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HomeMy WebLinkAboutGeneral Plan Conformance GPC2009007 - Staff Report of Executive SummaryCity of Huntington Beach Planning and Building Department STAFF REPORT HUNTINGTON BEACH TO: FROM: BY: DATE: Planning Commission Scott Hess , AICP, Director of Planning and Building Tess Nguyen, Associate Planner February 9, 2010 SUBJECT: GENERAL PLAN CONFORMANCE NO. 09-007 (BEACH BOULEVARD PUBLIC FRONTAGE ROAD VACATION) APPLICANT: Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: East side of Beach Boulevard, south of Atlanta Avenue STATEMENT OF ISSUE: o General Plan Conformance No 09-007 request - To determine if the proposed vacation of the frontage road along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue is in conformance with the goals, objectives, and policies of the General Plan o Staff's Recommendation Approve General Plan Conformance No 09-007 based upon the following - The proposed project conforms to the goals, objectives, and policies of the General Plan RECOMMENDATION: Motion to "Adopt Resolution No 1641, approving General Plan Conformance No 09-007 with findings (Attachment Nos 1 and 2) " ALTERNATIVE ACTION: The Planning Commission may take an alternative action such as "Deny General Plan Conformance No 09-007 with findings for denial " mcr TM6IIff ADAMS FUUC 4RAeou3 7IAII7A HAMILM I - { VICINITY MAP GENERAL PLAN CONFORMANCE NO. 09-007 (BEACH BOULEVARD FRONTAGE ROAD VACATION) PC Staff Report - 02/09 /10 2 (10sr15 GPC No 09-007) PROJECT PROPOSAL: General Plan Conformance No 09-007 represents a request, pursuant to Section 65402 of the California Government Code, by the City of Huntington Beach Public Works Department, to determme if the proposed vacation of the frontage road along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue is in conformance with the goals, objectives, and policies of the General Plan The intent of the request is to vacate the City's interest in the frontage road and allow the private developer to merge it with the privately owned properties to the west and east in order to enlarge and expand the existing shopping center (Beach Promenade) The Planning Commission must review the proposal for consistency with the City's General Plan prior to City Council action on the vacation The frontage road right-of-way encompasses approximately 90,340 square feet The land was deeded from Deane Brothers to the State of California in 1966 for freeway and adjacent frontage road use In 1968, the State of California relinquished the frontage road portion of the right-of-way to the City of Huntington Beach fn 1983, the State of California relinquished the other portion of the right-of-way (vacant strip of land to the west of the frontage road) to the Sassoon-Mayer Development Company The public portion of the right-of-way is currently used as a frontage road, providing access to the Beach Promenade shopping center and the Huntington Breakers Apartments The portion of the frontage road to the south of the Beach Promenade shopping center that services the Huntington Breakers Apartments will remain ISSUES: Sub'ect Pro er And Surroundin Land Use Zonin And General Plan Desi nations: LOCATION GENERAL PLAN ZONING LAND USE Subject Area Right-of-Way Right-of-Way Frontage Road North (across Atlanta RM-15 (Residential RM (Residential Single and Multi- Avenue), South, West (across Medium Density-Max Medium Density)Family Residential Beach Boulevard) of Subject 15 du/ac)Uses Area East of Subject Area CG-F1 (Commercial CG (Commercial Beach Promenade General-Max 0 35 Floor General)Shopping Center Area Ratio) General Plan Con ormance: The proposed vacation is consistent with this designation and the goals, objectives , and policies of the City's General Plan as follows A Land Use Element LU Goal 2 Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services PC Staff Report - 02/09/10 3 (10sr15 GPC No 09-007) Goal LU 10 Achieve the development of a range of commercial uses LU Ob ective 10 1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach recreational resources B Economic Develo ment Element ED Ob ective 2 4 Revitalize, renovate, and expand the existing Huntington Beach commercial facilities while attracting new commercial uses ED Polic 2 4 3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area Beach Boulevard and Atlanta Avenue currently provide sufficient access to the surrounding commercial and residential uses The frontage road is no longer necessary to support the circulation needs of the adjacent uses The frontage road vacation for private ownership would allow for the expansion of the existing shopping center, offering a range of commercial uses that would support the needs and reflect market demand of local and regional residents and visitors The additional commercial uses would complement existing uses in the shopping center C Circulation Element CE Ob ective 1 1 Balance the circulation system with the circulation demands generated by the implementation of the City's Land Use Element CE Goal 2 Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections Since the frontage road is determined to be excess right-of-way and not required for circulation purposes, the frontage road is no longer necessary for existing and prospective public use The vacation of the frontage road will not have a detrimental impact on the circulation system Zonin Com liance : Not applicable Urban Desi n Guidelines Con ormance : Not applicable Environmental Status: The proposed project is categorically exempt pursuant to City Council Resolution No 4501, Class 5, which supplements the California Environmental Quality Act (CEQA) because the request is a minor street vacation PC Staff Report -02/09/10 4 (I0sr15 GPC No 09-007) Coastal Status : Not applicable Redevelo ment Status: The subject frontage road is located in the Huntington Beach Merged Development Project Area Subarea 5, formerly known as the Main-Pier Redevelopment Project Area, and is consistent with plans for the area Desi n Review Board : Not applicable Subdivision Committee : Not applicable Other De artments Concerns and Re uirements: No comments regarding General Plan Conformance No 09-007 have been received from other City departments or agencies The Public Works Department is in agreement with the request Public Noti ication: General Plan Conformances are non-public hearing items and do not require legal notification A lication Processin Dates: DATE OF COMPLETE APPLICATION MANDATORY PROCESSING DATE S December 18, 2009 January 27, 2010 (40 days from complete application) ANALYSIS: Prior to City Council action on the proposed vacation of the frontage road, the Planning Commission must review the proposal for consistency with the City's General Plan, pursuant to the Government Code of the State of California Section 65402 of the Government Code provides that no street or real property shall be vacated or abandoned until the location, purpose, and extent of such vacation or abandonment has been submitted to and reported upon as to its conformity with the City's adopted General Plan Consistent with State Law, staff has identified goals, objectives, and policies from the General Plan Land Use, Economic Development, and Circulation Elements that are applicable to the request in the General Plan Conformance section of this staff report The proposed frontage road vacation for private ownership would allow for the expansion of the existing shopping center in providing a range of commercial uses that would support the needs of local residents and serve visitors to the City The additional commercial uses would complement existing uses in the shopping center Since the frontage road is determined to be excess right-of-way and is no longer necessary to support the circulation needs of the adjacent uses, the vacation of the frontage road will not have a detrimental impact on the circulation system PC Staff Report - 02/09/10 5 (10sr15 GPC No 09-007) Because the vacation of the frontage road is consistent with the goals, objectives, and policies of the General Plan, staff recommends the Planning Commission approve General Plan Conformance No 09- 007 finding that the vacation is in conformance with the General Plan ATTACHMENTS: 1 Suggested Findings of Approval - GPC No 09-007 2 Planning Commission Resolution No 1641 3 Project Narrative dated November 18, 2009 SH HF RR TN 1w PC Staff Report - 02/09 /10 6 (1 Osr] 5 GPC No 09-007) ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL GENERAL PLAN CONFORMANCE NO. 09-007 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CE A: The Planning Commission finds that the proposed project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No 4501, Class 5, which supplements the California Environmental Quality Act because the request is a minor street vacation SUGGESTED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 09-007: The proposed vacation of the frontage road along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue is consistent with the following goals, objectives, and policies of the City's General Plan A Land Use Element LU Goal 2 Ensure that development is adequately served by transportation infrastructure , utility infrastructure , and public services Goal LU 10 Achieve the development of a range of commercial uses LU Ob ective 10 1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region , serve visitors to the City, and capitalize on Huntington Beach recreational resources B Economic Develo ment Element ED Ob ective 2 4 Revitalize , renovate , and expand the existing Huntington Beach commercial facilities while attracting new commercial uses ED Polic 2 4 3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area Beach Boulevard and Atlanta Avenue currently provide sufficient access to the surrounding commercial and residential uses The frontage road is no longer necessary to support the circulation needs of the adjacent uses The frontage road vacation for private ownership would allow for the expansion of the existing shopping center, offering a range of commercial uses that would support the needs and reflect (lOsr15 GPC No 09-007) Attachment No 1 1 market demand of local and regional residents and visitors The additional commercial uses would complement existing uses in the shopping center C Circulation Element CE Ob ective 1 1 Balance the circulation system with the circulation demands generated by the implementation of the City's Land Use Element CE Goal 2 Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections Since the frontage road is determined to be excess right-of-way and not required for circulation purposes, the frontage road is no longer necessary for existing and prospective public use The vacation of the frontage road will not have a detrimental impact on the circulation system (10sr15 GPC No 09-007) Attachment No 1 2 RESOLUTION NO. 1641 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH FINDING THE PROPOSED VACATION OF THE BEACH BOULEVARD FRONTAGE ROAD RIGHT-OF-WAY IN CONFORMANCE WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO. 09-007) WHEREAS , 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 county or city until the location, purpose, and extent of such activity has been reported upon as to conformity with the adopted General Plan, and WHEREAS, the Public Works Department has submitted a request for General Plan Conformance review of the proposed vacation of the frontage road along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue, and WHEREAS, staff has reviewed the vacation request and submitted it to the Planning Commission for review on February 9, 2010, and WHEREAS, staff has indicated applicable General Plan goals, objectives, and policies to establish conformance with the General Plan (Exhibit A) NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the City of Huntington Beach finds the proposed vacation of the frontage road along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue in conformance with the goals, objectives, and policies of the General Plan PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the 9th day of February 2010, by the following roll call vote AYES: NOES: ABSENT ABSTAIN: ATTEST: Scott Hess, Secretary Planning Commission Chairperson (reso 1641) ATTACHMENT NO -._ EXHIBIT A GENERAL PLAN GOALS, OBJECTIVES, AND POLICIES FOR BEACH BOULEVARD FRONTAGE ROAD VACATION (GENERAL PLAN CONFORMANCE NO. 2009-007) The vacation of the Beach Boulevard frontage road right-of-way along the existing shopping center at the southeast corner of Beach Boulevard and Atlanta Avenue conforms to the following goals, objectives, and policies of the General Plan Land Use Element LU Goal 2 Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services Goal LU 10 Achieve the development of a range of commercial uses LU Ob ective 10 1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach recreational resources Economic Develo ment Element ED Ob ective 2 4 Revitalize , renovate , and expand the existing Huntington Beach commercial facilities while attracting new commercial uses ED Polic 2 4 3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area Beach Boulevard and Atlanta Avenue currently provide sufficient access to the surrounding commercial and residential uses The frontage road is no longer necessary to support the circulation needs of the adjacent uses The frontage road vacation for private ownership would allow for the expansion of the existing shopping center, offering a range of commercial uses that would support the needs and reflect market demand of local and regional residents and visitors The additional commercial uses would complement existing uses in the shopping center Circulation Element CE Ob ective 1 1 Balance the circulation system with the circulation demands generated by the implementation of the City's Land Use Element CE Goal 2 Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections Since the frontage road is determined to be excess right-of-way and not required for circulation purposes, the frontage road is no longer necessary for existing and prospective public use The vacation of the frontage road will not have a detrimental impact on the circulation system ATTACHMENT NO.® • PROJECT NARRATIVE • Project Beach Promenade Shopping Center - Public Frontage Road Vacation Address, 21018 - 21190 Beach Boulevard (East side of Beach Boulevard, south of Atlanta Avenue) Application, General Plan Conformance - Street Vacation Entitlement EPA 2009-09 (Amending CUP 2008-13 and VAR 2008-07) and TPM 2009-79 n Applicant City of Huntington Beach - Department of Public Works W Contact Bob Milani, Senior Civil Engineer Tel (714) 374-1735 Date November 18, 2009 Project Back round NOV 1 8 2009 Huntington Beach PLANNING DEPT The proposed project is commonly known as the Beach Promenade Shopping Center project CUP 2008-13 and VAR 2008-07 were approved by the City Council on May 4, 2009 for the remodel of the existing shopping center which encompasses six buildings and 344 parking spaces on 6 74 acres of land. However, after further discussion and negotiation with the City staff and direction from City Council, the Applicant amended the application to include a proposal to expand the shopping center by acquiring a City-owned Public Frontage Road along Beach Boulevard and merging it with the shopping center and a strip of Applicant-owned property to the west The amended project, under EPA 2009-09 and TPM 2009-79, would allow for further expansion of the existing parking and landscaping improvements and would create three new parcels and the associated building pads for future retail buildings Project Descri tion A thorough review of the Public Frontage Road was conducted by staff and it was determined that the frontage road is excess right-of-way and not required for street or highway purposes, that the frontage road is unnecessary for existing or prospective public use, and that vacating the frontage road would not conflict with policies in the General Plan, or the requirements of the Orange County Congestion Management Program (CMP) and Master Plan of Arterial Highways (MPAH) As a result, the City of Huntington Beach is moving forward with the vacation of the said Public Frontage Road through a General Street Vacation process (Plat Map and Legal Description attached) As mentioned above, the intent is to vacate the City's interest in the frontage road, and to allow the Applicant to merge it with another Applicant-owned property to the west, in order to enlarge and expand the existing shopping center The proposed project would entail the remodeling of the existing building facades, reconfiguration of the existing parcels to create three new parcels, construction of three new building pads, and the installation of the associated on and off-site improvements Currently, the site is comprised of six parcels totaling approximately 6.74 acres. Adding the vacated Public Frontage Road, the adjacent westerly Applicant-owned property, and reconfiguring the existing parcels, would result in a total of nine parcels within approximately 9 42 acres (See attached exhibits for the depiction of the existing and proposed parcels). The developer is required to file a Tentative and Final Parcel Map in order to achieve the desired configuration and number of parcels It should be noted that the Public Frontage Road to be vacated contains an existing 8-inch public waterline that serves the public for existing fire hydrants, services for fire protection, domestic water and landscape purposes While vacating the Public Frontage Road, the City will reserve and record an easement over the entire Public Frontage Road for the maintenance of these facilities The said easement shall remain in effect until the Applicant relocates the existing water facilities from within the Public Frontage Road to the adjacent public right-of-way along Beach Boulevard, after which the easement may be removed to allow for unencumbered on-site construction. Applicant- Bob Milani City of Huntington Beach Department of Public Works 1-100 - 09 Date, ATTACHMENT NO.3 (( ,'LY COR SEC 13 •'LY LINE SEC 13, R11 W, SBM T6S, R11 W, SBMPER PM 94-590 (N89'37'06" E) ATLANTA AVE PARCEL 2, PM 84-590, 202/48-50 PM 30' L H--88' W'LY LINE SEC 13 T6S, R11 W, SBM 5' ' 8' 44/40 PM 15/16 PM PARCEL 2, PM 84-590, 202/48-50 PM PARCEL 2, PM 84-590, }. 202/48-50 PM 8' ( 6/18 PM 6/18 PM GRAPHIC SCALE 1 inch =150 ft N'LY LINE 150 I 0 PARCEL 1 PM 84-590 202/48-50 PM I IN FEET ) EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH • 50'-0 0 0 • 5 • S .. • •0 0 0 0 - +- -•- i-- -!-a-•-•-A-O • • ••00 0 0• • 0 0 G 0 0 0 Goo Doe Goo N 0 0 00 • 0 0 0 00 . • 0 : 0 0 e 0 • • •0 0 ••0 0if e •$0 0 00 )= RECORD PER PARCEL MAP 84-590, FILED IN BOOK 202, PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS =PORTION OF STATE HIGHWAY RELINQUISHMENT NUMBER 632, RECORDED 2/26/68, IN 8526/461 0 R., ALSO BEING A PORTION OF PARCEL 1, STATE HIGHWAY MAP BOOK 5, PAGES 45 AND 46, AS DESCRIBED IN EXHIBIT A, 90,340 SQ FT, (2 07 ACRES) EXHIBIT B SHEET 1 OF 3 15075 iff im DEPARTMENT OF PUBLIC WORKS -3,2- IH1$ RIP AS PREPARED rCR CRANCE COUNTY ASSESSOR DEPT PURPOSES CWLrTHE ASSESSOR MIRES NO GUARANTEE AS TOITS ACCURACY NCR ASSURES ANY LIABILITY TOR OTHER USES NOT TO BE REPRWUCEOALL RIGHTS RESERVEDc COPIRIGNT ORANGE COWTY 15S£SS39 2004 -I- nS(AN 11Q e.xIST9J4 P CPCM PRov E,LI Dc S04ofPlP34 F,vlfsTIN4 GITI -0014Ea FRop T, gaAD -To B& VacAtea TRACT SEE AWE 2 T SURFWOOD SEE AGE SEE PACE 4 LANE 3 SEF PACF S SEE PACE 6 ONES7ERFIELD LANE BORIN6T4tV LANE 3 SEE RIDE 7 NO 558/ Q c F Q 536AG 10 R od °,A 12 m 227 AG a S 7N BEACH (PRORTARS tf1 *E BEACH POP. K' 1/,?. NW 1/4. SEC. 13. T 6 S. R 11 W 03 C, IS 4 Y ®PM J 118 69AG'-E. Icl I 14 P ,v 6-IS R A( AS-IB RB#n)BOULEVARD 24 - 29 'A?r c ,NT- .mo WCs-TT-1.1 j STNr of LANs -To M6o-civi C D 21-27 PM 202.48PAR 2 24 THAMPSNAPe AVFJ /IA/NrINCTON BEADY RISC I MARCH 1965 TRACT 5581 M.M. 205-36 to 42 Inc. PARCEL MAP P M. 25-27. 202-48 P M 202-ARPAR I 2a 7313 4G .d Jia-' SUIRTSE DR BOULEVARD 24-31 SEC RICE B of A a NOTE - ASSESSOR'S BLOCK d ASSESSOR'S MAP PARCEL NUMBERS BOOK 148 PAGE 0? SHOWN IN CIRCLES COUNTY OF ORANGE .,ssSiop- P.E. M.fp 148-02' PAGE 1 OF 8 1' = 200' 41 I] • • 90S 60L11 BW L 0d Ile `j I4 6r0900-iB ' BOd 9OS/Will B0dr 30d 90S/WilI god ld 'MnB S'1 ONadra 3Mi M M tl B $ 91 CI MQ(y3$ )j wn MN 3Bl A yJfi 11.N` 9 601tt 9041 Jw11Yt• (L11 ,, ICaBI 1r- 3AV VDWIJV 9 AVta N • i r ATTACHMENT NO. 50 » 0 I0 SEALN RP HUNTINGTON BEACH CHANNEL PI I- 43 I rv _I I6 Ja..l 0'T 2 A PART EXISTING PARCEL LINE TO REMAIN y -•EL Ilc t ] 3 Ml PARCEL, 0 55 SORES PARCEL 2 01D NYRS ' PRONTA09 ROAD 9 R BEACH BOULEVARD 17 oroSEd lk € .1Sb 335 EXISTING N LT A NW LY PARCEL UNES Of PARCEL 3 PUB IS/IBTO REMAIN PAR EL 3 PMB 10115 1x1 nx EXISTING PARCEL LINES TO REMAIN PARCEL 2 PARCEL 5 vMP 26/27 011 ACRES EXISTING PARCELLINES TO BE REMOVED S{ PARCEL 3 .V15 EXISTING PARCEL LINES TO BE REMOVED PARCEL/ 3 - t ASSOCEN & &SS alx Im ( IRU, am 1 lmi t. Ibt. 1 EXHIBIT FOR TENTATIVE PARCEL MAP NO 2009-122 BEACH PROMENADE. LLC HUNTINGTON BEACH CAUFORMA • DaM-.T o0 IS 0DA IN, DRARII PcxaXrn ]