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HomeMy WebLinkAboutGeneral Plan Conformance 91-3 - Appeal by Councilman MacAlli CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 12, 1991 Pacific Coast Homes 2120 Main Street, #260 Huntington Beach, CA 92648 Attention: Legal Counsel Dear Sir: The City Council of the City of Huntington Beach at its regular meeting held July 1, 1991, approved the appeal relative to General Plan Conformance No. 91-3(R) and the Exchange Agreement between PCH and the Redevelopment Agency. The Exchange Agreement has been forwarded to the City Attorney's Office for the date change and additional signatures. If you have any questions, please call my office at 536-5227. Sincerely yours, 9 Connie Brockway, CMC City Clerk CB:me 1125K (Telephone:714-536-5227) REQUEST FOR CITY COUNCIL ACTI n . July 1, 1991 Date Submitted to: Honorable Mayor and City Council Members ``�� Submitted by: Michael T. Uberuaga, City Administrator fv Prepared by: Michael Adams, Director of Community Developin► nt APPROVED BY CITY COUNCI: Subject: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF GENERAL PLAN CONFORMANCE NO. 91-3(R) ? 1 19._L Consistent with Council Policy? X1 Yes [ ] New Policy or Excepti n MTY c RR Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE• Transmitted for your consideration is General Plan Conformance No. 91-3 (R) a request to review for conformity with the General Plan, the disposition of a 12,240 square foot parcel owned by the City of Huntington Beach. The subject property is currently vacant. The Planning Commission denied the General Plan Conformance and it has been appealed by Councilman MacAllister . At the City Council meeting of June 17, 1991, this item was continued for further clarification and staff analysis of alternative uses for the site. RECOMMENDATION: Planning Staff Recommendation: Motion to: "OVERTURN THE PLANNING COMMISSION' S DENIAL OF GENERAL PLAN CONFORMANCE NO. 91-3(R) AND APPROVE WITH FINDINGS. " Planning Commission Action on May 7, 1991: ON MOTION BY LEIPZIG, SECOND BY NEWMAN, THE PLANNING COMMISSION VOTED TO DENY GENERAL PLAN CONFORMANCE NO. 91-3(R) BY THE FOLLOWING ROLL CALL VOTE: AYES: Richardson, Newman, Dettloff, Leipzig NOES: Shomaker, Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED PI O 5/85 ANALYSIS• The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any city until the location, purpose, and extent of such activity has been recorded upon as to conformity with the adopted General Plan. The subject parcel is located at the northwest corner of Clay Avenue and Goldenwest Street. Currently the General Plan Land Use Designation is Low Density Residential . This site has not been identified for any other use, public or private, by any of the other nine (9) elements of the General Plan, including Community Facilities . The property is zoned R1 (Low Density Residential District) which is intended for single family residential units . Once the property is disposed, it will be used for development of single family residences . The property was originally acquired for a water booster pump station, However, upon re-evaluation of the area ' s needs and other improvements taking place within the area, this site is no longer needed for such a use. Rather, a new booster station is being developed in conjunction with a water reservoir at the City' s Water Warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest. The Planning Commission denied the conformance, feeling that the site may be suitable for other community facility uses such as part of the Green Acres project. In response to suggestions that the site could be used for a Green Acres reservoir, the Public Works Department indicates that the site is not appropriately located for such use and is not of sufficient size. The findings for denial stated by the Planning Commission are general in nature and could apply to almost any parcel considered for suplusing. The findings are not unique to this parcel and, therefore, should not be applied to a General Plan Conformance action but may be considered at the time of property exchange. Staff recommends that the City Council overturn the Planning Commission' s denial of General Plan Conformance No. 91-3(R) and approve with the following findings: RCA 6/1/91 -2- (0012d) SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-3 (RA: 1. Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. 2 . The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan. a. Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3 .4 .2 . 5) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources . (3 .4 .2 . 7) 3 . Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities, Recreation and Open Space or any of the adopted Elements of the City' s General Plan. It has been determined that this site is no longer necessary for a water booster pump station, the intended use at time of City acquisition. FUNDING SOURCE• Not applicable ALTERNATIVE ACTION: 1. Motion to: "Uphold the Planning Commission action and deny General Plan Conformance No. 91-3(R) with findings . " ATTACHMENTS: 1. Alternative Action Suggested Findings for Denial 2 . Letter of Appeal 3 . Planning Commission staff Report for General Plan Conformance No. 91-3(R) dated May 7, 1991 with memos from the City Departments of Administrative Services, Community Services and Public Works 4 . Location Map MTU:MA:HS:kjl RCA 6/l/91 -3- (0012d) ATTACHMENT NO. 1 ALTERNATIVE FINDINGS FOR DENIAL GENERAL PLAN CONFORMANCE NO. 91-3(R) SUGGESTED FINDINGS FOR DENIAL - GENERAL PLAN CONFORMANCE NO. 91-3: 1. Disposition of the subject property to allow for residential development is premature until it can be conclusively demonstrated that the site is not suited for other public use. 2. Disposition of the subject property would deprive the City of a parcel that is of potential use for water facilities, such as a reclaimed (recycled) water resevoir, because of its relatively high elevation, which is of hydraulic advantage because of minimized energy costs of pumping water. 3. The conveyance would be inconsistent with the following policies contained in the General Plan: a. Achieve wise management and planned utilization of the area's water resources by encouraging water conservation, reclamation, and desalinization. (2.1.2.2) b. Provide and maintain an adequate level of community facilities and municipal services in all community areas. (3 .3.5.1) c. Improve and upgrade community facilities when necessary. (3.3.5.1) d. Promote the provision of adequate community facilities within the City of Huntington Beach. (3.5. 6.1) e. Incorporate energy-saving measures and devices in the design of new City buildings. (3 .5.6.3) f. Investigate opportunities for City involvement in resource recycling activities. (3.5.6.4) Attachment No. 1 (0015d) _..._._._�......�- 1 002 FROM:CTY OF HB/PURCHASING TO: 714 891 7299 MAY 16, 1991 3; 17PM 9155 P.0< CITY 01F "U"TI NGTQN OF-ACH E CITY COUNCIL COMMUNICATION HUNTING70N R{ACII To C:ONNIE JQ(0(::h WA•Y from City Clerk ouncilnt Subject APPLAL - 01:NliliAl, PLAN Date May 16, 1991 CONFORMANCE N(). 91.3 I hereby appoal the Planning Commission's decision to deny General Plan Conformance No. 91-3 (Northwest corner of Golderlwuyt Street and Clay Avenue) for the following reasons: 1. Tho Ouncral Plan and Zoning dosignation for the subject property are IOW density residential. 2. 'There Is no designation In C:orrlitiunity Facility Element or any other Element of the General Plan which would designate any public use on the subaeet stte. For the above stated reasons, I am appealing the decision of the Planning Commission and request the City Council to make H determination that the disposition of a 12,240 square foot parcel Is in conformance with the City's General Plan. G....., i O m[n O ^;O O cc: Honorable Mayor and City Councilmembers --- Michael T, 111)(wurign r Mike Adams �' huntington beach department of community development STA f f REPOR F== :5 y} s TO: Planning Commission FROM: Community Development DATE : May 7 , 1991 SUBJECT: GENERAL PLAN CONFORMANCE NO. 91-3 (R) APPLICANT: City of Huntington Beach Z E: R1 (Low Density Department of Residential District) Administrative Services Huntington Beach, CA 92648 GENERAL PLAN: Low Density Residential (Holly-Seacliff PROPERTY City of Huntington Beach Master Plan) OWNER : 2000 Main Street Huntington Beach, CA 92648 EXISTING USE: vacant REOUEST: Determination that the disposition of a 12 , 240 square foot parcel is in ACREAGE : 12 , 240 conformance with the square feet General Plan . LOCATION: Northwest corner of Goldenwest Street and Clay Avenue . 1 . 0 SUGGESTED ACTION : Approve General Plan Conformance No . 91-3 (R) with findings . 2 . 0 GENERAL INFORMATION: General Plan Conformance No . 91-3 (R) is a request to review for conformity with the General Plan, the disposition of a 12 , 240 square foot parcel owned by the City of Huntington Beach. The subject property is currently vacant . The original request , General Plan Conformance No . 91-3 , was denied by the Planning Commission on March 19 , 1991 based upon findings (see Attachment No . 4 ) . This request is identical to the original and is being transmitted for reconsideration due to additional information (see Attachment Nos . 1, 2 , & 3) . AGINU A-F M-23C The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any city until the location, purpose, and extent of such activity has been recorded upon as to conformity with the adopted General Plan. 3 . 0 ENVIRONMENTAL STATUS: This project is categorically exempt pursuant to Section 15312 of the California Environmental Quality Act . 4 . 0 DISCUSSION: The subject property currently has a General Plan Land Use Designation of Low Density Residential . This site is not designated for any other use, public or private, by any of the other nine (9) Elements of the General Plan, including Community Facilities . The Land Use Element of the General Plan reads as follows : Land Use - The Low Density Residential category is where single family detached dwelling units are permitted . The allowable density is seven (7) or less dwelling units per gross acre . Low density planned unit cluster development is allowable under this Land Use Designation . The property is zoned R1 (Low Density Residential District) which is intended for single family residential designed pursuant to the R1 development standards . Once the property is disposed, it will be used for development of single family residences in accord with the General Plan . The property was originally acquired for a water booster pump station . However , upon re-evaluation of the area ' s needs and other improvements taking place within the area , this site is no longer needed for such a use . Rather, a new booster station is being developed in conjunction with a water reservoir at the City' s Water warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest . In response to suggestions that the site could be used for a Green Acres reservoir , the attached memo from City Engineer Robert Eichblatt indicates that the site is not appropriately located for such use and is not of sufficient size . In addition, the property is being surplused for the purpose of an exchange for property, currently not owned by the City, which is being used as Civic Center parking . 5 . 0 RECOMMENDATION : Staff recommends that the Planning Commission approve General Plan -� Conformance No . 91-3 (R) pursuant to Section 65402 of the California Government Code with the following suggested findings : Staff Report - 5/7/91 -2- (9577d) SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO 91-3 (R) : ;° 1 . Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. 2 . The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan: a . Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3 .4 . 2 . 5 . ) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources . (3 .4 . 2 . 7 . ) 3 . Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities Element of the General Plan. It has been determined that this site is no longer necessary for a water booster pump station . 6 . 0 ALTERNATIVE ACTION: The Planning Commission may deny General Plan Conformance No . 91-3 (R) with findings . ATTACHMENTS : 1 . Memo from Robert Franz dated April 24 , 1991 2 . Memo from Ron Hagandated April 9 , 1991 3 . Memo from Robert Eichblatt dated April 16 , 1991 . P4 a re h 22, -i ,--PlaeniRq 6eram ss a s€a€€ Fepeft dated P4ar-elq }9•r— 991 HS : S/nH : kjl r� Staff Report - 5/7/91 -3- (9577d) Li:-....... _........... ..: _.___ .. _.. . . .. .. RECEIVED CITY OF HUNTINGTON BEACKPR 2 4 i991 INTER-DEPARTMENT COMMUNICATION Dept. of Con,m. Development HUNTINGTON BEACH To MIKE ADANIS From ROBERT FRANZ Director Community Development Deputy City Admi str Subject City Property Date April 24, 1991 N/W Corner Clay/Goldenwest The Planning Commission, on March 19, 1991, denied the City's request for a finding that the proposed surplusing of the subject property is in conformance with the General Plan. We are requesting a re-hearing by the Commission so it may review additional information which we believe justifies modification of their prior findings. The General Plan and zoning designates this parcel as low density residential and not for public use. Attached is a memo from Robert E. Eichblatt, City Engineer, outlining the original reason for acquiring this property and why it is not now utilized for this purpose. A second memo is from Ron Hagan, Director of Community Services, explaining why this site is not suitable for a public park. surplusing J property P P g property The sur lusin of the subjectis for the purpose of an exchange for currently not owned by the City but presently being used as Civic Center parking. The property owner and the City have tentative agreement on the value of the property being used by the City, but acquisition is dependent on the City finding a source of funds for the acquisition. Rather than deplete limited financial resources, the use of the subject parcel, in a property exchange, has been recommended. Since the subject property is not needed, and the Civic Center property is needed, the surplusing of the Clay property is reasonable and advisable. A modification of the Planning Commissions findings and reversal of their prior decision would allow the City to surplus the parcel, making way for an exchange that will be beneficial to the City. cc: Bob Eichblatt, City Engineer Ron Hagan, Director of Community Services RF/rf CITY OF HUNTINGTON BEsaCH PROPERTY INTER-DEPARTMENT COMMUNICATION APR HUNTINCTON 1EACH MANAGEMENT :r To : Bob Franz From: on Hagan Deputy City Administrator Director Community Services Subject : CITY PROPERTY-CLAY Date : April 9 , 1991 AND GOLDEN WEST As we discussed in our meeting today, the city owned vacant land on the northwest corner of Clay and Golden West would not be suitable for a park. It is only . 28 acres and the available acreage will be reduced when the Golden West Street is widened to three lanes in both directions . A neighborhood park is a minimum of 2 . 5 acres . Also , the site is in a poor location adjacent to one of the busiest streets in Huntington Beach . A neighborhood park is ideally located internally within the residential area . Therefore , due to size and location problems , this site would not be desirable for a neighborhood park . If you have any other questions regarding this matter , please feel free to contact me . JBE : am cc : Jim Engle Dan Brennan Scott Hess Bob Eichblatt 1. r PROPERTY CITY OF HUNTINGTON BEACH APR 1 61991 INTER-DEPARTMENT COMMUNICATION MANAGEMENT nt,..NnNCiO�BEACH To Dan Brennan, Director From Robert E. Eichblatt Real Estate Services City Engineer Subject Surplus City Parcel at Date April 16, 1991 Northwest Corner of Goldenwest and Clay Pursuant to our recent discussion, the site in question had been at one time considered by the City for a water booster pump station. It is no longer needed for that purpose. The Planning Commission recently denied approval of surplusing this site, indicating that the site had potential use for a water reservoir serving the future Green Acres Project. We feel that it would be ill—advised for the City of Huntington Beach to reserve this specific site for a Green Acres Reservoir for the following reasons: 1. The Green Acres Program and associated transmission main and reservoir facilities are the total responsibility of the Orange County Water District, not the City of Huntington Beach. Therefore, funding of same is also a total responsibility of the Orange County Water District. The City of Huntington Beach is only responsible for '4+i a mains and services that will be attached to the O.C.W.D. major transmission facilities. 2. The Green Acres Study performed by Boyle Engineering for the Orange County Water District identifies two other more desirable locations for reservoirs adjacent to the route of the transmission line. The subject site was not studied because of its location. 3. The site in question at the northwest of Goldenwest and Clay is more than 1,000 feet south of the alignment of the Green Acres transmission line, and it would potentially mean substantial increased costs to the Green Acres Project, if a reservoir at this site were to serve the project. 4. This site is rather small, and if a meaningfully sized reservoir were to be placed on the site, it would probably be some sort of tank that would not only be buried in the ground, but would also stick up in the air. From an environmental standpoint, such a structure would potentially be objectionable to surrounding residential areas. If you have any further questions or comments, please contact me. RFE:Ib cc: Louis Sandoval Jeff Renna Bob Franz ,`; 2928g/7 ;1 L r� LA r/l0l C13 I ' i "l - - - �_ r i _ �r�Y'Z- �-_'l ( _ r Sri;' - '{{,l \ �• ,1• � _ ' ✓ ,vJ/� >_'�.! '�` ` . fir_ r _ / t./ !. _1{-v ��rt_/, �jy^ •�)_! , ;}'. '-' _ 'r ' ' __ •\� r .'-1', (Y • '(_.�`_ '!`\'• !^} `��, •\ �I. 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OF CAL/FD,eNiq V1 � g D .PEC0.20E0 � �R1 Q\ w� •{ \ w p Ss AC. . p114 r' mor Is.t� P cs a� A,7 o, 00' 4% QUiT CLA/.�/ oEEO o o� ,PEC0,20E0 2/Z 9�BG �� gh A5 /AA:5-7 �'dB-a99-QOI. ae.�'� b $ -a .vs(o'04 Y4.. o Q JWDSEN &OCTATES A GEOAL o6sc.e%C17 01V Fo,e BOOSTER PUMP S7-,47"/0N PA.¢cEG CIVIL EHOIHEERS—PLANNERS—LAND SURVEYORS 11017 COWAN.SUITE 110 • IRVIN2,CA 97714 W0.No. o7767 - Date Ilt7UA0110 rAx'vn-u11 r,.., P.e ._ Cnt. Ple _ _ it..., 2 nt 2 ^ i A 1 REQUEST FOR CITY COUNCIL ACTION June 17, 1991 Date Submitted to: Honorable-Mayor and City Council Members \n Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Michael Adams, Director of Community Developr `\ UN CIL Subject: APPEAL OF THE PLANNING COMMISSION'S DE Y CITY CO GENERAL PLAN CONFORMANCE NO. 91-3(R) 1921• Consistent with Council Policy? Yes [ ] New Policy or Exceptio Ty c �xK Statement of Issue, Recommendation,Analysis, Funding Source, Alternative A ions,Attachments: 7/9/- Cam.uccL o,,, STATEMENT OF ISSUE• General Plan Conformance No. 91-3(R) is a request to review for conformity with the General Plan, the disposition of a 12,240 square foot parcel owned by the City of Huntington Beach. The subject property is currently vacant. The Planning Commission denied the General Plan Conformance for declaration of the Clay property as surplus . The Commission decision has been appealed by Councilman s -- MacAllister . RECOMMENDATION. Planning Staff Recommendation: o Motion to: "Overturn the Planning Commission' s denial of General Plan `� :n Conformance No . 91-3(R) and approve with findings . " Planning Commission Action on May 7, 1991 : ON MOTION BY LEIPZIG, SECOND BY NEWMAN, THE PLANNIG COMMISSION VOTED TO DENY GENERAL PLAN CONFORMANCE NO. 91-3 (R) BY THE FOLLOWING ROLL CALL VOTE: AYES: Richardson, Newman, Dettloff, Leipzig NOES: Shomaker, Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED ANALYSIS• The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or l structure in any city until the location, purpose, and extent of such activity has been recorded upon as to conformity with the '� l adopted General Plan. r`iffi P10 5/85 The Clay property currently has a General Plan Land Use Designation of Low Density Residential . This site is not designated for any other use, public or private, by any of the other nine (9) elements of the General Plan, including Community Facilities . The Land Use Element of the General Plan reads as follows : Land Use - The Low Density Residential category is where single family detached dwelling units are permitted. The allowable density is seven (7) or less dwelling units per gross acre. low density planned unit cluster development is allowable under this Land Use Designation. The property is zoned R1 (Low Density Residential District) which is intended for single family residential designed pursuant to the R1 development standards . Once the property is disposed, it will be used for development of single family residences in accord with the General Plan. The property was originally acquired for a water booster pump station, However, upon re-evaluation of the area ' s needs and other improvements taking place within the area, this site is no longer needed for such a use. Rather, a new booster station is being developed in conjunction with a water reservoir at the City' s Water Warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest. In response to suggestions that the site could be used for a Green Acres reservoir, City Engineer Robert Eichblatt indicates that the site is not appropriately located for such use and is not of sufficient size. Staff recommends that the City Council overturn the Planning Commission' s denial of General Plan Conformance No. 91-3 (R) and approve with the following findings : SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO, 91-3(R) : 1. Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. 2 . The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan. a . Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3 .4 .2 . 5) RCA - 6/17/91 -2- (9936d) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources . (3 .4 .2 . 7) 3 . Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities Element of the General Plan. It has been determined that this site is no longer necessary for a water booster pump station. FUNDING SOURCE: Not applicable ALTERNATIVE ACTION: Uphold the Planning Commission action and deny General Plan Conformance No. 91-3(R) . ATTACHMENTS 1. Letter of Appeal of General Plan Conformance No. 91-3(R) dated May 16, 1991 2 . Huntington Beach Planning Commission Notice of Action General Plan Conformance No. 91-3(R) 3 . Planning Commission staff Report for General Plan Conformance No. 91-3(R) dated May 7, 1991 MTU:MA:HS:kjl �{S RCA - 6/17/91 -3- (9936d) v1 I Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 May 10 , 1991 City of Huntington Beach Department of Administrative Services 2000 Main Street Huntington Beach, CA 92648 SUBJECT: GENERAL PLAN CONFORMANCE NO. 91-3 (R) REQUEST: Determination that the disposition of a 12 , 240 square foot parcel is in conformance with the General Plan. LOCATION: Northwest corner of Goldenwest Street and Clay Avenue DATE OF ACTION: May 6 , 1991 FINDINGS FOR DENIAL - GENERAL PLAN CONFORMANCE NO. 91-3 : 1 . Disposition of the subject property to allow for residential development is premature until it can be conclusively demonstrated that the site is not suited for other public use. 2 . Disposition of the subject property would deprive the City of a parcel that is of potential use for water facilities , such as a reclaimed (recycled) water resevoir, because of its relatively high elevation, which is of hydraulic advantage because of minimized energy costs of pumping water . 3 . The conveyance would be inconsistent with the following policies contained in the General Plan: a . Achieve wise management and planned utilization of the area ' s water resources by encouraging water conservation, reclamation, and desalinization. (2 . 1. 2 . 2) b. Provide and maintain an adequate level of community facilities and municipal services in all community areas . (3 . 3 . 5 . 1) C. Improve and upgrade community facilities when necessary. (3 . 3 . 5 . 1) General Plan Conforn; .ice No . 91-3 ' Rage Two d. Promote the provision of adequate community facilities within the City of Huntington Beach. (3 . 5 . 6 . 1) e. Incorporate energy-saving measures and devices in the design of new City buildings . (3 . 5 . 6 . 3) f . Investigate opportunities for City involvement in resource recycling activities . (3 . 5 . 6 .4) I hereby certify that General Plan Conformance No . 91-3 (R) was denied by the Planning Commission of the City of Huntington Beach on May 6 , 1991, upon the foregoing findings . Sincerely, Mike Adams, Secretary Planni g Commission by: Hal Simmons Senior Planner (965ld-22 , 23) huntington beach department of community development STAf f REPORT TO: Planning Commission FROM: Community Development DATE: May 7, 1991 SUBJECT: GENERAL PLAN CONFORMANCE NO. 91-3 (R) APPLICANT: City of Huntington Beach ZONE: R1 (Low Density Department of Residential District) Administrative Services Huntington Beach, CA 92648 GENERAL PLAN: Low Density Residential (Holly-Seacliff PROPERTY City of Huntington Beach Master Plan) OWNER: 2000 Main Street Huntington Beach, CA 92648 EXISTING USE: Vacant ,REQUEST: Determination that the disposition of a 12, 240 square foot parcel is in ACREAGE: 12, 240 conformance with the square feet General Plan. LOCATION: Northwest corner of Goldenwest Street and Clay Avenue. 1 . 0 SUGGESTED ACTION: Approve General Plan Conformance No. 91-3 (R) with findings . 2 . 0 GENERAL INFORMATION: General Plan Conformance No . 91-3 (R) is a request to review for conformity with the General Plan, the disposition of a 12, 240 square foot parcel owned by the City of Huntington Beach. The subject property is currently vacant . The original request, General Plan Conformance No . 91-3 , was denied by the Planning Commission on March 19 , 1991 based upon findings (see Attachment No . 4) . This request is identical to the original and is being transmitted for reconsideration due to additional information (see Attachment Nos . 1, 2, & 3) . A-F M-23C The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any city until the location, purpose, and extent of such activity has been recorded upon as to conformity with the adopted General Plan. 3 . 0 ENVIRONMENTAL STATUS: This project is categorically exempt pursuant to Section 15312 of the California Environmental Quality Act . 4 . 0 DISCUSSION: The subject property currently has a General Plan Land Use Designation of Low Density Residential . This site is not designated for any other use, public or private, by any of the other nine (9) Elements of the General Plan, including Community Facilities . The Land Use Element of the General Plan reads as follows : Land Use - The Low Density Residential category is where single family detached dwelling units are permitted. The allowable density is seven (7) or less dwelling units per gross acre. Low density planned unit cluster development is allowable under this Land Use Designation. The property is zoned R1 (Low Density Residential District) which is intended for single family residential designed pursuant to the R1 development standards . Once the property is disposed, it will be used for development of single family residences in accord with the General Plan. The property was originally acquired for a water booster pump station. However, upon re-evaluation of the area ' s needs and other improvements taking place within the area, this site is no longer needed for such a use. Rather, a new booster station is being developed in conjunction with a water reservoir at the City' s Water Warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest . In response to suggestions that the site could be used for a Green Acres reservoir, the attached memo from City Engineer Robert Eichblatt indicates that the site is not appropriately located for such use and is not of sufficient size. In addition, the property is being surplused for the purpose of an exchange for property, currently not owned by the City, which is being used as Civic Center parking . 5 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 91-3 (R) pursuant to Section 65402 of the California Government Code with the following suggested findings : Staff Report - 5/7/91 -2- (9577d) SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-3(R) : 1. Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. 2 . The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan: a . Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3 .4 . 2 . 5 . ) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources . (3 . 4 . 2 . 7 . ) 3 . Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities Element of the General Plan. It has been determined that this site is no longer necessary for a water booster pump station. 6 . 0 ALTERNATIVE ACTION: The Planning Commission may deny General Plan Conformance No . 91-3 (R) with findings . ATTACHMENTS• 1 . Memo from Robert Franz dated April 24 , 1991 2 . Memo from Ron Hagandated April 9 , 1991 3 . Memo from Robert Eichblatt dated April 16, 1991 4 . General Plan Conformance No. 91-3 Findings for Denial dated March 22, 1991 5 . Planning Commission staff report dated March 19 , 1991 HS:S/AH: kjl �Y Staff Report - 5/7/91 -3- (9577d) RiECEIVE ® 10B CITY OF HUNTINGTON BEACKPR 2 4 1991 INTER-DEPARTMENT COMMUNICATION HUNTINCTON BEACH Dept. of Comm. Development To MIKE ADAMS From ROBERT FRANZ _ Director Community Development Deputy City Admi str Subject City Property Date April 24, 1991 N/W Corner Clay/Goldenwest The Planning Commission, on March 19, 1991, denied the City's request for a finding that the proposed surplusing of the subject property is in conformance with the General Plan. We are requesting a re-hearing by the Commission so it may review additional information which we believe justifies modification of their prior findings. The General Plan and zoning designates this parcel as low density residential and not for public use. Attached is a memo from Robert E. Eichblatt, City Engineer, outlining the original reason for acquiring this property and why it is not now utilized for this purpose. A second memo is from Ron Hagan, Director of Community Services, explaining why this site is not suitable for a public park. The surplusing of the subject property is for the purpose of an exchange for property currently not owned by the City but presently being used as Civic Center parking. The property owner and the City have tentative agreement on the value of the property being used by the City, but acquisition is dependent on the City finding a source of funds for the acquisition. Rather than deplete limited financial resources, the use of the subject parcel, in a property exchange, has been recommended. Since the subject property is not needed, and the Civic Center property is needed, the surplusing of the Clay property is reasonable and advisable. A modification of the Planning Commissions findings and reversal of their prior decision would allow the City to surplus the parcel, making way for an exchange that will be beneficial to the City. cc: Bob Eichblatt, City Engineer Ron Hagan, Director of Community Services RF/rf 0143U 10E PROPERTY CITY : OF HUNTINGTON BEACK INTER-DEPARTMENT COMMUNICATION PR 1 1 1991 HVNTINGTON IFACH MANAGEMENT 'o To : Bob Franz From: on Hagan Deputy City Administrator Director Community Services Subject: CITY PROPERTY-CLAY Date : April 9 , 199# AND GOLDEN WEST As we discussed in our meeting today, the city owned vacant land on the northwest corner of Clay and Golden West would not be suitable for a park. It is only . 28 acres and the available acreage will be reduced when the Golden West Street is widened to three lanes in both directions . A neighborhood park is a minimum of 2 . 5 acres . Also, the site is in a poor location adjacent to one of the busiest streets in Huntington Beach. A neighborhood park is ideally located internally within the residential area . Therefore, due to size and location problems , this site would not be desirable for a neighborhood park. If you have any other questions regarding this matter , please feel free to contact me. JBE : am cc : Jim Engle Dan Brennan Scott Hess Bob Eichblatt 2 PROPERTY 4 "#& CITY OF HUNTINGTON BEACH APR 1 61991 10. LA INTER-DEPARTMENT COMMUNICATION MANAGEMENT HUNTINGTON BEACH To Dan Brennan, Director From Robert E. Eichblatt Real Estate Services City Engineer Subject Surplus City Parcel at Date April 16, 1991 Northwest Corner of Goldenwest and Clay Pursuant to our recent discussion, the site in question had been at one time considered by the City for a water booster pump station. It is no longer needed for that purpose. The Planning Commission recently denied approval of surplusing this site, indicating that the site had potential use for a water reservoir serving the future Green Acres Project. We feel that it would be ill—advised for the City of Huntington Beach to reserve this specific site for a Green Acres Reservoir for the following reasons: 1. The Green Acres Program and associated transmission main and reservoir facilities are the total responsibility of the Orange County Water District, not the City of Huntington Beach. Therefore, funding of same is also a total responsibility of the Orange County Water District. The City of Huntington Beach is only responsible for mains and services.that will be attached to the O.C.W.D. major transmission facilities. 2. The Green Acres Study performed by Boyle Engineering for the Orange County Water District identifies two other more desirable locations for reservoirs adjacent to the route of the transmission line. The subject site was not studied because of its location. 3. The site in question at the northwest of Goldenwest and Clay is more than 1,000 feet south of the alignment of the Green Acres transmission line, and it would potentially mean substantial increased costs to the Green Acres Project, if a reservoir at this site were to serve the project. 4. This site is rather small, and if a meaningfully sized reservoir were to be placed on the site, it would probably be some sort of tank that would not only be buried in the ground, but would also stick up in the air. From an environmental standpoint, such a structure would potentially be objectionable to surrounding residential areas. If you have any further questions or comments, please contact me. REE:lb cc: Louis Sandoval Jeff Renna Bob Franz 2928g/7 GOG DENI✓EST ST.e Al 00°/7'20"E _ 3�• /a3.92' AI--'L Y COP T2 NO. 7G5& NCO�IMENCEMEM.' MNJ N 7.5 7.5 ,e= 3Z.00' G • 4/ 77' - /5'EASE/�1ENr op 7V S7,41VC.9,e0 I O \ D1 O O//- CO. OF CAL/F0 2Niq N g PECO eDEO : p w SC,gLE / 30' 9943/22/ O.'e. 0 p �• AC. . po W a vim`;, QU/T CLA/i'-/ OEEO p o, ,PECO,QOEO 2/2 9�Bd ��p g AS /NST. #''!. Gi99-QGYo 2� J VWDEN &SOCrATES A 4E6.4L 06SC,e/PT/ON FO.e 3b BOOSTER .SUMP .sTATiON P,q.ecEG CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS 19012 COWAN,SUITE 210• IRVINE,CA 92714 W0.N0. 077& /6- /X 0.1. B 714/660,0110 FAX:V44.4If s� P� __.cnr. p'e— . . -en..l .or 2 MAP WAS PREPARED FOR ORANGE. w COUNTY ASSESSOR DEPT. PURPOSES ONLY z THE ASSESSOR MAKES NO GUARANTEE AS TO ITS ACCURACY NOR ASSUMES ANY LIABILITY Q FOR OTHER USES, NOT TO BE REPRODUCED, 50' , So. ALL RIGHTS RESERVED. @COPYRIGHT ORANGE COUNTY ASSESSOR 199( r N f o 27 81 80 79 Q TRA C T _ r C• to 2 4 - / , :254.17' LAKE 5 T. F, i a 0' TRACT O I , 52• ,0 00 A, -19 01 - - - w 4 s3 2 'o'33 34 S' o> \ r PINE 0 I \ 93.46' ' h 0 I I 9d ^ 14.96. NO. 12 i °pl�- X-2 -4- — — -- — — —• --—:�- --- - - - - -- --•- - - - - — - - - - --- -_. — -- - - _. - - , h'l OS 1948 �G TRACT NO. 129-13 TRACT NO. 13569 M.M. 652-28 -� 33 STA ffhuntington beach department of community development REPORT TO: Planning Commission FROM: Community Development DATE : March 19 , 1991 SUBJECT; GENERAL PLAN CONFORMANCE NO. 91-3 (CONTINUED FROM THE MARCH 5, 1991 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach ZONE: R1 (Low Density Department of Residential District) Administrative Services Huntington Beach, CA 92648 GENERAL PLAN: Low Density Residential (Holly-Seacliff PROPERTY City of Huntington Beach Master Plan) OWNER: 2000 Main Street Huntington Beach, CA 92648 EXISTING USE : Vacant REQUEST: Determination that the disposition of a 12, 240 square foot parcel is in ACREAGE : 12 , 240 conformance with the square feet General Plan . LOCATION: Northwest corner of Goldenwest Street and Clay Avenue . 1 . 0 SUGGESTED ACTION: Approve General Plan Conformance No . 91-3 with findings . 2 . 0 GENERAL INFORMATION: General Plan Conformance No . 91=3 was continued from the March 5 , 1991 Planning Commission meeting due to a 3-3-1 vote; a split vote results in an automatic continuance. The request is to review the disposition of a 12, 240 square foot parcel owned by the City of Huntington Beach, as it conforms to the City' s General Plan. The subject property is currently vacant . A-FM-23C 3 . 0 DISCUSSION: The property was originally acquired for a water booster pump station. However , upon re-evaluation of the area ' s needs and other improvements taking place within the area, this site is no longer needed for such a use . Rather, a new booster station is being developed in conjunction with a water reservoir at the City' s Water Warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest . The subject property currently has a General Plan Land Use Designation of Low Density Residential and is zoned R1 (Low Density Residential District) . The property is currently vacant . The site is not designated as a public utility, park or any other use other than residential . Since the property is vacant and its intented use is residential , the City' s action to dispose the property conforms with the General Plan. 4 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No . 91-3 pursuant to Section 65402 of the California Government Code with the following suggested findings : SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO . 91-3 : 1 . Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. . 2 . The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan: a . Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3 .4 . 2 . 5 . ) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources . (3 .4 . 2 . 7 . ) 3 . Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities Element of the General Plan. It has been determined that this site is no longer necessary for a water booster pump station. 5 . 0 ALTERNATIVE ACTION: The Planning Commission may deny General Plan Conformance No . 91-3 with findings . ATTACHMENTS • 1 . Planning Commission Staff Report dated March 5, 1991 HS: SH: kjl Staff Report - 3/19/91 -2- (g C�O e 5 - Council/Agency Agenda - 7/1/91 (5) A- D-1. (City Council) APPEAL BY COUNCILMEMBER MACALLIST.ER OF PLANNING j COMMISSION DENIAL OF GENERAL PLAN CONFORMANCE- Nb. 91-3 - NW 440 .40 CORNER CLAY/GOLDENWEST Public hearing-'to consider the following appeal : CONT. APPLICATION NUMBER: Appeal of the Planning Commission' s OPEN Denial of General Plan Conformance No . 91-3 FROM 6/17/91 APPLICANT: City of Huntington Beach APPELLANT: Councilman Don MacAllister LOCATION: Northwest corner of Clay and Goldenwest ZONE: R1 (Single Family Residential) REOUEST: Determination that the disposition of a 12, 240 square foot parcel is in conformance with the General Plan. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15312 of the California Environmental Quality Act . COASTAL STATUS: Not applicable RECOMMENDED ACTION: A 1 . P4azujing Commission Recommendation: Susta' Planning Co isio eneral Plan Conformance ase o for denial as set on Attachment No. 1 to the RCA date 99 2 . Staff Recommendation: Overrule the Planning Commission denial and approve General Plan Conformance No. 91-3 with findings for approval as set forth in the RCA dated 7/l/91 . (5) (7/1/91) REQUEST FOR CITY COUNCIL ACTION ' Date June 3, 1991 Submitted to: Honorable Mayor and City Council/Redevelopment Agency Michael T. Uberuaga, City Administrato�� Submitted by: Mike Adams, Director Community Development Prepared by: Robert J. Franz, Chief of Administrative Servic Subject: Appeal of the Planning Commission's denial of General 4Redeve mance No. 91-3(R)/Surplus of City property and transfer to thpment Agency. Consistent with Council Policy? [ Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: 1. In order to acquire property currently being used for Civic Center parking, City property located at Clay Avenue and Golden West Street (.28 acres) needs to be declared surplus and exchanged for the Civic Center property currently owned by Pacific Coast Homes. 2. The Planning Commission denied the General Plan Conformance of surplusing of the Clay property. The Commission decision has been appealed by Councilman MacAllister. 3. A concurrent issue is the acceptance from the Huntington Beach Company of a . long, narrow remnant parcel due to realignment of Mansion/Yorktown and located south of this right-of-way and presently used as part of the City parking lot, located north of the City Hall. - RECOMMENDATION: - 1. Overturn the Planning Commission's denial of General Plan Conformance No. _. m 91-3(R) and approve with findings. 2. Approve the transfer of the Clay property from the City to the Redevelopment Agency for appraised value. _ 3. Approve and authorize the Mayor and Clerk to execute the Exchange Agreement between Pacific Coast Homes and the Redevelopment Agency. 4. Accept deed granting remnant parcel from the Huntington Beach Company to the City of Huntington Beach, no reimbursement. ANALYSIS: The City of Huntington Beach acquired Parcel AP #110-200-30 located on the north west corner of Clay and Golden West from the Huntington Beach Company, with no money exchanged, for the City's release of interest in the Reservoir Hill property. The Clay property was originally acquired on February 29, 1988 for a water pump station, which was subsequently located more conveniently at the City's Water Division Yard on Garfield and Huntington. P10 5/85 Order No. Escrow No, EXHIBIT' D Loan No: DEED OF TRUST WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION DEED OF TRUST WITH ASSIGNMENT OF RENTS This DEED OF TRUST, made , between herein celled TRUSTOR, whose address is (Number and Street) (City) (Slate) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and herein called BENEFICIARY, WITNESSETHs That Trustor grants to Trustee in Trust, with Power of Sale, that property in the County of , State of California, described as: Together wlth the rents•Issues and profits thereof, svbloo,however, to the right, power and avihority hereinafter given to and contorted upon 8enenclary to collect and apply such tents, Issues and proAts. For the Purpose of Securing (1) payment of the svm of 3 with Interest thereon according to the terms of a promissory note or notes of even dolt herewith made by Trustor, payablo to order of Beneficiary, and extensions or renewals thereof, and (2) the performonce of each agreement of Traitor Incorporated by reference or contained herein (3) Payment of additional iumt and inforesi thereon which may hereafter be loaned to Trustor, or him successor& or assigns,when evidenced by a promissory noto or notes reciting that Choy ere secured by this Deed of-Trust. To protect the security of this Deed of trust, and with respect to the property above do►rtibed. T(utlot cxptcisly makes each and ell of the agreomonts, end adopt& and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A. and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the Aoitious deed of butt rocorded In Orange County August )7. 1964, and in all *that counties August 18, 1964. in the book and as the page of rylNirial Records in ilia oflico of the county recorder of the county where said properly is located, noted below opposite the name of such county, namely: COUNTY OOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAOE Alameda 111111111 SS6 King$ 1151 713 Placer 1028 379 Sierra 38 lei Alpine 3 130.31 take 437 Ito Plumbs 166 1307 Slskiyou 506 762 Amedor 131 436 lesson 192 367 Riverside 3775 347 Solano 1297 621 Butte 1310 513 lot Angeles 1.3878 874 Sacramento 5039 124 . Sonoma 2067 427 Coteveres is$ 331 Madera 911 136 San Bonito 300 405 St►nlslaus 1970 56 Colusa 323 391 Marla 1849 122 San Bernardino 6213 768 Sutler 65S 58S Contra Costs 4684 1 Marlpoes 90 453 San Francisco A•304 596 T&hama 457 183 Pat Norte 101 549 Mendocino 667 99 San Joaquln 2835 283 Trinity 108 593 EI Dorado 704 435 Merced 1660 753 San Luis Obispo 1311 137 Tulara 2530 108 inane $052 623 Modoc 191 93 San Met&* 4778 175 Tuolumne I)F7 160 Olenn 469 76 Mono 69 302 Santa Barbara 2065 all venture 2607 237 Humboldt f01 93 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imporlal list 701 Naps 704 742 .Santa Crum 1638 607 Tuba 308 693 Inyo 165 672 Nov&de 363 94 Shasia f00 622 Kern 3736 6" O►anPa 7162 if San Diego SERIES 5 Book 1964,Pape 149774 shall Inure to and bind the parties hereto, with respect to the property above described. Said agroements, terms and provisions contained in said subdivision A and 8, (Identical in all counties, and printed on the reverse side hcroof)are by the within reference thereto, incorporated herein and made a pert of this Deed of Trust for all purposes of fully a& 11 let forth of length hotoin, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trvslor, requests that a copy of any notice of default and any notice of sole hereunder be mailed to him at his addross heroinbeloro set forth. I Signature of Trustor STATE OF CALIFORNIA )98 COUNTY OF__ On . _ before me, the undersigned,a Notary public In and for sald Stale,pereonallyappear- ed— and .---- pemonally known to me(or proved to me on the basic of satisfactory evidence)to be the persona who executed the within Instrument as ---- -- -- ..-President and _. Secretary, on behalf d — the corporation therein named,and acknowledged to me that such oor- poratlon executed the whhln Instrument pursuant to Its by-law&or a revolution of Its boord of directors. WITNESS my hand and official seal. (Thts orea for oRclol notoripl seal) Slgnature.-_- — 1286(8/82) 05/1.6/91 xIII_L'!:`I' !) _.------- --- 3607u/2460/000 Page I of 2 rxpz01r ©'d 1d10.1 DEED OF TRUST _ T.ht Jollowlnp Is a copy of Subdivisions A and 0 of the fictitious Dead of Trust recorded In each county In California as stated In the foregoing Deed of Trust and In- corporated by referenco In sold Deed of Tryst as being a part tharoof as if sat forth at tangrh theioin. A. To jlrowct the security of this Deed of Trust,Truster agrees, (1), To keep sold property In good condition and repair; not to remove or demolish any building thereon;to complete or restore promptly end In good and workinonllko manner any bulldingwhlch may bo constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws effecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit wefts thereof; not tocomtnit,suffer or permit any act upon sold propertyy In violation of law; to cultivate.Irrig.tw f-1111 . h,mig..tr prynt and as all othor oat$oll1h.1i(sum lire tillalUMIlf yr use ul wltf pttfpurty may 06 fea1611Ab1y necessary,the specific enumerotions herein not excluding the general. 12) Tn prnvlria, maintain and deliver to Bonoflolory fire Insurance sathroutwy to and wlin loft payable to Beneficiary.The amount collected under any fire or other Insurance policy may be applied by Benoficlary upon any indebtedness secured hereby and In such order as Benoficlary may determine,or at option of Me- flciary the entire amount so collected or any part thereof maY be released to Truster.Such application or release shall not curb or waive any default of notice of default hereunder Or invalidate any act done pursuant to such notice. ' (3) To oppose In and defend any action or proceeding purporting to affect the security hereof or the dghtt or powers of Beneficiary or Trustee;and to pay all costs and expenses, Including cost of evidence of title ind attorney's feos in a reasonable sum, in any such action or proceeding In which Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquomV all taxes and assessments effecting said property, Including assessments on appurtenant water stock;when due, all Incumbrances,charges and Ilene, with Interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,Foos and expenses of this Trust, Should Truster fall to make any payment or to do any act as herein provided,then Beneficiary or Tmates,but without obligation to to do and without notice to or demand upon Truetor and without ralsb$ing Truetor from any obligation hereof,May:make or do the acme In such manner and to such extent in either may deem noeeaary to protect the security hereof,Beneficiary or Trusted being authorlted to enter upon sold property for such purposes;appear In and defend any action or pro• ceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any ineumb►once,charge or Ilan which in the Judgment of either appears to be prior or superior hereto;and,In axerdlaing any such powers,pay necessary expanses,employ counsel and pay his reason- able Idea. (6) To pay Immediotely and without demand all sums so expanded by Beneficiary or Trustee,with Interest from data of expenditure at the amount allowed by law In effect at the date hereof, and to pay for any statement provided for by law In affect at the data hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement it demanded. S. It Is mutually agreed: (1) That any award of damages In connection with any contiemnotion for public use of or Injury to said property or any part thereof Is hereby,assigned and shell be paid to Beneficiary who may apply or release such moneys eocelved by hills in the same manner and with the same affect as above provided for disposition of proceeds of fire or other Insurance. (2) That by accepting payment of any sum secured hereby after its due data,Beneficiary does not waive his right either to require prompt payment when dug of all other sums to secured or to declare default for falluro to to pay. 131 That at any time or from thria to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affmting lhq('trsongl Ilabillit,of any parson for payment of Lim Indublecirloas u4tlfEtl hirdby,Trustee may: reconvey any part of sold property;contour to the making of any map or plat thereof;loin In granting any ememont thereon;or Join in env extension agreement or any agreement lubordlneting the Ilan or charge hereof. (4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention Or other disposition as Trustee In Its sole discretion may choose and upon payment of Its foes,Trustee shall reconvoy,without warranty, the property than held hereunder.The recitals In such reconvayence of any matters or foci$shell be conclusive proof of the truthtulnsss thereof.7ho Grantee In such rdcOnveyance troy be described as"the person of persons legally entitled thereto." (6) That as additional security, Truttor hereby gives to and confers upon 8oneficlary the right,power and authority,during the continuance of theta Tnlats. to collect the rents,Issues and profits of said properly,reserving unto Truster the right,prior to any default by Truster in payment of any Indebtedness secured hereby or in performance of any agroamant hereunder,to collect and retain such rents.issues And lutrtity—Mqy becoma eye and payable.Upon any such detgult,beneficiary muy tit any time wlthOut police. either In person• by agent,or by a receiver to be appointed by a Court,and wlthovt rtgard to the adequacy of any tacurlty for the in• dabtedness hereby secured,enter upon and take possession of said property or any part thereof,in his own name we for or otherwise collect such rents,Issues,and prof- Its,including those pest dud and unpaid,and apply*the some,less costs and expenses of operation and collection,Including reasonable attorney's foes,upon any Indebted• nest secured hereby, and In such order a$Beneficiary may determine.The entering upon and taking possession of told property,the collection of such rents.Issues end profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hareunder or Invalidate any act done pursuant to such notice. (A) That upon default by Truster in payment of any Indebtedness secured hereby or In performance of any agreement hereunder,Beneficiary may dootare all sums secured hereby Immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold told property,which notice Trustoo thell cause to be filed for record.Beneficiary alto shall deposit with Trustee this Died,sold note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by low following the recordation of said notice of default,and notice of sale having been given as then to. ctuleed by law,Trustee, without demand on Truster,shell sell sold property at the time and place fixed by it In said notice of sole,either as a whole of In separate par- cels, and in such order at It may determine, at public auction to the highest bidder for cash In lawful monoy of the United States,payable at time of sale.Trustee may postpone sale of all or any portion of said property by public announcement of such time and place of solo,and from time to time thereafter may postpone such sale by public announcement at the tlrno fixed by the preceding postponement. Trvstoe shell deliver to such purchaser Its deed conveying the property to sold,but wlth- out any covenant or warranty, express or Implied. The recitals In lvch deed of any matters or facts shall be conclusive proof of the truthfulness thereof.Any parson, Including Truster,Trustee,or Beneficiary as hereinafter defined,may purchase at such sell. After deducting all costs, foes and oxpenses of Trustee and of this Trust,Including cost of evidence of title In connection with sole,Trustee shall apply the pro- cotda of sale to poyrriont of: all sums expended under the terilil hereof,not then repaid,with accrued interest et the amount allowed by la0v In effect at the date hereof; all other sum$than secured hereby;and the remainder,If eny,•to the person or persons legally tntltled thereto. (71 Beneficiary,or any successor In ownership of any Indebtedness secured hereby,may from time to time,by instrument In wetting,Substitute a WWAOr or successors to any Trustee named herein or acting hereunder, which Instrument,executed by the Beneficiary and duly acknowledged and recorded In the office of the recorder of the county or countlet where said property Is situated,shall be concluslve proof of proper suballtutlon of such successor Trustee or Trustees,who shall, without conveyance Irom the Trusteeprodecestor,succeed to ell its title,estate,rights,powers and dutlul.Said Instrument must contain the name of the original Truster. Trustee and Beneficiary hereunder,the book and page where this Dead is recorded and the name and address of the now Trustee. (81 That this Dead applies to, Inures to the benefit of,and binds oil parties hereto,their hotel,logetess,devlua,administrators,executors,successors and as, signs. The term Beneficiary shell mean the owner and holder,Including pledgetts,of the note secured hereby,whether or not named as Boneflclery'heraln.In this Deed, whenever tho context so rtyulfts,the masculine gander Includes the famintno and/or neutur,and the singular number Includes the plural. (9) That Trustee accepts this Trust when thlt Deed,duly executed and acknowledged,Is made Is Public record ae provtded by low.Trustee Is not obligated to notlfy any party hereto of pending safe under any other Deed of Trust or of any action or proceeding In which Truster,Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE; The undersigned is the legal owner and holder of the note or notes,and of all other Indebtedness secured by the foregoing Deed of Trutt.Sold note of notes,to. gether with all other Indebtedness secured by said Deed of Trust,have been fully paid and satisfied:and you are hereby requested and directed,on payment to you of any sums owing to you under the terms of said Deed of Trutt, to cancel sold note or nptet above mentioned,and all other avidences of Indobtedneaa secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust,and to recorvoy,without warranty,to the parties designated by the terms of said Deed of Trust,all the estate now!,old by you under the some. Dated Please mall Dead of Trust, Note and A#conveyance to Dn npf lust•err da$dd�, this Deed of Teurr OR TIDE NOTE.which !r.tecures.Durli musf be delivered to the Tntsfeef or cancellarfun befou reeonyUanCe ivlll be made Feasse LL p x . 0LU w w ixN ro V) Q E N 0 EXHIBIT E-1 QUITCLAIM DEED (Agency Parcel) RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) PACIFIC COAST HOMES ) 2120 Main Street, Suite 260) Huntington Beach, CA 92648 ) Attn: Legal Counsel ) MAIL TAX STATEMENTS TO: ) PACIFIC COAST HOMES ) Post Office Box 7611 ) San Francisco, CA 94120 ) Attn: Manager-Property Tax) DOCUMENTARY TRANSFER TAX: $ Signature of declarant or agent determining tax FOR GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic ( "Grantor" ) , hereby remises, releases and forever quitclaims to PACIFIC COAST HOMES, a California corporation ( "Grantee" ) , the real property in the City of Huntington Beach, County of Orange, State of California, described in Attachment No. 1 attached hereto and hereby made a part hereof, and hereinafter referred to as the "Property" : SUBJECT TO: (a) All general and special real taxes and assessments, not delinquent. (b) Easements, liens, charges, covenants, restrictions, reservations and other matters of record, encumbrances, and any and all amendments, modifications and/or supplements thereto recorded in the Office of the County Recorder, Orange County, California. (c) Matters that can be ascertained by a reasonable inspection and/or survey of the Property. 05/16/91 EXHIBIT E-1 3607u/2460/000 Page 1 of 2 i By acceptance and recordation of this Quitclaim Deed, Grantee covenants, for itself, its successors and assigns as the owners of the Property, that the Property is acquired by Grantee "AS-IS" without any representations or warranties whatsoever, express or implied, and hereby releases Grantor and Grantor' s successors and assigns, from any and all liability on account of the condition of the Property. IN WITNESS WHEREOF, Grantor has executed the instrument this day of 1991 . GRANTOR: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic By. Agency Chairman By. Agency Executive Director ATTEST: Agency Secretary APPROVED AS TO FORM: City Attorney Stradling, Yocca, Carlson & Rauth Agency Special Counsel 05/16/91 EXHIBIT E-1 3607u/2460/000 Page 2 of 2 ATTACHMENT NO. 1 LEGAL DESCRIPTION (Agency Parcel) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 11 WEST, S.B.B. & M, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF TRACT NO. 7656 AS SAID TRACT IS SHOWN ON A MAP RECORDED IN BOOK 295, PAGES 28 THROUGH 31 OF SAID MISCELLANEOUS MAPS, SAID CORNER BEING ALSO THE CENTERLINE INTERSECTION OF GOLDENWEST STREET AND CLAY AVENUE AS SHOWN ON SAID MAP OF TRACT NO. 7656; THENCE ALONG SAID CENTERLINE OF GOLDENWEST STREET NORTH 0 DEGREES 17 ' 20" EAST 103 .92 FEET; THENCE LEAVING SAID CENTERLINE NORTH 89 DEGREES 42 ' 40" WEST 37 .00 FEET; THENCE SOUTH 20 DEGREES 00' 43" WEST 46. 80 FEET; THENCE SOUTH 88 DEGREES 17 ' 35" WEST 7 .00 FEET TO THE INTERSECTION OF THE WESTERLY AND SOUTHERLY LINES OF THE 15 ' FOOT WIDE STRIP OF LAND DESCRIBED AS PARCEL "G" IN THAT CERTAIN RIGHT OF WAY AND EASEMENT AGREEMENT BETWEEN HUNTINGTON BEACH COMPANY AND STANDARD OIL COMPANY OF CALIFORNIA AS RECORDED DECEMBER 28, 1971 IN BOOK 9943, PAGE 221 OF OFFICIAL RECORDS OF .SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE OF SAID PARCEL "G" SOUTH 88 DEGREES 17 ' 35" WEST 181 . 50 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 56 DEGREES 04' 34" WEST 31 .20 FEET; THENCE SOUTH 0 DEGREES 55 ' 16" EAST 118. 65 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT NO. 7656, SAID BOUNDARY BEING ALSO THE CENTERLINE OF SAID CLAY AVENUE WHICH CENTERLINE IS A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 800. 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 DEGREES 53 ' 49" AN ARC LENGTH OF 96. 30 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 59 ' 29" AN ARC LENGTH OF 181 . 39 FEET TO THE POINT OF BEGINNING, A RADIAL PASSING THROUGH LAST SAID POINT BEARS NORTH 9 DEGREES 33 ' 22" WEST. 05/16/91 ATTACHMENT NO. 1 3607u/2460/000 Page 1 of 1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared before me and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as the and on behalf of the Redevelopment Agency of the City of Huntington Beach, a public body corporate and politic and acknowledged to me that such public body executed the within instrument pursuant to a resolution of such public body. WITNESS my hand and official seal. Notary Public (SEAL) 05/16/91 3607u/2460/000 EXHIBIT E-2 QUITCLAIM DEED (PCH Parcel) RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) Redevelopment Agency of the ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Attn: City Attorney ) MAIL TAX STATEMENTS TO: ) Redevelopment Agency of the ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Attn: City Attorney ) DOCUMENTARY TRANSFER TAX: $ Signature of declarant or agent determining tax FOR GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, PACIFIC COAST HOMES, a California corporation ( "Grantor" ) , hereby remises, releases and forever quitclaims to the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic ( "Grantee" ) , the real property in the City of Huntington Beach, County of Orange, State of California, described in Attachment No. 1 attached hereto and hereby made a part hereof, and hereinafter referred to as the "Property" : SUBJECT TO: (a) All general and special real taxes and assessments, not delinquent. (b) Easements, liens, charges, covenants, restrictions, reservations and other matters of record, encumbrances, and any and all amendments, modifications and/or supplements thereto recorded in the Office of the County Recorder, Orange County, California. 05/16/91 EXHIBIT E-2 3607u/2460/000 Page 1 of 3 (c) Matters that can be ascertained by a reasonable inspection and/or survey of the Property. EXCEPTING all oil, gas and other hydrocarbons, geothermal resources, and all other minerals, whether similar to those herein specified or not, within or that may be produced from said Property. FURTHER EXCEPTING AND RESERVING the sole and exclusive right from time to time to drill and maintain wells or other works on or through said Property and the adjoining streets, roads and highways below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works, oil, gas, water and other substances of whatever nature, including the right to perform below said depth and any and all operations deemed necessary or convenient for the exercise of such rights. The rights hereinabove excepted and reserved do not include and do not except or reserve any right to use the surface of the Property or the first 500 feet below the surface of the Property or to conduct any operations thereon or therein. Unless hereinafter specifically excepted and reserved, all rights and interests in the surface of the Property are hereby conveyed to Grantee. FURTHER EXCEPTING AND RESERVING to Grantor, its successors and assigns, any and all water rights or interests therein, together with the right to grant and transfer all or a portion of the same, no matter how acquired by Grantor, and owned or used by Grantor in connection with or with respect to the Property, together with the right and power to explore, drill, redrill, remove and store the same from the Property or to divert or otherwise utilize such water, rights or interest on any other property, whether such water rights shall be riparian, overlying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or contractual; but without, however, any right to enter upon the surface of the Property in the exercise of such rights or upon the upper thirty (30) feet of the subsurface of the Property, and also without any rights to enter upon the subsurface thereunder in such manner as to materially impair the support or stability of any structures or improvements from time to time located on the Property. By acceptance and recordation of this Quitclaim Deed, Grantee covenants, for itself, its successors and assigns as the owners of the Property, that the Property is acquired by Grantee "AS-IS" without any representations or warranties whatsoever, express or implied, and hereby releases Grantor and Grantor' s successors and assigns, from any and all liability on account of the condition of the Property. 05/16/91 EXHIBIT E-2 3607u/2460/000 Page 2 of 3 IN WITNESS WHEREOF, Grantor has executed the instrument this day of 1991 . GRANTOR: PACIFIC COAST HOMES, a California corporation By: Its: By: Its : 05/16/91 EXHIBIT E-2 3607u/2460/000 Page 3 of 3 ATTACHMENT NO. 1 LEGAL DESCRIPTION (PCH Parcel) THOSE PORTIONS OF LOTS 13 AND 14 OF BLOCK 1901 OF TRACT NO. 12 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDING AND INCLUSIVE OF PORTIONS OF SEVENTEENTH STREET AS SHOWN ON SAID MAP AND AS VACATED IN THAT CERTAIN RESOLUTION NO. 5989 OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH RECORDED AS INSTRUMENT NO. 89-137620 OF OFFICIAL RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF LAKE AVENUE, 90.00 FEET IN WIDTH, AND SEVENTEENTH STREET, 70. 00 FEET IN WIDTH, AS SHOWN ON SAID MAP OF TRACT NO. 13569; THENCE SOUTH 00 DEGREES 19' 06" WEST 207 . 32 FEET ALONG SAID CENTERLINE OF - LAKE AVENUE TO THE CENTERLINE INTERSECTION OF PARK STREET, 52 . 00 FEET IN WIDTH, AS SHOWN ON THE MAP OF SAID TRACT NO. 13569; THENCE NORTH 89 DEGREES 40' 54" WEST 237 . 70 FEET ALONG SAID CENTERLINE OF PARK STREET; THENCE NORTH 00 DEGREES 19 ' 06" EAST 155 . 89 FEET TO THE CENTERLINE OF SAID SEVENTEENTH STREET; THENCE NORTH 41 DEGREES 38' 23" EAST 68. 48 FEET ALONG SAID CENTERLINE TO AN ANGLE POINT IN SAID SEVENTEENTH STREET; THENCE CONTINUING ALONG SAID CENTERLINE OF SEVENTEENTH STREET SOUTH 89 DEGREES 40' 54" EAST 192 . 48 FEET TO THE POINT OF BEGINNING. 05/16/91 ATTACHMENT NO. 1 3607u/2460/000 Page 1 of 1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared before me and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as the and on behalf of Pacific Coast Homes, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal . Notary Public (SEAL) 05/16/91 3607u/2460/000 EXHIBIT F SOIL INVESTIGATION REPORT J� CITY OF HUNT1NGTON BEACH INTER-DEPARTMENT COMMUNICATIQN HUNTINGTON BEACH To Robert Franz From Raymond C. P� .r Deputy City Administrator Fire Chief �, Subject MILEY-KECK #28 OIL WELL Date December 192 1990 CIVIC CENTER PARKING LOT On this date, Fire Department personnel monitored the area of the 'Miley=Keck #28 oil well for methane gas. A total of five (5) surface and shallow subsurface borings were performed. The results of all five (5) tests indicated no traces of methane gas. It should be noted that this well is not abandoned to the current State Division of Oil and Gas standards. However, due to the fact that the area has no structure and is an open parking lot we feel comfortable with the oil well status at this time. RCP/sr 0921 f 05/16/91 EXHIBIT F 3607u/2460/000 Page 1 of 1 EXHIBIT G-1 QUITCLAIM (Agency Parcel) RECORDED AT REQUEST OF, ) AND WHEN RECORDED SEND TO: ) PCH CORPORATION ) 2120 Main Street, Suite 260 ) Huntington Beach, CA 92648 ) Attention: Legal Counsel ) FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PACIFIC COAST HOMES, a California corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, all right, title and interest in that certain property described on Attachment No. 1 attached hereto and incorporated herein. EXECUTED this day of , 1991 . PACIFIC COAST HOMES, a California corporation By: Its: By: Its. 05/16/91 EXHIBIT G 3607u/2460/000 Page 1 of 1 ATTACHMENT NO. 1 LEGAL DESCRIPTION (Agency Parcel) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 11 WEST, S.B.B. & M, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF TRACT NO. 7656 AS SAID TRACT IS SHOWN ON A MAP RECORDED IN BOOK 295, PAGES 28 THROUGH 31 OF SAID MISCELLANEOUS MAPS, SAID CORNER BEING ALSO THE CENTERLINE INTERSECTION OF GOLDENWEST STREET AND CLAY AVENUE AS SHOWN ON SAID MAP OF TRACT NO. 7656; THENCE ALONG SAID CENTERLINE OF GOLDENWEST STREET NORTH 0 DEGREES 17 ' 20" EAST 103 .92 FEET; THENCE LEAVING SAID CENTERLINE NORTH 89 DEGREES 42 ' 40" WEST 37 . 00 FEET; THENCE SOUTH 20 DEGREES 00' 43" WEST 46.80 FEET; THENCE SOUTH 88 DEGREES 17 ' 35" WEST 7 . 00 FEET TO THE INTERSECTION OF THE WESTERLY AND SOUTHERLY LINES OF THE 15 FOOT WIDE STRIP OF LAND DESCRIBED AS PARCEL "G" IN THAT CERTAIN RIGHT OF WAY AND EASEMENT AGREEMENT BETWEEN HUNTINGTON BEACH COMPANY AND STANDARD OIL COMPANY OF CALIFORNIA AS RECORDED DECEMBER 28, 1971 IN BOOK 9943 , PAGE 221 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE OF SAID PARCEL "G" SOUTH 88 DEGREES 17 ' 35" WEST 181 . 50 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 56 DEGREES 04' 34" WEST 31.20 FEET; THENCE SOUTH 0 DEGREES 55 ' 16" EAST 118. 65 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT NO. 7656, SAID BOUNDARY BEING ALSO THE CENTERLINE OF SAID CLAY AVENUE WHICH CENTERLINE IS A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 800. 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 DEGREES 5349" AN ARC LENGTH OF 96. 30 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 800. 00 FEET; THENCE NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 59' 29" AN ARC LENGTH OF 181 . 39 FEET TO THE POINT OF BEGINNING, A RADIAL PASSING THROUGH LAST SAID POINT BEARS NORTH 9 DEGREES 33 ' 22" WEST. 05/16/91 ATTACHMENT NO. 1 3607u/2460/000 Page 1 of 1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared before me and , personally kn1own to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as the and on behalf of Pacific Coast Homes, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal . Notary Public (SEAL) 05/16/91 3607u/2460/000 o , EXHIBIT G-2 QUITCLAIM (PCH Parcel) RECORDED AT REQUEST OF, ) AND WHEN RECORDED SEND TO: ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) Attention: City Attorney ) FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to PACIFIC COAST HOMES, a California corporation, all right, title and interest in that certain property described on Attachment No. 1 attached hereto and incorporated herein. EXECUTED this day of 1991 . REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic By: Agency Chairman By. Agency Executive Director ATTEST: Agency Secretary APPROVED AS TO FORM: City Attorney Stradling, Yocca, Carlson & Rauth Agency Special Counsel 05/16/91 EXHIBIT G-2 3607u/2460/000 Page 1 of 1 ATTACHMENT NO. 1 LEGAL DESCRIPTION (PCH Parcel) THOSE PORTIONS OF LOTS 13 AND 14 OF BLOCK 1901 OF TRACT NO. 12 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDING AND INCLUSIVE OF PORTIONS OF SEVENTEENTH STREET AS SHOWN ON SAID MAP AND AS VACATED IN THAT CERTAIN RESOLUTION NO. 5989 OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH RECORDED AS INSTRUMENT NO. 89-137620 OF OFFICIAL RECORDS OF ORANGE COUNTY, AND PORTIONS OF LAKE AVENUE AND PARK STREET AS SHOWN ON THE MAP TRACT NO. 13569, RECORDED IN BOOK 652, PAGES 28 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF LAKE AVENUE, 90. 00 FEET IN WIDTH, AND SEVENTEENTH STREET, 70.00 FEET IN WIDTH, AS SHOWN ON SAID MAP OF TRACT NO. 13569; THENCE SOUTH 00 DEGREES 19' 06" WEST 207 . 32 FEET ALONG SAID CENTERLINE OF LAKE AVENUE TO THE . CENTERLINE INTERSECTION OF PARK STREET, 52 .00 FEET IN WIDTH, AS SHOWN ON THE MAP OF SAID TRACT NO. 13569; THENCE NORTH 89 DEGREES 40' 54" WEST 237 . 70 FEET ALONG SAID CENTERLINE OF PARS: STREET; THENCE NORTH 00 DEGREES 19' 06" EAST 155 . 89 FEET TO THE CENTERLINE OF SAID SEVENTEENTH STREET; THENCE NORTH 41 DEGREES 38' 23" EAST 68.48 FEET ALONG SAID CENTERLINE TO AN ANGLE POINT IN SAID SEVENTEENTH STREET; THENCE CONTINUING ALONG SAID CENTERLINE OF SEVENTEENTH STREET SOUTH 89 DEGREES 40' 54" EAST 192 . 48 FEET TO THE POINT OF BEGINNING. 05/16/91 ATTACHMENT NO. 1 3607u/2460/000 Page 1 of 1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1991., before me, the undersigned, a Notary Public in and for said State, personally appeared before me and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as the and on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, and acknowledged to me that such public body executed the within instrument pursuant to a resolution of such public body. WITNESS my hand and official seal. Notary Public (SEAL) 05/16/91 3607u/2460/000 — w% 1 G- 71 1, 7 —• ---,CCV 1 L r I I`Il.. 002 ,FROM:CTY OF HB/PURCHASING TO. 714 891 7299 MAY 16s 1991 3: 17PM P155 P.O--: C11'Y OF "UNTI NOTON BEACH t 1 CITY COUNCIL COMMUNICATION HUNTINGION Pr.c11 To CONNIE BROCKWAY from City Clerk ouncilnt Subject APPEAL - 01iNJQ(A). PLAN data May lb, 1991 CONFORMANCE NO. 91.3 I hereby appeal the Planning Commission's decision to deny General Plan Conformance No. 91-3 (Northwest corner of Goldenwaiyt Street and Clay Avenue) for the following reasons: 1. 7'lin Oencral 1'lian and 'Zoning dosignation for trio subject proporty are low density residential. 2. 'There Is no designation itl C:omHtiaanity fiacitity Element or any other Element of the General Plan which would designate any public use on the subject site. For the above stated reasons, I am appooling the decision of the Planning Commission and request the City Council to makca a determination that the disposition of a 12,240 square foot parcel is in conformance with the City's Deneral Plan. x c rn rn O t, ^0 O cc: Honorable Mayor arid City Couneilmembers ---a C, Michael T, llhnrungn Mike Adams c� huntington beach department of community development StA f f REPORT TO: Planning Commission FROM: Community Development DATE: May 7, 1991 SUBJECT: GENERAL PLAN CONFORMANCE NO. 91-3 (R) APPLICANT: City of Huntington Beach ZONE: R1 (Low Density Department of Residential District) Administrative Services Huntington Beach, CA 92648 GENERAL PLAN: Low Density Residential (Holly-Seacliff PROPERTY City of Huntington Beach Master Plan) OWNER: 2000 Main Street Huntington Beach, CA 92648 EXISTING USE: Vacant REOUEST: Determination that the disposition of a 12, 240 square foot parcel is in ACREAGE: 12 , 240 conformance with the square feet General Plan. LOCATION: Northwest corner of Goldenwest Street and Clay Avenue. 1 . 0 SUGGESTED ACTION: Approve General Plan Conformance No . 91-3 (R) with findings . 2 . 0 GENERAL INFORMATION: General Plan Conformance No. 91-3 (R) is a request to review for conformity with the General Plan, the disposition of a 12, 240 square foot parcel owned by the City of Huntington Beach. The subject property is currently vacant . The original request, General Plan Conformance No. 91-3 , was denied by the Planning Commission on March 19 , 1991 based upon findings (see Attachment No . 4) . This request is identical to the original and is being transmitted for reconsideration due to additional information (see Attachment Nos . 1, 2, & 3) . A-FM-23C • f The Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property nor dispose of any real property, nor construct a public building or structure in any city until the location, purpose, and extent of such activity has been recorded upon as to conformity with the adopted General Plan. 3 . 0 ENVIRONMENTAL STATUS: This project is categorically exempt pursuant to Section 15312 of the California Environmental Quality Act . 4 . 0 DISCUSSION: The subject property currently has a General Plan Land Use Designation of Low Density Residential . This site is not designated for any other use, public or private, by any of the other nine (9) Elements of the General Plan, including Community Facilities . The Land Use Element of the General Plan reads as follows : Land Use - The Low Density Residential category is where single family detached dwelling units are permitted. The allowable density is seven (7) or less dwelling units per gross acre. Low density planned unit cluster development is allowable under this Land Use Designation. The property is zoned R1 (Low Density Residential District) which is intended for single family residential designed pursuant to the R1 development standards . Once the property is disposed, it will ' be used for development of single family residences in accord with the General Plan . The property was originally acquired for a water booster pump station. However, upon re-evaluation of the area ' s needs and other improvements taking place within the area, this site is no longer needed for such a use. Rather, a new booster station is being developed in conjunction with a water reservoir at the City' s Water Warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest . In response to suggestions that the site could be used for a Green Acres reservoir, the attached memo from City Engineer Robert Eichblatt indicates that the site is not appropriately located for such use and is not of sufficient size. In addition, the property is being surplused for the purpose of an exchange for property, currently not owned by the City, which is being used as Civic Center parking . 5 . 0_ RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No . 91-3 (R) pursuant to Section 65402 of the California Government Code with the following suggested findings : Staff Report - 5/7/91 -2- (9577d) SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO, 91-3(R) : 1 . Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. 2 . The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan: a . Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3 .4 . 2 . 5 . ) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources . (3 .4 . 2 . 7 . ) 3 . Disposition of the 'subject property will not conflict with any of the policies contained within the Community Facilities Element of the General Plan. It has been determined that this site is no longer necessary for a water booster pump station. 6 . 0 ALTERNATIVE ACTION: The Planning Commission may deny General Plan Conformance No . 91-3 (R) with findings . ATTACHMENTS: 1 . Memo from Robert Franz dated April 24 , 1991 2 . Memo from Ron Hagandated April 9 , 1991 3 . Memo from Robert Eichblatt dated April 16, 1991 4 . General Plan Conformance No. 91-3 Findings for Denial dated March 22, 1991 5 . Planning Commission staff report dated March 19 , 1991 HS:SH: kjl Staff Report - 5/7/91 -3- (9577d) RECEIVED J. , ' CITY OF HUNTINGTON BEACKPR 2 4 ,991 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Dept. of Comm. Development To MIKE ADAMS From ROBERT FRANZ Director Community Development Deputy City Admi str Subject City Property Date April 24, 1991 N/W Corner Clay/Goldenwest The Planning Commission, on March 19, 1991, denied the City's request for a finding that the proposed surplusing of the subject property is in conformance with the General Plan. We are requesting a re-hearing by the Commission so it may review additional information which we believe justifies' modification of their prior findings. The General Plan and zoning designates this parcel as low density residential and not for public use. Attached is a memo from Robert E. Eichblatt, City Engineer, outlining the original reason for acquiring this property and why it is not now utilized for this purpose. A second memo is from Ron Hagan, Director of Community Services, explaining why this site is not suitable for a public park. The surplusing of the subject property is for the purpose of an exchange for property currently not owned by the City but presently being used as Civic Center parking. The property owner and the City have tentative agreement on the value of the property being used by the City, but acquisition is dependent on the City finding a source of funds for the acquisition. Rather than deplete limited financial resources, the use of the subject parcel, in a property exchange, has been recommended. Since the subject property is not needed, and the Civic Center property is needed, the surplusing of the Clay property is reasonable and advisable. A modification of the Planning Commissions findings and reversal of their prior decision would allow the City to surplus the parcel, making way for an exchange that will be beneficial to the City. cc: Bob Eichblatt, City Engineer Ron Hagan, Director of Community Services RF/rf 0143U CITY : OF HUNTINGTON BEACH PROPERTY • INTER-DEPARTMENT COMMUNICATION APR 11 199. • ` HVNTINGTON tfACH MANAGEMENT To : Bob Franz From: on Hagan Deputy City Administrator Director Community Services Subject : CITY PROPERTY-CLAY Date : April 9 , 199# AND GOLDEN WEST As we discussed in our meeting today, the city owned vacant land on the northwest corner of Clay and Golden West would not be suitable for a park. It is only . 28 acres and the available acreage will be reduced when the Golden West Street is widened to three lanes in both directions . A neighborhood park is a minimum of 2 . 5 acres . Also, the site is in a poor location adjacent to one of the busiest streets in Huntington Beach. A neighborhood park is ideally located internally within the residential area. Therefore, due to size and location problems , this site would not be desirable for a neighborhood park. If you have any other questions regarding this matter , please feel free to contact me. JBE : am cc : Jim Engle Dan Brennan Scott Hess Bob Eichblatt 2 - PROPERTY • APR 1 61991 J CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION MANAGEMENT HUNTINGTON BEACH To Dan Brennan, Director From Robert E. Eichblatt Real Estate Services City Engineer Subject Surplus City Parcel at Date April 16, 1991 Northwest Corner of Goldenwest and Clay Pursuant to our recent discussion, the site in question had been at one time considered by the City for a water booster pump station. It is no longer needed for that purpose. The Planning Commission recently denied approval of surplusing this site, indicating that the site had potential use for a water reservoir serving the future Green Acres Project. We feel that it would be ill—advised for the City of Huntington Beach to reserve this specific site for a Green Acres Reservoir for the following reasons: 1. The Green Acres Program and associated transmission main and reservoir facilities are the total responsibility of the Orange County Water District, not the City of Huntington Beach. Therefore, funding of same is also a total responsibility of the Orange County Water District. The City of Huntington Beach is only responsible for mains and services that will be attached to the O.C.W.D. major transmission facilities. 2. The Green Acres Study performed by Boyle Engineering for the Orange County Water District identifies two other more desirable locations for reservoirs adjacent to the route of the transmission line. The subject site was not studied because of its location. 3. The site in question at the northwest of Goldenwest and Clay is more than 1,000 feet south of the alignment of the Green Acres transmission line, and it would potentially mean substantial increased costs to the Green Acres Project, if a reservoir at this site were to serve the project. 4. This site is rather small, and if a meaningfully sized reservoir were to be placed on the site, it would probably be some sort of tank that would not only be buried in the ground, but would also stick up in the air. From an environmental standpoint, such a structure would potentially be objectionable to surrounding residential areas. If you have any further questions or comments, please contact me. REE:lb cc: Louis Sandoval Jeff Renna Bob Franz 2928g/7 2 • � GOG DENh/ES T S 1'�'Ef..T �- 3 • Al 00*17'00,e NE'L Y COMP T.P. NO. 7G5e- Np R7/NT of COM�fENCEMEA/r aln � m N N moo. 1 T.PO.B. .�✓7 i^✓� f G�J�3i ,d,74'47'Z/" zs 7.5 Q= 3Z.00' C- 4/ '77' 'N /s'�asE/yE,vr ro SrX1V0,4,2o 0 p g Ole- Co. of CAL/F0.2N/q V1 I g D 0 tq W y AN h Ql//T CLA/✓-/ OEEO o o, .PECo.20E0 2/Z 9�80 �� AS /MST. �'6B-Q99�GYi • 60 �� c- C / '0434" \t/5(o R • NOG'S5' /�o"� �//B,l0 5' JWDEN &SOCIATES '4 GEQAL OE.SC.e/PriOn/ Fo,e 3b BOOSTER PdMP STAT/ON P/gRCEL CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 19012 COWAN.SU1TE210 • IRVINE,CA92714 wo.N0. D�l� 8 -/lO'B9 . 'Ivnolio rAx_vrso•li. c P2 Cnr. P'e_ en.•I� Or 2 MAP WAS PREPARED FOR ORANGE ' CUUNTY ASSESSOR DEPT. PURPOSES ONLY z THE ASSESSOR MAKES NO GUARANTEE AS TC ' ITS ACCURACY NOR ASSUMES ANY LIABILITY Q FOR OTHER USES. NOT TO BE REPRODUCED. 50 , So. ALL RIGHTS RESERVED. ©COPYRIGHT ORANGE COUNTY ASSESSOR 1S 8/ 80 79 TRA C T 27 O _ 1 r � �s f 25a.W LAKE .--1 5 T, A' a' I a 0' >� I 6 Q 1 TRACT I UO 52. 7907 _ _ _ Qj W a04L 63 'L) N // o° 111\ 155.89' ♦0,J.3 j 4 i � r CL P \O�, I I •\ � '•R a 0' I N PINE \ I 4 � � � 9].a6• J I 14.g6. I I T2 fNO. 12 — — — 211.132-— — — �I_ — _ 150• I 200, _. _ —_ — - _ _ _ _ _ — J \ - - _ _ _ _ — _ — _ - - 1 i1\ :n. C 1948 3G TRACT NO. 12 M.M. 9-13 TRACT NO. 13569 M.M. 552-28 7.3 33 huntington beach department of community development STAFF REPORT TO: Planning Commission FROM: Community Development DATE : March 19 , 1991 SUBJECT: GENERAL PLAN CONFORMANCE NO. 91-3 (CONTINUED FROM THE MARCH 5 , 1991 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach ZONE: R1 (Low Density Department of Residential District) Administrative Services Huntington Beach, CA 92648 GENERAL PLAN : Low Density Residential (Holly-Seacliff PROPERTY City of Huntington Beach Master Plan) OWNER : 2000 Main Street Huntington Beach, CA 92648 EXISTING USE : Vacant REOUEST: Determination that the disposition of a 12 , 240 square foot parcel is in ACREAGE : 12 , 240 conformance with the square feet General Plan. LOCATION: Northwest corner of Goldenwest Street and Clay Avenue . 1 . 0 SUGGESTED ACTION: Approve General Plan Conformance No . 91-3 with findings . 2 . 0 GENERAL INFORMATION: General Plan Conformance No . 91-3 was continued from the March 5, 1991 Planning Commission meeting due to a 3-3-1 vote; a split vote results in an automatic continuance. The request is to review the disposition of a 12 , 240 square foot parcel owned by the City of Huntington Beach, as it conforms to the City' s General Plan. The subject property is currently vacant . A-FM-23C 3 . 0 ' DISCUSSION: The property was originally acquired for a water booster pump station. However, upon re-evaluation of the area ' s needs and other improvements taking place within the area , this site is no longer needed for such a use . Rather, a new booster station is being developed in conjunction with a water reservoir at the City' s Water Warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest . The subject property currently has a General Plan Land Use Designation of Low Density Residential and is zoned R1 (Low Density Residential District) . The property is currently vacant . The site is not designated as a public utility, park or any other use other than residential . Since the property is vacant and its intented use is residential , the City ' s action to dispose the property conforms with the General Plan . 4 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No . 91-3 pursuant to Section 65402 of the California Government Code with the following suggested findings : SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO . 91-3 : 1 . Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. 2 . The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan : a . Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3 .4 . 2 . 5 . ) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources . (3 . 4 . 2 . 7 . ) 3 . Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities Element of the General Plan. It has been determined that this site is no longer necessary for a water booster pump station. 5 . 0 ALTERNATIVE ACTION: The Planning Commission may deny General Plan Conformance No . 91-3 with findings . ATTACHMENTS : 1 . Planning Commission Staff Report dated March 5 , 1991 HS : SH: kjl Staff Report - 3/19/91 -2- (8 C�O I Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 May 10, 1991 City of Huntington Beach Department of Administrative Services 2000 Main Street Huntington Beach, CA 92648 SUBJECT: GENERAL PLAN CONFORMANCE NO. 91-3 (R) REQUEST: Determination that the disposition of a 12 , 240 square foot parcel is in conformance with the General Plan. LOCATION: Northwest corner of Goldenwest Street and Clay Avenue DATE OF ACTION: May 6, 1991 FINDINGS FOR DENIAL - GENERAL PLAN CONFORMANCE NO. 91-3 : 1 . Disposition of the subject property to allow for residential development is premature until it can be conclusively demonstrated that the site is not suited for other public use. 2 . Disposition of the subject property would deprive the City of a parcel that is of potential use for water facilities , such as a reclaimed (recycled) water resevoir, because of its relatively high elevation, which is of hydraulic advantage because of minimized energy costs of pumping water . 3 . The conveyance would be inconsistent with the following policies contained in the General Plan: a . Achieve wise management and planned utilization of the area ' s water resources by encouraging water conservation, reclamation, and desalinization. (2 . 1. 2 . 2) b. Provide and maintain an adequate level of community facilities and municipal services in all community areas . (3 . 3 . 5 . 1) c . Improve and upgrade community facilities when necessary. (3 . 3 . 5 . 1) General Plan Conforn, .ice No . 91-3 Page Two d . Promote the provision of adequate community facilities within the City of Huntington Beach. (3 . 5 . 6 . 1) e. Incorporate energy-saving measures and devices in the design of new City buildings . (3 . 5 . 6 . 3) f . Investigate opportunities for City involvement in resource recycling activities . (3 . 5 . 6 . 4) I hereby certify that General Plan Conformance No . 91-3 (R) was denied by the Planning Commission of the City .of Huntington Beach on May 6 , 1991, upon the foregoing findings . Sincerely, Mike Adams, Secretary Planni g Commission by: Hal Simmons Senior Planner (965ld-22, 23) SUMMARY REPORT PURSUANT TO SECTION 33433 of the CALIFORNIA COMMUNITY REDEVELOPMENT LAW on an EXCHANGE AGREEMENT by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH and PACIFIC COAST HOMES This summary report has been .prepared for the Huntington Beach Redevelopment Agency ("Agency") pursuant to Section 33433 of the California Health and Safety Code. This report sets forth certain details of the proposed Exchange Agreement ("Agreement") between the Agency and Pacific Coast Homes ('Participant"). The Agreement requires the Agency to acquire the 0.770 net acre/1.105 gross acre parcel owned by Pacific Coast Homes, which will then be used to provide parking to serve the Redevelopment Agency as part of the Huntington Beach Civic Center complex. The Agency compensation to the Participant for the conveyance of this property consists of the exchange of a 0.281 net acre/0.6192 gross acre parcel of land within the City of Huntington Beach, plus monetary consideration. This report describes and specifies: 1. The cost of the proposed Agreement to the Agency, including land acquisition costs, closing costs and parking construction costs; 2. The estimated value of the interest conveyed, determined at the highest uses permitted under the Redevelopment Plan; 3. The value of the interests being conveyed by the developer in exchange for the Agency property. This report and the proposed Agreement are to be made available for public inspection prior to the approval of the Agreement. - 1 - A. SALIENT POINTS OF THE AGREEMENT 1. Participant Responsibilities Under the proposed Agreement, the Participant agrees to convey the .770 net acre /1.105 gross acre parcel of land located at Lake Avenue and Seventeenth Street to the Agency. 2. Agency Responsibilities The Agency is responsible for and shall commit to purchase the .281 acre City owned parcel located at Goldenwest Street and Clay Avenue. This parcel shall then be conveyed to the Participant as partial compensation for the Participant parcel at Lake Avenue and Seventeenth Street. The Agency shall also deliver a promissory note to the Participant in the amount of $426,000. This promissory note shall accrue simple interest at 10% per annum. The annual debt service payments shall be set equal to 75% of the property tax-increment, excluding the 20% housing set-aside allocation, until such time as the principal plus interest is fully repaid. B. COST OF AGREEMENT TO AGENCY The estimated costs of the Agreement to the Agency are as follows: Acquisition of City Parcel $ 245,000 Promissory note - Principal 426,000 Promissory note - Interest (1) 213,230 Closing costs (2) 2,000 Parking construction costs 189,043 Total Agency Costs $1,075,273 (1) See Table 1 (2) Consists of escrow fees, real estate transfer tax, Quit Claim deed recording and title insurance. - 2 - C. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED TO THE PARTICIPANT DETERMINED AT THE HIGHEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN The determination of the estimated value of the property to be conveyed to the Participant pursuant to the proposed Agreement was made by Mark W. Linnes, in a highest and best use appraisal dated October 25, 1989. The total value of the property being conveyed to the Participant is estimated at $245,000. In addition, the Participant will be the recipient of a $426,000 promissory note. Thus, the total value of the interest being conveyed to the Participant is $671,000. D. PURCHASE PRICE PAID BY PARTICIPANT AND REASONS FOR DIFFERENCE IN FAIR MARKET VALUE FOR THE HIGHEST USE UNDER THE REDEVELOPMENT PLAN The Participant is receiving property and monetary consideration with a total value of $671,000. In return, the Participant is conveying a .770 acre parcel to the Agency. In a highest and best use appraisal prepared by Mark W. Linnes, dated October 25, 1989, the value of the .770 acre parcel was determined to be $671,000. Therefore, the compensation being provided to the Agency is equal to the value of the interests being conveyed at the highest use under the Redevelopment Plan. 0153U - 3 - TABLE 1 LOAN AMORTIZATION SCHEDULE PACIFIC COAST HOMES SITE YORKTOWN/LAKE REDEVELOPMENT PROJECT AREA. HUNTINGTON BEACH, CALIFORNIA BEGINNING DEBT SERVICE, INTEREST OUTSTANDING PRINCIPAL ENDING DATE BALANCE PAYMENT (1) DUE INTEREST REDUCTION BALANCE .... ......... ............ ........ ......... ....... 8/91 S426,000 S7,396 S12,425 55,029 SO $426,000 8/92 426,000 53,983 47,629 0 6,353 419,647 8/93 419,647 68,501 41,965 0 26,537 393,110 8/94 393,110 89,911 39,311 0 50,600 342,510 8/95 342,510 150,000 348251 0 115,749 226,761 8/96 226,761 150,000 22,676 0 127,324 99,437 8/97 99,437 109,381 9,944 0 99,437 0 8/98 0 0 0 0 0 0 8/99 0 0 0 0 0 0 8/200D 0 0 0 0 0 0 8/01 0 0 0 0 0 0 ' 8/02 0 0 0 0 0 0 8/03 0 0 0 0 0 0 8/04 0 0 0 0 0 0 8/05 0 0 0 0 0 0 8/06 0 0 0 0 0 0 8/07 0 0 0 0 0 0 OJUO V V V V 8/09 0 0 0 0 0 0 8/10 0 0 0 0 0 0 8/11 0 0 0 0 0 0 8/12 0 0 0 0 0 0 8/13 0 0 0 0 0 0 8/14 0 0 0 0 0 0 8/15 0 0 O 0 0 0 8/16 0 0 0 0 0 0 0/17 0 0 0 0 0 0 1) MAXIMUM PAYMENT IS EQUAL TO 75% OF PROPERTY TAX INCREMENT EXCLUDING 20% HOUSING SET ASIDE - NO INCREASE IN ASSESSED VALUE PROJECTED AFTER FY 1994/95 SOURCE: KEYSER MARSTON ASSOCIATES, INC. MARCH, 1991 SURPLUS CITY PROPERTY The vacant and undeveloped Clay property thus became surplus property to the City. An appraisal dated October 25, 1989 gave this 0.281 net acre parcel a value of $245,000. As part of the Civic Center Redevelopment area plan, a parking lot was constructed east of City Hall, a portion of which is located on property owned by Pacific Coast Homes ("PCH"). PCH is willing to exchange their .770 net acre parcel valued at $671,000, by an appraisal dated October 25, 1989, for the City's parcel on Clay street, together with the cash difference in the value of these two properties. The cash difference will take the form of a trust deed in this transaction and will be paid from future tax increment revenue from the Yorktown/Lake Redevelopment Project area. To implement this exchange, the City parcel being surplused must first be transferred to the City Redevelopment Agency, then an exchange agreement be approved by the Agency and PCH. Prior to acting on the transfer of the property, the City Council must find the disposition of the property to be in conformance with the General Plan. On May 7, 1991, the Planning Commission again denied the requested finding of conformance with.the General Plan. Councilman MacAllister appealed the denial to the City Council. The Clay property currently has a General Plan Land Use Designation of Low Density Residential. This site is not designated for any other use, public or private, by any of the other nine (9) elements of the General Plan, including Community Facilities. The Land Use Element of the General Plan reads as follows: Land Use - The Low Density Residential category is where single family detached dwelling units are permitted. The allowable density is seven (7) or less dwelling units per gross acre. Low density planned unit cluster development is allowable under this Land Use Designation. The property is zoned R1 (Low Density Residential District) which is intended for single family residential designed pursuant to the R1 development standards. Once the property is disposed, it will be used for development of single family residences in accord with the General Plan. The property was originally acquired for a water booster pump station. However, upon re-evaluation of the area's needs and other improvements taking place within the area, this site is no longer needed for such a use. Rather, a new booster station is being developed in conjunction with a water reservoir at the City's Water Warehouse at Garfield and Huntington. This will replace the need for a facility at Clay and Goldenwest. In response to suggestions that the site could be used for a Green Acres reservoir, City Engineer Robert Eichblatt indicates that the site is not appropriately located for such use and is not of sufficient size. Staff recommends that the City Council overturn the Planning Commission's denial of SURPLUS CITY PROPERTY General Plan Conformance No. 91-3(R) and approve with the following findings: SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 91-3(R) 1. Disposition of the subject property to allow for residential development is consistent with the Low Density Residential General Plan Designation and zoning for the property. 2. The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan. a. Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3.4.2.5.) b. Encourage and maintain a well balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources. (3.4.2.7.) 3. Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities Element of the General Plan. It has been determined that this site is no longer necessary for a water booster pump station. FUNDING SOURCE: Yorktown/Lake Redevelopment Agency future tax increment funds ($426,000) and exchange of Clay property. ALTERNATE ACTION: Determine a funding source to pay full cash value of $671,000 to PCH for the Civic Center parcel currently used for a portion of the parking lot. ATTACHMENT: A) Maps of Clay property and Civic Center property. B) Exchange Agreement between PCH and Redevelopment Agency. C) Letter of Approval of General Plan Conformance No. 91-3(R) dated May 16, 1991. D) Huntington Beach Planning Commission Notice of Action General Plan Conformance No. 91-3(R). (Findings for Denial) E) Planning Commission Staff Report for General Plan Conformance No. 91-3(R) dated May 7, 1991. 0123U (D Public Parking - tJ,2 w' City Vehicles 0 R K TC) w 0 QPublic Pa-r-king Elected Officials G- SO Dcoarbnent Head,-, A/3*04 .v Division Heads LU• .5 X? Sal Pe' Crnly (POLICZ) 1- peci Carpool Vehicf�s Grly NT tCIJJ X. C1 F—XPA9810M of CIVIC x CENITER, PARKING -V-� NX rOLICC O('rT. . . . ........ .... ..... M K -3 T K C t-T 1 SK ',�c�" �J� �` !�j�� `�♦� ,•A `\�.'�"), .1`�f_f ,-[t'�`,I`:^�`I'��)r Yf:i� lC�^�;;�y f^h 11j' 'i{t{�f f, 3f��•;/.��y� rjl ,t;��}`f}l��`,'�i+f�1-J,1`[`�r_,.,�1� �.�'.-tYY�)f , , - � - - - :r GARFIEL D — - -µ' ' _,•' `$,c�>1 ' `/,'` C. � Y If' f-/�('�',.,�jl�'x �`}a� 1 1�;� � ,C'`••w•r� ��'^� '`f� ,�( -1�'- � �,`�� S ~ �- � ' `� I �•' )�,^ f ��1-(Hj y _'j.,1j��.Cr``y-r�t` j K 4 ,;--L Z�-; �*,�J,}, � - � ILI� 7\'�l�ar,.�•Jir �-1,�.f�`���it T'�(�=���`L,�(-`��) ���y�'\.��L v'��° , s �J r �.l Q � ,AN ,1 `) ✓J`ter "'� J,l`�,'C"� t .,; ;.,��/J'Y Y�I�l_ Y.rF �.t (1 ,6_s� �� /�11� t7��2�. f ' ',, /`(�``r�fJ`(t.- •Y�;�C„'���'�I,ll.;�.J l�� �/�}�,r�:'�xS ��L�Y! �1 �- ` Y� t`, '�"�r`',' '\,' ' _ `1 t �( `- .1 t ^_,r`��(, � Ij-�_ •c`�� '1-1 � n {i�l,v }_ 1, J;\.. ,� ( �� J . J• -. t �Y '`/� ���'�-�# 1' r i),.:3-V,,`J t�-\.,rt`.k. 1�1 fi�''��.�-�`�,'a I -.:y v Q r 2' ;� �`t' �C\.,�i • VLF r(��rr}1-••` �.�_7y.� -`/ f ',f�,\ -� AI I,�;�`, � �1 �.` .�y'-5.�,1,?'� � l�••,� � � .— Clllo�--Lf OR � � O �/•t),' `VAS r' '' 1 ��,* -t=/:�-'� ` r�r: `% - �/ '� t 1' i EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT (the "Agreement" ) is entered into as of , 1991, by and between PACIFIC COAST HOMES, a California corporation ( "PCH" ) and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "Agency" ) . R E C I T A L S A. The Agency owns or will acquire from the City of Huntington Beach (the "City" ) certain real property located within the City boundaries consisting of approximately two hundred eighty-one thousandths ( .281) acres of net usable land, exclusive of that portion of the parcel required to be dedicated for street and utility purposes, as more fully described in the "Legal Description of Agency Parcel" attached hereto as Exhibit "A-1" and incorporated herein (the "Agency Parcel" ) . The City acquired the Agency Parcel from The Huntington Beach Company, a corporation affiliated with PCH, on February 29, 1988. B. PCH owns certain real property located within the City boundaries consisting of approximately seven hundred seventy thousandths ( . 770) acres of net usable land, exclusive of that portion of the parcel required to be dedicated for public purposes, as more fully described in the "Legal Description of PCH Parcel" attached hereto as Exhibit "A-2" and incorporated herein (the "PCH Parcel" ) . The City has operated a parking lot on the PCH Parcel under a License and Option Agreement from PCH dated January 4, 1990. C. The Agency and PCH wish to exchange their respective parcels and to provide for the payment of "boot" by the Agency to PCH in the amount of the difference in the values of the two parcels. NOW, THEREFORE, the parties hereto agree as follows: 1. Terms of Exchange. 1. 1 Agreement to Exchange. On or before June 15, 1991 (the "Closing Date" ) , and provided neither party is in default hereunder, PCH shall convey the PCH Parcel to Agency, and Agency shall simultaneously convey the Agency Parcel to PCH. It is PCH' s intent that this transaction qualify as a simultaneous like-kind exchange under Section 1031 of the Internal Revenue Code of 1954, as amended. Accordingly, the Agency agrees to take such action as PCH may reasonably request to satisfy the requirements of Section 1031; provided, however, that Agency does not guarantee any tax result, and that each such action requested by PCH shall be at no out of pocket cost to the Agency, excluding the cost of personnel time or photostatic copies. 1.2 Exchange Values; Boot. The parties have obtained and examined an appraisal of the parcels from Mark W. Linnes dated October 25, 1989, a copy of which is attached hereto as Exhibit "B" and incorporated herein, and hereby agree on the basis of such appraisal and of further investigation by each party that the value of the PCH Parcel is Six Hundred Seventy-One Thousand Dollars ($671, 000) and the value of the Agency Parcel is Two Hundred Forty-Five Thousand Dollars ($245, 000) . The parties further agree that the Agency shall pay PCH "boot" in the amount of Four Hundred Twenty-Six Thousand Dollars ( $426,000) in addition to conveying the Agency Parcel to PCH, in exchange for PCH conveying the PCH Parcel to the Agency. 1 . 3 Payment of Boot. At the Close of Escrow, the Agency shall deliver to PCH a promissory note substantially in the form of Exhibit "C" attached hereto and incorporated herein (the "Note" ) in the amount of Four Hundred Twenty-Six Thousand Dollars ($426, 000) . The Note shall accrue simple interest at the rate of ten percent (10%) per annum. The Note shall be secured by a first deed of trust encumbering the PCH Parcel, substantially in the form of Exhibit "D" attached hereto and incorporated herein. The Agency shall make payments of principal and interest upon the Note on or before August 1 of each year during the term of the Note, beginning August 1, 1991 . The amount of each payment by the City upon the Note shall be equal to seventy-five percent (75%) of Agency' s allocation of "Tax Increment, " as herein defined, until the Note is paid in full. "Tax Increment" shall be defined as those allocations of ad valorem property taxes resulting from the increase in assessed valuation over the assessed valuation in the last fiscal year prior to the effective date of the redevelopment plan, which tax revenues are allocated and paid to the Agency pursuant to California Health and Safety Code Section 33670(b) from the Yorktown/Lake Redevelopment Area, in accordance with the redevelopment plan for such redevelopment area. The sum that the Agency is required to set aside for the purpose of low-to-moderate income housing pursuant to Health and Safety Code Section 33334.2 or a successor statute shall not be deemed to be Tax Increment for the purposes of this Section 1 . 3 . 2 . Escrow. 2 . 1 Escrow Holder. An escrow (the "Escrow" ) shall be opened with First American Title Company, 114 East Fifth Street, Santa Ana, California 92701 (the "Escrow Holder" ) within five (5) business days of the date this Agreement has been executed by both parties, by the deposit by PCH and Agency 05/16/91 3607u/2460/000 -2- r of a fully executed copy of this Agreement ( "Opening of Escrow" ) . 2 .2 Required Conditions of Closing. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for, provided that the following conditions are satisfied: (a) Title Insurance. Escrow Holder shall be able to issue the owner' s policies of title insurance in accordance with Section 4 hereof, each subject only to: (i ) Real property taxes and assessments not then delinquent; (ii ) Any notice of assessment or any general or special bonds and assessments for any assessment district, unless the conveying party is obligated to pay such assessments prior to the Closing Date; (iii) All conditions and exceptions and other matters affecting title as shown in the preliminary title reports to be delivered to Agency and PCH pursuant to this Agreement { subject to any such items to be modified and/or removed prior to the Closing Date as provided herein) ; (iv) Covenants, restrictions, reservations, and other matters set forth in the Quitclaim Deeds; and (v) Any exceptions resulting from Agency' s entry upon the PCH Parcel or otherwise created by Agency on the PCH Parcel; or by PCH' s entry upon the Agency Parcel or otherwise created by PCH on the Agency Parcel . (b) PCH Conditions. The following conditions, which are for the benefit of PCH, shall have been satisfied or waived in writing by PCH: (i ) The Agency shall have performed all obligations and delivered all documents required to be performed and delivered pursuant to .this Agreement; (ii ) The Quitclaim Deed conveying title to the Agency Parcel, substantially in the form of Exhibit "E-1" attached hereto incorporated herein, shall have been executed by the Agency and delivered into Escrow; and (iii ) No taking or threatened taking of the Agency Parcel and/or improvements thereon or any part thereof by eminent domain shall have occurred prior to the Closing Date. If, despite such a taking or threatened taking by eminent domain, the transaction herein provided is consummated by mutual agreement of PCH and the Agency, then the proceeds 05/16/91 3607u/2460/000 -3- thereof attributable to the Agency Parcel and/or the improvements thereon shall belong solely to PCH. (c) Agency Conditions. The following conditions, which are for the benefit of Agency, shall have been satisfied or waived in writing by Agency: ( i ) PCH shall have performed all obligations and delivered all documents required to be performed and delivered pursuant to this Agreement; (ii ) The Quitclaim Deed conveying title to the PCH Parcel, substantially in the form of, Exhibit "E-2" attached hereto and incorporated herein, shall have been executed by PCH and delivered into Escrow; and (iii ) No taking or threatened taking of the PCH Parcel and/or improvements thereon or any part thereof by eminent domain shall have occurred prior to the Closing Date. If, despite such a taking or threatened taking by eminent domain, the transaction herein provided is consummated by mutual agreement of PCH and the Agency, then the proceeds thereof attributable to the PCH Parcel and/or the improvements thereon shall belong solely to Agency. (d) Deposit of Funds and Documents. PCH and Agency shall have deposited into Escrow the funds and documents referred to or described in Section 3 . 1 hereof, and such additional documents as may be required of such party to enable the Escrow Holder to close the Escrow in accordance with this Agreement. (e) Correctness of Representations. Each representation and warranty made by the parties hereto shall be true and correct as of the Closing Date. Escrow Holder shall assume that this condition has been satisfied unless notified to the contrary in writing by either PCH or Agency prior to the Closing Date. 2 .3 Recording. Escrow Holder is authorized to record any instrument delivered through Escrow if necessary or proper for issuance of the Title Policies. The Close of Escrow shall conclusively constitute evidence that PCH and the Agency have fully performed their respective obligations hereunder (except those which by their terms are to be performed following the Closing Date) and PCH and Agency hereby agree to waive, effective as of the Closing Date, any claims, demands and/or causes of action against the other based upon the other' s failure to fully perform such obligations prior to the Closing Date, excepting obligations which (a) are by their terms to be performed following the Closing Date, (b) are created by separate agreement, and/or (c) the parties' obligations of indemnity under this Agreement. Escrow Holder shall instruct 05/16/91 3607u/2460/000 -4- the County Recorder of the County of Orange to return the Quitclaim Deed for the PCH Parcel to Agency and return the Quitclaim Deed for the Agency Parcel to PCH and shall further instruct the County Recorder to deliver a conformed copy of each original Grant Deed to the grantor of such instrument. 2 . 4 Prorations. Escrow Holder shall prorate, as of the Closing Date and based on a thirty (30) day month, all real property taxes and assessments which are a lien upon the PCH and Agency Parcels, if any. If such taxes and assessments encumber real property in addition to, and are not separately assessed against, the PCH or Agency Parcels, only the portion of such taxes and assessments ( land only) allocable to the PCH or Agency Parcels, on a per acre basis, shall be used for such proration, and in such event, PCH and the Agency hereby covenant (which covenant shall survive the Closing Date) to pay the real property taxes and assessments levied or assessed against the PCH or Agency Parcel for such fiscal tax year prior to delinquency. If the actual tax bill for the current tax year is not available by the Closing Date (or if a supplemental assessment based upon new construction or a change in ownership occurring prior to the Closing Date is received following the Conveyance Date) , PCH and the Agency shall re-prorate such taxes outside of escrow following the Conveyance Date after such tax statement (or supplemental assessment) becomes available. 2 .5 General Escrow Provisions. Upon their review and approval thereof, and so long as not inconsistent with anything contained herein, PCH and the Agency agree to incorporate into this Agreement the general escrow provisions normally used by Escrow Holder. If required by Escrow Holder, the parties agree to execute such reasonable supplementary instructions to Escrow Holder as are consistent with this Agreement. 2 . 6 Tax Liens. PCH agrees to deposit into Escrow prior to the Closing Date such funds which may be necessary to remove any lien or liens for property taxes which encumber the Agency Parcel, which property taxes were assessed or levied prior to the date the City acquired the Agency Parcel from the Huntington Beach Company. 3 . Conveyance of Parcels. 3 . 1 Consummation of Exchange. (a) Closing on Closing Date. On or before the Closing Date, in addition to the conditions contained in Paragraph 2 .2 herein, it is agreed that: (i) PCH shall deposit into Escrow the deed conveying to Agency the PCH Parcel; 05/16/91 3607u/2460/000 -5- (ii ) Agency shall deposit into Escrow the deed conveying to PCH the Agency Parcel; (iii) PCH and Agency shall deposit into Escrow a Non-Foreign Affidavit, on Escrow Holder' s standard form, executed pursuant to Internal Revenue Code Section 1445 for delivery to the other party; (iv) Agency shall deposit into Escrow the Note and Deed of Trust; (v) Both parties shall deposit in escrow such funds, instructions and documents as may be required to close the Escrow and record such deeds. (b) Closing Costs. Closing costs incurred in connection with the conveyance of the PCH Parcel to Agency shall be borne as follows: PCH shall bear the cost of title insurance for the PCH Parcel as provided in Section 4. 2 hereof and one-half of the escrow fees. Agency shall bear the cost of recording the Quitclaim Deed, the real estate transfer taxes and one-half of the Escrow fees. All other closing costs with respect to the PCH Parcel shall be borne by the parties in accordance with the prevailing practice in Orange County, California. Closing costs incurred in connection with the conveyance of the Agency Parcel to PCH shall be borne as follows: Agency shall bear the cost of title insurance for the Agency Parcel as provided in Section 4.2 hereof and one-half of the escrow fees. PCH shall bear the cost of recording the Quitclaim Deed, .the real estate transfer taxes and one-half of the Escrow fees. All other closing costs with respect to the Agency Parcel shall be borne by the parties in accordance with the prevailing practice in Orange County, California. Each party shall pay its portion of such costs directly to Escrow Holder. (c) Termination by Either Party. If Escrow for either or both parcels is not in a condition to close by the Closing Date, as the same may be extended, either party not then in default may elect to terminate this Agreement and the Escrow by giving notice of such termination to the other party and to Escrow Holder. In the event of such termination, neither party shall have any further obligations or liabilities hereunder. No such termination shall release either party then in default from liability for such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. 05/16/91 3607u/2460/000 -6- 3 .2 Possession. Possession of the PCH Parcel shall be given to Agency on the Closing Date, and possession of the Agency Parcel shall be given to PCH on the Closing Date. 4. Title Matters. 4. 1 Title Report. Each party shall promptly after the execution of this Agreement cause the delivery to the other party of a current preliminary title report (the "Title Reports" ) as to the Parcel owned by that party issued by First American Title Company (the "Title Company" ) and copies 'of all documents shown thereon as exceptions to title. Within ten ( 10) days after the receipt of its respective Title Report, each party shall approve or disapprove matters listed as exceptions to title on its respective Title Report. Failure to give notice of approval or disapproval shall be deemed disapproval of any item not approved. The owner of the affected parcel shall use its best efforts to remove the non-approved matters and exceptions and shall promptly provide the other party with satisfactory evidence of removal . If the non-approved matters or exceptions have not been removed by the Closing Date, the purchasing party may at its option ( i ) close the exchange of the Parcels and take title subject to the non-approved matters and exceptions which have not been removed, or ( ii ) terminate this Agreement in the manner set forth in Section 6 hereof, in which case the Agency and PCH shall each pay one-half of the title and Escrow fees. 4.2 Title Insurance. At the Closing Date, the Agency shall cause the Title Company to deliver to PCH a California Land Title Association ( "CLTA" ) owner' s coverage policy of title insurance insuring that title to the Agency Parcel is vested in PCH, with liability equal to Two Hundred Forty-Five Thousand Dollars ($245, 000) , and PCH shall cause the Title Company to deliver to the Agency a CLTA owner' s coverage policy of title insurance insuring that title to the PCH Parcel is vested in the Agency, with liability equal to Six Hundred Seventy-One Thousand Dollars ($671, 000) . Such policies (the "Title Policies" ) shall be subject to the approved title exceptions. 4. 3 Additional Coverage. If either party desires an American Land Title Association ( "ALTA" ) policy of title insurance or endorsements to the Title Policy, that party shall be responsible for the additional costs beyond the cost of a CLTA policy. 5 . Representations and Warranties. 5 . 1 Representations and Warranties by PCH. PCH hereby makes the following representations and warranties to Agency with respect to the PCH Parcel, which representations and warranties shall survive the conveyance and delivery of the 05/16/91 3607u/2460/00O -7- PCH Parcel quitclaim deed and each of which, unless otherwise noted herein, ( a) is material and reasonably relied upon by Agency and (b) is true in all respects as of the date of this Agreement and shall be true on the Closing Date: ( a) PCH is the owner of the PCH Parcel and/or has the full right, power and authority to transfer the PCH Parcel to the Agency as provided herein and to perform all of PCH' s obligations hereunder. (b) To the best of PCH' s knowledge, there are no unsatisfied mechanic ' s or materialman' s lien rights concerning the PCH Parcel . (c) To the best of PCH' s knowledge, no actions, suits, or proceedings are pending or threatened before any governmental department, commission, board, bureau, agency or instrumentality that would adversely affect the PCH Parcel or the right to occupy or utilize it. (d) PCH is not the subject of a bankruptcy proceeding. (e) PCH has not received notice of, and has no actual knowledge of, any pending or threatened condemnation of all or any part of the PCH Parcel. 5 .2 Oil Well On PCH Parcel . The Agency acknowledges the presence of the "Miley-Keck #28" oil well on the PCH Parcel . The Agency understands that the Miley-Keck #28 oil well has been abandoned, that such abandonment was approved by the California Department of Oil and Gas at the time of abandonment, but that such abandonment does not meet the current abandonment standards of the California Department of Oil and Gas and that the oil well would need to be reabandoned if a structure were constructed on the PCH Parcel in the future. The Agency agrees to assume all responsibility and expense for any abandonment of the Miley-Keck #28 oil well which may be required in the future . The Agency has also examined the results of an investigation of the soil surrounding the Miley-Keck #28 oil well by the City Fire Department dated December 19, 1990, which is attached hereto as Exhibit "F" and incorporated herein. The Fire Department investigation conducted five test borings and found no methane gas in any of the samples. Agency acknowledges that (a) Agency has made use of the PCH Parcel for parking purposes and has made its own investigation of the physical, environmental and legal condition of the PCH Parcel and has approved the same and (b) except as provided in Section 5 . 1 above, Agency is not relying upon any representations and warranties of PCH or anyone acting or claiming to act on PCH' s behalf concerning the PCH Parcel. 05/16/91 3607u/2460/000 -8- Agency expressly understands and agrees that except as provided in Section 5 . 1 above, Agency shall purchase the PCH Parcel in an "AS IS" condition on the Closing Date. Except as provided in Section 5. 1 above, PCH disclaims the making of any representations or warranties, express or implied, regarding the PCH Parcel or matters affecting the PCH Parcel, including, without limitation, the physical condition of the PCH Parcel . Agency, for itself and its officers, employees, agents, representatives, successors and assigns, hereby releases and forever discharges PCH, its agents, employees, officers and directors, affiliates, representatives, successors and assigns, from any and all rights, claims and demands at law or in equity, whether known or unknown at the time of this Agreement, which Agency has or may have in the future, arising out of the physical, environmental or legal condition of the PCH Parcel. Agency hereby specifically waives the provisions of Section 1542 of the California Civil ( "Section 1542" ) and any similar law of any other state, territory or jurisdiction. Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Agency hereby specifically acknowledges that Agency has carefully reviewed this provision and discussed its meaning with legal counsel and acknowledges that its provisions are a material part of this Agreement. Agency Initials: 5 .3 Representations and Warranties by Agency. Agency hereby makes the following representations and warranties to PCH with respect to the Agency Parcel, which representations and warranties shall survive the conveyance and delivery of the Agency Parcel quitclaim deed and each of which, unless otherwise noted herein, (a) is material and reasonably relied upon by PCH and (b) is true in all respects as of the date of this Agreement and shall be true on the Closing Date: ( a) Agency is the owner of the Agency Parcel and/or has the full right, power and authority to transfer the Agency Parcel to PCH as provided herein and to perform all of Agency' s obligations hereunder. (b) To the best of Agency' s knowledge, there are no unsatisfied mechanic ' s or materialman' s lien rights concerning the Agency Parcel. 05/16/91 3607u/2460/000 -9- (c) To the best of Agency' s knowledge, no actions, suits, or proceedings are pending or threatened before any governmental department, commission, board, bureau, agency or instrumentality that would adversely affect the Agency Parcel or the right to occupy or utilize it. (d) Agency is not the subject of a bankruptcy proceeding. (e) Agency has not received notice of, and has no actual knowledge of, any pending or threatened condemnation of all or any part of the Agency Parcel . 5 .4 Environmental Condition of Agency Parcel . PCH acknowledges that (a) The Huntington Beach Company, an affiliate of PCH, is the former owner of the Agency Parcel and, accordingly, PCH has made its own investigation of the physical, environmental and legal condition of the Agency Parcel and has approved the same and (b) except as provided in - Section 5 . 3 above, PCH is not relying upon any representations and warranties of Agency or anyone acting or claiming to act on Agency' s behalf concerning the Agency Parcel . PCH expressly understands and agrees that, except as provided in Section 5 . 3 above, PCH shall purchase the Agency Parcel in an "AS IS" condition on the Closing Date. Except as provided in Section 5 . 3 above, Agency disclaims the making of any representations or warranties, express or implied, regarding the Agency Parcel or matters affecting the Agency Parcel, including, without limitation, the physical condition of the Agency Parcel . PCH, for itself and its agents, partners, affiliates, successors and assigns, hereby releases and forever discharges the Agency, its agents, employees, officers, representatives, successors and assigns, from any and all rights, claims and demands at law or in equity, whether known or unknown at the time of this Agreement, which PCH has or may have in the future, arising out of the physical, environmental or legal condition of the Agency Parcel . PCH hereby specifically waives the provisions of Section 1542 of the California Civil ( "Section 1542" ) and any similar law of any other state, territory or jurisdiction. Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. PCH hereby specifically acknowledges that PCH has carefully reviewed this provision and discussed its import with legal 05/16/91 3607u/2460/000 -10- • counsel and acknowledges that its provisions are a material part of this Ag eement. PCH Initials: 5. 5 Su vival of Representations and Warranties. Each party will promptly notify the other of any fact or circumstance which becomes actually known to such party prior to the Closing Date which renders untrue any representation made by such party in this Section 5. The representations and warranties of the respective parties. hereto and any cause of action based on an alleged breach thereof shall survive the Closing Date and the transfer of title for a period of one (1) year from and after the Closing Date. 5. 6 Delivery of Documents. PCH agrees to deliver to Agency all proprietary plans, surveys, studies, reports and engineering data PCH has commissioned and/or has in its possession relating to the PCH Parcel; provided, however, (i) that PCH makes no representation or warranty whatsoever regarding the completeness or accuracy of such information, and (ii) the Agency shall maintain such information in a confidential manner, shall make no copies thereof and shall not disclose such information to third parties, excepting consultants hired by Agency who have been informed of the disclaimer by PCH set forth above and who have agreed in writing to maintain the confidentiality of such information. Upon any expiration or termination of this Agreement, the Agency shall return to PCH all plans, surveys, studies, reports _ and engineering data that PCH has delivered to Agency, within five (5) days of its receipt of a written notice from PCH to do SO. 6. Termination Rights. 6. 1 Termination by Agency. If Agency terminates this Agreement as permitted herein, then PCH shall have no further right, title or interest whatsoever in or to the Agency Parcel, and at the request of Agency, shall execute and deliver to Escrow Holder, with instructions to deliver to Agency, a quitclaim deed (in the form and substance of Attachment "G-1" attached hereto and made a part hereof) releasing all of PCH' s right, title and interest in and to the Agency Parcel, and neither party shall have any further right against or duty to the other party under this Agreement, except as above stated. 6.2 Termination by PCH. If PCH terminates this Agreement as .provided herein, the Agency shall have no further right, title or interest whatsoever in or to the PCH Parcel, and at the request of PCH, shall execute and deliver to Escrow Holder, with instructions to deliver to PCH, a quitclaim deed 05/16/91 3607u/2460/000 -11- (in the form and substance of Attachment "G-2" attached hereto and made a part hereof) releasing all of the Agency' s right, title and interest in and to the PCH Parcel, and neither party shall have any further right against or duty to the other party under this Agreement, except as above stated. 7 . Leases. The City has entered a license agreement with PCH by which the City is authorized to maintain and operate a parking lot on the PCH Parcel for the use of visitors and employees of the Huntington Beach Civic Center. Such lease shall remain in full force and effect until the Closing Date, at which time it shall be automatically terminated and of no further force or effect. Neither Agency nor PCH will enter any new leases nor modify any existing leases concerning either the PCH Parcel or Agency Parcel from the date of this Agreement until the Closing Date, without the other party' s written approval, which approval shall not be unreasonably withheld. 8. Miscellaneous Provisions. 8. 1 Governmental Submissions. PCH shall have the right to submit and process general and specific plans, tentative tract maps and other land use documentation relating to proposed development of the Agency Parcel with appropriate governmental agencies. Agency, at no cost or obligation to itself, hereby agrees to execute as necessary any and all documents required to accomplish the foregoing; provided, however, that Agency shall be under no special obligation to process or approve land use applications made to the Agency with respect to the Agency Parcel . 8.2 Assignability of Agreement. Either party may assign this Agreement and its rights hereunder with the prior written consent of the other party, which consent will not be unreasonably withheld; provided, however, such prior consent shall not be required if PCH assigns this Agreement to an affiliate of PCH, or to a partnership of which PCH, or an affiliate of PCH, is a general partner. As used herein, "affiliate" shall mean any corporation in which PCH or the Chevron Corporation owns, directly or indirectly, more than fifty percent (50%) of the shares entitled to vote at a general election of directors or a general partnership in which PCH holds at least fifty percent (50%) of the general partnership interest. 8.3 Brokers. Each party represents and warrants to the other that it has not used any finder, broker or real estate agent in connection with this transaction, and agrees that it shall indemnify and hold the other harmless from and against all brokerage commissions or finder' s fees and claims therefor, payable in connection with the disposition of the Parcels and resulting from the acts or omissions of such indemnifying party. 05/16/91 3607u/2460/000 -12- 8. 4 Notices. All notices and other communications required or permitted to be given or delivered hereunder shall be in writing and shall be delivered personally or sent by first class mail, registered or certified, postage prepaid, and return receipt requested. Notices shall be deemed received on the earlier of ( a) actual receipt, if personally delivered to the addressee, or to a partner or an officer of the addressee if the addressee is a partnership or corporation, or (b) forty-eight (48) hours following deposit in the United States mail. Notices shall be addressed as appears below for the respective parties, provided that if any party -gives notice as provided herein of a change of name or address, notices to such party thereafter shall be given as specified in that notice: If to PCH: PACIFIC COAST HOMES 2120 Main Street, Suite 260 Huntington Beach, CA 92648 Attn: Legal Counsel If to Agency: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attn: City Attorney 8. 6 Covenants of Good Faith and Best Efforts. In consideration of the mutual promises of the parties hereto, and of the execution of this Agreement by the parties, each party hereby agrees in good faith to utilize its best efforts in connection with the performance of all obligations hereunder, and in connection with the taking of any and all actions necessary with respect to any investigation, review, or other procedure required in order to enable such party to grant or withhold its consent or approval as provided for herein, it being the intention of each party that such covenant of good faith and utilization of best efforts shall be deemed sufficient and valid consideration for the promises of each party hereunder. Absent an express statement to the contrary, wherever any consent or approval of a party is required hereunder, such party shall not withhold such consent or approval unreasonably, it being understood that the standard of reasonableness shall be determined with reference to the standard of a reasonably prudent investor having experience and sophistication in the purchase of property of the type covered by this Agreement. 8. 7 Approvals. Each party shall notify the other party in writing of its approval or disapproval of any item 05/16/91 3607u/2460/000 -13- provided to that party for its approval under this Agreement within ten ( 10) business days of its receipt of such item (or within any longer or shorter period for approval specifically provided for in this Agreement for any particular item) and any such notice of disapproval shall specify the reasons for disapproval and, to the extent applicable, any modifications or changes required for that party' s approval. A party' s failure to expressly so approve or disapprove of any such item within the required time period shall conclusively constitute that Party' s disapproval of such item. Further, each party agrees to execute such other and further instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 8. 8 Modification. No amendments or modifications to this Agreement shall be valid or binding unless in writing and executed by all parties to this Agreement. 8. 9 Authority. The persons signing this Agreement represent and warrant that they are authorized to execute and deliver this Agreement and that this Agreement will thereby become binding on the party for whom such person has signed. 8. 10 Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. 8. 11 No Waiver. The waiver by either party of the performance of any covenant, condition or promise, including the time for performance thereof, shall not invalidate this Agreement nor shall it be considered a waiver of any other covenant, condition or promise. The exercise of any remedy provided by law or by the provisions in this Agreement, including the time for performance thereof, shall not invalidate this Agreement and shall not exclude any other remedy, unless it is expressly excluded. 8. 12 Severability. Invalidation of any one of the terms and/or provisions of this Agreement by any judgment or court order shall in no way affect any of the other terms and/or provisions of this Agreement, which shall remain in full force and effect. 8. 13 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. 14 Counterparts. This Agreement and any documents required to be executed by the parties hereunder may be executed in several counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. 05/16/91 3607u/2460/000 -14- 8. 15 Survival . Notwithstanding the granting of a deed from PCH to Agency for the PCH Parcel, and from the Agency to PCH for the Agency Parcel, all covenants herein which by their terms remain executory and all conditions herein which by their terms may not be satisfied and have not been excused as of the conveyance of the applicable Parcel shall survive the conveyance of that Parcel. 8. 16 Binding Effect. This Agreement shall be binding on and inure to the benefit of the respective successors and assigns of the parties hereto. 8. 17 Conflicts of Interest. Conflicts of interest relating to this Agreement are strictly prohibited. Except as otherwise expressly provided herein, neither Agency nor any officer, employee or agent of Agency shall give to or receive from any officer, director, employee or agent of PCH any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Likewise, neither Agency nor any officer, employee or agent of Agency shall enter into any business relationship with any director, employee or agent of PCH (or of any affiliate of PCH) , unless such person is acting for and on behalf of PCH, without prior written notification thereof to PCH. 8. 18 Time. Time is of the essence of this Agreement; provided, however, that if the date on which any action is required to be taken hereunder falls on a Saturday, Sunday or holiday, such action shall be taken on the next business day following such date. If the Closing Date or any other date on which Escrow Holder is required to take action hereunder falls on a day on which Escrow Holder is not open for business, such action shall be taken on the next business day on which it is open for business. 8. 19 Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. PACIFIC CO S OMES, a California corp io Dated: 7 Q/ _ By: Its 05/16/91 3607u/2460/000 -15- Dated: ! Y By: Its: "PCH" REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic Dated: By: Agency Chairman Dated: By: Agency Executive Director "AGENCY" ATTEST: Agency Secretary APPROVED AS TO FORM: City Attorney GG S- /� Qnv /1�t Str ling, c a, Carlson & Rauth Age 4 y Speci Counsel 05/16/91 3607u/2460/000 -16- EXHIBIT A-1 LEGAL DESCRIPTION (Agency Parcel ) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 11 WEST, S.B.B. & M, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF TRACT NO. 7656 AS SAID TRACT IS SHOWN ON A MAP RECORDED IN BOOK 295, PAGES 28 THROUGH 31 OF SAID MISCELLANEOUS MAPS, SAID CORNER BEING ALSO THE CENTERLINE INTERSECTION OF GOLDENWEST STREET AND CLAY AVENUE AS SHOWN ON SAID MAP OF TRACT NO. 7656; THENCE ALONG SAID CENTERLINE OF GOLDENWEST STREET NORTH 0 DEGREES 17 ' 20" EAST 103 . 92 FEET; THENCE LEAVING SAID CENTERLINE NORTH 89 DEGREES 42 ' 40" WEST 37 .00 FEET; THENCE SOUTH 20 DEGREES 00' 43" WEST 46. 80 FEET; THENCE SOUTH 88 DEGREES 17 ' 35" WEST 7 . 00 FEET TO THE INTERSECTION OF THE WESTERLY AND SOUTHERLY LINES OF THE 15 FOOT WIDE STRIP OF LAND DESCRIBED AS PARCEL "G" IN THAT CERTAIN RIGHT OF WAY AND EASEMENT AGREEMENT BETWEEN HUNTINGTON BEACH COMPANY AND STANDARD OIL COMPANY OF CALIFORNIA AS RECORDED DECEMBER 28, 1971 IN BOOK 9943 , PAGE 221 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHERLY LINE OF SAID PARCEL "G" SOUTH 88 DEGREES 17 ' 35" WEST 181. 50 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 56 DEGREES 04' 34" WEST 31.20 FEET; THENCE SOUTH 0 DEGREES 55 ' 16" EAST 118. 65 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID TRACT NO. 7656, SAID BOUNDARY BEING ALSO THE CENTERLINE OF SAID CLAY AVENUE WHICH CENTERLINE IS A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS -OF 800. 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 DEGREES 53 ' 49" AN ARC LENGTH OF 96. 30 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCADE SOUTHEASTERLY AND HAVING A RADIUS OF 800. 00 FEET; THENCE NORTHEASTERLY ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 59' 29" AN ARC LENGTH OF 181 . 39 FEET TO THE POINT OF BEGINNING, A RADIAL PASSING THROUGH LAST SAID POINT BEARS NORTH 9 DEGREES 33 ' 22" WEST. 05/16/91 EXHIBIT A-1 3607u/2460/000 Page 1 of 1 EXHIBIT A-2 LEGAL DESCRIPTION (PCH Parcel) THOSE PORTIONS OF LOTS 13 AND 14 OF BLOCK 1901 OF TRACT NO. 12 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 9, PAGE 13 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDING AND INCLUSIVE OF PORTIONS OF SEVENTEENTH STREET AS SHOWN ON SAID MAP AND AS VACATED IN THAT CERTAIN RESOLUTION NO. 5989 OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, A CERTIFIED COPY OF WHICH RECORDED AS INSTRUMENT NO. 89-137620 OF OFFICIAL RECORDS OF ORANGE COUNTY, AND PORTIONS OF LAKE AVENUE AND PARK STREET AS SHOWN ON THE MAP TRACT NO. 13569, RECORDED IN BOOK 652, PAGES 28 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF LAKE AVENUE, 90. 00 FEET IN WIDTH, AND SEVENTEENTH STREET, 70.00 FEET IN WIDTH, AS SHOWN ON SAID MAP OF TRACT NO. 13569; THENCE SOUTH 00 DEGREES 19' 06" WEST 207 . 32 FEET ALONG SAID CENTERLINE OF LAKE AVENUE TO THE CENTERLINE INTERSECTION OF PARK STREET, 52 .00 FEET IN WIDTH, AS SHOWN ON THE MAP OF SAID TRACT NO. 13569; THENCE NORTH 89 DEGREES 40' 54" WEST 237. 70 FEET ALONG SAID CENTERLINE OF PARK STREET; THENCE NORTH 00 DEGREES . 19 ' 06" EAST 155 .89 FEET TO THE CENTERLINE OF SAID SEVENTEENTH STREET; THENCE NORTH 41 DEGREES 38' 23" EAST 68.48 FEET ALONG SAID CENTERLINE TO AN ANGLE POINT IN SAID SEVENTEENTH STREET; THENCE CONTINUING ALONG SAID CENTERLINE OF SEVENTEENTH STREET SOUTH 89 DEGREES 40' 54" EAST 192 . 48 FEET TO THE POINT OF BEGINNING. 05/16/91 EXHIBIT A-2 3607u/2460/000 Page 1 of 1 EXHIBIT B APPRAISAL MARK W. LINNES MEMBER AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS 9919 50LEJAR DRIVE WHITTIER, CALIFORNIA 90603 (4 1 3) 691-6455 October 25 , 1989 Mr. Dan Brennan Real Property Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Real Estate Appraisal A. P. #023-040-7 & 8 ; 110-200-30 Dear- Mr. Brennan: As requested by Mr. Paul Larkin, Real Property Analyst, I have completed a valuation study for the above properties . Based on my investigations and studies, the fair market value of the properties sought, as of October 25 , 1989 , is : APN #023-'040-7 & 8 : $671 , 000 APN #110-200-30 : $245 , 000 On the following pages will be found a summary of the facts developed, and analysis and conclusions , which are the basis of the opinions expressed. Also included are the Certification and the Contingent and Limiting Conditions of this report. In my files are retained a report copy, worksheets , field notes , maps and other data upon which my conclusions are partially based. Thank you for this opportunity to provide appraisal services . Respectfully submitt , Mark W. Linnes , MAI MWL: rk 05/16/91 EXHIBIT B 3607u/2460/000 Page 1 of 1 c EXHIBIT C PROMISSORY NOTE $426, 000 Huntington Beach, California FOR VALUE RECEIVED, the undersigned ( "Maker" ) promises to pay to PACIFIC COAST HOMES, a California corporation. ( "Holder" ) at 2120 Main Street, Suite 260, Huntington Beach, California 92648, or at such other address as Holder may direct from time to time in writing the sum of Four Hundred Twenty-Six Thousand Dollars ($426,000) (the "Note Amount" ) together with interest thereon at the rate set forth herein. All sums payable hereunder shall be payable in lawful money of the United States of America. 1 . Interest Rate. Simple interest shall accrue on the Note Amount at the rate of Ten percent ( 10%) per annum. 2 . Payment Amount. The amount of each payment pursuant to this Promissory Note shall be equal to seventy-five percent (75%) of the prior fiscal year' s allocation to the Maker of ad valorem property taxes resulting from the increase in assessed valuation over the assessed valuation in the last fiscal year prior to the effective date of the redevelopment plan, which tax revenues are allocated and paid to the Maker pursuant to California Health and Safety Code Section 33670(b) from the Yorktown/Lake Redevelopment Area in accordance with the redevelopment plan for such redevelopment area (the "Tax Increment" ) . The sum that the Maker is required to set aside for the purpose of low- and moderate-income housing pursuant to California Health and Safety Code Section 33334.2 or a successor statute shall not be included as Tax Increment for purposes of determining the payments pursuant to this Paragraph 2 . 3 . Time of Payments. The Maker shall make payments in the amount set forth in Paragraph 2 herein on or before August 1 of each year during the term of this Promissory Note, beginning August 1, 1991. 4. Maturity Date. The balance of all unpaid principal and accrued interest shall be finally due and payable on August 1, 1999, if not paid sooner. 05/16/91 EXHIBIT C 3607u/2460/000 Page 1 of 3 S. Security for Note. This Promissory Note shall be secured by a first deed of trust encumbering the PCH Parcel (the "Deed of Trust" ) , executed by Maker as Trustor in favor of Holder as Trustee. 6. Prepayment of Note Amount. Maker may prepay to Holder the full Note Amount, together with all accrued and unpaid interest thereon at a rate of ten percent ( 10%) per annum, at any time prior to the .due date of the Note Amount. 7. Application of Payments. Each payment hereunder shall be credited first upon interest then accrued and the remainder, if any, upon principal. Interest shall cease to accrue upon principal so credited. 8. Holder May Assign. Holder may, at its option, assign its right to receive payment under this Promissory Note without necessity of obtaining the consent of the Maker. 9 . Maker Assignment Prohibited. In no event shall Maker assign or transfer any portion of this Note without the prior express written consent of the Holder, which consent may be given or withheld in the Holder' s sole discretion. 10. Attorneys' Fees and Costs. In the event that any action is instituted with respect to this Promissory Note, the prevailing party promises to pay such sums as a court may fix for court costs and reasonable attorneys' fees. 11. Non-Waiver. Failure or delay in giving any notice required hereunder shall not constitute a waiver of any default or late payment, nor shall it change the time for any default or payment. 05/16/91 EXHIBIT C 3607u/2460/000 Page 2 of 3 12 . Successors Bound. This Promissory Note shall be binding upon the parties hereto and their respective heirs, successors and assigns. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic Dated: By: Agency Chairman Dated: By: Agency Executive Director "MAKER" ATTEST: Agency Secretary APPROVED AS TO FORM: City Attorney Stradling, Yocca, Carlson & Rauth Agency Special Counsel 05/16/91 EXHIBIT C 3607u/2460/000 Page 3 of 3 Aud oraad to Publish AdverdsamWits of al kinds induding pubtia notices by Dame of the Superior cowl of orange Catsq.Caiion*6 Number MM4 Sapmmbw 2% 1961.and A-24891 June 11.1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the PUBLIC NOTICE i NOTICE OF age of eighteen years, and not a party to or JOINT PUBLIC interested in the below entitled matter. I am a HEARING OF THE COUprincipai cirri; rf ui o OFLAi'vGE COAST DAILy R CITYVELOP EDEDEVELOPMEENN T AGENCY PILOT, a newspaper of general circulation, EXCHANGE AGREEMENT BY printed and published in the City of Costa Mesa, AND BETWEEN THE ^_ State of Callfomi and that REDEVELOPMENT County � Orange, a, AGENCY OF THE attached Notice is a two and com lete co CITY OF P py as HUNTINGTON BEACH was printed and published in the Costa Mesa. AND PACIFIC COAST HOMES Newport Beach, Huntington Beach, Fountain I On Monday, June 3, at 7:00 P.M., or as soon Valley, Irvine, the South Coast communities and thereafter as the matter: Y i may be heard, in the City La una Beach issues of said newspaper to wit t council Chambers, Hun- g �� ; tington Beach City Hall lo-; the I$SUe(S) of. cated at 2000 Main Street,, Huntington Beach, Califor- t nia, the City Council of the. City of Huntington Beach and the Redevelopment, May 19, 26, 1991 ) Agency ("Agency") of the. City of Huntington Beach,.' will hold a joint public hear- ing to consider an Ex- change of Real Property, 'i Agreement to be enteredl into between the Redevel- opment Agency of the City of Huntington Beach and Pacific Coast Homes, ex- changing property located at the northwest corner of. Clay Avenue and Golden- west Street and property located within the Yorktown-Lake Redevel- opment Project Area on the west side of Lake Street between Yorktown Avenue and Park Street, (Legal De- scription on file in the City Clerk's office.) The pro- posed Agreement and fi- nancial report required by California Health & Safety Code Section 33433 are available for public inspec- declare, under penalty of perjury, that the tion at the office of the City Clerk at 2000 Main Street,. foregoing is true and correct. Huntington Beach, Califor- nia. Further information concerning this matter may also be obtained by con- May 26 �Sg1 tacting Dan M.Brennan,Di EXeCLlted On rector Real Estate Services,I at Costa Mesa. Califomis. at(714)536-5544. By: Connie, Brockway,j City Clerk/Redevel- opment Agency Clerk, City of Huntington, Beach Signature Published Orange Coast Daily Pilot May 19, 26, 1991 Su234 Apr °`� • PROOF OF PUBLICATION Authorized to Push Advar isomwns cd al kinds including publia rlotkes by Dame d the duparios Court of Orange Canal.CaCiontils.Number M04,3apmmber 29. 1961.and A,24MI June 11. 19W STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a PUBLIC NOTICE resident of the County aforesaid; I am over the NOTICE OF JOINT age of eighteen years, and not a party to or PUBLIC HEARING interested in the below entitled matter. I am a OF THE _ CITY COUNCIL/ pn t1 ncipai Clerk of the-VI' N 3C COAS T CA;LY REDEVELOPMENT AGENCY PILOT, a newspaper of general circulation, EXCHANGE AGREEMENT BY printed and published in the City of Costa Mesa, AND BETWEEN THE County of Orange, State of California, and that AGENCY OFT ET attached Notice is a true and corn lete co as CITY of P PY HUNTINGTON BEACH was printed and published in the Costa Mesa, CAND OAST PACIFIC OMES Newport Beach, Huntington Beach Fountain On Monday, June 3, at 7:00 P.M., or as soon Valle Irvine. the South Coast communities and thereafter as the matter y, may be heard, in the City Council Chambers, Hun- Laguna Beach issues of said newspaper to wit tington Beach City Hall lo- cated at 2000 Main Street, the issue(s) of. Huntington Beach, Califor- nia, the City Council of the City of Huntington Beach and the Redevelopment May 19 26 1991 Agency ("Agency") of the City of Huntington Beach, will hold a joint public hear- ing to consider an Ex- change of Real Property Agreement to be entered into between the Redevel- opment Agency of the City of Huntington Beach and Pacific Coast Homes, ex- changing property located at the northwest corner of Clay Avenue and Golden- west Street and property located within the Yorktown Lake Redevel- opment Project Area on the west side of Lake Street between Yorktown Avenue and Park Street, (Legal De- scription on file in the City Clerk's office.) The pro- posed Agreement and fi- nancial report required by California Health & Safety Code Section 33433 are available for public inspec- declare, under penalty ofperjury, that the tion at the office of the City P tY Clerk at 2000 Main Street, foregoing is true and correct Huntington Beach, Caltio nia. Further informationn concerning this matter may C,, also be obtained by con- May an May 26 1Sg1 tacting Dan M.Brennan,Di- rector Real Estate Services, at Costa Mesa By: , Califomia. at 536 Connie e B Brrockway, City Clerk/Redevol- iopment Clerk, City City of Huntington, Beach Signature Published Orange Coast Daily Pilot May 19, 26, 11991 Su234 PROOF OF PUBLICATION PUS LIC fOTICE PUBLIC NOTICE PUBLIC NOTICE _ PUBLIC NOTICE I PUBLIC NOTICE I PUBLIC NOTICE NOTICES OF PUBLIC HEARING GENERAL PLAN COIIFORMANCE NO. 91-3 - APPEAL OF THE PLANNING COMMISSION' S DENIAL (General Plan Conformance No. 91-3) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, June 17, 1991, 7:00 PM APPLICATION NUMBER: General Plan Conformance No. 91-3 (Appeal of the Planning Commission' s Denial) APPLICANT: - City of Huntington Beach APPELLANT: Councilman Don MacAllister LOCATION: Northwest corner of Clay and Goldenwest (see attached map) NE: R1 (Single Family Residential) REOUEST: Determination that the disposition of a 12,240 square foot parcel is in conformance with the General Plan. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15312 of the California Environmental Quality Act . COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 12, 1991. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Hal Simmons, Senior Planner at 536-5271. Connie Brockway City Clerk CITY OF HUNTINGTON BEACH AVENUE I ,GARFIELD I L I l I - RA-0 Rx CI 8 - R2 ��... � RA-01-CD CI—O MI '= RA-o M2-01 MI R2 `��r MI-A Q t O RA- •,R2 R2 MI•A-( a' R2 * R2 2-01-CD ." . Rz Ri M At aa,..•.,,.- R4-01' Rom. R @�0 2 01 R2`. 2 ,,..�. r.,..n..r RI -CO ai•, •I ... :... C2 0 RI RI CD -.... . Y I i u..;• yy. i..-o:,.,n; _ jW R'r _ ROS-� RI R2-O-PD •u•R2-O }g Rd RI RI :...:a '40.'- ..u• ..�'�:.`a '¢'�`¢ii e y{ e of s C2 0 CD rw .--..; :. RV .. RI y 1; , :ae.�...... a+u _R2'0•PD :;.:: R2.0 R1 R1 1" RI /§ RI R1. .vri' V OP-0-CD :R2 o-Po- c:, o a >, R4-01 R1 RI/ [[[ • • ut co R2-0-CD• R1' / `QG• 3 `•Iisl•c ./RI CF—C CF-E CD Rz-o-co rly�c'n.u...rne:.t.`'•',._Jti _.�` / g n,: n: _—,., u_c I /.'7 1 I II III General Plan Conformance 91-3 J' Ie Ica • HUNTINGTOW BEACH HUNTINGTON BEACH PLANNING DIVISION A d raad to Publah Adjwftmwft d d kinds inciuft pubiia rw*ns by Owes d the 9uperio!Coo of Chmp Carr"L Cafidan*6 Number/M M4.Saptambor 2% 1961,and . A,?M1 Junin 11,19® STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid: l am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal dark of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of Califomia, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: June 6, 1991 I declare, under penalty of perjury, that the foregoing is true and correct. June 6, Executed on , 199- at Costa Mesa. California. Signature l PROOF OF PUSUCATiON NOTICE OF PUBLIC HEARING GENERAL PLAN CONFORMANCE NO. 91-3 - APPEAL OF THE PLANNING COMMISSION' S DENIAL (General Plan Conformance No. 91-3) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, June 17, 1991, 7:00 PM APPLICATION NUMBER: General Plan Conformance No . 91-3 (Appeal of the Planning Commission' s Denial) APPLICANT: City of Huntington Beach APPELLANT: Councilman Don MacAllister LOCATION: Northwest corner of Clay and Goldenwest (see attached map) ZONE: R1 (Single Family Residential) REOUEST: Determination that the disposition of a 12,240 square foot parcel is in conformance with the General Plan. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15312 of the California Environmental Quality Act. COASTAL STATUS: Not -applicable ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 12, 1991. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Hal Simmons, Senior Planner at 536-5271. tS Connie Brockway City Clerk (9853d-1) rr r AVENUE ..... .. IIIGARFIELD r 00 30, RA-O 8 CI R2 fb w IHM '`•l RA-0 I-CD �, MI 1 .0 CI-0 o RA-0 MI R2 '- R MI-A - M2 0I o Q RA-0? R2 y{R2 MI A'C ^: c,,'�•�r•"�9 '... •. �'0 I -CD M1 R2 R2 ' . ...•... .R4-ot'a �. ¢ ?� R'-'6 olRz of M ... z RI I '-1 l • CL AY _14 .� C2-0 RI . ' 2 y A Ine:.r:R;1>( i u. ;4. • A.o;• a• ROS-� ' F R2-0-PD r a•{`Q• ir.°r�• ....re•, S u ilt RI RI F N.1.o ,�..i: R2-0 • Ra 01' = B RI RI- C2-0-CD ¢:... . y . cA' fO C2-0 - •'% :1 ?e°.i`'; r..'...:....,:,,, • •..vt,1 : RI 3 •f.. .'t��..eo-.(...._, aro -R2-0•PD: i RID QQ LlL2 1 ez.. M I% ?` 1 •...M• J pit - .• i. _RI• "A RI RI', .,I�. :C.'s:-- ( tillfi° •,rpy .yWty; w -SOU : R2-O-CO _ - *I 0 CD .R • A ,b C2 0 r� N S-0 RI zi o ar ct.co i ::.r t.� '.,m.. ,.•ur. �RI }° , T_ rortnv"'r ,..•,n.•t .,,. r I .l. A-0 '—a•._..e•.er-t. ( 4 ul s waco. I R2-0-CD �. 4� 3 wl�{•sr. Ra-o �„ R/�RI ,Z C F—C .. w i ,.�' �, ..�`'► :Y o CF-E-CD :,: f R2-0-CD ROS-0 �: �v, ••1a- 111111��II ....rl�^'— ��s•.5,�--,tt.C� �L•- -• / �.rt6. •: {—u�l�r.i.'( 1•:;u a:..::�;rl l CD j 0 General Plan Conformance 91 -3 J� HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION ' 05%16 '91 � 15: 9 _ SEEV II D� 002 � FROM:CTY OF HB/PU2CHA51 NG TO, 714 891 7299 MAY 16, 1991 3I 17PM it155 P,02 s H fe CITY OF HUNITINICTON BEACH CITY COUNCIL COMMUNICATION µUNTING70N 01AC1I To CONNIE BROC:KWAY from Z City Clerk OUI1Ci1111 Subject APPLA1j - C1sNJAW, PLAN Data May 16, 1991 CONFORMANCE NO. 91.3 �--� 1 hereby appoal the Planning C:ommisslon's decision to deny General Plan Conformance No. 91-•3 (Northwest corner of Goidenwu8t Street and Clay Avenue) for the following reasons: 1. Tho General Plan and 'Zoning designation for the 9ubjeet property are IOW density residential. 2. There is no desig'nati(m In Community Facility Element or any other Element of the General Plan whieh would designate :any public use on the subject alto. For the above stated reasons, I am appri ling the decision of the planning Commission and request the City Council to makca it determination that the disposition of a 12,240 square foot parcel 1s in conformance with the City's General plan. G r z ca��crni r^rn o �0 o cc: Honorable Mayor and (:ity Councilmembers Michael T, 111)(rurign Alike Adams "^ CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION HUNTINGTON BEACH To CONNIE BROCKWAY From D ac City Clerk Councilman Subject APPEAL - GENERAL PLAN Date May 16, 1991 J CONFORMANCE NO. 91.3 I hereby appeal the Planning Commission's decision to deny General Plan Conformance No. 91-3 (Northwest corner of Goldenwest Street and Clay Avenue) for the following reasons: 1. The General Plan and Zoning designation for the subject property are low density residential. 2. There is no designation in Community Facility Element or any other Element of the General Plan which would designate any public use on the subject site. For the above stated reasons, I am appealing the decision of the Planning Commission and request the City Council to make a determination that the disposition of a 12,240 square foot parcel is in conformance with the City's General Plan. cc: Honorable Mayor and City Councilmembers Michael T. Uberuaga Mike Adams NOTICE OF PUBLIC HEARING GENERAL PLAN CONFORMANCE NO. 91-3 - APPEAL OF THE PLANNING COMMISSION'S DENIAL (General Plan Conformance No. 91-3) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, June 17, 1991, 7:00 PM APPLICATION NUMBER: General Plan Conformance No. 91-3 (Appeal of the Planning Commission' s Denial) APPLICANT: City of Huntington Beach APPELLANT: Councilman Don MacAllister LOCATION: Northwest corner of Clay and Goldenwest (see attached map) ZONE: R1 (Single Family Residential) RE UEST: Determination that the disposition of a 12,240 square foot parcel is in conformance with the General Plan. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15312 of the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 12, 1991. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Hal Simmons, Senior Planner at 536-5271. 1'sC Connie Brockway City Clerk (9853d-1) AVENUE - -- --- --- ----. ._ I,IGARFIELD I t— I I • / / RA-0 Z CI ,JD _ g c RA-0 I-CD 0 �8//; C1-0 o M� M� 'R2 MI-A fit.. M2-01 RA-0 R2z ` e22-01 ' RA-09 2-CD R2 R2 M I +y. e�q.r.•.x•e,'4_., R4-Of.„ ,. .� V = R -~$=(o)R2-01 R2 -,'•.� • ,,..N i RIe c,r+ RI '-ai-CD 2 1 ' ?4-a ,,,x,.,.a,� - 1 ^` + Q- RI C2-0-� r• rt _... :'."'..`.;'' i..:ii �..c5.,� �\\ Ll4Y RI ..� \ '. a. (•1;.:�i �) `` ctv G,.'i. x 6 a'i n'• O',�',J I �`'i ' ,r•ra. ROS-0 a la RI _. F ,• R2-0-PD r o• e R4 8 RI RI •4 d: Y.... Q �:F; R2 0 s ' ." •OI � 9� . n i• • ,4..:.N.... .: 111 Rl- RI `w C2 0-CD C2_0 ... :. 6..:..; ' ;f::.... RI ++ RI V RI r.a,. ,.., idr'r:'•6ti'-'--- R2-O-PD: : '•' R2-0 vac ' s 111R y d R Rlb �RI OPOI C S-0 — - - - ,• - �'• -CD OP-ODD :R2 o Po- C2-0 T;;.. �'�. ,N R4-01 Ls: rieo. yr,re i �' L1T �a� �C N I• m-p-cDR - R2•0•CD s W f R2-0- CD F 4 v`' c� (RI-D) ICHI .a.��� •.� ItrJ!:7isG:C'a 3fi::. Sia;.�..^.:;:k^Ct.l /.'/ I I I�I 1 -Cp General Plan Conformance 91 -3 HUNTINGTON BEACH HUNUNGTON BEACH PLANNING DIVISION NOTICE OF PUBLIC HEARING GENERAL PLAN CONFORMANCE NO. 91-3 - APPEAL OF THE PLANNING COMMISSION'S DENIAL (General Plan Conformance No. 91-3) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, June 17, 1991, 7:00 PM APPLICATION NUMBER: General Plan Conformance No. 91-3 (Appeal of the Planning Commission' s Denial) APPLICANT: City of Huntington Beach APPELLANT: Councilman Don MacAllister LOCATION: Northwest corner of Clay and Goldenwest (see attached map) ZONE: R1 (Single Family Residential) REOUEST: Determination that the disposition of a 12, 240 square foot parcel is in conformance with the General Plan. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15312 of the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 12, 1991. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Hal l Simmons, Senior Planner at 536-5271. LS Connie Brockway City Clerk (9853d-1) co V� AVENUE iGARFIELD I L— ,-RA-0 C11 C., R2 ,RA-0 I-CD Ft—ml k CI-0 MI .1- . 1. .0 R2 -A M I M2-01 6 0 RA-0 RA-0, �R2 Ir 42-01 -CD R2 R2 R2 2 M I.......... R MR21-01 R4 R2 RI _,R2 E RI-CO L--1 I RI CLAY RI C2- R) C) 0 S, -0 R2-0 ROS KEY R I R RI- I C2-0-CD,- C2-0 i.0 -6n:: 1. R1 R1 R2-0 rA R1 cR z 2 RI I C1vC '-p.I'- .0p -CE R 2 rw -0-C 2-0-PD-�C- OP-0-CD -------— -0-CD C2 C'J 5-0 ICE, R 11 Y R1 RIV YORKIIIIN R4-01 -Ca R2-0-CD 7,R4--0 RI '4'C, CF-C CF-E-CD 10 R2-0-CD (R1-01 ---nil —0 ROS �Pccl 0 j General Plan Conformance 91 -3 J HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION H > CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH ` l CONNIE BROCKWAY From DAN M. BRENNAN To City Clerk Director Real Estate Services Subject Clay List Date June 4, 1991 Attached, per your request, is a plat map and list of names and addresses of those who live and own property within 300' of the property known as the Clay" property, aka #110-200-30 and owned by the City of Huntingon Beach. The Huntington Beach Company owns: #110-200-31 #111-130-18 #023-010-12 Huntington Beach Company Property Tax P.O. Box 7611 San Francisco, California 94120 cc: Hal Simmons DMB/rf 0130U �c, 7 .3 r DISTRICT MAP Z MAP 3-6-II ��LL( IONAL CITY OF LCH MNGTON BEACH RNIA GE COUNTY, CALIFORNIA USE OF PROPERTY MAP i i 1. AVENUE GARFIELD - II I,�l I l �•l / / 0 N W 3 �r• J �O Z J )IN' F `a (� E ", kawN tEAr 7 •, p.Rti74Ct0._..1.1 • R .lt . m 1 S t%' �.•....L..�l fj��q '.`. �ill ' w CMI M CR d1.. Calf Lf' ?�p cR / _..._..._ (( V °R. `�;•� (;{,:cu!F•:J!: :13::1 �• •�":� is f' 'IORRTOWN ♦y C BpW AI i !� a�T ek, CF-C C F-E ZHTER) y -' ...... _..,,.._-_ (:."(Yi!:xTiT:9E+?'.Ei!i7:i::'t Fii:•'r.S::N::'•!.1 • :r Y., WIp11TA C .•• ti 4 p .• •.sS�eii , s '!i'.'lii::?':.nti ..,,:_i�F _._..•nJF, :..: iUR:i" Np •-�'. VEN®CF[ �1 a •9 , TI A SY'•,i '"'o Mimi EIED SPRINGFIELD ailu Ov.% C •� •,�% Sl'r 4bs, N Z Q RO®F G ? r--rr- r- R:y.,'.`' A D A M S AlCYvc,vC/VN/&, / /V 00•17'20re -� • � �Gt3 92 CIO L Y C0l2 T.P. NO. 7&.5& N O /�t/T OF COMMENCEMENT -cam r • oo. _ 9� ao +� - ---ate �✓�' .�✓/�� /C.`J� 75 7.5 /5'EASEMENT \ o 7V STArU.0A,20 eS Ole- c67. of C•9G/FO.Q�t/iq V1 � g D 99V-3/1?2/ • M Q IN 00 if 0 QU/T CGA/M OEEO `o� d, ,P�"C0,20EO 2/2 9�Bd Zo g� ,QS /N5'T. BB-Q99'�G�o Q.e`J r C A/.y31.4 Nf FUH S.E.-114, S.E //4, N.E.//4, SEC 3, T. 6 S., U', q" a GOLDEN WEST (23 RD. 5T.) o �n 10 0 �?\ s s s �aro 0 41 9 /0 r6l.47' 22 144.90' 2347.50' 64 2/ ss.n' 34 ss.?, 35' rRAcr gab,9. "° 9 l 0 u 21 22 \�� 2 1 QD I 2y 60.60'-Jk O \h O N 23 O D ' 64Z' 90.98' -'3 2Q '6 6 O 45'a xs a B °�, 07°� 24 33 S . ay z O G m II 20 343 r co ODl� - 24 /0l.61' Ln Q N O 0) 7Q 7 95.47' 629. 99.y2'r /02.38' V 33 m /2 /9 PAR. 2 90' O7 N V 25. 43 o cm /05.69 19.19' r05.98 0.39' 12 _PM. 44-315 a-t; 4G' s 32 '� - 6 rr2.04' /05.79' 1. /B' ` PAR. / /oo' m 32 O m a c 6 �, o 42 26 /os.sr' 13 \ /2o.z7' °s 5 /03.91' /7 31 L' , 14 ;� " 17 19 � 27 N s o ° 0 27 30 /04.38' � � 39' � �- 0' a 98.38' /02 p4 /5 /6 e Z /00' ° v 30 28 2e 4G'a 15 4� 29 k9 47•07' 38.90 co 29 3 a,.44.. to UN SURFDAL E 49.0"'34.01' 31.!G' 43./¢. 2 N O ,'/00 57 r.30.G2 54' O O V / % l7.69 � 2 2 8 I 40', 27.99' O r 56 57.44' 55 59.97' O �.a9• ;, � �. 3 5a I 4 TRACT ' ea A O- s Q 64 53 42 J v 58 �� 47 46 82 52 5/ 90,4' o io 45 6F Co O ° ? 44 4 59 0- 22 � NF 21 ti tn 20 ,,• 23 47.66' . 4j O /7.93' tti /0O 60 h 3' a 60 48 /37.(or' ygRE MARCH /973 TRACT NO. 7656 M.M. 295-28 TO 3/ INC. 26 TRACT NO ,7421 M.M. 302 -20 TO 23 INC. PARCEL MAP P. M. 44-3 n.. .-:. r.; AC62J301/FM CTL 0004805 05-23-90 8:59 PM 1990-91 CITY/DISTRICT PARCEL LIST PAGE 7,7,1 DISTRICT NUMBER: 054A HUNTINGTON BEACH CITY PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP TRA NAME AND ADDRESS CODE' TRA NAME AND ADDRESS CODE TRA NAME AND ADDRESS CODE 023-251-31 BARILLA, JOSEPH L 023-251-38 BOWERMASTER, WILLIAM 023-252-02 WATT, DONALD 04-001 6931 GARDEN CIR 04-001 MICHAEL 04-001 6852 LAWN 11AVEN DR HUNTINGTN BCH, CA 92648 19402 SURFDALE LN HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 023-251-32 DENTON, LEE E TR 023-251-39 WACHOB, PAUL DENNIS 023-252-03 CICCARELLA, JOSEPH F 04-001 6941 GARDEN CIR 04-001 19412 SURFDALE LN 04-001 6872 LAWN IIAVEN OR HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-251-33 PRESSER, RUTH L 023-251=40 CHIU, JAMES FANG-NAN 023-252-04 SLOAN, H STEPHEN 04-001 214 MARGUERITE AVE 04-001 1519 CADDINGTON OR 04-001 16882 LAWN HAVEN DR CORONA DEL MAR, CA 92625 SAN PEDRO, CA 90732 HUNTINGTN BCH, CA 92648 023-251-34 HESPRICH, GLEN V 023-251-41 HUNTINGTON BEACH CO 023-252-05 HAVENS FAMILY TRUST 04-001 6971 GARDEN CIR 04-001 PROPERTY TAX. . 04-001 19291 SURFDALE L.N. HUNTINGTON BEACH, CA 92648 P 0 BOX 7611 HUNTINGTON BEACH, CA -92648 SAN FRANCISCO, CA 94120 023-251-35 LIEBER, EDWARD J 023-251-42 MOSS, DAN J 023-252-06 MILLER, CH,\RLES E 04-001 6981 GARDEN CI'R 04-001 6931 CHURCH CIR 04-001 19301 SURFDALE .LN HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-251-36 ROE, JOHN F 023-251-43 VAN DIEST, CURTIS L 023-252-07 JACOBSO , RONALD A, 04-001 19382 SURFDALE LN 04-001 6941 CHURCH CIR 04-001 19321 SURFDALE LN HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-251-37 LUHMAN, FREDERICK E JR TR 023-252-01 SCHLOSSBERG, KAREN L 023-252-03 KLECKF.R, S1IARON L. 04-001 19392 SURFDALE LN 04-001 1370 4TH ST 04-001 19331 SURFDALE LN HUNTINGTON BEACH, CA 92648 NORCO, CA 91760 HUNTINGTON BEACH, CA 92648 1990-91 CITY/DISTRICT PARCEL LIST PAGE 76 — ..I'INGTON BEACH CITY _res ZIP PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZTP AND ADDRESS CODE TRA NAME AND ADDRESS CODE TRA NAME AND ADDRESS CODE 023-251- D AMBRA, DENNIS F 023-251-15 KRILEY, LE ROY P 023-251-24 WOODS, PAUL R 6961 LAWN HAVEN OR 04-001 6902 LAWN HAVEN OR 04-001 6952 CHURC!i CIR HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH; CA 92648 HUNTINGTN BCH, CA 92648 023-251-09 WEATHERMAN, JAMES L 023-251-16 MORIKAWA, SHIGEO 023-251-25 HARPER, DAVID W TR 04-001 6971 LAWN HAVEN DR 04-001 6911 CHURCH f_IR 04-001 6942 CHURCH CIR, HUNTINGTt! BCH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 023-251-10 HOOVER, EDWARD A 023-251-17 SANDBERG, PAUL R TR 023-251-26 GOODMAN,. WILLIAM C 04-001 6972 LAWN HAVEN DR 04-001 6921 CHURCH CIR 04-001 17052 PALMDALE ST HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92647 023-251-11 MAY, DIANE 023-251-20 DRUIFF, EILEEN ANNE 023-251-27 RUESS, RICHARD R TR 04-001 6962 LAWN HAVEN OR 04-001 6961 CHURCH CIRCLE 04-001 6922 CHURCH CIR HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HU14TINGTO14 BEACH.; CA 92648 023-251-12 KUBIAK, DANIEL A 023-251-21 DISTASO', JACK R 023-251-28 MANGHAM, HUGH THOMAS 04-001 6942 LAWN HAVEN DR 04-001 6971 CHURCH CIR 04-001 6902 CHURCH CIR. HUNTINGTN BCH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 023-251-13 BASCOPE, ALBERTO H 023-251-22 HILL, GEORGE R TR 023-251-29 KLOOS, JOHN A TR . 04=001 6932 LAWN HAVEN DR 04-001 6982 CHURCH CIR 04-001 6901. GARDEN CIR HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON .BEACH, CA 92648 023-251-14 RUSSELL, ELLEN H 023-251-23 MC COWN, THCMAS E 023-251-30 EVANS, ROBERT B 04-001 6922 LAWN HAVEN DR 04-001 6972 CHURCH CIR 04-001 6921 GARDEN CIR HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTINGTN BCH, CA 92648 AC62J301/FM CTL 0004803 05-23-90 8:59 PM 1990-91 CITY/DISTRICT PARCEL LIST PAGE 75 DISTRICT NUMBER: 054A HUNTINGTON BEACH CITY PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP PARCEL NO/ 014NERS ZIP TRA NAME AND ADDRESS CODE TRA NAME AND ADDRESS CODE TRA NAME AND ADDRESS CODE 023-242-27 PATTERSON, WILLIAM 023-242-34 KUNITAKE,. SIDNEY H. 023-251-01 NIXON, GILBERT A 04-001 19676 SEAWIND CIR 04-001 XMITOKAWA, GEORGE 04-001 6861 LAWN HAVEN DR HUNTINGTN BCH, CA 92648 6610 CHURCH ST HUNTINGTN BCH, CA 92648 LOS ANGELES, CA 90042 023-242-28 NEES ON, JENNY GAIL 023-242-35 RUSSELL, R ROBERT 023-251-02 ADAMSON, REG E 04-001 19672 SEAWIND CIR 04-001 7101 SURFSIDE 04-001 6881 LAWN HAVEN OR HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92647 023-242-29 CROFT, VELMA C TR 023-242-36 MC NEAL, FRED M 023-251-03 RIEBER, MARGARET E 04-001 19662 SEAWINO CIR 04-001 605 VIA CUMBRES O4-001 ROMERO, MARGARET E HUNTINGTON BEACH, CA 92648 FALLBROOK, CA 92028 6891 LAWN HAVEN DR HUNTINGTO14 BEACH, CA 92648 023-242-30 ENRIQUEZ, ANTONIO B • 023-242-37 PFUSTER.ER, MARIA M 023-251-04 JACKSON, C1IARLES M 04-001 19656 SEAWIND CIR 04-001 7091 SURFS.IDE OR 04-001 6901 LAWN HAVEN .DR HUNTINGTON BEACH, CA '92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 023-242-31 MONIZ, GERALD P 023-242-38 ROBLES-GIL, EMMALEE 023-251-05 SCHUMACHER, STEPHEN W 04-COI 19652 SEAWIND CIR 04-001 7085 SURFSIDE -DR 04-001 6921 LAWN 11AVEN DR HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-242-32 SIMPSON, _FAMES W 023-242-39 JORY, JOSEPH A 023,-251-06 MOORE , RONALD A 04-001 19646 SEAWIND CIR 04-001 7081 SURFSIDE DR 04-001 6931 LAWN 11AVEN DR HUNTINGTN BCH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTINGTN BCH, CA 92648 023-242-33 SCHEFFER, ROBERT L TR 023-2.42-40 CAMPBELL, NEIL C 023-251-07 ORTEGA, REUBEN A 04-001 19642 SEAWIND CIR 04-001 7075 SURFSIDE• DR 04-001 •6951 LAWN HAVEN OR HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTINGTN BCH, CA 92646 , sr 1990-91 CITY/DISTRICT PARCEL LIST PAGE 76 ..YINGTON BEACH CITY _riS ZIP PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP AND ADDRESS CODE TRA NAME AND ADDRESS CODE TRA NAME AND ADDRESS CODE 2.51-c9 D AMBRA, DENNIS F 023-251-15 KRILEY, LE ROY P 023-251-24 WOODS, PAUL R 6961 LAWN HAVEN OR 04-001 6902 LAWN HAVEN DR 04-001 6952 CHURCH CIR HUNTINGTIJ BCH, CA 92648 HUNTINGTON BEACH; CA 926148 HUNTINGTN BCII, CA 92648 023-251-09 WEATHERMAN; JAMES L 023-251-16 MORIKAWA, SHIGEO 023-251-25 HARPER, DAVID IJ TR 04-001 6971 LAWN HAVEN DR 04-001 6911 CHURCH f_IR 04-001 6942 CHURCH CIR. HUNTINGTN BCH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 023-251-10 HOOVER, EDWARD A 023-251-17 SANDBERG, PAUL R TR 023-251-26 GOODMAN, WILLIAM C 04-001 6972 LAWN HAVEN OR 04-001 6921 CHURCH CIR 04-001 17052 PALMIIALE ST HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92647 023-251-11 MAY, DIANE 023-251-20 DRUIFF, EILEEN ANNE 023-251-27 RUESS, RICHARD R TR 04-001 6962 LAWN HAVEN OR 04-001 6961 CHURCH CIRCLE 04-001 6922 CHURCH CIR HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTTON BEACH., CA 92648 023-251-12 KUBIAK, DANIEL A 023-251-21 DISTASO', JACK R 023-251-28 MAUGHAM, HUGH THOMAS 04-001 6942 LAWN HAVEN DR 04-001 6971 CHURCH CIR 04-001 6902 CHURCH CIR HUNTINGTN BCH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 023-251-13 BASCOPE, ALBERTO H 023-251-22 HILL, GEORGE R TR 023-251-29 KLOOS, JOHII A TR . 04-001 6932 LAWN HAVEN OR 04-001 6982 CHURCH CIR 04-001 6901 GARDEII CIR HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 023-251-1 R.USSELL, ELLEN H 023-251-23 MC COWN, THCMAS E 023-251-30 FVANS, ROBERT B 04-001 6922 LAVIN HAVEN DR 04-001 6972 CHURCH CIR 04-001 6921 GARDEN CIR HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 HUNTIIIGTN BCH, CA 92648 AC62J301/FM CTL 0004803 05-23-90 8:59 PM 1990-91 CITY/DISTRICT PARCEL LIST PAGE 75 � • ri DISTRICT NUMBER: 054A HUNTINGTON BEACH CITY PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP TRA NAME AND ADDRESS CODE TRA NAME AND ADDRESS CODE TRA NAME AI10 ADDRESS CODE 023-242-27 PATTERSON, WILLIAM 023-242-34 KUNITAKE , SIDNEY It 023-251-01 NIXON, GILBERT A 04-001 19676 SEAWIND CIR 04-001 XMITOKAWA, GEORGE 04-001 6861 LAWN IIAVEN DR HUNTINGTH BCH, CA 92648 6610 CHURCH ST HUNTINGTN BCH, CA 92648 LOS ANGELES, CA 90042 023-242-28 NEESON, JENNY GAIL 023-242-35 RUSSELL, R ROBERT 023-251-02 ADAMSON, REG E 04-001 19672 SEAWIND CIR 04-001 7101 SURFSIDE 04-001 6881 LAWN HAVEN DR HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92647 023-242-29 CROFT, VELMA C TR 023-242-36 MC NEAL, FRED M 023-251-03 RIEBER, MARGARET E 04-001 19662 SEAWIND CIR 04-001 605 VIA CUMBRES O4-001 ROMERO, MARGARET E HUNTINGTON BEACH, CA 92648 FALLBROOK, CA 92028 6891 LAWN HAVEN DR HUNTINGTON BEACH, CA 92648 023-242-30 ENRIGUEZ, ANTONIO B • 023-242-37 PFUSTERER, MARIA M 023-251-04 JACKSON, CIIARLES M 04-001 19656 SEAWIND CIR 04-001 7091 SURFSIUE DR 04-001 6901 LAWN HAVEN .DR HUNTINGTON BEACH, CA '92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 023-242-31 MONIZ, GERALD P 023-242-38 ROBLES-GIL, EMMALEE 023-251-05 SCHUMACHER, STEPHEN W 04-COl 19652 SEAWIND CIR 04-001 7085 SURFSIDE -DR 04-001 6921 LAWN IIAVEN DR HUNTINGTN BCH, CA 92648 HUNTINGTO14 BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-242-32 SIMPSON, JAMES W 023-242-39 JORY, JOSEPH A 023.-251-06 MOORE , RONALD A 04-001 19646 SEAWIHO CIR 04-001 7081 SURFSIDE DR 04-001 6931 LAW14 IIAVEN OR HUNTINGTN BCH, CA 92648 HUNTINGTN BC11, CA 92648 HUNTINGTN BCH, CA 92648 023-242-33 SCHEFFER, ROBERT L TR 023-242-40 CAMPBELL, NEIL C 023-251-07 ORTEGA, REUBEN A 04-001 19642 SEAWIND CIR 04-001 7075 SURFSIDE• DR 04-001 •6951 LAWN IIAVEN OR HUNTINGTON BEACH, CA 92648 HUNTINGTN BCII, CA 92648 HUNTINGTN BCH, CA 92646 AC62J301/FM CTL 0004805 05-23-90 8:59 PM 1990-91 CITY/DISTRICT PARCEL LIST PAGE 77.. f! DISTRICT NUMBER: 054A HUNTINGTON BEACH CITY PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP PARCEL NO/ OWNERS ZIP TRA NAME AND ADDRESS CODE, TRA NAME AND ADDRESS CODE TRA NAME AND ADDRESS C(IDE 023-251-31 BARILLA, JOSEPH L 023-251-38 BOWERM'ASTER, WILLIAM 023-252-02 WATT, DONALD 04-001 6931 GARDEN CIR 04-001 MICHAEL 04-001 6852 LAWN 11AVEN OR HUNTINGTN BCH, CA 92648 19402 SURFDALE LN HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 023-251-32 DENTON, LEE E TR 023-251-39 WACHOB, PAUL DENNIS 023-252-03 CICCARELLA, JOSEPH F 04-001 6941 GARDEN CIR 04-001 19412 SURFDALE LN 04-001 6872 LAWN HAVEN OR HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-251-33 PRESSER, RUTH L 023-251=40 CHIU, JAMES FANG-HAN 023-252-04 SLOAN, H STEPHEN 04-001 214 MARGUERITE AVE 04-001 1519 CADOINGTON OR 04-001 6882 LAWN HAVEN DR CORONA DEL MAR, CA 92625 SAN PEDRO, CA 90732 HUNTINGTN BCH, CA 92648 023-251-34 HESPRICH, GLEN V 023-251-41 HUNTINGTON BEACH CO 023-252-05 HAVENS FAMILY TRUST 04-001 6971 GARDEN CIR 04-001 PROPERTY TAX, 04-001 19291 SURFIIALE LN HUNTINGTON BEACH, CA 92648 P 0 BOX 7611 HUNTINGTON BEACH, CA -92648 SAN FRAHCISCO, CA 94120 023-251-35 LIEBER, EDWARD J 023-251-42 MOSS, DAN J 023-252-06 MILLER, CHARLES E 04-001 6981 GARDEN CIR 04-001 16931 CHURCH CIR 04-001 19301 SURFUALE .LN HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-251-36 ROE, JOHN F 023-251-43 VAN DIEST, CURTIS L 023-252-07 JACOBSON, RONALD A 04-001 19382 SURFDALE LN 011i-001 6941 CHURCH CIR 04-001 19321 SURFDALE LN HUNTINGTN BCH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTN BCH, CA 92648 023-251-37 LUHMAH, FREDERICK E JR TR 023-252-01 SCHLOSSBERG, KAREN L 023-252-08 KLECKF.R, 311ARON L. 04-001 19392 SURFDALE Lff 04-001 1370 4TH ST 04-001 19331 SURFIIALE LN HUNTINGTON BEACH, CA 92648 NORCO, CA 91760 HUNTINGTON BEACH, CA 92648 NOTICE OF PUBLIC HEARING GENERAL PLAN CONFORMANCE NO. 91-3 - APPEAL OF THE PLANNING COMMISSION' S DENIAL (General Plan Conformance No. 91-3) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, June 17, 1991, 7: 00 PM APPLICATION NUMBER: General Plan Conformance No. 91-3 (Appeal of the Planning Commission' s Denial) APPLICANT: City of Huntington Beach APPELLANT: Councilman Don MacAllister LOCATION: Northwest corner of Clay and Goldenwest (see attached map) ZONE: R1 (Single Family Residential) REOUEST: Determination that the disposition of a 12,240 square foot parcel is in conformance with the General Plan. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15312 of the California Environmental Quality Act . COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk' s Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 12, 1991. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Hal Simmons, Senior Planner at 536-5271. WS Connie Brockway City Clerk (9853d-1) Cc V AVENUE 1,iGARFIELD 1 I I I RA IR2 CI-0 - R2 RA-0 I-CD F :R2-' CI-0 M1 I ..,; $- .0 N "--*' MI -A -R2 M2-01 0 0 RA-0 RA-0 OA M1 :R2 152, F'R 4 2 R2 A-0j X R2 R2 �2-01 -CD R 2 2 2_0, MR R4-01. R ti 2 R2 R1 au A -01 R2 • M 1 ! : 2 Im CL AY C2-0- ........ RI IL RI ROS-0 R2-0-PD 0, R2-0 0 N R I R4.04 RI Rl- C2-0-CD RI-01 2-0 R7.n.Pn R1 • RI R2.0 RI '0 RI RI OP,0 R2-0-CD"-! U/ -0-CD ;:P�-O-PQ- 0 OP s-0 C2-0-CD RI CIJ L RI RI/ .4 0 . I R1 C 134-01 R11 WWI C F -E-CD -C 0, CF 0 D 0 -0 ROS /nn General Plan Conformance 91 -3 �� HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION Connie Brockway,City Clerk �._�,.c� City of Huntington Beach a �., 9� �."'�o "''` •',.-'. Office of the City Clerk }7 _ 1(1,! G .y 1 = P.O.Box190 r♦ �� �a CLASS �p�ii�M.• Huntington Beach,CA 92648 _ . F 1 r ti e G- P - 91-3 023-251-05 SCHUHACHER9 STEPHEN W INGTpy 04-001 6921 LAWN IIAVEN DR HUNTINGTN BCHr CA 92648 O `NCOR i0R�1�0 _ QQ _pp. � tmTURN R81NSM?YMfi159? LD©$/9�, :,. q WATER N *(d „o a-81Gb3 l' ppUN T Y CPS ,. LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Cleric City of Huntington Office of the City Clerk':I iHr k i' P.O.Box 190 tl Huntington Beach,CAr92648` a +' :110-200-31' � ti > .�111=130-18 }.• ' , 023=010,12' ..... . TINGT N '� ! ' '` Huntington' Beach Company a �N Property Tax :P:O ' Box 7611 San Frandsco,• CA 94120 it Igo T ��UNTY �P #EGALNOTICE - PUBLIC HEARING