HomeMy WebLinkAboutGeneral Plan Conformance GPC2008002 - Notice of action Letter w Findings & Conditions of ApprovalN N•
Huntington Beach Planning Commission
• 2000 MAIN STREET CALIFORNIA 92648
NOTICE OF ACTION
May 28, 2008
Jim Wagner
City of Huntington Beach Public Works Department
2000 Main Street
Huntington Beach, CA 92648
SUBJECT:
APPLICANT:
REQUEST:
PROPERTY
OWNER:
LOCATION:
GENERAL PLAN CONFORMANCE #08-02 (GOTHARD STREET
VACATION)
Jim Wagner, City of Huntington Beach Public Works Department
To determine if vacation of a City easement on a portion of property
previously condemned for the Gothard Street widening is in conformance with
the goals, objectives, and policies of the General Plan
Joe Gergen, 211-B Main Street, Huntington Beach, CA 92648
East side of Gothard Street approximately 150 feet west of Main Street
DATE OF
ACTION: May 27, 2008
On Tuesday, May 27, 2008 the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1622, approving General
Plan Conformance No. 08-02. Attached to this letter are the findings of approval.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A
person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within
ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal
shall include the name and address of the appellant, the decision being appealed, and the
grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand,
Five Hundred Forty-One Dollars ($1,541.00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Two Thousand Three Hundred
Seventy-Nine Dollars ($2,379.00) if the appeal is filed by any other party. In your case, the last
day for filing an appeal and paying the filing fee is June 9. 2008.
Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org
Notice of Action GPC 08-02
May 28, 2008
Page 2
If you have any questions, please contact Hayden Beckman, Planning Aide, at
hbeckman surfcit -hb.or or at (714) 374-5317 or the Planning Department Zoning Counter at
(714) 536-5271.
Sincerely,
Scott Hess, Secretary
Planning Commission
By:
Herb Fauland, Planning M nager
SH:HF:HB:lw
Attachments: Findings for Approval
Resolution No. 1622
c: Honorable Mayor and City Council
Chair and Planning Commission
Paul Emery, Interim City Administrator
Scott Hess, Director of Planning
Bill Reardon, Division Chief/Fire Marshal
Terri Elliott, Principal Civil Engineer
Gerald Caraig, Permit-Plan Check Manager
Property Owner
Project File
I
ATTACHMENT NO. I
FINDINGS OF APPROVAL
GENERAL PLAN CONFORMANCE #08-02
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
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 Section 15306 of the CEQA Guidelines because the project involves
information collection which does not result in major disturbance to an environmental resource.
FINDINGS OF APPROVAL - GENERAL PLAN CONFORMANCE NO. 08-002:
1. The proposed vacation of the easement on a 1,400 square foot property fronting Gothard
Street is consistent with the following goals, objectives and policies of the General Plan:
A. Land Use Element
LU Goal 2: "Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services. "
Gothard Street currently provides sufficient access to the surrounding industrial and
residential uses. As a result of the past widening and realignment, the subject property is
no longer necessary to support the circulation pattern of the adjacent areas.
LU Goal 4: "Achieve and maintain high quality architecture, landscape, and public open
spaces in the City. "
The vacation of the easement would result in a transfer of land to the property owner and
allow for private purposes, including improvements to the unimproved site that would
advance the visual character of the Gothard Street corridor.
LU Polic 9.1.3: "Require that multi family residential projects be designed to convey a
high level of quality and distinctive neighborhood character as discussed below.
(e) Include an adequate landscape setback along the street frontage that is integrated with
abutting sidewalks and provides continuity throughout the neighborhood. "
The subject property fronts Gothard Street and as an unimproved site does not contribute to
integration or continuity of aesthetic character throughout the adjacent areas. Vacation of the
easement will allow the remnant parcel to be incorporated into the adjacent development
and used to provide the required 15 foot landscaping buffer along Gothard street frontage, as
set forth by the Holly Seacliff Specific Plan, and possibly additional guest parking.
G:\PC\NOA\08\5-27-08 GPC Gothard Vacation #08-02 Attachment 1.1
r
B. 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. "
The subject easement is no longer needed and its vacation will not have a detrimental
impact on the circulation system.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings , liability cost , including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
G:\PCWOA108.5-27-08 GPC Gothard vacation #08-02 Attachment 1.2
RESOLUTION NO. 1622
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON
BEACH FINDING THAT THE VACATION OF A CITY EASEMENT ON A PROPERTY
LOCATED ON THE EAST SIDE OF GOTHARD STREET APPROXIMATELY 150 FEET
WEST OF MAIN STREET IS IN CONFORMANCE WITH THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 08-002)
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 City of Huntington Beach has declared its intention to vacate an
easement upon the subject site, a remnant portion of property located along the east side
of Gothard Street approximately 150 feet west of Main Street. (APN: 111-150-24)
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Huntington Beach as follows:
SECTION 1: The subject site is an unimproved remnant property designated as a
right of way on the General Plan Land Use Map.
SECTION 2: The easement vacation for private use is in conformance with the
goals, objectives , and policies of the City's adopted General Plan.
PASSED AND ADOPTED by the Planning Commission of the City of
Huntington Beach at a regular meeting held on the 27th day of May 2008, by the
following vote:
AYES: Farley, Dwyer, Shier-Burnett, Livengood, Shaw, Speaker, Scandura
NOES: None
ABSENT: None
ABSTAIN: None
ATTE :
Scott es , ecretary
rl
Planning Co *ssion Chairperson
G:\Resolutions\Reso08\Res 1622 - Gothard Street Vacation.doc