFICE HAL A. YOUNG, JR. .MAR.INA DEL REY, CALIFORNIA 90291 TELEPHONE SCOTT JEFFREY PUTNAM - - (213) 822-0990' WIL'LIAM L. BATTLES- - GARY A. GLICK - August 6 , 1982 Redevelopment Agency of the City of Huntington Beach c/o Mr . Charles Thompson Executor Director/City Administrator VIA MESSENGER City of Huntington Beach 2000 Main Street Huntington Beach , California 92648 Re : Golden West and Warner/Business Properties ( "L . C . Smull " ) Development/Hunti'ngton Beach , California (the " Project " ) Honorable Chairman and Members of the Agency On behalf of Mr . L : C . Smull ( " Smull " ) , a client of the under- signed and the developer under that certain " Participation Agreement" by and between Smull and the Redevelopment Agency of, the City of Huntington .Beach . ( "Agency" ) dated January 5 , 1978 , it is hereby— re quested that the Derr approve the followin_g._.i-tems at your August 16 , .1982 , meeting on your consent calendar , if pos.sibl.e : The prospective sales at the Project by Smull as follows : Pursuant to Parcel Map No . 82-560 , Parcel 4 to Al.bertsons , Inc . , a Delaware corporation ( "Albertsons " ) ; Parcel 7 to Sav=On Realty , Inc . , a California corporation ( "Sav-On" ) ; and Parcel 1 to The Bank of Westminster , a California :corporation ( " Bank" ) . Each of these pur- Chasers shall take subject to all of the rights and obligations. under the Participation Agreement .- . B . Th_e_-tr-a_nsfer_._of ti-_t_Le__of Parcel s 1 -through 9 of Parcel Map No . 82-560 at the Project (which may or may not include Parcels 4 , 7 and 1 -depending on their .actual dates of transfer , if at all to Albertsons , Sav-On and Bank ) to Downey Savings and Loan Association , a California corporation ( " Downey" ) , in compliance with the provisions of Particip,a-tion Agreement and specifically Sections 108 , 309 and 310 . This transfer of title to Downey is for financing purposes to enable Smull to develop the Project and shall not relieve Smull from all of the obligations .under the Participation. Agreement : Please advise as to whether a representative of Business Properties should attend the Agency ' s August 16, 1982 , meeting . - LAW OFFICES OF HAL A. YOUNG, JR. -Redevelopment .Agency of the City of Huntington Beach August 6 , 1982 Page . Two If you have any questions or comments ,_ please let me know . Very truly you , A YOUNG , JR . HAY/pat cc : Albertsons , Inc . Sav-On Realty , Inc . The. Bank of Westminster Downey Savings and Loan Association • RESOLUTION NO. 38 • A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING SALE OR CONVEYANCE OF CERTAIN REAL PROPERTY IN THE WARNER-GOLDENWEST PROJECT AREA BY L.C. SMULL FOR FINANCING/SECURING PURPOSES The Redevelopment Agency of the City of Huntington Beach hereby resolves as follows: Section 1. The Redevelopment Agency of the City of Huntington Beach hereby approves and authorizes conveyance of real property, located in the Warner- Goldenwest Project Area by L.C. Smull , more particularly described as: All that certain real property in the City of Huntington Beach, County of Orange, State of California included in Parcel Map No. 82-560 as follows: A. Parcel 4 to Albertsons, Inc. , a Delaware Corporation ("Albert- sons"); Parcel 7 to Sav-On Realty, Inc. , a California Corporation ("Sav-On".); and Parcel 1 to The Bank of Westminster, a California Corporation ("Bank"). Each of these purchasers shall take subject to all of the rights and obligations under the Participation Agree- ment. B. Parcels 1 through 9 (which may or may not include Parcels 4, 7 and 1, depending on their actual dates of transfer, if at all , to Albertsons, Sav-On and. Bank) to Downey Savings and Loan Association, a California Corporation ("Downey") , in compliance with the provisions of Participation Agreement and specifically Sections 108, 309 and 310. This transfer of title to Downey is for financing purposes to enable Smull to develop the Project and shall not relieve Smull from all of the obligations under the Participation Agreement. Section 2. Pursuant to California Government Code Section 65402, a public meeting was held before the Planning Commission at which time it was determined that the Redevelopment Plan for the Warner-Goldenwest Small Lot Redevelopment Project conformed to the City's General Plan. Section 3. The transfer of such real property shall be pursuant to the Redeve op— Plan, adopted by Ordinance No. 2212, and paragraphs 108, 309 and 310, et seq. of the .Participation Agreement by and between the Redevelopment Agency of the City.of Huntington Beach and L.C. Smull., dated January 5, 1978, and all those to whom title is transferred shall be subject to all the rights and obligations of the Participation Agreement. Section 4-. Any deed or other instrument of conveyance shall be subject to the nondiscrimination clauses required by California Health and Safety Code Sec- tion 33436. Section 5. The authority of this resolution is extended on the condition that the language of any instrument used to transfer title shall be subject to the approval of the City Attorney and the Chief Executive Officer prior to transfer. ATTEST: . ecretary Chairman APPROVED AS TO FORM: REVIEWED AND APPROVED: Legal Counsel n Chief Executive -Officer INITIATED AND APPROVED: 4 Director of Business and Tndustria-fEnterprise e ' 2 • • Res. No. 38 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency -of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 16th day of August 19 82 , and that it was so adopted by the following .vote: AYES: Members: .MacAllister, Mandic, Finley, Bailey NOES: Members: Thomas ABSENT:, -`Members: Pattinson, Kelly Secretary of the Redeve opment.Agency of the City of Huntington Beach, Ca. FOE CITY OF H UNTINGTON BEAC NO 1 0 I _ _ D INTER DEPARTMENT COMMUNICATION I/� HUNTINGTON BEACH , J 1 ���` CITY OF NUNTINGTON BEACH To CHARLES W. THOMPSON From GAIL HUTTON. ADMINISTRATIVE OFFICE City Administrator City Attorney Subject Letter dated 8/6/82 from Date August . 9 , 1.982 Hal A. Young re Goldenwest/ Warner Redevelopment Returned herewith is the referenced letter requesting that the Redevelopment Agency approve ( 1.) prospective sales of certain parcels of real. property by Smu1.1_ and ( 2) transfer of .title of other parcels to various vendees . On the surface it appears that the requested. action is in con— formance with the participation agreement. However, we do not have sufficient information on the proposed transactions to make a final_ determination on this is !le and to _ compl-y with the actions requested in the letter . We have not seen any deeds, title reports, or other documentation. There are no escrows that we know of. There are no data .in our files showing how title is presently vested or is to be taken. There must be some back-up information supporting these proposed sales and transfers . If we are provided with the necessary data, we can prepare the deeds and other instruments . Incidental._l_y, we originally thought that this request related to condemnations presently .being handled through our office. In the case of some of those legal proceedings , it is necessary that Smul.l deposit the .purchase money in an administrator' s trust account for ultimate payment to the heirs . However, we cannot determine from the letter whether any of these properties are involved in the request . Please let us know who is coordinating this project. Jet. GH: RCS: ps Enclosure cc: City Clerk �'UG U 6 19$2 LAW OFFICES OF H A L A. YOUNG, J R. CITY OF HUNTINGTON BEACH 13400 MAXELLA AVENUE, SUITE 210 .ADMINISTRATIVE OFFICE HAL A. YOUNG, JR. MARINA OEL REY, CALIFORNIA 90291 _ .TELEPHONE- _ , SCOTT JEFFREY PUTNAM - (213) 822-0990- WILLIAM L. BATTLES - - GARY A. GLICK ' August 6 , 1.982 Redevelopment Agency of the City of Huntington Beach c/o Mr . Charles Thompson Executor Director/City Administrator VIA. MESSENGER City of Huntington Beach 2000 Main Street Huntington Beach , California 92648 Re : Golden West and (darner/Business Properties ( 11L . C . Smull " ) Development/Huntington Beach , California (the " Project " ) Honorable Chairman and Members of. the .Agency : On behalf of Mr . L . C . Smull ( "Smull " ) , a client of the under- signed and the developer under that certain " Participation Agreement" by and between Smull and the Redevelopment Agency of the City of Huntington Beach ( "Agency" ) dated January 5 , 1978 , it is hereby___re Ag—_—Z-_Ppr ve --o----"-..__ 9 _ your August 16 , quested that the A enc a_ rove the fol l owi n_ ___i_t_ems at 19.82 , meeting on your consent calendar , if possible The prospective sales at the Project by Smull as follows : Pursuant to Parcel Map No . 82-560 , Parcel 4 to Albertsons , Inc . , a Delaware corporation ( "Albertsons " ) ; Parcel 7 to Sav-On Realty , Inc . , a California corporation ( "Sav-On" ) ; and Parcel .I to The Bank of Westminster , a California corporation ( "Bank" ) . Each of these pur- chasers shall take subject to all of the rights and obligations under the Participation Agreement . B. T_h_e_ r_ansfer -o_f t _i<_l�__of Parcel s 1 through 9 of Parcel Map No . 82-560 at the Project (which may or .'may not includ-e Parcels 4 , 7 and 1 -depending on their actual dates of transfer, if at all to Albertsons., Sav-On and Bank ) to Downey Savings and Loan Association , a California corporation , ( " Downey" ) , in compliance with the provisions of Participation Agreement and specifically Sections 108 , 309 and 310 . This .transfer __of title to Downey is for financing purposes to enable Smull to develop the Project and shall not relieve Smull from all of. the obligations under the Participation Agreement : Please advise as to whether a representative of Business Properties should attend the Agency ' s August 16 , 1982 , meeting . � LA NA' OFFICES OF • • HAL A. YOUNG, JR. ,Redevelopment Agency of the City of Huntington Beach August 6 , 1982 Page Two If you have any questions or comments , please let me know. Very truly youAl , A YOUNG , JR HAY/pat cc : Albertsons , Inc . Sav-On Realty ,. Inc . 'The Bank of Westminster Downey .Savings and Loan Association REQUEST O&EDEVELOPMENT AGENCY AC&, Date July 13, 1982 ot}� Submitted to: Honorable Chairperson and Redevelopment ency G1•t�1 �' . Submitted by: Charles W. Thompson, City Administrat Prepared by: James W. Palin, Director of Developme t Se er• des G1,t4 CIA, Subject: CONVEYANCE OF REAL. PROPERTY IN CONFO NCE PARTICIPATION AGREEMENT BETWEEN THE RE O T AGENCY AND -L.C. SMULL Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: LX Statement of Issue ' The Redevelopment Agency is obligated under the participation agreement for the Warner-Goldenwest Redevelopment Project to convey parcels in the project area upon final order of condemnation to the participant under the agreement, L.C. Smull. The attached resolution would authorize the convey- ance of such parcels from the Redevelopment Agency to L.C. Smull. Recommended Action Adopt the attached Resolution No. and authorize its execution by the Chairperson of the Redevelopment Ag� ency and the_Secretary conveying parcels 30D, 31D and 100D within the Warner-Goldenwest Redevelopment Project Area to L. C. Smull. -- - - — - Analysis: - On June 18, 1982, the Superior Court of the State of California, County of Orange, passed the Final Order of. Condemnation for 3 additional parcels within the Warner-Goldenwest Redevelopment Project Area. These parcels are 30D, 31D, and 100D, and the certified copy of the Final Order is • attached. Paragraphs 104 et . seq. of the Participation Agreement between the Redevelopment Agency and L. - C. Smull require that title to these parcels. now be conveyed. .; Funding Source: None required Attachments: 1. Resolution 2. Final Order of Condemnation CWT:JWP:CC:pj � b l NO 4/81 / " �I • ,� RECORDING REOUEST09 8 2-2 0 9 4 3 6 i BY AND MAIL TO OOF I LED 4 1 sTErT1rN r. c sr EXEMPT Pttornev At Law C 8 JUN 181962 2 1151 Dove Street, Suite 160 Newport Beach , California 92660 HE A. BRANCH, Count Clerk 3 (714) 833-1861 y BY � neputy 4 S Pttorney for Plaintiff PP # 142-252-49 AT' f142-251-22 6 7 8 surrIOP courT or THE STPTF. Or CPLIroRwIA 9 rr r ^_!'r COUITTY nr nr.P.pr-E 10 11 PEDEWLOP"'ENT Pr!:NCY Cr THr ) No. 32 19 41 CITY Or ITT?TTINr-TCN BrPCH , ) 12 ) FINAL ormr OF. CONDM.-NRTIO"T Plaintiff , ) 13 ) (Parcels 30-1,, 31-r and MArIE w. rrYNA'7, etc. , et Al . , ) 100-D) 14 ) 15 refencarts. ) 16 I .Tuearrent in condermation having been entered in the I 17 !1 above entltleC matter as to Parcels 30-D, 31-r and 100-D and it 'I 181j anpeArina tc the satisfaction of the court that plaintiff as laid 19I into court by depositing into the court the sum of money as 20 rec+ulred by said judgment as just corrpensmtion for all claims And 21 1I demands of r ( l ) re fondant , rTma C. Parran (Emara C. Williams) , on 22 account of taking in fee simple Lots 30 and 31 of Block r of 23 Tract No. 392 as shown on a Trap recorded in Book iF , Pace 5 of 24 r'iscellaneous !IAps , records of Oranete County, California, said 25 prorerty beinn located in the City of Huntington Beach, and 26 (2) Defendant , rrances 1•4. Silvernan, on account of taking in fee 27 sir^ple Lot 100 of Block D of Tract No. 392 as shown on a r -ap 28 recorded in Bonk 16 , Pace 5 of "iscellaneous Maps , records of -1- II 2OQ436 1 Orange r'eunt•! , CAliferria , Laic! !,sine located in V' e 2 City of Nuntincton Beach. 3 I'" is nT''rTr(' ;k. ^ that gee sir^ele title to the 4 ' Parcels of real prorfrt,.- descritiec' in the oarac-raah above is here- 5 by conde>r*ned to and be taken for the public use stated in the 6 Complaint in t►7is acticn '_or reO,evelorment purposes and is so 7 taken in fee simple alisolute. 8 Vpon recoreina a certified conv of the Final Order of 9 Condemnatien , with the County Recorder of the County of Orange , 10 State of California, the fee simple title to the real property 11 described above shall vest in Plaintiff, its successors and 12 assinns. 13 IT Is rrrT11F.F OMF= A11P PrjvT) FLU that there are no 14 unpaid real Property taxes , asressments or penalties due and 15 owina to the County of Orange on said real property described 16 hereinabove. 17 IT IS FURTHF.P ornF.Frn At.'n rrnmrrn that all liens , 181 charces , conditions and restrictions upon the interest in the 19 I real propert,, described hereinmbove including but not limited to 20I all real property taxes , AssessmentR , penalties and costs from.- and 21 rfter the elate of this Final Order of Condemnation are terminated., 22 cancelled and extineuished. 23 24 rr^r.r: 25 ' I26 27 �t� I I , , u . , t � �:• J U N 1 0. 19 A? RECORDED IN OMCIAL R'ECORDA 28 ATTEST. 9 OF ORANGE COUNTY, CALIMPNIA LEE A. 111?A�1C 1 I SuI,,.. . r; i -]0 �'� AM ,Il!N 18 '82 m .,::.I . :n. .... .. BY ME A. BRANCH, County Recadir CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK my 22, 1982 L. C. Smul1 c/o Business Properties 17631 Fitch Irvine, CA 92714 Attn: Chuck Ball Enclosed is a Corporation Grant Deed conveying AP #142-252-49 and AP #142-251-22 in conformance with the participation agreement between the Redevelopment Agency and L. C. Smull and authorized by the Rede- velopment Agency at its July 19, 1982 meeting . When you record this deed it would be appreciated if you would re- quest the Orange County Recorder to provide us with a conformed copy. We have enclosed a copy and a stamped self addressed envelope for you to forward to the recorder for this purpose. ' Alicia M. Wentworth Secretary AMW:CB:js Enclosure RESOLUTION NO 33 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING SALE OF. CER- TAIN REAL PROPERTY IN THE WARNER/GOLDEPdWEST PROJECT AREA FOR REDEVELOPMENT PURPOSES TO L. C. SMULL The Redevelopment Agency of the City of Huntington Beach hereby resolves as follows : SECTION 1. The Redevelopment Agency of the City of Huntington Beach hereby authorizes conveyance of real property, located in the Warner/Goldenwest Project Area, to . L. C. Smull , more particularly described as : All that certain real property in the City of Huntington Beach , County of Orange, State of California., described. as follows : Lots 30, 31 and 100 of Block D of Tract No. 392 as shown on a map recorded in Book 16 , page 5 of Miscellaneous Maps , records of Orange County, California. SECTION 2. Pursuant to California Government Code section 65402, a public meeting was held before the Planning. Commission at which time it was determined that the Redevelopment Plan for the 4arner/Goldenwest Sinall Lot Redevelopment Project conformed to the city' s general plan. SECTION 3. The sale of such real property shall be pursuant to the Redevelopment Plan, adopted by Ordinance No. 2212, and paragraphs 104 et seq. of the Participation Agreement by and be- tween the Redevelopment Agency of the City of Huntington Beach i and L. C . Smull, dated January 5, 1978. E i a.hb 7/13/82 1. SECTION 4. Any deed or other, instrument of conveyance shall be subject to the nondiscrimination clauses required by California Health and Safety Code section 33436 . PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July 1982. Chas o Tempore ATTEST: APPROVED AS TO FORM: Secretary Citf Attorney and Le�al Adviser REVIEWED AND APPROVED: INITIATED AND APPROVED: Chief Executive Off. ic'er irector of Dev lopment Services 2. N •• Res. N0.33 STATE. OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) _J I , ALICIA M. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 19th day of. July 1982 and that it was so adopted by the following vote: AYES: Members: MacAllister, Bailey, Kelly y NOES: Members: Thomas ABSENT: Members : Mandic, (Pattinson/Finley absent from room) Secretary of the Redevelopment Agency of the.. City of. Huntington Beach, Ca Fill AP #142-252-49 .� RECORDING REQUESTED •• •• AP #142-251-22 L. C. Smull ` AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTMERW+SE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAra L. C. Smull B`"•" - c/o Business Properties A�OIrE�a 17631 Fitch ar�'^ Irvine, CA 92714 a] L�ttn: Chuck Ball J Title Order No.............. Escrow No..................... This spoce for Recorder's use Corporation Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUI•IF.NTARY TRANSFER TAX is S ❑ unincorporated area ❑ City of Parcel No. ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of We. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Huntington Beach Redevelopment Agency A MunicipaliCorporationherebyGRANT(S) to L. C. Smull , a married man as his sole and separate property. the following dewribed real property in the City of Huntington Beach, county of Orange , state of California: Lots 30, 31 and 100 in Block D of Tract No. 392 as shown on a map recorded in Book 16, page 5 of Miscellaneous Maps , Records of Orange County. The Grantee herein convenants by and for himself, his heirs, executors, adminis- trators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of; any person or group of per- sons on account of sex, race, color, age, handicap, .religion, marital status, national origin or ancestry in the sale, lease, subl.ease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. HUNTINGTON BEACH REDEVELOPMENT AGENCY Dated - STATE o CAL]1 nHIA 1 Chairman Pro-Tem COUNTY OF. range } SS. On --— —�.Q"----- — 111—before mezecreta the undersigned,a otary Public In and for said County and State, personally appeared-_-L')on/ known tome to be the +^'r++l Rwatdent,and_ Jiki(rA ro e +, known to me to be _ Secretary of the corporation that executed the 7'` OFFICIAL SEAL witlrin Instni rent, and acknowledged to me that such corporation extruted the within Instntment pursuant to its by-laws or a resolu- ° �•� j CONNIE A . BROCKWAY tloo of its board of directors. .S-` i-'1 nOTARY PUBLIC • CALIFORNIA y PRINCIPAL OFFICE IN OFANCE COUNTY �l ► MY COMMISSION EXPWS OCT 10 1985 Slanaturc ( lY.ttCli -- Name - (T or Printed) Notary Public In and for sold County and State (Space above for official notarial seal) I MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN,MAIL AS DIRECTED ABOVE 'Name Street Address City S State 1-102 (3-71) Order No. Escrow No. • �1�T y Loan No. --— ---- - -- -'-/- - 1 f WHEN RECORDED=MAIL;TO i:,. �'O 3 -4 0 Law Offices '.ofµHal' A. Young,J . 13400 M.axell'a'.;.Avenue, Ste . 210 p Marina Del,Rey CA, 90291 (Re: Bus.ines - SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS,TO.: DOCUMENTARY TRANSFER TAX $............................................... ......Computed on the consideration or value of property conveyed;OR ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Aqent determining tax - Flrm Name GRANT DEED FOR A VALUABLE'CO NSI.DERATION, receipt of which is hereby acknowledged, The_sReOeve.lopment Agency of the City of Huntington Beach hereby GRANT(S) .to. L,.' C.' SMULL, a married man as his sole and separate .property • the real property. in' the .City of Huntington Beach County of Orange. State of California, described as Lot 113 _of Block C of Tract No . 392, as shown on a map recorded in Book 16, Page '5 of Miscellaneous Maps, records of Orange County, California together with that portion of the South half of Huntington Place as vacated .by that certain .Resolution No . 4940 of the City Council. of the City of Huntington Beach, a certified copy of which was recorded December 16, 1980., in Book 13875, Page 1733 of Official Records of said Orange County, adjoining said Lot 113 on the North and bounded easterly and westerly by the prolongation of the easterly and westerly lines of said Lot 113, respectively . Excepting therefrom all water under said land but without right of surface entr.y . to .remove same . This deed is subject to the nondiscrimination and redevelopment plan clauses, attached hereto as exhibit A and incorporated by reference herein. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH Dated September 8, 1982 By Chief Execut ve Of cer STATE OF CALIFORNIA 1 ATTEST TY OF ss CO -------- cretary— On —----- before me, the undersign a Notary Public in and for said State, personally appeared APPROVED AS TO FORM known to me to be the person whose name GAIL HUTTON City subscribed to the within infirument and acknovW , ed that executedtn am t Attorney and Counsel WITNESS my hand and official seal. Signature — - - =- -- --- - -- ----- -- ---... --('This-area-for .official- -notarial--'seal)-"- -- _----.._.._.__... 1002(10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A •f' t NONDISCRIMINATION CLAUSE (Health & Safety Code §33436) Zf The grantee herein .convenants by and for himself or herself, his 'or her'heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall he no discrimination against or segregation of, any person or group of •persons on account of race, color, creed, religion, sex,_ marital status, national origin, or ancestry in the sale , lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises .herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lassees, subtenants , sublesses', or vendees in the premises herein conveyed. The foregoing covenants shall run with- the land. REDEVELOPMENT PLAN CLAUSE This`_deed:`is made. and accepted subject to all of the applicable provisions contained in that certain Redevelopment Plan recorded on December 27, 1977, ' at Book 1250, page 494 et seq. , as- instrument number 34303, 'on file with the County Recorder of Orange County; California. The property shall be occupied, used, held conveyed, hypothecated, encumbered, leased, rented and improved subject to all the applicable terms, conditions, covenants and restrictions set forth in said. Redevelopment Plan. The said applicable terms , conditions, covenants and restrictions shall run with the land and be binding upon heirs, grantees, tenants , successors, assigns and all parties having or acquiring any right , title .or interest therein or any part thereof. STATE OF CALIFORNIA, COUNTY OF ORANGE. On September q _, 1982, before me, a Notary Public of the State of California, pey'sonally appeared Charles W. Thompson, known to me to be the- Chief Executive Officer, and Connie Brockway, known to rye to be the Acting Secretary, of the Redevelopment Agency of the City of Huntington Beach and known to me to be the persons who executed the within instrument on behalf of said public agency and acknow- ledged to me that such public agency executed the same. (Civil Code §1191) OFFICIAL SEAL EVELYN SCHUBERT NOTARY PUBLIC - CALIFORNIA OROGE COUNTY M2 oaron..e1WIs MAR 25, 1W EXHIBIT A arder No. 9 9 4 �/y 70 14?Sm" Escrow No. • • �� .41 f Loan No. ' WHEN RECORDED,-MAIL.To, : Law Offices of- Hal -A. Youn_g,J . 13400 Maxella--Avenue,• Ste. 210 Marina Del -Rey,, CA 90291 (Re: Business-Properties) SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS'TO: DOCUMENTARY TRANSFER TAX $................................................ ......Computed on the consideration or value of property conveyed;OR ......Computed on the consideration or value less liens or encumbrances . remaining at time of sale. Signature of Declarant or Agent determining tax— Firm Name GRANT - DEED FOR A VALUABLE,:CONSIDERATION, receipt of which is hereby acknowledged, The-Redevelopment Agency. of the City of Huntington Beach hereby GRANT(S) to, L..C. '.SMULL, a married man as his sole and separate property,_. : the real property in .the'Cityof Huntington Beach County.of Or.arige: :;: _ State of California, described as Lot 78 .of Block C of Tract No. 392 as shown on a map recorded in Book 16, Page 5 of Miscellaneous Maps, Records of Orarige.5,County, California. That portion of the South half of Ocean Place as vacated by that certain Resolution No 4940 of the City Council for the City of Huntington Beach a certified copy of which was recorded December 16, . 1980, in Book 13675, Page 1733 of Official Records of said Orange County, adjoining said Lot 78 on the North, bounded easterly and westerly by the prolongation of the easterly and westerly lines of said Lot 113, respectively . Excepting therefrom all water. under said land but without right of surface entry to remove same. This deed is subject to the -nondiscrimination and redevelopment plan -clauses attached hereto as exhibit A and incorporated by reference herein. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH September 8, 1982 By Dated Chief Executive fficer TE OF CALIFORNIA 1 CO TY OF Secretary On— before me, the unders ed, a Notary Public in and for said State, personally appeared APPROVED AS TO FORM known to me to be the person� whose e GAIL HUTTON, City subscribed to the within instrument and nowledged that Attorney and Counsel exec ad the same. WITNESS my hand and official seal. k Signature — (This area for official notarial seal) 1002 (10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A �: , . NONDISCRIMINATION CLAUSE (Health & Safety Code §33436) The grantee -.herein convenants by and for himself or herself, his or-.her 'heirs, executors, administrators, and assigns , and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group_ of. persons on account of race, color,. creed, religion, sex,. marital status, national origin, or ancestry in the sale, lease, .sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection-, location, number, use or occupancy of tenants, ldssees, subtenants, sublesses, or vendees in the premises herein conveyed. The foregoing covenants shall run with-.the' land. REDEVELOPMENT PLAN CLAUSE This'-:deed is made and accepted subject to all of the applicable provisions contained in that certain Redevelopment Plan recorded on- December 27, 1977, at Book 1250, page 494 et seq: , as- instrument number. 34303, on file with the County Recorder of Orange .County, California. The property shall be occupied, used, held conveyed, hypothecated, encumbered, leased, rented and improved subject to all the applicable terms, conditions, covenants and restrictions set forth in said Redevelopment Plan. The said applicable terms , conditions, covenants and restrictions shall run with the land and be binding upon heirs, grantees, tenants, successors, assigns and all parties having or acquiring any right , title or interest therein .or any part thereof. STATE .OF CALIFORNIA, COUNTY OF ORANGE. On September ; 1982, before me, a Notary Public of the State of California, personally appeared Charles W. Thompson, known to me to be the- Chief Executive Officer, and Connie Brockway, known to mc- to be the Acting Secretary, of the Redevelopment Agency of the City of Huntington Beach and known to me to be the persons who executed the within instrument on behalf of said public agency and acknow- ledged to me that such public agency . executed the same. (Civil Code §1191) OFFICIAL SEAL ^� EVELYN SCHUBERT NOTARY PUBLIC • CALIFORNIA • ORANGE COUNTY My cow. a0m MAR 25. 1953 EXHIBIT A Order No. 7�g — Qnt Escrow No. • • �'"")s —Cr�1/ *7T/ Loan No. WHEN RECORDED.'WAIL' T0:'., Law Offices 'of`-Ha1 A. Young,J . 13400 Maxella'Avenue, Ste. 210 Marina Del Rey;;- CA1 9029.1 (Re: Busines-srProperties) SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $............................................... Computed on the consideration or value of property conveyed;OR ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Avent determining tax— F Irm Name i GRANT DEED FOR A VALUABLE"CONSIDERATION, receipt of.which is hereby acknowledged, ` The:Redevelopment Agency- of the City of Huntington Beach hereby GRANT(S) to L C. SMULL, a married man, as his sole and separate-property the real property. in the City'.of. Huntington Beach County of Orange_•: State of California, described as Lot 13: 6f' Block C of Tract No. 3921, as shown on a map recorded'-'in Book 16, Page 5 of Miscellaneous Maps , Records ::of. Orange' County, California. Together with the South one-half of Ocean Place adjoining said Lot 13 on the North as said Ocean Place is shown on said map, and as vacated by that certain Resolution number 4940 of the City Council of the City of Huntington Beach, a certified copy of which was recorded December 16, 1980, in Book 13875, Page 1733 of Official Records of said Orange County, said portion being bounded on the west by the northerly prolongation of the west line of said Lot 13, and bounded on the east by the northerly prolongation of the east line of said, Lot •13. Ekcepting therefrom all water under said land but without right of-surface entry to remove same. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH , Dated September 8, 1982 By ief Execu ve Of icer S TE OF CALIFORNIA 1 ATTEST: COU Y OF ss. Secretary On— before me, the undersign a Notary Public in and for said State, personally eppgared APP OVED AS TO FORM known to me to be the person whose name subscribed to the within infirument and ackno ged that GAIL HUTTON, City executed Same• Attorney and Counsel WITNESS my hand and official seal. Signature (This area for official notarial seal) 1002 (10/69) _. MAIL TAX-STATEMENTS--AS-DIRECTED--ABOVE EXHIBIT A i t - NONDISCRIMINATION CLAUSE (Health & Safety Code §33436) The-. grantee herein convenants by and .for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale , lease, sublease, transfer, use, occupancy, tenure, or enjoyment of .the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference- to the selection, location, number, use or occupancy of tenants, 1Qssees, subtenants , sublesses, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. s REDEVELOPMENT PLAN CLAUSE This deed is made and accepted subject to all of the applicable provisions contained in that certain Redevelopment Plan recorded on December 27, 1977, at Book 1250, page 494 et seq. , as- instrument number 34303, on file with the County Recorder of Orange County, California. The property- shall be occupied, used, held conveyed , hypothecated, encumbered, leased, rented and improved subject to all the applicable. terms, conditions, covenants and restrictions set .forth in said. Redevelopment Plan. The said applicable terms, conditions, covenants and restrictions shall run with the sand and be binding upon heirs, grantees, tenants , successors , assigns and all parties having or acquiring any right , title or interest therein or any part thereof. STATE OF CALIFORNIA, COUNTY OF ORANGE. On September ��, 1982, before me, a Notary Public of the State of California, pA onally appeared Charles W. Thompson, known to me to be the- Chief Executive Officer, and Connie Brockway, known to me to be the Acting Secretary, of the Redevelopment Agency of the City of Huntington• Beach and known to me to be the persons whb executed the within instrument on behalf of said public agency and acknow- ledged to me that such public agency executed the same. (Civil Code .§1191) OFFICIAL SEAL EVELYN SCHUBERT m NOTARY PUBLIC •CALIFORNIA ORANGE COUNTY My aolmm #tares MAR 25, 1903 EXHIBIT A Older No. • S,oty,.,s{pr (�f�AST/ Escrow No. Loan No. WHEN RECORDED.:MAIL.TO: Law Offices. of': Hal A. Young,Jr 13400 Maxella Avenue,' Ste`t210 Marina Del Rey"'I "h 90291 (Re: Busines,s':Pr.operties) SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS_. TO: DOCUMENTARY TRANSFER TAX $............................................... ......Computed on the consideration or value of property conveyed;OR ......Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Avant determining tax— Firm Name GRANT DEED FOR A.VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Redevelopment Agency of the City of Huntington Beach hereby GRANT(S), to ,L'. '.C . SMULL, a married man as his sole and separate property the real property in the..City of Huntington Beach County of . Orange State of California, described as Lot 89 of Block D of Tract No. 392 as shown on a map recorded in Book ;16, Page 5 of Miscellaneous Maps, records of Orange County, California. That portion of the South half of Huntington Place as vacated by that certain Resolution No , 4940 of the City Council of the _City of _Huntington Beach, a certified copy of which was recorded December 16, 1980, in Book 13875, Page 1733 of said Official Records of said Orange County, adjoining said Lot 89 on the North and bounded easterly and westerly by the northerly prolon- gation of the easterly and westerly lines of said Lot 89 respectively. Excepting therefrom all oil, gas and other hydro carbons of a kindred nature, without the right of surface entry as conveyed to Ava, Inc .., a California Corporation, by deed recorded July 12, 1960, in Book 5324, Page 254 of Official Records . This deed is subject to the nondiscrimination and redevelopment . plan clauses attached hereto as exhibit A and incorporated by . reference herein. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH September 8, 1982 By -� 100 Dated xecut ff.ic STATE OF CALIFORNIA ] ATTEST NTY OF ] 1 Secretary On— before me, the undersi a Notary Public in and for said State, personally appeared _ APPROVED AS TO FORM Of known to me to be the person, whose name subscribed to the within. indtrument and ackno ged that GAIL HUTTON, City exe.utedt-a.�me. Attorney and Counsel WITNESS my hand and official seal. Signature (This area for official notarial seal) 1002 (10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A. it e. NONDISCRIMINATION CLAUSE (Health & Safety Code §33436) ' The. gr4ntee herein convenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons_ claiming under or through them, that- there shall be no discrimination against . or segregation of, any person or group -of persons on account of race, color, creed, religion, sex,.. marital status, national origin, or ancestry in the sale , lease, ' sublease, transfer, use , occupancy, tenure , or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants , sublesses , or _vendees in the premises her conveyed. The foregoing covenants shall run with the land. REDEVELOPMENT PLAN .CLAUSE This deed is made and accepted subject to all of the applicable provisions contained in that certain Redevelopment Plan recorded on December 27, 1977, at Book 1250, page 494 et seq . , as- instrument number 34303, on file with the County Recorder of Orange County, California. The property shall be occupied, used, held conveyed , hypothecated, encumbered, leased, rented and improved subject to all the applicable terms, conditions, covenants and restrictions set forth in said Redevelopment Plan. The said applicable terms, conditions, covenants and restrictions shall run with the land and be binding upon heirs, grantees, tenants , successors, assigns all parties having or acquiring any right , title or interest. therein or any .part thereof. STATE OF CALIFORNIA, COUNTY OF ORANGE. On September �_, 1982 , before me, a Notary Public of the State of California, personally appeared Charles W. Thompson, known to me to be the- .Chief Executive Officer, and Connie Brockway, known to me to be the Acting Secretary, of the Redevelopment Agency of the City of Huntington Beach and known to me to be the persons who executed the within instrument on behalf of said public agency and acknow- ledged to me that such public agency executed the same. (Civil Code §1191) OFFICIAL SEAL �� EVELYN SCHUBERT o NOTARY PUBLIC -CALIFORNIA • ORANGE COUNTY My comm.apirn MAR 25, 1883 EXHIBIT A ♦ 1 � REQUEAFOR REDEVELOPMENT AGENCY AION date April 26, 1982 . Submitted to: Honorable Chairperson and Redevelopment Agency [� v Submitted by: Charles W. Thompson, City Admi ni strat Prepared by: James W. Pal in, Director of Development Services Q Subject: CONVEYANCE OF REAL PROPERTY TO EFFECTUATE PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND .L.C. SMULL Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The Redevelopment Agency is obligated under the participation agreement for the Warner/Goldenwest Redevelopment Project to convey parcels in the project area upon final order of condemnation to the participant under the agreement, L.C. Smull . The attached resolution would authorize the conveyance of the property from the Redevelopment Agency to L.C. Smull . , RECOMMENDED ACTION: Adopt the attached resolution and authorize its execution by the Chairperson of the Redevelopment Agency and the Secretary. ANALYSIS: On April 14, 1982, a certified copy of the recorded final order of condemnation ' was received for parcels 37C, 38C and 77C within the Warner/Goldenwest Redevelop- ment Project Area (attached) . The participation agreement between the Redevelop- ment Agency and L.C. Smull covering redevelopment of this area requires that the Agency now convey the lots to Smull by grant. deed. The attached resolution authorizes conveyance of the property from the Agency to Smull . The defendants in the condemnation action have been paid a sum of $57,000 which was deposited with the court by Smull through the Redevelopment Agency as required by the partici.p'ation agreement. FUNDING SOURCE: None required. ATTACHMENTS: 1. Resolution . 2. Final Order of Condemnation CWT:JWP:CC:df ' Y RESOLUTION NO. 27 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING SALE OF CER- TAIN REAL PROPERTY IN THE WARNER/GOLDENWEST PROJECT AREA FOR REDEVELOPMENT PURPOSES TO L. C. SMULL The Redevelopment Agency of the City of Huntington. Beach hereby resolves as follows: SECTION 1.. The. Redevelopment Agency of the City of Huntington Beach hereby approves sale and authorizes conveyance of real property located in the Warner/Goldenwest Project Area to L. C. Smull, more particularly described as : All that certain property in the city of Huntington Beach , County of Orange , State of:California described as follows: Lots 37 , 38 and 77 of Block C of Tract. 392 as shown on a map recorded in Book 16 , page 5 of Miscellaneous Maps , records of. Orange County . California. At the time of conveyance of the subject real property , the city shall be paid the purchase price thereof in the sum of Fifty-seven .Thousand Dollars ($57 ,000) , which is the fair market value of such real property as such was determined by competent real estate appraisals. SECTION 2. Pursuant to California Government Code sec- tion 65402 , a public meeting was held before the Planning Commission at which time it was determined that the Redevelopment Plan for the Warner/Goldenwest Small Lot Redevelopment Project conformed to the city' s general plan. SECTION 3. The sale of such real property shall be ' pur- suant to the Redevelopment Plan , adopted by Ordinance No. 2212 and paragraphs 104 et seq. of the Participation Agreement by and WSA - ahb 4/28/82 1. between the Redevelopment Ageney .of the City of Huntington Beach and L. C , Smull , dated January 5 , 1978 . SECTION 4.. A public hearing has been held on this sale and notice has been published not less than once a week for two weeks in accordance with Health and Safety Code section 33431. SECTION 5.' Any deed or other instrument of conveyance shall be' subject to the nondiscrimination clauses required by California Health and Safety Code section 33436. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a .regular meeting thereof held on the _ day of _..--- 1982. Chairman - ATTEST : APPROVED AS TO FORM: Secretary City At6r' d Legal A d v e REVIEWED AND'APPROVED : INITIATED AND APPROVED: — Chief Executive Officer Director oCC Development Services 2. STEPHEN M. CHASE ^ ^ n/�Lr ATTORNEY AT LAW �r r•. -,11�GTC`• BEACH 1151 DOVE STREET, SUITE 160 PANNING DEPT. NEWPORT BEACH, CALIFORNIA 92660 APR 14 1982 (714). B33.1841 P. 0. Box 190 April 12 , 1982 Charles Cla'rIc City of Huntington Beach ` 2000 Main Street Huntington; Cal.tfornia 92648 RE, RED.EVr,LOP`ENT AGENCY 00 T11E CITY Or HUNTI�MTON BEACH v. DRYTIM4, et �Z1 . , •OCSC i.` 32-].9.-�11 Dear Mr. Clark: . Enclosed please find a certified cony of the recorded � final order of condemnation as to parcels 37 - C, 39 - C , and 77 -- C. I am informed that Business Properties is an-dous for the Agency to convey the property to them. i very Y`u]: I furs a STEPIiET_1" / CHASE SMC : 1mj encls. cc : HAL YOUNG, JR. !i 13Y AND. MAIL ► EXCMPT l STEPHEN M. CHASE ,C2 2 ! Attorney at Law 1153. Dove Street, Suite .160 ;j Newport Beach, California 92660 3 �! (71.3) 833-1841 'r.' 4 it " :1 Attorney for Plaintiff and named LEE A. GM A,;-,A: 5 :.1 Cross-Defendants '. 81 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 ' FOR THE COUNTY OF ORANGE �I 10 1j 11I! REDEVELOPMENT AGENCY OF THE ••) NO. 32 19 41 12 I CITY OF HUNTINGTON BEACH, ) ) Plaintiff; ) rINAL �. 13 ! ) ORDER OF CONDEMNATION vs. . ) . ` PURSUANT TO STIPULATION 14 ; ) (Parcels 37C, 38C and ,� 1IARIE W. DRYNAN, et al. , ) 77C only) 15 I ) RECORDED Of ORANGEI OFFICIAL COUN Y,CALI CALIFORNIA Defendants. ) 16 .8 4 c) AM MAR 25 '82 17 AND -RELATED CROSS-ACTIONS. LM A eWCjt CouaV Recodv, 18 19I� Judgment in condemnation having been entered in the I 20 !1above entitled matter and it appearing to the satisfaction of the 21 court that plaintiff has pad defendants, 14. Burton Horn, and 22l Barbara• F. Horn, .the sum of $41, 500 , and that the plaintiff has 23Ij paid the defendants, M. Burton Horn and Barbara F. Horn, by 241 depositing into court, the sum of money as required by said judg- 251! ment. as just compensation for all claims and demands of defendant 26j' against plainLi f on account of taking in fee simple Lots 37 and 3' ! 27 I of .Block •C of Tract No. 39.) as shown on - a map recorded in : oc;S- 15 , 281 Page 5 .ox miscellaneous Maps, 'records of Orange County, California , I r: . Ui. J.U[:UVd. :� said grope being located in the Cit�of Huntington Beach. 211 Judgment in condemnation having been entered in the }? j ji ail above entitled matter .and it appearing to the satisfaction of the 411 court that plaintiff has _paid defendants, Rodney- A. Madsen, Ira i 5 ;i Smashey Rogers, 'individually and as Trustee for the Kenneth K. II 6 ,j 'Rogers Family Trust, by deposit into court the sum of $15, 500, (l 7 _i� and. that the 'plaintiff has paid the defendants, R. A. Madsen, Ira 8 , Smashey Rogers, individually and as Trustee for the Kenneth K. 9 I Rogers Family Trust the sum of money as required b • said 'ud .ent 9 Y Y g � 7 gT't 10 as just compensation for ail clams and demands. of defendant ll l against plaintiff on account of taking in fee simple Lot 77 of 12 Block of Tract No. 392 .-a© shown on a map recorded in Book 16 , 13 � page 5 of Miscellaneous Maps 'records of Orange County, California, 14 said property being located in the City of Huntington Beach. I� 15 'I IT IS ORDERED AND ADJUDGED that fee simple title to the _L parcels of rca.l property described in the two paragraphs above is II i 17i1 hereby condemned to and be .taken for the public use stated in the 18j1 Complaint in this action for redevelopment purposes and is so 19I taken in fee simple absolute. 6 20 ;I Upon filing a certified copy of the Final Order of 21ii Condemnation, with the County Recorder of the County of Orange, 22 � State of California, the fee simple title to the real property 23i1 described above shall vest in plaintiff, its successors and 24 assigns. 25 IT IS FURTIIER ORDERED AND ADJUDGED that the defendant, 26 c7Estern 'Mutual Corporation, a California corporation, have no 27 interest in the real property described 'herein. 28 'I IT IS FURTHER ORDERED AND ADJUDGED that there are no Ii u • q . unpaid real property taxes, assessments or penalties due and i 2 � owing to the County of Orange on said •real property described • I�� . 3 hereinabove. . 4iI IT IS EURTIiER ORDERED AND ADJUDGED that all liens, .I 5 ; charges, conditions and restrictions i.iporn the interest i:: the 6I� real property described hereinabove including but not limited to 7 all real property taxes assessments, penalties and costs from 81� and after the date of thi s Final Order of Condemnation are 9 terminated, canctlled' and extinguished. 10 DATED: 'Jill. 2 7 . 1981 12 JUDGE,,. WPD IOR COURT 14 THIS INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ,r,Y ' ON FILE IN THIS OFFICE '` 15 (I �C� T�o ��p' 1 gc� AM 16 I, LEE A. B NGH �;�• County Clerk and Clerk of the , u 17 � �_:;� Suporior Court of the State nl Catilornia ` ►.:' 4AIn ndfor the CoAq 1 Orange i J` � IFOr � 1 . 18 I 6Y �� yV 19 20 . . 21 I • . ' 22 23 24 ' 25I . . . 26 ?e • � ^ _ a...� .. .... _ . ui 0 C. r C YI D fE 6A4'LfN 6PC.T p•,/:7£FSbuP6 CM94WCL,- ) i n'✓'. I I •:AO':_G 57RE£7 I I i 'i:eCf 1 fr' 1' �Tf{'Qar I ' f!* ,1•v �;.�,;. ., (5 ` 6) 7 ) E t 4 y IC 112 13 14 i I 1 15 16 17 IE I i9 (20; 21•' 22 NOTE• SMOnN AS I+ IJ LL7/B NOISE GRON.DS . , j CA R£LA?D YIP 9f c 95 loc. rf nT ,2n•h6 E fc !oD og P• Of r;`;,Le :=7 e E5 :EE •� - 43 421�. 14 C 39.",3E:37.13Ef35i I is 2 (/� 3 '371291 I 2E 27 2<1 .23 I i I I I j a`r 33. I I I 7 AC Ih ('i) I ) t6b 1�•,y .IE f 17 I1C,f;5 1 i73: I 12 j ! •(° F I1 I i 1101 9 ! rr N B/' 6 j t +3 j ! Lei ��• I3.� !21 f,.- - ! C ! i I� 2 .�. I i r _ 5 .q/•�-. am.,- ' p 22� '(' , BT P: 1' . : fS:fF . ' r1 f5 vI3?s=L �r.f,-�,.__' .. —pr3.676f 16e !6 16, 16C:5> _6 .`7 !-f ,44,'<•:41 !/ 3P37 J 132 p. �? � ... ..i� „�, �;., ' 1 ,3c •Tc� O, �' €t36137' �E)3�4')4;J��2 S3i Jajc6i<;��.EI `y� 1SC '5! (52: 3 .r.. 9 f I rz _ , •_ 34:3 3E 7 ise.a•' - P4 .1 f7" `I k/� „1 3` :7! 170 6 1 tg. 58i 157 35 `1u153� -.pL.! 14•r-'P./v_G —�I— N:v.F•:SE _ ��C. AL'E•1i/E NOTE - ASSESSORS ELOCKS 4551-550R'S MAP MARCH !96- TRACT NO. 392 M M. /6- 5 LLPCCL /'UMSEP.S 800A 142 PAGE 25 'JUL r t Th'ACT NO. 454 M M 31-15 SHOWA, /N CiRCLES C0414'-Y Of ORANGE 1 a v tom.__. '•L -. - //� � -� - =�,RFNWEST COMMITTEF. TO: The Honorable Mayor and members of the City Council of the City . of Huntington Beach. We , the undersigned.,-311 being property owners , tenants and/or employees of the bu4,jnesses- Yocated in commercial centers located at the northwest corner of Goldenwest and Warner and Southwest corner of that intersection commonly known as the Alpha Beta Center and Ralph's Center respectively;--ar6 aware of a plan to develope the Northeast corner of this intersection with competing commercial uses , and do oppose .such development. NA mPA NAME 4411 : i La Y . 1. C ... i • All. —` er - ___Of _ _ WARNER GOLDENWEST COMMITTEE TO: The Honorable Mayor and members of the City Council of the City of Huntington Beach. We, the undersigned , all being property owners, tenants and/or employees of the businesses located in commercial centers located at the northwest corner of Gold.enwest and ;Darner and Southwest corner of that intersection commonly known as the Alpha Beta Center and Ralph's Center respectively, are aware of a plan to develope the Northeast corner of this intersection with competing commercial uses , and do oppose such development. NAME NAME r-- JL �y C�J 1 - ..ter.__--.. .... • . ...-....._. _-...... ._. ,. WARNER GOLDE,NWEST COMMITTEE TOi The Honorable Mayor and members of the City Council of the City of Huntington Beach. We,, the undersigned, all being property owners , tenants and/or employees of the businesses located in commercial centers located at the northwest corner of Goldenwest and Warner and Southwest corner of that intersection commonly known as the Alpha Beta Center and Ralph's Center respectively, are aware of a plan to develope the Northeast corner of this intersection with competing commercial uses , and do .oppose such development. NAME NAME a,_?az z J, lie. i. WARNER GOLDENWEST COMMITTEE Too The Honorable Mayor and members of the City 'Counoil of the City of Huntington Beach. We, the undersigned, all being property owners , tenants and/or employees of the businesses located in commercial .centers located at the northwest corner of Goldenwest and Warner and Southwest ` corner of that intersection commonly known as the Alpha Beta Center and Ralph's Center respectively, are aware of a plan to develope_ the Northeast corner of this intersection with competing commercial uses , and do oppose sueh ,cevelopment. NAME NAME Ulu a. C _ r�L v 6 - AA r ,k WARNER GOLDENWEST COMMITTEE TOo The honorable Mayor and members of the City Counoil of the City of Huntington Beach. We, the undersigned, all being property owners, tenants and/or employees of the businesses located in commercial centers looated at the northwest corner of Goldenwest and Warner and Southwest corner .' -of that intersection commonly known as the Alpha Meta Center and RalWs Center respectively, are owaro of a plan to develope the Northeast corner of this intersection with competing oommeroial - uses, and .do oppose sueh.4evelopment. 1. NAME NAME V IN THE Superior Court f1F THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH+ CITY CLERK PROOF OF PUBLICATION Public Hearing State of California '' ss L NOTICE OF PUB�LIC'HEARING County of Orange ) REDEYE!OP.MENTAGENCY `OF THE-. _ , 1' ' CITY OF HUNTINGTON BEACH .,' Rita J. Richter NOTICE-IS HEREBY•GIVEN,that a- public hearing will,beheld by the Redo' That I am and at all times herein mentioned was a citizen of velopmentAgency:of the City otHunting- ton Beech,itrilii Council Chamber of the the United States,over the age of twenty-one years,and that.I Civic Center, Huntington Beach,at the am not a party to,nor interested in the above entitled matter; hour of 7:30 P.M.;or as soon thereaftereipossible onMondey.the'2ndd'ayo[June; that I am the principal clerk of the printer of the 1980,-for the purpose of_conaidenbg:Re& f lution .No. 21%of,,the Redeve)o�nre�nt_ HUntington Beach Independent Review ngencyoftheGity'ofHuntingtonBeL"cti approying ponveyanees-of p certain real% ppprty �Cp a newspaper of general circulation,published in the City o(' Sremn tofor. efftaecutuatemeiket:val the Partieiue`to`'Ifpepon4: Agreement byin& een the Redevel. Cent Agency of the City-oL Hun.ingtod Beach and-L.C.small Smd properfy1i Huntington Beach geherally located at iLa nortbe- cDrner County of Orange and which newspaper is published for the of GolflenwestStreeteod Warner Ave disemination of local news and general a f o intelligence l charac- and is more particulwdy'deacrihed ae fola g g 16iv&-.Lota 71.103,104;116,116 of Block, ter, and which newspaper at all times herein mentioned had "C.,and Lots82,67 81',:82,83,64,74,92 6o , and still has a bona fide subscription list of paying subscribers, 9fBlock"D"of'ltraat392,asabown'on, and which newspaper has been established, printed and pub- a map recorded-in Book rda Of 0 5 aC P P t Miacellaiieoue.Nape,,recorda o[Orange; lished at regular intervals in the said County of Orange for a County California. period exceeding one year; that the notice, of which the i . • Further information, may be ob- I twined -from; the. Department annexed is a printed copy, has been published in the regular DevelopmentBervicee=(714)536-627 aE 1�_ and entire issue of said newspaper,and not in any supplement. I All interested persona aie'_invited tdi attend' said,bearing:end azprese their. thereof,on the following dates,to wit: I oppinions..for or•against saidResolution I No.21.- Further information-may be olitained from-the..Of ice ofthe-City Clerk,,2000' May 299 1980 Main Street"Huntington Bead Califor nia 92848 {,TA 536.6227 t DATED Map 15 1980 a ,� CITY OF9HUNTING.T.ON BEACH:�,1 " By ALICiA W. ?WdWORTH HAS City Clerk Pub4.May'18,22 1980 a Hunn4:Beach in ay.A-10274 z I certify(or declare) under penalty of perjury that the forego- ing is true and correct. Garden Grove Datedat.............. ............................... Californ'ethisth.da of May .... 9. ..�... Signature Form No.CAF-6579 IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH9 CITY CLERK PROOF OF PUBLICATION Public Hearing State of California ) County of Orange )ss F1�fII 'OF PUBW G REDEVELOPMENTA CITY OE- TO REACBp .11 Rita J. Richter f ;NOTIGB IS HEREBY GIYENIhat That I am and at all times herein mentioned was a citizen ofpubhcrhearing call be held by the Rede an of the City of?Hunung.: the United States,over the age of twenty-one years,and that I ton�eace4fn the Counctl Csh mberot the am not a party to,nor interested in the above entitled matter; ?Gwc CenterHuntington Beach`:a,the. hour of 7:309P M.,or aeW n thercAfter"as that I am the principal clerk of the printer of the possible on`Monday<tliet2R d of,Juner 1980 for the purpose.4) rnna�dering;Reso. HuntinrytonBeach Independent Review Agent Nod 21 of'`the`�Redeve n-- ct' Agency of t6e.City;_of_Hunt�ngWp:Beiih approving',coriveyance—of eertatn"real a newspaper of general circulation,published in the City of property for fair market value to L C: mull to effectuate the Participation Huntington Beach Agreement by and.betcieen the Redevel- opment Agency of the City of Huntington tl 3 i Beach an L.C.Smull.. aid property is County of Orange and which newspaper is published for the generally located at the noitheast comer disemination of local news and intelligence of a general charac- of Goldenwest Street and Warner Avenueand is more particularly.described ae fol= ter, and which newspaper at all times herein mentioned had lows:Lots 71,103,104,115,116 of Block and still has a bona fide subscription list of paying subscribers, ,'C'and Lots a2,57,61,62 63 64.74,.92,, 96 oPBlock-"D'of Tract 392,ea shown-on and which newspaper has been established, printed and pub- a mapeiicorded in Book 16; Page 5,of, lished at regular intervals in the said County of Orange for a Miscellaneous Maps,records of,Orange period exceeding one year; that the notice, of which the Countyy d6erorme . P g Y Further mformation may lie obi annexed is a printed copy, has been published in the regular timed' -from the Department of and entire issue of said newspaper,and not in any supplement Development Services;17%)638-5271. thereof,on the following dates,to wit: All intereetedpereoos ere �ntited to g attend said hearing and a:prese:,thev opPinions for or against avid Reaolu'tian No.21.. . Turther'infarmetion may be obtained from'the Office of the City Clerk;"2000 Main Street,IHuntington Beach,:Gahfor- ma 92648=(1,14)f638.6227 DATED qy 16 1 May 189 1980 980 CITY OFFJJHlJIfTiINGTON LEACH j May 22. 1980 I . By:nLIC1A M WENTWORTH City Clerk ; Pub`Mey"1&22 29.1980 L}{unt Bescb In�.Rev.tt110274 I certify(or declare) under penalty of perjury that the forego- ing is true and correct. Dated at...............Garden e............... 22nd May 0 Cal' rnia,thi ....... ay ofll . .19........ ZI Signature i Form No.CAF-6579 Publ i sh NOTICE OF PUBLIC HEARING REDEVELOPMENT AGENCY CITY OF HINTINGTON BEACH � �,� NOTICE IS HEREBY GIVEN that �ity -C- d � a .public hearing will be held by the of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 2nd day of June 19 80 for the purpose of considering Resolution No. 21 of the Redevelopment Agency of the City of Huntington Beach approving conveyance of certain real property for fair market value to L. C. .Smull to effectuate the Participation Agreement by and between the Redevelopment Agency of the' City of Huntington Beach and L. C. Smuil . Said property is generally located at the northeast corner of Goldenwest Street and Warner Avenue and is more particularly described as follows: Lots 71 , 103, 104, 115; 116 of Block "C" and Lots 32, 57, .61 , 62, 63, 64, 14, 92, 96 of Block "D" of Tract 392, as shown on a map recorded in Book 16, Page 5 of Miscellaheuus Maps, records of Orange County, California. **Further -informati.on may. be obtained from the Department of Development Services - (714) 536-5271 All interested persons are invited to attend said hearing and express their opinions for or against said_ Resolution No. 21 . Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED i S-8a CITY OF. HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk Number of Excerpts Publish Orice LEGAL NOTICE NOTI E OF P B { NOT HEREBY GIVEN that a public hearing will be held 2!by the f the City of Huntington Beach, California, for the purpo e off conside g os 5`7, 6 / 4�2� 63 6 7�- yZ 79 Said hearing will be held at the hour of P.M. , on in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California. % All interested persons are invited to attend said heari g and / express their opinions for or against the proposed Further information may be obtained from the City Planning Department. Telephone No. (714) 536-5271 DATED this day of . By REQUEST FOR, CITY COUNCIL ACTION Submitted by Paul E. Cook "" Department Public works Date Prepared May 12; 1980 , 19_ Backup Material Attached o Yes No Subject Conveyance of Real Property to Effectuate Participation Agreement between ritX and T._C_ Sm,111 City Administrator's Comments Q:e; pY cc we Res . No. Li 9 7.(0- s119 Approve as recommended. Re! . A/6 ,21 - a lw"ewr Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: �'.. Statement ot issue: 6 The City is obligated under the participation agreement for the .Warner/ Goldenwest redevelopment project to convey City owned lots in the project area to the participant under the agreement, L.. C. Smull. . The attached resolutions would authorize the transfer of- the property to the redevelopment .-agency and subsequent conveyance to Smull. Recommended Action: Adopt the attached resolutionsand authorize their execution by the Mayor and City Clerk. Analysis: The City acquired 13 small lots in the area to .be redeveloped by tax_ collec- tor' s sale in 1961. The lots were originally acquired for possible inclusion in Murdy Park, . although the park boundary was established to the north of these 13 lots and they were not included or used for park purposes. The participation agreement between the City and L. C. Smull covering re- development of this area requires that the City. sell the lots to Smull at fair market value. The City has obtained an appraisal of the subject property from Cedric A. White M.A.I . and determined the value to be $91 ,400 .00. This amount .to be paid by Smull upon conveyance of the property can then be credited to the City' s General Fund from which the lots were originally purchased. Funding Source: None required. PEC:CBD: jy Pio ane CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION.. . • �an�nHcmw u�cf+ To Floyd G. Belsito From H. E. .Hartge Warner-Goldenwest Redevelopment, Date April 28, 1978 Subject Sanitary Sewer Capacity and Traffic Capacity At the City -Council meeting of April 17, 19780, questions were raised about sanitary sewer capacity and traffic capacity as a result of the: proposed development of the 15 acre parcel at the northeast corner of Warner Avenue and Goldenwest Street. Traffic Warner Avenue is a fiajor highway with .a 120' R/W which .will accommo- date 6 lanes divided and .which.can.. carry at least 45000 vehicles per day when fully improved.. Goldenwest Street is a .primary highway with a 100' R/W which can also :accommodate 6-lanes and at least: 45,000 vehicles per day.divided with a parking .prohibition when fully -improved. A.contract will be let shortly to replace the existing traffic signal with an eight phase signal (includes left. turn 'only. feature) and to 'fully improve the intersection to accommodate the anticipated. load. Goldenwest on April .19 and 20 carried 29,174 vehicles per day. Warner carries 28,700 vehicles per day. The subject property would increase the traffic on Goldenwest by 2;80.0 vehicles per day and Warner by. 5,600 .per day. Sanitary Sewer It is planned that the Gold®nwast-Warner .redevelopment: project will sewer directly to Orange .County Sanitation District No 11 Goldenwest Trunk Sewer. The .Sanitation District has reported that their Goldenwest Trunk Sewer., which has a capacity. of. 1.80 million gallons a day (MGD) , ` is currently operating at_ a. peak flow of 1.43.:MGD . (79% of its capacity)'. The Sanitation. District's Master Plan indicates that upon full- development of the tributary area, the Goldenwest Trunk Sewer will become deficient; however, the District is planning relief facilities to eliminate the deficiency in 1980-816 In preparing their Master Plan, the Sanitation bistrict assumed. residential development at this .location with a generation from. the site of 0.06 MGD. For comparison listed below is the estimated sewage genera- tion from this site for other types of development., Estimated Sewage Zoning Generation. in Million Gallons 'a Day Commercial 0.10. Residential 0.06 Medium Density Residential 0.12 High Density Residential 0.38 Industrial 0.12 HEH:jy �1 • CITY OF HunTmGTon BEACH CITY OF HUNTINGTON BEACH REDEVELOPMENT COMMISSION • P. O. BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5271 Honorable Mayor an TO: yo d City Council ATTN: Floyd G. Belsito, City Administrator FROM: Redevelopment Commission DATE: June 13 , 1977 SUBJECT: Joint Public Hearing on Warner-Goldenwest Small Lot Redevelopment Plan On June 13, 1977 , the Redevelopment Commission adopted Resolution. No. 4 requesting a July 25 j-oint public hearing with the City Council and Redevelopment Agency on the Warner-Goldenwest Small Lot Redevelop- ment Plan and EIR. The Commission requests that you approve Resolution yy 75 consenting to and calling a joint hearing to facilitate the processing of the Plan and EIR. f Respectfully submitted, Edward D. Selich Secretary EDS:MF:ja RESOLUTION NO:.4475 A RESOLUTION OF. THE' CITY;_COUNC'IL' OF THE CITY OF HUNTINGTON BEACH CONSE_NTING'TO;' AND 'CALLING A JOINT PUBLIC HEARING ON' THE' PROPOSED.-REDEVELOPMENT . PLAN FOR. THE WARNER'.GOLDENWEST SMALL LOT REDEVELOPMENT, PROJECT -AND THE FINAL; ENVIRONMENTAL IMPACT' REPORT RELATING THERETO WHEREAS, the Community Redevelopment:.`Commiss-ion of ,the City of Huntington Beach..(thee."Commiss.ion")• -by.' Resolution No. 4 on .June 13, 1977',• submitted t.o. the City Council .of- the . City .of Huntington Beach the. prop('?sed'.Rede.vel'opment 'Plan ,for, the, Warner-Goldenwest .Small, L•ot Redevelopment Pro ec.t ,(the "Redevelopment Plan"). .and consented•,to' •and :req•uested. that. the.. -City Council .call: a' Joint, -public` hearing ;of the Commission,: �•. the Agency and .the City C;oun'cil .ao consder' ;and act `upon the proposed Rede_velopment. Plan together with' a public hearing on the final environmental impact repoz't for: the; Redevelopment . Plan'; and The Redevelopment. Agency. 'of, the .City ;of Huntington Beach .(the "Agency!') by. Res olut bn NO 15,ton 'June ,20, 1977, ;also con sented to a.`,j oint public. hearing":o€ .the:�Commi•ssion, the Agency and the City Council to . consider,":and .act- upon the proposed Redevelopment:-Plan,- together- with'':.a' public hearing on. the final environmental impact ..report; ,for;the -Redevelopment :Plan, NOW, THEREFORE, .the 'City Council of the. Ci•ty :tof Huntington , Beach does -resolve. as ,follows SECTION .1'. The 'City. Council- here consents to and, at -the. request of the. Community -Re,devel:6p ient Commission of the. City of .Huntington Beachl and .-the. Redevelopment .-Agency of the City of Huntington Beach'; .calls ':a: ibinf.'public hearing' of' 'the Commission,. the Agency and the CityCounci-1 on .Monday, .July 25, WSA: ahb' 1977, at 7: 30 p .m, in the City Council Chambers , City Hall, .2000 Main Street , . Huntington Beach; California, to consider and act upon the proposed Redevelopment_ Plan for 'the- Warner- Goldenwest Small Lot Redevelopment Project and all documents and ' evidence. pertaining thereto, together- with a joint public hearing on the final environmental impact report for the Redevelopment Plan. SECTION .2. - The City Clerk. of the_ City of Huntington Beach shall,- in• cooperati-ori with :the: Secretary of .the Commission and the Secretary of the Agency, .prep:are., publish : and mail such notices and documents ,. 'and do all;'.other acts as may b.e necessary to carry out the purposes 'of`-thin resolution: PASSED AND ADOPTED by. the ..City Council- of the. City of Huntington Beach at .a regular.meeting ,thereof held on the 20th day of June; 1977. = Mayor ATTEST: APPROVED. AS TO FORM: ox City .Cle.rk y to ey REVIEWED AND APPROVED: INITIATED AND VED City dministrator. • Re o. 447.5 s'rA1'E OF CALIFORNIA ) COUNTY OF ORANGE CITY OF kuurINGTON BEACH ) I, ALICIA M: WENTWORTH;: the 'duly elected, qualified City Clerk.of -the City of Huntington Beach, -and ex-of€icio Clerk of the City Council of said City, do hereby_certify.' that :the' whole number of . members of the City Council of the•'City ?of'Huntington Beach.-is..•seven;. than the foregoing resolution .was .passed and adopted by:the affirmative vote -of more than a majority of .all. the'.'.members- of: said City Council. at a regular meeting thereof held on the 20rh day ;. of June 19 77 - , -by the":follawin' ote: AYES: Councilmen: Bartlett, Wieder, Coen, Gibbs,, Siebert .Shenkman, Pattinson I ' NOES: Councilmen: None ABSENT: Councilmen: None Ciay_Clerk and ex-officio Clerk i 'of .the"-,City Council of the City ' of Huntington Beach, California The•.foregoing instrument is a correct c6py..o'f the original,on file in this office. . Atte t,. 19 1-2. •City.Cle k and'x-officio Clerk of the City Council of the Clty of Huntington Beach, t.i puty .4'' COMMISSION:`_ RESOLUTION 'NO'. 4 ! RESOLUTION OF ;THE:. COMMUNITY: REDEVELOPMENT COMMISSION' OF THE CITY, OF•'.HUNTINGTON BEACH SUBMITTING::THE,.PkOPOS,ED.. REDEVELOPMENT PLAN FOR THE, WARNER-GOhDENWEST 'SMALL' LOT { REDEVELOPMENT: PROJECT,. THE`' REPORT .AND. DRAFT: EIR'..TO 'THE' CITY.{.COUNCIL,''REQUESTING THE CITY',COUNCIL TO 'CALL `AND NOTICE. A JOINT PUBLIC- HEARING ON `SAID 'PLAN AND FINAL �EIR°, 'AND,"TRANSMITTING.;A "COPY_: OF THE . j s REDEVELOPMENT -PLAN TO�'THE 'PLANNING _ COMMISSION f { •WHEREAS,- the Community Redevelopment Commission of the City of Huntington' Beach (the ,'Commission"),: has prepared a.. . p posed Redevelo me nthe.: "Redeyelo ment Plan") for.ro nt ;Pla , (the. Warne r-Gol,denwest Small •'Lot Red evelopment'Project (thei . "Project":) and WHEREAS; ,the' 'California Community ,=Redevelopment Law.l (Health and Safety .Code ,'Section 33355) authorizes a. joint public . hearing' on the proposed Redevelopment Plan with the consent 0f :the . Commiss ion:,• the Redevelopniierit Agency 'and the City Council of'.the; City of -Huntington Beach; NOW,:., THEREFORE, the, Community Redevelopient- Commission of the City .of Huntington' Beach :does resolve `as .follows Section 1. The Commission'.-hereby submits said Redevel- opment" Plan and. Report . (being prepared by the, City staff based- upon:-inforinat'ion presented to the',Conini -ion). and Draft .Environmental Impact Report to`'the City Council. Section 2: The Eommission ;hereby'.con°sents ;to :'.a -joint ' public- hearing, on the proposed Redevelopment Plan•, and ` ,- further., hereby_ requests the City Council .to call a joint public hearing of 'the Commi-ssxon-; the Agency and ,the City. Council on Monday, July -25• , 1977. 7:30p.m.. in the'' .City . Council .Chambers 'to ,consider and' act upon •the proposed. Redevelopment: Plan `and -all`-documents: and evidence 'pertaining thereto, together :wi"th".;a point public hearing on .the Final Environmental 'Impact,. Report+.•for, the .Project'. : ,iY 1 - a k41 •, 1 ' +i. Section 3•.' 'The Secretary. .shal' 'I transmit on behalf of the .Commission a copy !of the`,Redevelopment Plan to the Planning Commission .,of. the City, of Hunt ington• Beach for ' - report and recommendation: ! ' Section 4 The Secretary. of. the .Commission' shall ,. .in- ' . cooperation` with the; Secretary of the, Agency: and ;the Clerk of the. City of. ,Iiuntington -Beach, :;prepare, publish ,.and,'mail notices and.•,documerits ; and do. a1 .,tither, acts 'as may be i necessary, to. .'carry out., th purposes :of:this resolution. ; ADOPTED this .13th f..day o ;June ,' .19,77,' by . . ,the -following,'vote AYES:. -NOES: 3' ABSENT: , Ad rt D. Baz 1, Chiirm ATTEST: Edward-.D Selich,', Secretary, If _2 • CITY OF HunTmGTon BEACH CITY OF HUNTINGTON BEACH REDEVELOPMENT COMMISSION • P. O. BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5271 TO: Redevelopment Agency FROM. Redevelopment Commission �J(/ DATE: June 13, 1977 SUBJECT: JOINT PUBLIC HEARING ON WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PLAN Transmitted for your consideration is the Draft Redevelopment Plan and EIR for the Warner-Goldenwest Small Lot Project Area. This plan was prepared in conformance with the California Community Redevelopment Law and reflects our intent to eliminate development difficulties through lot consolidation. This project does not utilize tax increment financing but will be financed by private -development. We are also transmitting three supporting documents for your review: a market analysis prepared for Business Properties, a critique of that analysis by the Agency' s economic consultant, and a financial * ' feasibility' study of the Redevelopment Plan. (j To facilitate processing of the Plan and EIR, the Commission requests (by Resolution No. 4) a joint public hearing with the Agency and Council on July 25, 1977 . It is the Commission' s recommendation, therefore, that the Agency adopt Resolution No. 15 consenting to a joint public hearing . Respectfully submitted, Edward D. Selich Secretary RESOLUTION' NO: ' 15 A RESOLUTION OF THE. :REDEVELO•PMENT' AGENCY -OF THE CITY OF HUNTINGTON. BEACH,, CONSENT-ING5 .TO A JOINT.• PUBLIC HEARING ON THE`PROPOSED ,REDEVELOPMENT PLAN FOR THE WARNER-GOLDENWESTiSMALL ,LOTiREDEVELOPMENT PROJECT WHEREAS, the Community. Rede�ielopment .Commission of the City of Huntington -Beach (the "Commission")', has -by -Resolu.tion No . 4 on June. 13, 19773' ' submitted to,° the. City_.C.ouncil -of '.the. City - of. . ;:. Huntington Beach a . proposed.: Redevelopment Plan'.for the Warner Goldenwest .Small Lot Redevelopment Project (the •'Redevelopme'nt is Plan' ) and.,.the. Draft - Environmental'.Imp' pt `Rep:ort; on tYieRedevelop- merit Plan_ and requested ',thdt -the,- City Council; and the ,Agency' and + -the City Council calla joint public. hearing o.f. the, Commission, and the Agency .and the City;_ Council A.6 .-consider and act upon the j. proposed Redevelopment- Plan, together faith a"'public hearing on the Final Environmental Impact• -Report fjor the` Redevelopment. Plan; and The Agency.•'.desires to 'cons:entf to and participate in said joint public hearing' on the proposed Redevelopment. Plan, NOW, THEREFORE, the' Redevelopment .Agency of . the City of Huntington Beach does resolve as ,follows SECTION. I . The, Agency hereby consents to,'.a' joint public hear_ ing of the Commission- the .Agency. and the City:Council on' ' Mondayl, �. July 25,. 1977 at T' 30••p' m. in the City Council Chambers t.o consider t upon theproposed . . he Warner=and ac d ` Goldenwest Small 'Lot.- Red eve.lopment :Proj'ect and all . documents' and evidence pertaining thereto;; together;with .a'joint public hearing ; on the Final Environmental- Impaic_t Report_"yfor said, Redevelopment. Plan. A. SECTION 2 . The Secretary ;of uY e .Agency -shall,�.in ,cooperation r' with, the Secretary of the• Commission.and the.';City Clerk prepare WSA: cs publish and mail such notices: and do'cuments';• .and do all- other necessary acts to carry .out `the purposes of this 'resolution. PASSED AND-.ADOPTED, by the Redevelopment 'Agenc,y, -of. the City of Huntington Beach at a' regular."' eeting .thereof :held on the 20th day of June;. 1977 ti ATTEST: hairinan for: Re eye o e f Agencq'1 of --he',City of Huntingfon , E Beach Clerk for• Redevelopment. Agency REV' WED AND- APPROVED: 'APPROVED AS TO FORM: Chi f Executive Officer Advi o e. F 1 i ,' -{1 • .. .- __ -. - _. __. _ ....,-_.....�_.......!3...-+.-4-:.i. +._.._.._.l.l.+..:r.•.-- [.+.._+.ws..,..ww++.+aw..,s.4ii+_+r<r.,4u.._n. .- , .ro a ^iy' • • • Res . No. 15 , ITA`PE OF CALIF013NIA ) i't)UNTY OF ORANGE ) ' I , ALICIA' M'. WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY ('EBTIFY that the f,oregptng resplu' tign was duly adopted by the Redevelopment .ARericy. of the .City of ,Huntington Beach at a meet! n;; of said 'Rt�development, Agency held ' on the 20th day of June , 197 7, and that, it was so adopted by the following vote : AYES : Members Bartlett, Wieder, Coen, Gibbs, Siebert; Shenkman, Pattinson NOES: Members None AI)SENT : Memberc None e Secretary of the Redevelopment Agency of the City of Huntington Beach, The foregoing instrument is a correct. capy of t' original on file in this office. .t _ --- 19 G�koftheCit Cuu1161 of the City of Huntington Beach, Cal. 9y eputy A 1 COMMISSION' RESOLUTION .NO' 4 ' RESOLUTION OF :THE 'COMMUNITY: REDEVELOPMENT: COMMISSION OF 'THE. CITY':OF ;HUNTINGTON.. BEACH SUBMITTING THE,'PROPOSED :REDEVELOPMENT: 'PLAN FOR :THE WARNER=GOLDENWEST. -SMALL' LOT 1 —REDEVELOP,MENT PROJECT:, ;THEE: REPORT. AND` DRAFT EIR TO,"THE CITi,COUNCTL:,, 'REQUESTING' THE CITY COUNCIL-,TO CALL',:AND:NOTICE ;A_ ; JOINT PUBLIC 'HEARING :ON 'SAID PLAN AND" : FINAL EIR., AND,. TRANSMITTING 'A. COPY OF THE REDEVELOPMENT. PLAN -TO•; 'THE- PLANNING 'COMMISSION' F WHEREAS, the Comttiunity Redevelopment Commissi' of', the ` f . City of Huntington. Beach '(the ''Commission") :has.'prepared .a proposed',Redevelopment. Plan, (the "redevelopment Pllan") for-. : the Warne r-Goldenwest:":Small' Lot' tedevehopment P'roject , (the , "Project"). ; and t .t 4 r , WHEREAS, thei.Cali-fornia Community` Redevelopment Law (Health and Safety'' Code »S6dt3.6ii 33355)`,:a, tl .o`r zes:•:�a.i3oint public. hearing on th " .proposdd Redevelopment Plan with .the. -consent of the Commission, the 'Redeyelopment Agency and,,the City Council of the City of Huntington -BeacYi, NOW, THEREFORE, the ,Community=.Redevelopment Commission of the City :of .Huntington Beach: does 'resolve as`'follow'sr Section l . - .The, Commission hereby aub' said 'Redevel- opment Plan and' Report: (be jig:.,.:prepared .by tfi City staff based upon information; presented too : the'-'Commission) and, Draft Environmental Impact''-Report to the Cityf Council: : r Section 2, The` Comm ss16ri: hereby consents -.to,, a .joint,- + ' ' public' hearing on .the• proposed Redevelopment.-Plan, and further, h call a 'joi'nt y public Nearing' of the Commission, the Agency: and the'.City Council on Monday., July '25 .' 197:7', at ,7 :30 gip, in. in •tlie-City Council Chambers to consider -and ,act upon the 'proposed; Redevelopment`Plan-and. 'aII documents 'and; evidence pertaining thereto, together with a joint' tpubl.ic hearing on the Final , . Environmental Impact Report for= ,the Project: r. .YY. :i h Section 3. The Secretary shall. transmit on behalf of i the Commission a copy of the. Redevelopment Plan to the Planning Commission of ,the City of Huntington Beach for report and recommendation.. " Section 4. ' The. Secretary of 'the. Commission shall, in cooperation with the Secretary of the Agency and the Clerk of the City of Huntington Beach, prepare, publish and mail notices and .documents , and• do. all other acts as. may. be necessary to carry out the :purposes of this resolution.: ADOPTED this . day _•of June 1977, .by the-following vote:... AYES: NOES: ABSENT: Robert D.. Bazil, ChairMOK ATTEST: AL Edward D. •Selich, Secretary i i Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 TO: Redevelopment Agency ATTN: Floyd G. Belsito, City Administrator FROM: Planning Commission DATE: �May 31, 1977 SUBJECT: PRELIMINARY PLAN FOR WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT AREA Transmitted for your information is the Preliminary Plan for the Warner- Goldenwest Small Lot Redevelopment Project Area, pursuant to Section 33325 of the California Community Redevelopment Law. This document is in accord- ance with the requirements of Section 33324 (CCRL) which sets forth the contents of the Preliminary Plan. The Planning Commission at its meeting of February 23, 1977 , adopted the Preliminary Plan for the Warner-Goldenwest Small Lot Redevelopment Project Area (Resolution 1193) in conformance with Section 33322 (CCRL) . On February 7, 1977 , the Redevelopment Agency adopted a motion authorizing the Redevelopment Commission to pursue a redevelopment plan for the Warner-Goldenwest Small Lot Area. RECOMMENDATION: In conformance with Section_ 33327 (CCRL) , it is requested that the Re- development Agency direct staff to transmit the Preliminary Plan for the Warner-Goldenwest Small Lot Redevelopment Project Area to the Auditor- Controller, Assessor, Tax Collector-Treasurer of Orange County and to the State Board of Equalization for mandatory taxing agency review of this project. Respectfully submitted, Jr D.OS elich Secretary EDS:RC: ja PRELIMINARY PLAN FOR WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT AREA i Prepared By Huntington Beach Department of Planning and Environmental Resources (Redevelopment Agency Staff) and Urban Projects Incorporated Consultants to the Redevelopment Agency February, 1977 / 1 1 t PRELIMINARY PLAN • FOR WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT AREA 1.0 BOUNDARIES OF THE PROJECT AREA • The boundaries of the Warner-Goldenwest Small Lot Redevelopment Project Area are indicated on the attached Preliminary Plan Map. Generally, the Project Area is bounded by Warner Avenue, Golden- west Street and Orange County Flood Control District Channel (excluding- the developed corner of Warner and Goldenwest).. The Project Area consists of approximately 15. 2 gross acres of resi- dentially zoned (RA)land. 2.0 GENERAL STATEMENT OF CONDITIONS AND STANDARDS The land uses, layout of principal streets, building intensities, and standards proposed as the basis for redevelopment of the Project Area are as follows: 2. 1 Land Uses The proposed land use depicted on the Preliminary Plan Map is: Approximate Acres Commercial-including general retail service 15. 2 commercial and office professional commercial uses 2. 2 Principal Streets The proposed major' circulation network is unchanged from the exist- ing street system. However, consideration may be given to changes, improvement, realignment, or additions in local streets. 2. 3 Building Intensity It is proposed that all permitted uses in the Project Area shall meet minimum standards as required by the City of Huntington Beach General Plan, Zoning Ordinance, and subsequent final redevelopment plans approved and adopted by Ordinance of the City Council. 2. 4 Standards Minimum standards for the Project Area include adopted City standards for street layout and design, land subdivision, and the construction of buildings meeting the requirements of local codes and regulations and the purposes of the Health and Safety Code of. . the State of California. 3. 0 ATTAINMENT OF THE PURPOSES OF THE REDEVELOPMENT LAW The proposed redevelopment program is intended to remedy the following blighted conditions defined in the Health and Safety Code: 1. The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development (S. 33032 b) . 2. A prevalence of depreciated values, impaired investments, and social and economic maladjustment. (S. 33032 e) . The purposes of the law will be attained by the proposed redevelop- ment program through private acquisition and consolidation of sites for development; Agency assistance in acquisition and consolidation when private enterprise is unable to assemble developable parcels; new construction; .and provision of public improvements in con- junction with private development activity. . Tax increment financing will not be utilized in the implementation of this plan. It should be noted that not all improvements and land within the Project Area are detrimental. and injurious to the Project Area but that their inclusion is necessary for the effective redevelop- ment of the entire project. 2 v J 4. 0 CONFORMANCE WITH THE GENERAL PLAN • The proposed redevelopment of the Project Area conforms in principle with the General Plan for the City of Huntington Beach as adopted by the Planning Commission Resolution 1187 on November 16, 1976 and the City Council Resolution 4368 on December- 6, 1976. 5. 0 IMPACT OF THE PROJECT Displacement and relocation of businesses will be unnecessary as the project area consists of undeveloped vacant land. The impact on surrounding neighborhoods will include: 1. The correction and elimination of blighting factors injurious to the environment of the surrounding areas; 2. The addition of commercial and office facilities; 3. Improvement of traffic circulation; 4. Improvement of the real property tax base from commercial development; 5. Increased retail sales taxes from commercial development. Among the intangible factors which are difficult to measure in terms • of "actual dollar value" are the benefits received by the community exemplified by: a. Increased employment generated by commercial developments in the project. b. The creation of an area of which the community can be proud. c. A general upgrading of the aesthetic attributes of the area. d. The preservation and enhancement of a positive environment for the area which will enhance community identity for prospective commercial uses, business visitors, tourists and residents. L-j 3 i € f i s i ���\��h. \� `\a� �"° s�drr ys .,�� G ,� '��¢�4`• �a a= F`����'s�. r^i � � '\ ti :\� ♦ �: im �\�, ss�r��4��;�♦ .}"�` � p a♦'ti^'�w ,.♦ \1,\�`�� '�'a r 51 a "Y 4. j"t� �.�\ �r `h ���'� R�� "`��`�''' ♦ •R�' 3Y+tY�' y$.x � � ` �: �W- XN♦ � : xkP \S{���'t.:•3�3 aV♦ \ A�g ♦\� F ig"\`\ \ \.•' � I M� tc~\�.�.':11 X*N ` �:, `t�. ••\ P f y♦ .J O t� • 1 WARNt AV WARNER - GOLDENWEST PROJECT AREA, BOUNDARY r-- RESOLUTION NO. 1193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH ADOPTING THE PRELIMINARY PLAN FOR THE WARNER-GOLDENWEST SMALL LOT REDEVELOP- MENT PROJECT AREA. WHEREAS, the Planning Commission of the City of Huntington Beach desires to adopt a Preliminary Plan for Redevelopment of the Warner-Goldenwest Small Lot Project Area, and WHEREAS, the proposed Preliminary Plan meets the requirements of Section 33324 of the State Health and Safety Code which sets forth the contents of the Preliminary Plan. NOW, THEREFORE, BE IT RESOLVED., that the Planning Commission of the City of Huntington Beach hereby adopts said proposed Preliminary Plan for the Huntington Beach Warner- Goldenwest Small Lot Redevelopment Project Area. PASSED AND ADOPTED. by the Planning Commission of the City of Huntington Beach, California on the 23rd day of February, 1977 , by the following roll call vote: AYES: Parkinson, Finley, Gibson, Slates, Shea, Newman, Boyle NOES: None ABSENT: None ABSTAIN: None ATTEST: Edward D. Selich g Slates Secretary Chairman i i i CITY OF HUNTINGTON BEACH CA 77 -64 COUNCIL-ADMINISTRATOR COMMUNICATION • HUNTINGTON BFACH To The Honorable Mayor and From Floyd G. Belsito City Council Members City Administrator Subject RESPONSE TO LETTER FROM Date May 5 , 1977 DR. STARK In February, Dr. Margaret Stark of California State University Long Beach addressed a letter to members of the City Council expressing certain opinions regarding the use of redevelopment procedures in an area north and east of Goldenwest and Warner. Planning Director' Ed Selich has responded to Dr.. Stark' s opinions . Both Dr. Stark' s letter and Mr. Selich' s response are attached for your review. Respectfully submitted, G Floy G. Belsito �Q • Cit Administrator y5 FGB:DLC:bb Attachment �r L� • • . j D CITY. OF HUNTINGTON BEACH fit; INTER-DEPARTMENT COMMUNICATION _ UNfING ION HFACII CITY G(• I��I iJ IINGT1j " ri�!';ii� 1S r: t}�iil;fl VE OFFICE To Floyd G. Belsito From Edward D. Selic City Administrator Planning Director Subject DR. MARGARET STARK'S LETTER ON Date April 26, 1977 WARNER-GOLDENWEST PROJECT AREA In response to .Dr. Margaret Stark' s letter (February 21, 1977) , she indicates major concerns about the proposed redevelopment of Warner-Goldenwest and an excessive amount of commercially zoned land in the City. Dr. Stark concludes her letter by offering some alternative recommendation to those specific concerns. This memo is intended to respond to the five (5) issues related to the Warner-Goldenwest site, the four (4) issues .concerning commercial zoning, as well as the alternative recommendations. WARNER-GOLDENWEST SITE - Dr. Stark questions utilization of the redevelopment process to develop commercial uses on this site. Redevelopment law permits all ranges of residential, commercial, in,- dustrial, public facilities, and open space uses within an established project area. i ISSUE ONE - Under this category Dr. Stark questions the fact that redevelopment of the site would entail traditional type development, not redevelopment, and the fact that vacant land will be used. I disagree with her analysis. Under existing law, blighted vacant land is still a viable project for redevelopment. Section 33032b does consider substandard lots as a source of blight. This section reads: "The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development All of the lots in the site, except where private lot consolidation has occurred, are 25 ft. x 100 ft. in size and are considered to be substandard for individual development by City Code. (Lots fronting on Warner Avenue are 25 ft. x 126 ft. in size. ) The Redevelopment Agency may impose stricter development standards than what are normally required by Code by listing such requirements in the agreements to be signed with a single or group of developers. Such agreements would likely result in a project that would be untypical of a "standard development. " ISSUE TWO - I question Dr. Stark' s statement that historically the intent of redevelopment has been closely tied with providing sound housing. In the "Redevelopment and Tax Increment Financing" report prepared by . Ralph Andersen and Associates, the author states: 11 While the expansion of housing is one purpose of redevelopment, it is not the only purpose.. On the contrary, Section 33020 of the Health and Safety Code defines redevelopment in terms of F. Belsito - Page 2 • • April 26, 1977 commercial, industrial, and public uses, as well as residen- tial. Even the ballot argument in 1952 that was written in support of the Constitutional provision authorizing the use of tax increment financing stated at the outset that: 'This Constitutional Amendment provides a method of financing community redevelopment projects by re- lieving general taxpayers. Community redevelopment must be distinguished from public housing. The purpose is to eliminate blighted areas. Under the law, redevelopment, including the construction of streets, curbs, sidewalks, and buildings ' Over the past years this intent has changed to where now the law (effective January. 1, 1977) requires that 20% of tax increment revenues be earmarked for low and moderate income housing. This requirement is most desirable from a community standpoint, in that it would provide the type of housing within the economic range of our lower income residents. ISSUE THREE - Dr. Stark suggests that to. consider the site blighted is ludicrous. I disagree. As previously pointed out in Issue One, the lots are substandard in size and are further plagued with access problems. All the lots front onto substandard, undedicated (private) streets ( 25 ft. wide) except for those lots which front on Warner or Goldenwest Streets. These specific problems meet the intent of the law. There also exist title problems with the land; i.e. , ownership of the lots has been passed to heirs who are scattered throughout the United States and, in one instance, some heirs are reported to be living in Europe which complicates the task in purchasing these particular lots. ISSUE FOUR - Dr. Stark states the use of City monies to subsidize a private commercial developer would make the City vulnerable on several counts and includes: eminent domain for use only in the public' s interest which would not be the case here; public funds used for the write down of land; eminent domain to assemble parcels of land for a private development; and the assurance it would not need to be redeveloped every generation. First of all, City monies or . tax increment revenues will not be utilized in redevelopment of the proposed site. On February 7, 1977, the City Council authorized the Redevelopment Commission to pursue a redevelopment plan for the site, contingent upon the developer' s willingness to offset .staff costs and reimburse the Agency for acquisi- tion of any parcels of land which the Agency may need to acquire in order to obtain a developable site. The Redevelopment Agency would, of course., have the power to utilize eminent domain proceedings in acquiring property. It would only be used after all negotiating efforts have failed. Under the existing law (Sec. 33399) , there are further restrictions as to the Agency' s power and time limitation to use eminent domain for land acquisition as well as providing the property owner with recourse action. Acquiring the land and subsequent development, I feel, would be in the public interest. Specifically, it would increase the City' s tax base F . Belsito - Page l* • April 26, 1977 'and retail sales. More importantly, it would eliminate substandard • sized lots and the possibility of undesirable development on the periphery of the site. Because the Agency may impose stricter development and design standards than Code requires, it is likely that any completed redevelopment Pro— ject would not be the typical standard commercial development. This allows the Agency to have greater control over any project to insure quality development. If a project site is well designed and planned, redevelopment should not have to be repeated for many, many years, if at all. ISSUE FIVE - This concern deals with the Planning Department memo of January 13, 1977, which estimated staff costs and consultant assistance in preparing the plan and estimated offsite improvement costs . Dr. Stark feels these costs were grossly underestimated and did not take into consideration any projected costs for eminent domain proceed- ings . The memo did not attempt to estimate anticipated costs that might be involved if eminent domain proceedings were to be initiated nor any additional costs should a suit be filed against the Redevelop- ment Plan; but they do reflect a fair estimate of normal staff and consultant work involved. Regarding the second part of Dr. Stark 's letter, she questions the need for additional commercial development in the City, based upon the amount of existing development as well as what exists in adjacent cities. ISSUE ONE Dr. Stark questions the need for additional commercial development and specifically the choice of the proposed site; impact of the Westminster Mall on the Huntington Center Mall and interrela- tionship between Seacliff Shopping Center and Downtown Redevelopment; newly completed shopping centers at Goldenwest and Edinger; and other commercial development at Bolsa Chica and Heil . Further, she states the cumulative impact and compatibility of all these commercial developments need to be evaluated - at* what point do they become competitive and counterproductive, how much commercial development can the City support, and, lastly, does the regional context of the City support or restrict the optimal local level of commercial development. In response to the issues raised above, the proposed site is shown on the City' s General Plan to be developed commercially. This land use is also reflected in the proposed Redevelopment Plan which must conform to the General Plan. Dr. Stark's statement that we have not fully analyzed the impact of the Westminster Mall upon the Huntington Center Mall has . no bearing on this project, as the importance of such a comparison of regional shopping centers would be of little value in assessing the need for a community commercial center such as that designated at Warner and Goldenwest. The City has a high disposable income (purchasing power) which has not yet reached a saturation point. Present studies indicate that community commercial development is keeping pace with our current population. The rising cost of new homes in Huntington Beach augments the fact that new home buyers possess a higher income, and therefore represent families with a higher disposable income. A 1974 study by F. Belsito - Page 4 • • "�' April 26, 1977 the Bank of America, "Focus on Orange County, " estimated a medium income for a family of four would be $18, 476 in 1975; $26, 2.79 in 1980; and $35, 167 by 1985. ISSUE TWO - Again, Dr. Stark questions developers' insufficient marketing surveys as not protecting the public interest and the fact that most cities are substantially commercially overzoned, in which she cites from an urban planning textbook, "The Urban Pattern" (19751 3rd edition) , page 301. A market survey is presently being prepared for the proposed Redevelop- ment Project Area, and this survey will project the amount of commercial development that can adequately be supported for the next several years In the area. ISSUE THREE - Dr. Stark feels that the effects of transiency, vacancy, and threatened volume of business rates are already visible due to the Safeway Market (Warner and Springdale) which has been vacant for approximately the past two years and another vacant site at the same center. She feels that, as new commercial sites are developed with improved design concepts, such blighting phenomena will tend to increase and affect surrounding residential areas. She also feels that the negative impacts resulting from policies created to overzone commercial land are well documented in the older urban areas. First of all, it is a well known fact that many businesses fail for one reason or another. The City has experienced and probably will continue to experience such vacancy factors and transiency inherent with private enterprise. Markets often go out of business due to a lesser trade area than what had been previously projected or due to the. competitiveness of food prices. Just because a market or other business becomes vacant does not necessarily mean that it is a bad location. Often the physical design, i,e. , accessibility, lack of sufficient parking spaces, and maintenance of the center tends to dis- courage potential customers. New design concepts will of course continue to change and affect com- mercial construction in the future. However, if an older commercial center is situated in an ideal location it often undergoes remodeling efforts. Such was the case with the Anaheim Plaza. This center was the first open mall to be built in the City of Anaheim years ago. In order to be competitive, this center underwent extensive remodeling and is now on a par with other enclosed malls located throughout the County. , ISSUE FOUR - Dr. Stark feel-' suburban promise lies in not making the same mistakes of older core areas and the fact that many suburban areas- are rising to this challenge. Such long term effects will insure retaining stable populations because something -has been created that people desire, according to her. Dr. Stark feels that the long term effects of unthinking development will insure that Huntington- Beach will follow the footsteps of" other short-lived and declining urban centers. • Nowadays it is not unusual to find older established cities with problem core areas, and Huntington Beach is no exception. Hence the reason for many cities in Orange County to have adopted Redevelopment Plans for their F. Belsito Page 5. April 26, 1977 • central Downtown Areas, such as Anaheim, Garden Grove, Tustin, Sahta Ana, and Fullerton. These older urban centers all have common problems - namely, older structures which may not comply with present codes, a lack of public parking spaces, declining patronage, and unattractive older structures. In the last portion of Dr. Stark' s letter she lists three alternative recommendations. These recommendations include: RECOMMENDATION ONE - In summary, Dr. Stark feels that a commercial study needs to be undertaken prior to committing any additional land to commercial usage; that a moratorium on commercial development should be adopted until planning studies can be completed which can then guide further development in the City. I agree that a commercial study is warranted, and it is currently underway. I disagree that a moratorium should be established. We are presently implementing the adopted General Plan as a guide to develop- ment. To establish a moratorium would present many problems for the City, not to mention a potential loss in the tax base while awaiting the completion of this commercial study. RECOMMENDATION TWO - According to Dr. Stark, "The use of redevelopment . processes should be undertaken only in cases where blight can be unequivocally documented and where it can be demonstrated that the proposed redevelopment is truly in the public interest and would not occur without the expenditures of public funds. " Further, she states that "The areas within this community where the redevelopment process can be utilized legitimately are probably extremely limited and the success of these efforts will depend upon the extent to which the community is consulted and brought along in the range of policy making process which must attend these actions. " Apparently, Dr. Stark does not fully understand the State Redevelopment Law. Redevelopment can only occur where there are conditions of blight and it can be fully documented. If a proposed redevelopment area complies with these requirements, then it is in the public' s interest to initiate redevelopment proceedings. Tax increment financing for revenue purposes is permitted according to the law. The Agency has authorized pursuing' a redevelopment plan for the Warner-Goldenwest site without utilizing tax increment financing. Our redevelopment legal adviser, an expert in his field, is in full agreement that the Warner-Goldenwest site is in compliance with the intent of the law. The definition for conditions of blight was recently modified by the State Legislature and became effective January 1, 1977. There are other areas within the City which also comply with State . Redevelopment Law; namely, the remainder of the small-lot and Sunset Heights areas. The Non-Structural Blight Element of the General Plan, approved by the City Council on May 20, 1968 , sets forth a policy of lot consolidation within those areas due to substandard sized lots which create unbuild- able lots and landlocked parcels. . F. Belsito - Page 6 . April 26, . 1977 Public input to any Redevelopment Project Area is required and • essential. In the case of the Warner-Goldenwest site, such input is anticipated to occur prior to the required public hearing to adopt the plan. RECOMMENDATION THREE - In her last recommendation Dr. Stark advocates a study to carefully evaluate and monitor the viability of existing commercial centers and. the need for new commercial development. She feels new commercial developments need to be channeled into existing commercial .spaces. The whole purpose of the Commercial Land Study will be to assess the current and projected needs of the community in -order to determine a sufficient amount of commercial development that will meet those needs . The purpose of conducting an annual review of the General Plan and all of its elements is .to determine if the City is meeting the changing needs of its population. In essence, this is. a form of monitoring not only commercial but all other land uses within the City. EDS:RC:df TO: Honorable Members of the iiuntinj;ton Eeach City Council • FR0114: Ur. IvIarl;aret J. Stark , Associate Irofessor ,Director, Center for Urban Studies California State University at Lore; beach (Resident of }iuntington Beach, residing; at: 16)41 Birdie Lane) DATE: February 21, 1977 SUBJECT: Proposed Small Lot Redevelopment Project ;it Goldenwest and Warner I am writing because of a. growing general concern about the level of the planning effort in this community and a particular concern about the proposed small lot redevelopment project at Warner and Goldenwest. ay concerns about th.e proposed Warner/Goldenwest redevelopment project center around two primary questions which will be developed in this correspondences (1 ) whether this proposed project is an appropriate and legitimate use of the redevelopment process ; and ( 2) whether the proposed , intended commercial use represents a sound planning decision in the context of the larger community. First, let me spell out my concerns about the use of the redevelopment process to develop the W,!rner/Goldenwest site . The propriety. of using the redevelopment process to develop commercial uses on the burner/ Goldenwest site is open to• serious question on the following; counts:--ihe proposed redevelopment ' project is not redevelopment:. 1he project constitutes development. in the traditional sense , not . redevelopment, and the use of redevelopment processes to develop vacant land is increasingly being called into question as abusive of the intent of state legislation creating and delineating the scope of redevelopment tools. ifistorically, the intent of redevelopment has been closely tied . to the provision of sound housing.. The fact that few redevelopment projects have resulted in the production of housing in the low and moderate ranges does not obviate this historical linkage. --The contention that the proposed Warner/Goldenwest site is b.I.ighted is ludicrous , and will undoubtedly be challenged in the courts. This throws the project ultimately into jeopardy. , and the prospect of litigation on this issue is an expensive prospect _ for the citizens of Huntington Beach. --The use of City monies to subsidize a L%rivate commercial developer in this instance is vulnerable on several counts. The requirement of eminent domain is that it be exercised in the public interest. I think it can be c.ogen_tly argued that this proposed commercial "redevelopment" is definitely not in the public interest, as will undoubtedly . be determined in ensuing public hearings on the project area and project area plan. Whether further commercial development at the Warner/Goldenwest intersection is in the public interest Memhers of th(, huningtton i:e�ich City Council • f'Age 2 mu;t be seriously evaluated . Tho use of public funds to brink; l,rnd costs down to -in economic value for, redevelopment., ,end the use of' the power of eminent domain to facilitate the assembly of parcels for private development are legitimate only if the resultant development can be shown to serve the public interest, and if adequate assurance is given that the same kind of investment to cure similar ills will not need to be repeated every generation. The relevance of, this latter problem will - become apparent in the section of this correspondence treating sound, planning. --The anticipated project costs as indicated in the Planning; Dep;irtment rnemo dated January 13, 1977, are grossly underestimated, given the unpredictability of contingency costs in eminent domain proceedings and elan preparation/implementation litig;,.ition. 'These costs . could conceivably raise the level of public (City) expendi- tures by several magnitudes. Addressing the Wz:rner/Goldenwest "redevelopment" project from the st�:nd- point of sound planning, in the context of larger community concerns in the City raises a number of equally critical problems : -In question is the need for further commercial development in the City ind , more specifically , the choice of thi.s site for further commercial use . 'No have yet to fully absorb the impact of the Westminster Mull on the Huntington Center Mall , the interrelationship• of impacts of the Seacliff Shopping Center, the proposed downtown redevelopment, the newly completed shopping centers at Goldenwest and bolsa, developing major shopping centers at Goldenwest and Edinger, further commercial development at bolsa Chica and Heil, etc . The cumulative impact and mutual compatibility of ;all these commercial developments must be evaluated. fit what point will these centers become competitive and counter. i;roductive? ' This is an unknown, but it is a serious , relevant and critical question for this community. flow much commercial development can we support in such close proximity? Does the regional context of the City augment or restrict the optimal local level of commercial development? To argue effectively that the proposed development is in the public interest ( and .this is required in the use of eminent domain) these questions must be seriously addressed. --Within a several_ mile radius, several expansive shopping center areas are developing simultaneously. Developer marketing surveys are not sufficient .indices to protect the public interest. The developer can walk away once his developments -ire sold or leased. The community inust endure the longterm consequences of further commercial development. 'That are these projected consequences? This question deserves direful, disinterested and unbiased study. Most cities Lire substantially commercially overzoried, and according to Gallion and Eisner, architect/planner co-'authors of The Urban Pattern ( 1975 , )rd edition) , a noted text in urban studies and urban planning curricula: • K s`'itemliers 'of the liuntIrPon !:,each City Council t age 3 "The t;r•os;; excess of commercial zoniilg weighs heavily upon the city. . . .much of this enterpri3e operates on a mart in.il basis. The mortality rate of retail busi.nesc is extremely high, between 15 and 25 her cent ' of the -retail stores going out of business each year. About; one-third of .all retail stores. have life-span of a yeaar or less , one-half remain in business no longer than two years ,' rind ' 16ss than one- quarter remain as long as 1.0 years. Mr. - Robert Dowling, prominent roil P.state counsellor in 'New ''York City, estimated that four or five times as many stores are in business as 'the need demands. "Inducement to engage in uneconomic venturer, is app,Irently strop;, and the impart spreadsfar beyond thefailure of an individual er.itreprerleur• Unst-!ble business enterprise breeds. physical blight. . . . " (p. 301) M ny extensive phopping areas are being developed in such clos6 proximity as to call seriously into question their longterm viability. Thip problem deserves critical evaluation. --Transc.iency , v,,cancy, and threatened volume-of-business rates are already visible in proxim.Ae areas within the City. The Safeway site at `darner and Springdale has been vacant for approximately two years . A second site is v-1cant within that same shoppinc; area. its new commercial sites are developed with slightly improved design concepts , these blighting phenomena stand to increase. The longterm implications of this trend ire commercial blight, high turnover and vacancy factors , and i corollary blighting influence on surrounding residential areas. The negative impacts of overzoning commerci,.l policies are well-documented in older urban areas. -- Phe whole s'uburb�:in promise is. one of escaping; the mistakes of older core areas . . flany suburban sireas are risirw to thin challenge . These areas will , over the long haul, retain st-=.ble populations because they have created something, people desire. . However, the longterm effects of unthinking* development will insure that huntin gton Beach follow the footsteps of. other short-lived and declining urban centers . There is an alternative , and I would like to indicate some recommendations: --de need to evaluate seriously the mix of residential/industriA/ commercial development in this community. An industrial evaluation is presently in the final stages of completion: A commercial study needs to be undertaken i2rior -to the commitment of arw. additional urban land space to this usage . A moratorium on commercial develop- ment should be adopted until planning studies can be completed which can then guide further development in this area. . --The use of redevelopment r,rocosses :should be undertaken only' in cafes where blight can be unequivocally. documented .and where. it can be demonstrated that the I:.roposed redevelopment is truly in the public J Miembers of the huntington beach City Council l ke 4 interest quid would not occur without the expen(ii. ture of public funds. Overbuilding; commercial, with its attend;Int effects of commercial blight and spillover to adjacent residential areas is clearly not in the public interest. The areas within this community where the redevelopment process can be utilized I'egitimat:ely are probably extremely limited , and the success of these efforts will depend upon the extent to which the community is consulted and brought along in the range of policy making processes which must attend these actions. --Careful evaluation ,and on-going; monitoring of the viability of existing commercial. centers and the need for new commercial develop- ment must be undertaken. Newly forming commercial enterprises need to be guided, wherever possible , into existing commercial spaces. Huntington }+ea.ch still has an opportunity to avoid the mistakes of older urban centers in the Southern California area. Re have reaped the benefits of the exodus of residential por>ulation from older urban areas to the promise of our community, but with inattention inattention to the underlying; causes of sur past mushrooming growth , we will simply replicate this hopeless pattern. Already significant population is moving southward in Orange County to "greener pastures . " 1 think t;he time has come for you , as le;ciders in this community to take seriously your public t;rust. Many' of us have invested our futures in the promise of this community; you have an oblig;atior, to see that the quality of life to which we have aspired is not transgressed. examples of enlightened, visionary planning and leadership are growing throughout the Iota i te , and it behooves you, a.:� the custodians of the rubli.c trust, to exaine seriously the range of critical issues raised_ in this corres- pondence i the context of the aspirations of . t:he. memberb of this community. Res- ct 'ul y . ur , Marg_ e J. S k, h. cc . odes this correspondence are being made available to intere3ted rsons in the community. , 4 db ADDENDUM/ERRATA PROPOSED WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PLAN ENVIRONMENTAL IMPACT REPORT 77-4 Page 1; Section 1. 0 Introduction The Environmental Impact Report for the proposed Warner-Golden- west Small Lot Redevelopment Plan has been prepared by the Bean-Bese�epment-Seettea Advanced Planning Section of the City of Huntington Beach Planning Department. Page 1; Section 1. 1 Planning Area The proposed Redevelopment Project Area is located in the northwestern section of Orange County, California, in the City of Huntington Beach, as shown in Figure 1-1. This section of Huntington Beach commonly referred to as "Encyclopedia Lots" comprises the Project Area (Figure 1-2) . FoA the punpos e o 4 this xepott, "Encyclopdeia Lots " arse dej fined as those .Lots cxeated .in .the eax.2y 1920 ',s which axe conzidexed to be zubz tandaxd .in z ize by pxezent City codes , genexatty being 25 ' x 126 ' and 25 ' x 1 00 . & ' .in size. Encompassing approximately 15 acres of vacant land, the Project Area is geneally located at the northeast corner of Warner Avenue and Goldenwest Street (excluding the developed corner of Warner and Goldenwest) , and surrounded by residential areas, a city .park, high school facility, and commercial shopping center. Page 5; Section 1. 4 Methodology The analysis of the environmental impacts within the Warner- Goldenwest Small Lot Redevelopment Project Area conform to the requirements of the California Environmental Quality Act (CEQA) . AU xe6etence documents .2.isted .in this xepoxt axe on 6ite in the City Ctexk 'z oJJice, Planning Department, and Centtat L.ibxaxy. Page 7; Section 2 . 0 Envirenmental-Sett!inej Summaty 2 . 0 SUMMARY This Section summakize6 .the � indings o f the majox env.ixonmentat .impacts and ,the.iA mitigating measuxes Aesutting 6xom ,impte- menting the proposed plan as weft as attexnat.ives to the propo6 ed action. The proposed Redevelopment Project Area .is .located in the northwestern section aj Orange County, Cati6orn.ia, .in the City o6 Huntington Beach at the northeast corner o6 warner Ave- nue and Gotdenwest Street. The area contains approx.imatety 15. 2 gross acres and ,is prey entty vacant. The Env.ixonmentat Impacts and Mitigating Measures are' bound in Section 4 . 0. The .land within the Project Area is presently vacant. AU o6 the .fats .in the Pt o j ect Area are s ubstandaxd .in size (majority are 25 ' x 100 ' ) and commonly referred to as "Fncyctopedia Lots . " The proposed plan designates g enerat commerc.iat .land uses box convenience reta.it an o 6 6.ice uses which may .include drugstores , grocery stares , banks , Uq uor stores, g enerat o/s 6.ic e uses and anc.ittary uses . Topography w.itt change due to grading and 6.itt on the site to accommodate new construction. The C.ity's Department o6 Bu.itd.ing and Community Development requires an engineering geotog.L6t'6 anatys.is to determine geotog.icat conditions on the site an that bu.i.ld.ings must eonb.orm to re6.Lst a seismic 6orce equal to . 186 gravity. Development o6 the Project Area w.itt have m.in.imat .impact upon vegetation and w.itdt.ise .in the area. A mitigating measure xeeommends a quatib.ied arehaeotog.ist su66icientty cteax con- struction area aj archaeotog.ieat data pr,iar to any grading 6or development due to the 6act that an archaeotogicatty s.ign.i6.ieant site has been identi6ied on the site although two-thirds o6 the site has been destroyed. A change .in .land use w.itt result .in add.itionat widening and improvement a6 Warnetc Avenue and Gotdenwest Street to accommodate inerea6ed' tra66ic volumes . This wilt xesutt .in increased congestion, a.in. pot-tut.ion, and noise along the axtex.iat street system. Pubtic work.6 has recommended a suture tra.6j.ic s.ignat to be .inztatted on warner Avenue to serve the Project Area when developed and high zchoo-Z pnesentty .located on the south side o6 warner Avenue between Gotdenwest and Gothard Streets . During the construction phase_ there would be a temporary .i.nerea6e .in a.ir pottution 6xom the site. Controt o6 the construction activities .is pxov.ided for by the C.ity's tocat oxd.inance and on-,site .inspections aver the short-term as a mitigating measure. Air pottutants w.itt increase when the Project Area .is Gutty developed and w,itt y.ietd a net emission jV gain to the South Coast A.i& Basin o 4 . 56• tans pen day. Devet- opment in accordance. with the Redevetopment Ptan Witt not substant.iatty aijeet teg.ionat a.i& -quatity, .its ejje.et must be cons.ideted as an .inctement .in the eumutat.ive deg&adat.ion o6 the basin. Noise tevetz Witt incxease du&.ing eonztnuct.ion due to the p&es enee o j heavy equipment o j s ho&t-team dutat.io n, however:, these tevetz ate not eons.ide&ed s.ign.i6icant. The noise tevetz .in. the immediate v.ic.inity -oi. the site may be expected to ineteaze by about . 6 dBA along Watnet Avenue ( 6&om 67 dBA to 67 . 6 dBA at 100 beet 6tom tight-o6-way edge, L50 ) and by . 2 dBA along Gotdenwest Street ( Jtom 67 . 5 dBA to 67. 7 dBA at 100 beet 6tom tight-o6-way edge, L50) due to site generated ttaij.ie. The Genetat Ptan Noise Etement p&ov.ides suggested methods bo& minimizing noise .impacts along the C.ity 's a&ter.iat stteets and highways . Existing pubtic setv.ices ate adequate to setve the Pto1ect Area when d.evetoped. The Potd.ce Depattment indicates an add.it.ionat two o66icets would be tequ.ited. to ptov.ide adequate p&oteetion. A mitigating measu&e wou?_d .include ons.ite secut.ity ptotect:ion to minimize the .ineteased demand on the Potiee Depattment. Futu&e development should eonjotm to the Catisotn.ia Attotney Genetat's seeut.ity ptov'Lzions . The need 6o& add.it.ionat ut.itity zetv.ices Witt .increase with development. The proposed shopping eente& Witt .increase the consumat.ion o6 natutat gas by apptox.imatety 2 . 5 mittion cubic beet pet yea& and etectt.icity by 4. 1 m.ittion k.itowatt houts pet year. Suppty.ing these se&v.ices .is not anticipated to be a p&obtem untess 6edetat .tegutations aj6eet Southe&n CatiAotn.ia Gas Company's supp.Ly o& .i j Southetn Cati6o&n.ia Bd.ison's ptans to proceed with butute eonsttuet.ion o6 new genetat-ing jac.itit.ies continues to be detaued. Mitigating measures. .include enexgy conse&vat.ions measures Jot new sttuetutes . Sewe&, waxen, and s of id waste d.is posat s etv.ices Jot the Pto j ect Atea ate genetatty pxov.ided as a no&mat extension o6 existing 6ae.itit.ies and would not ptesent ptobtems . Existing sewet and water tines would be adequate to se&ve the proposed shopping center. Mitigating measures .inctude waxen eonsetvation. The proposed shopping centers Witt .ine&ease ovetatt sotid waste genetat.ion by 205 tons pen year which can be adequately handfed by existing waste sites and new teptaeement sites . i The ptoposed shopping cenzen is expected to Ae.nve a de6.ined matck.et ahe.a containing appnox.imatety 8-4, 700 pennons . Popuf-a- .tion within the one and two m.iZe�s ob the Piojeez Akea is about . 29, 700 and 76, 200, nespeet.iveZy. Aequi,s.ition ob at.. the existing tots whezhen by paivate means on. through Agency assistance would be neeez6atcy in order to pTov.ide a site zu.itabte bon commeAc.iaZ devetopment. P&ope&ty acqu.i6 ition by the Agency wiZZ nezutt in dizptaeement o6 hotdout pnopenty ownenA . However, aZt property ownenz zhaZZ neee-ive 6a.i,% manhe-t value bate ,the,itc .hand. Ptcopettty owners w.iZZ be given the opportunity and encouraged to paktic.ipate .in the deveZopment ob the,i.n pnopenty. Retoeat.ion o b nez iden tz and businesses , _ and demot it.io n o6 s.tnuc-tunes w.itt not be %equited as the Project Area consists o6 vacant .hand. Mitigating meazuAeh would insutce the opportunity bon pteopenty ownen6 to pat tic.ipate .in deveZop.ing the.in land .ib not aequ.ined by pn.iva-te patties on by the Agency. Tnneven6.ibZe env.itconmentat changes w.itt. .include: .boss ob open space as the p>z.ivate vacant ,hand is developed with commene.iaZ uses; attena,t.ion o6 topog taphy w.itZ be an .innevens-ibX e change; constnucx.ion maten.iatz 06 m,inenatt, otc,ig.in w.iZt . be needed bon deveZopment to occur, and bose.it buetz w.iZt. be committed bon .bong petiodz to zatisby toeaZ energy demand; othetc env.inonmentaZ changes may o ceun as a &ez utt o b the pno pops ed .hand use but the z.ignib.icanee ob the action shoutd be evaZuated. AZtennat ivez to the ptcopoz ed action .include having no pAo ject. Such action w.iU pnobabZy nezutt .in no development on at the most, matcg.inaZ devetopmenx oecutc.ing on thesite. The City and 6choot, dizt/c.icts would atzo .6u66e& btcom a Zack ob .inctceazed kevenue. 74 .the Project Area is developed with a .-owe& eommenciat density, there would be a d.izpZacement ob biotic inhabitants; a reduction .in demand bot energy zuppZies may ne.6uZt; a Zeszen amount ob tevenue4 would accrue to the city and zchoot. d.iztn.ictz but gn.eaxen .than the pnezent revenue .ib the .hand continues .in its vacant catego&y. A high-et commenciat density would pZaee a gneate& demand on energy 6uppZies and tnanzpotctation netwo&kz; the totaZ tna6b.ic volume may .inetcease as would noise Zevetz and a.in pottu.tion. There would be tezz onz ite area te6t bon tandzcap.ing on o.then aesthetic additions . A h.ighen commenc.ia2 density would y.ietd gtceatvL teevenuez .to the City and schoot d.izttc.ictz . LUG The ptoposed Redevetopment Ptan can be conzidened a 6acton which, in conjunction with the .poticie6 o6 the City, wilt induce and introduce economic growth. The imptementation o6 the pnopozed Redevetopment Ptan shou.td attow the Pno1ect Anea to achieve the t evet o6 growth provided 6 on in the ptez entty adopted Genenat Ptan. Page 7 ; Section-�.�--Bn�* enxtenta�-Settng Section 3. 0 Envitonmentat Setting Page 9.; Section 2 .1.1. 3 The term "Newport-Inglewood Structural Zone" is applied to the complex elongated zone of folds and faults present in the sedimentary bedrock beneath the Los Angeles-Orange County coastal plain. The localization of the structural zone in this area is thought to be due to the presence of a master fault in the crystalline basement rock that underlies the sedimentary bedrock of the Los Angeles Basin. Movement on this master fault has placed continuing stress on the overlying sedimentary bedrock, which has responded by folding and rupturing in the complex "wrench" pattern discussed above. Page 19; Seetien-3-9--Rn� �eneata�-� tpaets-and-A4itigatng-A4ea9tx�es- Sec.tion 4 . 0 FnviAonmenta.t Impaetz and Mitigating Meaaunez Page 23; Section 3 . 4 Cultural Resources it is recommended that a qualified archaeologist sufficiently clear construction areas of archaeological data,-prior to any grading for development. An archaeologist should also be present during all phases of grubbing and grading. If significant data are discovered during grading, the machinery should -be diverted until adequate salvage is performed. Page 27; Section 3. 8. 1 Police Service The Police Department operates from one police facility located in the south central section of the City near Main Street and Mansien YoAktown Avenue. The present level of police manning is approximately 1. 14 officers per 1000 persons . �Pi�e-pregesed-ehange-�n-iand-txse-wetxid-�esr�it-in-a-net-�n- eeeased-pept�iatien-e�-3;3i�. Police levels would have to be increased by two officers to provide adequate protection to the new residents. Page 37; Seetien- - --�iite�nat �res-tethe-P�epesed-�ietien Section 5. 0 Attennativez to the Proposed Action 1 • , Page 38; Section 4. 2 Eminent .Domain for Public Project The impacts from such public facilities would not be as substantial as those generated by a shopping center. However, revenues accruing to the City and school districts would be nil or considerably less than those generated by commercial uses. Page 41; Seeten-5-9--Sige�t-�e�m-Hses-aad-teng-feat-Predaetg� tp Section 6. 0 Shott Tenm U4es and Long Team Productivity Page 43; Beeten-6- --�� e�esb�e-Ene� enxteata�-2hanges Section 7 . 0 Innevetsibte Envitonmentat Changez Page 45; Seete�i- -9--6�®path- �eltsetr�g-�mpaets Section 8 . 0 Growth Inducing Impacts Number "of Excerpts Publish Once LEGAL NOTICE NOTICE OF JOINT. PUBLIC HEARING ON REDEVELOPMENT PLAN_. AND FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WARNER-GO LDENWEST SMALL LOT REDEVELOPMENT PROJECT NOTICE IS HEREBY GIVEN that the City- Council of •the City. of Huntington Beach, the Redevelopment Agency of the City of Huntington Beach (the "Agency"). and the Community Redevelopment Commission of 'the City of Huntington Beach (the "Commission") will 'hold .a. ioint public .hearing .on. Monday, July 25, 197.7, at 7 :30 p.•m. in the- City Council Chambers, . located, at City. Hall, 2000 Main Street Huntington Beach, California; to 'consider the. Redevelopment Plan .for the Warner-Goldenwest Small Lot Redevelopment Project., and to consider all � evidence. .and testimony for or against the approval and •adoption• of• the. Redevelopment. Plan. At any •tinie not later .than the hour. se.t forth above for . the. hearing Of ..Objections to. the -proposed Redevelopment Plan, any person .may file. in writing. -wi:th the. City Clerk of the. City of Huntington Beach., a.. statement: of his objections- to the proposed Redevelopment Plan. At the day; hour..and place of h`earing, , any and aI,._.persons having any objections to the proposed Redevelopment Plan,. or who deny. the. existence of blight in' the proposed Project Area, or the regularity of any of the .prior proceedings',, inay..appear before the City Council, ,the Agency_ and. the - Commission and show cause why the proposed' Redevelopment Plan• should not_ be- adopted. At. the hour set forth •above- for hearing of objections-, the' City Council, the Agency and the Commission shall proceed to hear and pass upon all .wri.tten .and, oral- objections to the proposed Redevelopment Plan. In addition, the City Council, the Agency and. the Commission will: at the ' same .time_ and place .hold:: a joint ,_public hearing to consider. the Final Environmental Impact Report for the .-Redevelopment Plan, and ..cons.ider all evidence and tes.tiinony for or against the certifi.cation -of thi-s. Final Environmental Impact Report: At the .day., hour and place of ' the hearing:, all• interested persons. .des•iring to comment on,. or having objections to the content or adequacy of the Final Environmental Impact Report,. may appear before the City Council and the Agency and. be. heard The general . goals' and objectives of . the proposed. Rede.- velopment Plan are - (1) eliminating conditions .of blight that. presently exist within the Project. Area through land.assembly., -new construction and new development; . (2) broadening the . municipal economic base by developing the Project Area into ' - - - � .._--ti^•.--".r. -..- .•m-tir,L, .ter- - _ ... _ -, .. _., . .. ,. a retail commercial shopping center; and. (3) improving tyraffic circulation cwithin the Project -Area including major and primary street improvements. THE REDEVELOPMENT PLAN DOES NOT AUTHORIZE ANY ALLOCATION OF TAXES TO THE AGENCY. PURSUANT TO SECTION -33670 OF THE HEALTH AND SAFETY .CODE. The boundaries of the area :included' within the proposed redevelopment Project Area are specifically described in Exhibit "A" attached hereto and made a part hereof. Interested persons may..inspect,•and upon ..the payment of the costs of reproduction; obtain .copies of .the proposed Redevelopment Plan,. the Report .of _the Commission to the 'City Council on the proposed Redevelopment Plan, the Final Environmental Impact Report and any other information per- taining to the Redevelopment Plan at-the office of- the Redeve]noment. Acency of the City of Huntington Beach, 2000 Main Street Huntington. Beach.; California, and at the. office of th-a ty Clerk, City, Hall,: 2000 Main Street ; . ; Huntington Beach,. California,. Rules for ,Owner Participants, Business Occupants and' Pr.operty. Owners Desiring to Participate in Redevelopment implementing those'. features of:.the Redevelopment Plan pro viding for participation by property owners; tenants, and business occupants in the .Project Area- with be adopted prior. to the public hearing and. copies:. of such rules will be available for public. inspection at. the offices of the Agency and .the City Clerk. By the order of the City Council of -.the City of Huntington Beach: Further information maybe obtained from the City .Planning Department. Telephone No.; (714) 536-5271 DATED: June 23, 1977 City Clerk City 'of. Huntington Beach Published: .June 23;." 1977 June 30, :1977 July 7, 19.77 July 14, 1917 July 21, • 1977 -2- EXHIBIT .A " LEGAL DECRIPTION OF PROJECT AREA That.portion of .the Southwest ones-quarter of the Southwest .one-quarter of. Section 23', Township 5 South, Range..11 West, in the Rancho La Bolsa Chica and the Rancho Las Bolsas, .in the. City of'..Huntington Beach,, County of Orange, State of California, as shown on .a map recorded in � . book 51 page 13 of miscellaneous maps in the office of the County' Recorder of said county, also -being a portion of-Tract No. 392 as shown on a map recorded in b6ok. 16 page 5 of. miscellaneous maps in the 'office of the County Recorder of said county, described as follows ; Beginning at the southwest corner. of said.,Section 23 , ; also being the centerline intersection of- G61denwest Street and-Warner Avenue; thence North 00 45 ' 30 West 282.00 feet along the west Line of-said- Section 2.3,,' ' also being the centerline of Goldenwest Street;" thence North 890 .25 ' 60" East 30 . 00 feet to .the southwest corner of Lot"16 of. BYock C of said j Tract No. 392 , said point being the' True Point-of Beginning and lies of i a line parallel with .and 30 .00 feet .Easterly, measured at right angles , from the West line -of said. Section. 23, " said parallel line Also being the : west boundary line of said Tract No. • 392; thence. North 00 451 . ,36" West 352 . 78 feet along said line to the North right 'of=way line of Huntington, Place as shown on said map of Tract 'No. 392 ; thence.-North 890 2.6 ' 35". . E6st. 1291. 00 feet along. the north line, of- sa d" Huntington Place and its , easterly extension to .the east line of -.said southwest quarter- of the . southwest quarter .of .Section 2J also being' the east "line of said Tract No. 392 ; thence South 00 45" 30" East 604 . 92' .feet. 6-long said "Iast mentioned line to the South line 'of said Tract 'No. "392 being. a line parallel with and 30 ' 00. feet -northerly:,. measured at right angle from the. south line of said 8'ectiori. 23. .also being the - centerline of Warner. Avenue; thence South 890 26 ' 57" West 1089 . 23 feet alon'g-said South boundary line of Tract No. 3922 _ to the.. southwest_ corner of Lot 30, of Block C of said Tract No. 39.2;"' .thence North 00 45' 30 West 252 .60 feet along the west line of. said .Lot . 30 , . its: Northerly- extension and the West line of Lot 63 of .said Block C'. to the northwest. corner - o"f said Lot.63 , thence South 890 26 ' 57" West .201. 76 feet alonq. the South line of Lots 71 , 70 , 69 , 68, and 1.6 of said B1ock .0 to .the ,True .Point of Beginning. REDEVELOPMENT PLAN FOR THE WARNER-GOLDENWEST SMALL LOT PROJECT AREA Section 1. 0 (S100) INTRODUCTION The development problems of the Warner-Goldenwest Small Lot area have been known for some time. Since its identification in the Non-Structural Blight Element ( 1968 ) along with several other similar areas, investigations have attempted to develop solutions to the serious development obstacles there. The conclusion of _these studies is that utilization of the California Community Redevelopment Law is the most appropriate means of maximizing the potentials of this area. Toward this end, a Project Area Boundary and Preliminary Plan were adopted by the Planning Commission on February 23, 1977 and accepted by the Redevelopment Agency on June 6, 1977 . Growing from the Preliminary Plan, this Redevelopment Plan is intended to remedy the inadequate subdivision and economic maladjustment of the Project Area through private acquisition and consolidation of sites for development; Agency assistance in acquisition and consolidation when private enterprise is unable to assemble development parcels, new construction, and provision of public improvements in conjunction with private development activity. Tax increment financing will not be utilized in the implementation of this plan. 1 s This Redevelopment Plan for thE! Warner-Goldenwest Small Lot Project Area has been prepared for the Huntington Beach Redevelopment Agency according to the Community Redevelopment Law of the State of Cali- fornia , the California Constitution, and all applicable local laws and ordinances. The Plan is in conformance with the City' s General Plan. 1. 1 (S101) General Definitions The following definitions will. be used in this Plan unless the context otherwise requires: 1. 1. 2 (a) "Agency" means the Huntington Beach Redevelopment Agency, City of Huntington Beach, California.. 1. 1. 3 (B) "City" means the City of Huntington Beach,- California. 1. 1. 4 (C) "City Council" means the City Council of the City of Huntington Beach. 1. 1. 5 (D) "Discretionary Projects" means an activity defined as a project which requires the exercise of judgment, delibera- tion, or decision on the part of the public agency or body in the process of approving or disapproving a partic- ular activity as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. 1. 1. 6 (R) "Map" means the Redevelopment Plan Map for the Warner- Goldenwest Small Lot Redevelopment Project Area. 1. 1. 7 (r) "Ministerial Projects means as a general rule those activities defined- as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts- in a prescribed manner in obedience to the mandate of legal authority. With these projects, the officer or agency must act 'upon the given facts without regard to his own j judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some .degree, a construction of its language by the officer. ' 1. 1. 8 (G) "Owner" means any individual or entity owning "real property" as defined herein. 1. 1. 9 (H) "Person" means any individual, or any public or private entity. 1. 1. 10 (I) "Plan" means the Redevelopment Plan for the Warner- Goldenwest Small Lot Redevelopment Project Area. l. l. 11 (J) "Planning Commission" means the Planning Commission of the City of Huntington Beach, California. 1. 1. 12 M "Project means any undertaking of the Agency pursuant to this Plan. 1. 1. 13 (L) "Project Area" means the Area included within the bound- aries of Warner-Goldenwest Small Lot Redevelopment Project and is used interchangeably with the term "Redevelopment Project" herein. 1. 1. 14 (M) "Real Property" means land; including land, buildings, structures, fixtures, and improvements on the land; property appurtenant to or used in connection with the land; every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage or otherwise and the indebted- ness secured by such liens. 1. 1. 15 (N) "Redevelopment Commission" means the Huntington Beach Community Redevelopment Commission. 1. 1. 16 (0) "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Section 33000, et seg. ) :L. 1. 17 (P) "State" means the State of California. 1. 2 (S102) Redevelopment Project Objectives The Warner-Goldenwest Small Lot Redevelopment" Plan has the following objectives : 1. 2. 1 (A) Consolidation of undevelopable lots to eliminate non- structural blight. 1. 2. 2 (B) Expansion of the municipal economic base through develop- ment of commercial uses. Section 2 . 0 (S200) PROJECT AREA BOUNDARIES AND DESCRIPTION The boundaries of the Warner-Goldenwest Small Lot Redevelopment Project Area are indicated on the Map. Generally, the Project Area is located at the northeast corner of Warner Avenue and Goldenwest Street (excluding the developed corner of Warner and Goldenwest) . The Project Area consists of approximately 15. 2 gross acres.. The legal description of the Project Area is as follows: That portion of the Southwest one-quarter of the Southwest one- quarter of. Section 23, Township 5 South, Range 11 West, in the Rancho La Bolsa Chica and the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in book 51 page 13 of miscellaneous maps in the office of the County Recorder of said county, also being a portion of Tract No. 392 as shown on a map recorded in book 16 page 5 of miscellaneous maps in the office of the County Recorder of said county, described as follows: Beginning at the southwest corner of said Section 23, also being the centerline intersection of Goldenwest Street and Warner Avenue; thence North 00 45' 30" West 282 . 00 feet along the west line of said Section 23 , also being thE! centerline of Goldenwest Street; thence North 890 25' 00" East 30. 00 feet to the southwest corner If Lot 16 of Block C of said Tract No. 392 , said- point being the True Point of Beginning and lies on a line parallel with and 30. 00 feet Easterly, measured at right angles, from the West line of said Section 23 , said parallel line also being the west boundary line of said Tract No. 392; thence North 00 45 ' 30" West 352 . 78 feet along said line to the North right-of-way line of Huntington Place as shown on said map of Tract No. 392; thence North 890 26 ' 35" East 1291. 00 feet along the north line of said Huntington Place and its easterly extension to the east line of said southwest quarter of the southwest quarter of Section 23 also being the east line of said Tract No. 392 ; thence South 00 45 ' 30" East 604 . 92 feet along said last mentioned line to the South line of said Tract No. 392 being a line parallel with and 30. 00 feet northerly, measured at right angles from the south line of said Section 23 also being the centerline of Warner Avenue; thence South 890 26 ' 57" West 1089. 23 feet along said South boundary line of Tract No. 392 to the south- west corner of Lot 30 of Block C of said Tract No. 392 ; thence North 00 45 ' 30" West 252 . 00 feet along the west line of said Lot 30, its Northerly extension and the West line -of Lot 63- of said Block C to the northwest corner of said Lots 63, thence South .890 26 ' 57" West 201. 76 feet along the South line of Lots 71, 70, 69, 68, and 16 of said Block C to the True Point of Beginning. Section 3. 0 (S 300) USES PERMITTED AND DEVELOPMENT GUIDELINES 3. 1. 1 (S 301) Map The Map illustrates land uses to be permitted within the Project Area as well as the location of the Project Area. All development within the area shall conform with land uses indicated on the Map, as defined in Section 302 of this Plan. 3. 1. 2 (S 302) Commercial Uses General Commercial - It is shown on the map for general commercial and shall be developed for convenience retail or office uses. These uses shall include, but not be limited to, drug stores, grocery stores, banks, liquor stores, personal services establishments such as laundry, barber shops, dry cleaners, general office uses, medical and dental offices, and related ancillary uses. 3. 2 (S 303) Standards for Development All real property within the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed or otherwise changed after the date of adoption of this Plan except in conformance with the provisions of this Plan. All requirements of the City' s C'2 Zoning Ordinance as it now exists or is hereafter amended shall apply to development within the Project Area. The Agency is authorized with respect to individual parcels subject to land disposition agreements or on a participation agreement to establish such additional development standards as may be necessary to assure that the objectives of this Plan are met. Such standards may exceed but may not be less restrictive than the requirements of the City' s Zoning Ordinance. 3 . 2 . 1 (S 304) New Construction All new construction shall comply with all applicable State and local laws in effect from time to time including, without limitations , the Building, Electrical, Heating and Ventilating, Housing and Plumbing Codes of the City of Huntington Beach. 3. 2 . 2 (S 305) General Development Standards 1. The Agency shall establish setback and lot area requirements for all new development within the Project Area which may exceed the requirements of the City' s Zoning Ordinance. 2. The Agency shall require that, as feasible, adequate landscaping and screening be provided for each use to create buffers between those areas designated for different uses. All outdoor storage of materials or equipment shall be enclosed or screened by walls, landscaping, or other enclosure to the extent and in the manner required by the Agency. 3 . The approximate amount of open spaces to be provided in the Pro- ject Area is the total of all areas which will be in the public rights-of-way, the public grounds, the space around buildings, and other outdoor areas not permitted to be covered by buildings. Landscaping plans shall be submitted to the Agency for review and approval to ensure optimum use of living plant material. 4 . In all areas sufficient space shall be maintained between build- ings to provide adequate light, air, and privacy. 5. The Agency shall require that all utilities be placed underground when physically and economically feasible, or when not feasible, all above-ground utilities shall be placed at the rear of parcels. 3. 2 . 3 (S 306) Design for Development Within the limits, restrictions, and controls established in the Plan, the Agency is authorized to establish type, size, number and heights of buildings , land coverage, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed and no existing improvement shall be substantially modified, altered, repaired, or rehabili- tated except in accordance with architectural, landscape, and site plans submitted and approved in writing by the Agency. Such site plans must conform to all provisions of this Plan, development standards and design controls hereafter established by the Agency, and shall reflect attention to good design, open space, and other amenities necessary to enhance the aesthetic quality of the Project- Area. 3 . 2 . 4 (S307) Minor Variations Under exceptional circumstances, the Agency is authorized to permit a variation from the limits, restrictions, and controls established by the Plan. In order to permit such variation, the Agency must determine that: 1. The application of certain provisions of the Plan would result in practical difficulties or unnecessary hardships inconsis- tent with the general purpose and intent of the Plan. 2. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. 3. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. 4 . Permitting a variance will not be contrary to the objectives of the Plan. No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare and to assure compliance with the purposes of the Plan. 3. 2 . 5 (S 308) Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors would be incompatible with the surrounding areas .or structures shall be permitted in any part of the Project Area. 3 . 2. 6 (S 309) Resubdivision of Parcels No parcel in the Project Area, including any parcel retained by a conforming owner or_ participant, shall be resubdivided without the approval of the Agency. 3. 3 (S 310) Development and Building Permits within Project Area 3. 3. 1 (S 311) Review of Application for Issuance of Permits Upon the adoption of this Plan, no permit shall be issued for the construction, alteration, rehabilitation, or modification of any building in the Project Area without (1) approval of the Agency and (2) processing and approval of the permit by City officials or City bodies in accordance with applicable City ordinances. 3. 3. 2 (S 312) Appeal The applicant or the Planning Director may appeal the decision of any City official or City body to withhold, conditionally allow, or allow the issuance of such permit to the Agency. Within ten (10) days from the mailing of the notice of such decision, the appellant shall file his notice of appeal in duplicate with the City Clerk. The notice of appeal shall set forth the grounds relied upon by the appellant. Within ten (10) days following the filing of the appeal, the Agency shall set the matter for hearing and shall give notice of the time and place for said hearing to the applicant and to the Agency. The Agency may reverse or affirm wholly or partly, or may modify any decision or determination or may impose such conditions as the fac:ts . warrant, and its decision or determination shall be final. Any hearing may be continued from time to time for a period not to exceed sixty (60) days from the date on which the hearing was originally set 3. 4 (S 313) Public Actions Streets and alleys may be widened, altered, abandoned or closed as necessary for proper development of the Project. . Additional public streets, alleys, rights-of-way and easements may be created in the Project Area as needed for proper development. . 3. 5 (S 314) Nondiscrimination There shall be no discrimination or segregation based upon race, color, creed, religion, sex, marital status, national origin, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. SECTION 4 . 0 (5400) PROPOSED REDEVELOPMENT ACTIONS The: Agency proposes to eliminate blight in the Project Area by: 1. Acquisition of certain real property; 2. Site clearance and site preparation; 3 . Disposition of property for uses in accordance with this Plan. 4. Installation and construction of public improvements not under- taken by property owners or developers; 5. Other actions as appropriate and as authorized by the Redevelop- ment Law or any other law. 4 . 1 (S401) Property Acquisition 4 . 1. 1 (5402) Acquisition of Real Property The Agency may acquire, but is not required to acquire, all real property located in the Project Area except as specifically exempted herein by gift, devise, exchange, purchase, eminent domain, or other lawful method. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order .to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area . The Agency is not authorized to acquire real property owned by public :bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it is trans- ferred to private ownership before the Agency completes land dis- position within the entire Project Area, unless the Agency and the private owner enter into a participation agreement that stipulates that the Agency shall not acquire the property, and the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee as to any interest in real property to be retained by a participant pursuant to a participation agreement. 4 . 1. . 2 (S403) Acquisition of Personal Property Generally, personal property shall not be acquired. However , where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means including eminent domain. 4 . 2 (5404) Participation by Owners It is the intention of the Huntington Beach Redevelopment Agency to encourage and permit participation in the redevelopment of the Project Area by owners of real property within the boundaries of the Project Area to the maximum extent feasible and consistent with the adopted Redevelopment Plan. 4 . 2. 1 (S405) Opportunities for Owners Persons who are owners of real property in the Project Area shall be given the opportunity to participate in redevelopment of retain- ing all or a portion of their properties, by acquiring adjacent or other properties in the Project Area, or by selling or relinquishing their interest in properties to the.Agency and purchasing other properties in the Project Area. In the event a participant fails or refuses to develop his real property pursuant: to this plan or any agreements entered into with the Agency, the real property or any interest therein may be acquired by the Agency and .sold or leased for development in accordance with this Plan. ■ ' PIV s 4. 2. 2 (S406) Rules for Participation Opportunities, Priorities and Preferences . The Agency may, consistent with objectives of this Plan, provide an opportunity to owners to participate in the growth and development of the Project Area, and shall promulgate rules for participation. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the participants . Some of the factors to be considered in establishing these priorities and prefer- ences should include length of time in the area, extent and nature of property interests, type of development proposed, and conformity of a participation proposal to the general intent and objectives of this Plan. In addition to opportunities for participation by individual persons and firms, participation to the extent it is feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Participation opportunities shall necessarily be subject to and limited by such factors as the expansion and relocation of public facilities; elimination and changing of land uses; realignment and construction of streets, the need to assemble parcels into one owner- ship for development; and the ability of owners to finance acquisition and development in accordance .with the Plan. 4 . 2. 3 (5407) Participation Agreements Each person desiring to become a participant may be required by the Agency to enter .into a binding agreement with the Agency by which the participant agrees to develop or use the property in conformance with the Plan and to be subject to the provisions hereof . In such agree- ments, participants shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. 4 .3 (S408) Building and Site Preparation The Agency is authorized to prepare or cause to be prepared as build- ing sites any real property in the Project Area owned by the Agency. 4 . 4 (5409) Property Disposition and Development 4 . 4 . 1. (S410) Real Property Disposition and Development For the purpose of this Plan, the Agency is authorized to sell , lease, exchange, subdivide, transfer , assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property . To the extent permitted by law, the Agency is authorized to dispose of real_ property by lease or sale without public bidding. All real property acquired by the Agency in the Project Area shall be sold or leased for development at prices which shall be not less than fair value for uses permitted in' accordance with the Plan, except that real property may be conveyed by the Agency to the City or any other public body without charge. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that development is .carried out pursuant to this Plan. All purchasers or lessees of property shall be made obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time . which the Agency fixes as reasonable, and to comply with other con- ditions which the Agency deems necessary to carry out the purposes of this Plan. 4. 4 . 2 (S411) Purchase and Development by Participants Pursuant to the provisions of this Plan and the rules adopted by the Agency, the Agency shall offer real property in the Project Area for purchase and development to one or more owners of property in the Project Area prior to -the- time that real property is made available for purchase and development by persons who are not owners in the Project Area. 4 .4 . 2 (S411) Purchase and Development by Participants Pursuant to the provisions of this Plan and the rules adopted by the Agency, tM.' Agency- shall offer real property in the Project Area for purchase and development to owners prior to the time that real property is made available for purchase and development by persons who are not owners in the Project Area. 4 . 4.3 (S41:2) Purchase and Development Documents To provide adequate . safeguards 'to -ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real .property sold, leased, or conveyed by the Agency shall be made subject to the provisions of this Plan by leases, . deeds, contracts, agreements, declarations of' restrictions, pro- visions of the zoning ordinance, conditional use permits, or other means. Where appropriate, as determined by the Agency, such docu- ments or portions thereof shall be recorded in the office of the Recorder of the County. The leases , deed, contracts, agreements, and declarations of restrictions may contain restrictions, covenants running with the land, right of reverter, conditions subsequent, equitable servi- tudes, or any other provision- necessary to carry out this Plan. A1.1 property in the Project Area sold, leased or conveyed by the Agency shall be made subject by appropriate documents to the restriction that there shall be no discrimination or segregation based upon sex, marital status, race, color_ , religion, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. In addition, such property shall be made subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as are required by law and that, .if required by law, all such deeds, leases , and contracts shall be submitted to the Agency or the City Council for approval in regard to the inclusion of such clauses . Express provisions shall be included in all deeds, leases and con- tracts which the Agency proposes to enter into with respect to the salo, lease, sublease, transfer, use, occupancy, tenure, or enjoy- ment of any land in a redevelopment project in substantially the following form: In deeds the following language shall appear -- "The grantee herein covenants by and for himself, his heirs, executors, administrators , and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital. status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed,_nor shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location; number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. " In leases the following language shall appear -- "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through him and this lease is made and accepted upon and subject to the following conditions : That there shall be no discrimination against or segregation of any person► or group of persons, on account of sex, marital status, race, color, creed, religion, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor .shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or seg- regation with reference to the selection, location, number, use, or occupancy, or tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. " In contracts entered into by the Agency relating to the sale, trans- fer, or leasing of land or any interest therein acquired by the . Agency within any survey area or redevelopment project the fore- going provisions in substantially the forms set forth shall be included and such contracts shall further provide that the fore- going provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees tinder the instrument. All deeds, leases, and contracts for the sale or other disposition by the Agency of real property in the Project Area shall be sub- mitted to the City Council for approval or disapproval; provided, however, that such deeds, leases, and contracts need not be sub- mitted if the sale or other disposition has been by open com- petitive bid or if the sale is to a participant. If the City Council has not acted within thirty (30) days after submittal, such sale or other disposition shall be deemed approved. 4 .4 . 4 (S413) Development During the period of development in the Project Area, the Agency shall insure that the provisions of this Plan and of other docu- ments formulated pursuant to this Plan are being observed, and that development in the Project Area is proceeding in accordance with development documents and time schedules. The Agency shall require that development plans be submitted to it for approval and architectural review. All development must conform to this Plan and all applicable State and local laws and must receive the approval of the appropriate public agencies. 4 .4 . 5 (S414) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property. 4 . 5 (S415) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning, under- taking, construction, or operation of this Project. The Agency shall :peek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner participation. All development on property owned by public entities within the Project Area shall be subject to the prior architectural review and approval of the Agency. 4 . 6 (S416) Property Management During such time as property in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the _Agency pending its disposition for redevelopment. 4 .7 (S417) Payments to Taxing Agency This plan does not authorize any allocation of taxes to the Agency pursuant to Section 33670 of the Redevelopment Law. In any year during which it owns property in the Project Area, the Agency is authorized, but not required, to pay directly to any city, county , city and county, district, including but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been exempt, an amount of money in lieu of taxes . A proportionate share of any amount of money paid by the Agency to any city and county pursuant to the second paragraph of this Section shall be disbursed by the city and county to any school district with territory located within the Project Area in the city and county. "Proportionate share, " used in this Section, means the ratio of the school district tax rate, which is included in the total tax rate of the city and county to the total tax rate of the city and county. The Agency may also pay to any taxing agency with territory located within the Project Area (other than the City) , any amounts of money which, in the Agency ' s determination is appropriate to alleviate any financial burden or detriment caused to such taxing agency by the Project. 4 . 8 (S418) Replacement Housing Whenever dwelling units housing persons and families of low or mod- erate income are destroyed or removed from the low- and moderate- income housing market as part tof a redevelopment project, the agency shall, within four years of such destruction or removal, rehabilitate develop, -or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of. replacement dwelling units at affordable rents within the Project Area or within the territorial jurisdiction of the Agency, in accordance with all of the provisions of Sections 33413 and 33413 .5 of the Redevelopment Law. SECTION 5. 0 (S500) METHODS OF FINANCING THE PROJECT All costs incurred by the Agency in preparing and implementing this plan shall be reimbursed by the developer participants as provided in duly executed Owner-Participation Agreements. Advances and loans for survey, planning, operating capital and nominal administration of this project have been and are to be pro- vided by the City until reimbursed according to the provisions of the Owner-Participation Agreements. Tax increment financing shall not be utilized in the implementation of this Plan. do SECTION 6 . 0 (S600) ACTIONS BY THE CITY AND COMMUNITY COOPERATION The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to insure the con- 'tinued fulfillment of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Action by the City shall include, but not be - limited to, the following: (A) Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-way, and for other necessary modi- fications of the streets, the street layout, and other public rights-of-way in the Project Area. (B) Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project Area. (C). Revision of zoning and other applicable codes within the Pro- ject Area where necessary to permit the land uses and develop- ment authorized by this Plan. (D) Provision for administrative enforcement of this Plan by the City after development. The City and the Agency shall develop and provide for enforcement of a program for con- tinued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this plan. (E) Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. (F) The undertaking and completing of any other proceedings necessary to carry out the Project. (G) The City of Huntington Beach may finance activities of the Agency either through loans or grants. All monies expended by the City on behalf of the Agency shall, .unless otherwise established at the time the expenditure is made, be treated as loans to the Agency which shall be repaid to the City upon reimbursement by the developers as provided in the Owner Participation Agreement. Such loans shall be on terms established by the City and the Agency. 1L. , IT SECTION 7 . 0 (5700) ENFORCEMENT The administration and enforcement of this Plan, including the prep- aration and execution of any documents implementing the Plan, shall be performed by the City or the Agency. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation instituted by either the Agency or the City. Such remedies may include but are not limited to specific performance, damages, re-entry, - injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are. expressly for the bene- fit of owners of property in the Project Area may be enforced by such owners . 7 .1 (S701) Role of the Redevelopment Commission The Redevelopment Commission may perform such functions of the Agency under this plan as may be delegated to the Commission pursuant to the Redevelopment Law. .. I SECTION 8 . 0 (S800) DURATION OF THIS PLAN Except for the non-discrimination and non-segregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective for 20 years from the date of adoption of this Plan by the City Council. ' A SECTION 9. 0 (S900) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450 - 33458 of the Redevelopment Law or by any other procedure hereafter established by law. k i FA 'Pod, ;Ao pi ro,I will Mao 9 194 Poo pi No F,VA / ///�/// / / //OMMMMOSMAK VAPIO A0140 MAON21024014 ARM p FAFOVA; FA Alp IPA OPP • �� PIPAOVAa Yipa, a � . F I; I! Z' ADDENDUM TO WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PLAN S 311 - Insert the word "Building" preceding "Permits" in the title. Add "43 . 3 . 3 (S 313) Development Permits No development permits shall be required within the Project Area provided that all development has received Agency approval through an Owner Participation Agreement which shall be in accordance with the C2 Zoning District standards of the Huntington Beach Ordinance Code. " Change remaining Section numbers in Chapter 3 .