HomeMy WebLinkAboutGeneral Plan Conformance GPC2014002 - Staff Report of Executive SummaryCity of Huntington Beach Planning and Building Department
STAFF REPORT
TO:
FROM:
BY:
DATE:
SUBJECT:
Planning Commission
Scott Hess, AICP, Director of Planning and Building
Hayden Beckman, Assistant Planner
June 10, 2014
GENERAL PLAN CONFORMANCE NO. 14-002 (BOLSA CHICA STREET
EASEMENT VACATION)
APPLICANT/
PROPERTY
OWNER: Public Works Dept., City of Huntington Beach, 2000 Main Street, Huntington Beach,
CA 92648
LOCATION: East side of Bolsa Chica Street, south of Warner Avenue.
STATEMENT OF ISSUE:
General Plan Conformance No. 14-002 request:
- To determine if the vacation of an existing right of way easement is in conformance with the
goals, objectives, and policies of the General Plan.
Staff's Recommendation: Approve General Plan Conformance No. 14-002 based upon the following:
- Conforms to the goals, objectives, and policies of the General Plan.
RECOMMENDATION:
Motion to:
"Adopt Resolution No. 1677, approving General Plan Conformance No. 14-002 with findings
(Attachment Nos. 1 and 2)."
ALTERNATIVE ACTION:
The Planning Commission may take an alternative action such as:
1. "Deny General Plan Conformance No. 14-002 with findings for denial."
2. "Continue General Plan Conformance No. 14-002 and direct staff accordingly."
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VICINITY MAP
GENERAL PLAN CONFORMANCE NO. 14-002
(BOLSA CHICA STREET EASEMENT VACATION)
PC Staff Report - 6/10/14 2 (14sr14 GPC No. 14-002)
PROJECT PROPOSAL:
General Plan Conformance No. 14-002 represents a request, pursuant to Section 65402 of the California
Government Code, by the City of Huntington Beach Public Works Department to determine if the
proposed vacation of an approximately 348 square foot triangular portion of a right-of-way easement
adjacent to a commercial parcel is in conformance with the goals, objectives, and policies of the General
Plan.
The subject right-of-way easement is along the western property line of a commercial parcel located at the
southeast corner of Bolsa Chica Street at Warner Avenue. The area to be vacated measures approximately
348 square feet and is currently a landscaped portion of the street side setback area for an existing vehicle
tire service business. The Public Works Department has determined that the subject easement area is no
longer required for right-of-way purposes at the intersection, since the necessary right of way
improvement requirements have been constructed by the adjacent commercial property owner.
Background:
The existing right of way improvements adjacent to the easement including a pedestrian sidewalk, curb,
and landscaping along Bolsa Chica Street were conditions of approval for Conditional Use Permit No.
2009-014, which allowed the construction of the existing vehicle tire service center building. The City
required that frontage improvements along the east side of Bolsa Chica Street were to include a right turn
lane. The development project was completed in 2011 and no further construction activities are necessary
within or adjacent to the subject easement area.
ISSUES:
Sub'ect Pro er and Surroundin Land Use Zonin and General Plan Desi nations:
LOCATION GENERAL PLAN ZONING LAND USE
Subject Property:ROW (Right of Way)ROW Landscaped Setback Area
North (across Warner Avenue),
East and West (across Bolsa CG (Commercial General)CG CommercialChica Street) of Subject
Pro e .
South of Subject Property RM (Residential Medium RM Multi-Family ResidentialDensity)
General Plan Con ormance:
Vacating an approximately 348 square foot right of way easement conforms to the following goals and
policies of the General Plan:
A. Land Use Element
LU Goal 2: Ensure that development is adequately served by transportation infrastructure, utility
PC Staff Report - 6/10/14 3 (14sr14 GPC No. 14-002)
infrastructure, and public services.
Since adequate curb, gutter, and sidewalk improvements have been constructed to provide an
enhanced vehicular and pedestrian access path along the east side of Bolsa Chica Street, the
easement is not necessary to support existing or future public use. Upon vacation, the fee title for
the area will revert back to the adjacent commercial property owner.
B. Circulation Element
Zonin
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.
CE Policy 2.4: Require that new development provide circulation improvements to achieve stated
City goals.
Existing streets and pedestrian sidewalks currently provide sufficient access to the surrounding
commercial and multi-family residential uses. The subject area is no longer necessary to construct
right-of-way infrastructure to provide the public circulation needs of the abutting properties. The
vacation of the subject right-of-way easement will not have a detrimental impact on the circulation
system.
Com liance: Not applicable.
Urban Desi n Guidelines Con ormance: Not applicable.
Environmental Status:
The General Plan conformance review is categorically exempt pursuant to City Council Resolution No.
4501, Class 5, which supplements the California Environmental Quality Act because the request is a
minor street vacation.
Coastal Status: Not applicable.
Redevelo ment Status: Not applicable.
Desi n Review Board: Not applicable.
Subdivision Committee: Not applicable.
Other De artments Concerns and Re uirements:
No comments regarding General Plan Conformance No. 14-002 have been received from other City
departments or agencies. The Public Works Department is in agreement with the request.
PC Staff Report - 6/10/14 4 (14sr14 GPC No. 14-002)
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 :
May 2, 2014 June 11, 2014 (40 days from complete application)
ANALYSIS:
Section 65402 of the California 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 and objectives from the Land Use and Circulation Elements that are applicable to
the request in the General Plan Conformance section of this staff report.
The vacation of the right-of-way easement facilitates the transfer of a remnant portion of public right-of-
way to an adjacent private property owner consistent with the adjacent development and the City's
circulation needs. The fee title of the subject area will revert to the subject property owner.
Because the vacation of the subject right of way easement is consistent with the goals, objectives, and
policies of the General Plan, staff recommends the Planning Commission approve General Plan
Conformance No. 14-002.
ATTACHMENTS:
1. Suggested Findings of Approval - GPC No. 14-002
2. Planning Commission Resolution No. 1677
3. Project Narrative Dated April 2, 2014
SH:MBB:HB:kd
PC Staff Report - 6/10/14 5 (14sr14 GPC No. 14-002)
ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
GENERAL PLAN CONFORMANCE NO. 14-002
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. 14-002:
The proposed vacation of a portion of an existing right of way easement is consistent with the following
goals and objectives 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.
Since adequate curb, gutter, and sidewalk improvements have been constructed to provide an
enhanced vehicular and pedestrian access path along the east side of Bolsa Chica Street, the
easement is not necessary to support existing or future public use. Upon vacation, the fee title for
the area will revert back to the adjacent commercial property owner.
B. Circulation 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.
CE Policy 2.4: Require that new development provide circulation improvements to achieve stated
City goals.
Existing streets and pedestrian sidewalks currently provide sufficient access to the surrounding
commercial and multi-family residential uses. The subject area is no longer necessary to construct
right-of-way infrastructure to provide the public circulation needs of the abutting properties. The
vacation of the subject right-of-way easement will not have a detrimental impact on the circulation
system.
(14sr14 GPC No. 14-002) Attachment No. 1
RESOLUTION NO. 1677
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HUNTINGTON BEACH FINDING THE VACATION OF A PORTION OF
THE BOLSA CHICA STREET RIGHT OF WAY EASEMENT IN CONFORMANCE
WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 14-002)
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 a 348
square foot right of way easement located along the east side of Bolsa Chica Street southeast of
the intersection between Bolsa Chica Street and Warner Avenue (Exhibit B); and
WHEREAS, staff has reviewed the easement vacation request and submitted it to the
Planning Commission for review on June 10, 2014; 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 a right of way easement 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 10th day of June, 2014, by the following roll
call vote:
AYES: Peterson, Bixby, Franklin, Pinchiff, Kalmick, Posey, Semeta
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Scott Hess, Secretary Planning Commission Chair
Exhibit A - General Plan Goals, Objectives and Policies
Exhibit B -- Legal Description and Sketch
ATTACHMENT NO.
EXHIBIT A
GENERAL PLAN GOALS, OBJECTIVES, AND POLICIES FOR
BOLSA CHICA STREET EASEMENT VACATION
(GENERAL PLAN CONFORMANCE NO. 2014-002)
The vacation of a portion of the Bolsa Chica Street public right of way easement conforms to the
following goals and objectives 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.
Since adequate curb, gutter, and sidewalk improvements have been constructed to provide
an enhanced vehicular and pedestrian access path along the east side of Bolsa Chica Street,
the easement is not necessary to support existing or future public use. Upon vacation, the fee
title for the area will revert back to the adjacent commercial property owner.
B. Circulation 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.
CE Policy 2.4: Require that new development provide circulation improvements to achieve
stated City goals.
Existing streets and pedestrian sidewalks currently provide sufficient access to the
surrounding commercial and multi-family residential uses. The subject area is no longer
necessary to construct right-of-way infrastructure to provide the public circulation needs of
the abutting properties. The vacation of the subject right-of-way easement will not have a
detrimental impact on the circulation system.
ATTACHMENT NO.
EXHIBIT "13It
THAT PORTION OF THE WEST 137 FEET OF THE NORTH 232 FEET OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5
SOUTH, RANGE 11 WEST; SAN BERNARDINO BASE AND MERIDIAN, IN THE C1TY OF
HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF
MISCELLANEOUS MAPS, IN THE OFFICE. OF THE COUNTY RECORDER OF SAID
COUNTY; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
APN: 163_121-01
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 232 FEET
WITH THE WEST LINE OF THE NORTHWEST 1/4 OF THE. NORTHWEST 1/4 OF SAID
SECTION 28; THENCE NORTH 89°24'25 EAST 20,00 FEET ALONG SAID SOUTH
LINE TO A POINT ON A LINE PARALLEL WITH AND 20 FEET EASTERLY OF SAID
WEST LINE; THENCE NORTH 00'58'02" WEST 68.80' FEET PARALLEL TO SAID WEST
LINE TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A.
RADIUS OF 42.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 15'27'35" AN ARC DISTANCE, OF 11.33 FEET TO A POINT ON
THE SOUTH LINE OF SAID NORTH 152 FEET, SAID POINT ALSO BEING THE TRUE
POINT OF. BEGINNING- THENCE CONTINUING ON SAID CURVE THROUGH A CENTRAL
ANGLE OF 21'24'36" AN ARC DISTANCE OF 15.69 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 58.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLEOF
36°52'12 AN ARC DISTANCE OF 37.32: FEET TO A POINT OF TANGENCY WITH THE.
EASTERLY LINE OF THE WESTERLY 40 FEET OF SAID NORTHWEST 1./4 OF THE
NORTHWEST i/4 OF SECTION 28; THENCE SOUTH 00`58'02" EAST 48.93 FEET
ALONG SAID LINE TO A POINT IN THE SOUTH LINE OF' SAID NORTH 152 FEET;
THENCE SOUTH 89°24'25" WEST 18.48 FEET ALONG SAID SOUTH LINE TO THE
TRUE POINT OF BEGINNING,
AREA = 348 SQ. FT./O.008 ACRES
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE 'MADE A PART HEREOF
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ATTACHMENT NO. 'I
EXHIBIT "B"CURVE TABLE
CURVE DELTA RADIUS LENGTH
C1 15°27'35"42.00'11.33'
C2 21'24'36"42.00'15.69 '
C3 36'52'12 58.00 '37.32'
WARNER AV ENUE
N LINE, NW 1/4, NW 1/4,
SEC 28 T5S,. R11W, SBM
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1/4, SEC 28 T5S, R11W, SBM
POINT OF BEGINNING LEG EN D-
PROPERTY LINE
LINE
LJNE TABLE
BEARING
°®®®®EASEMENT
LENGTH RIGHT-OF=WAY
L1 NBtl24'25 "E 20:0.0 - - - LOT LINE
L2 SOO°58'02"E 48.93
L3 589'24 '25"W INDICATES AREA TO BE VACATED18.48 BACK TO THE UNDERLYING OWNER
AREA -_ 348 SQ_ FT:/0.008 ACRES
ATTACHMENT NO., k L
PROJECT NARRATIVE
Project: Summa Vacation of Public Right-of-Way
Address: Adjacent to Harbour Tire Pros - 17032 Bolsa Chica Road
East of Bolsa Chica Road, South of Warner Avenue)
Application: General Plan Conformance - Summary Street Vacation
Applicant: City of Huntington Beach - Department of Public Works
Contact: Bob Milani, Senior Civil Engineer Tel: (714) 374-1735
Date: March 14, 2014
Project Back round
APR 02 ?014
dept.ofE:,ningBuilding11
The existing Harbour Tire Pros site at the southeast corner of Bolsa Chica Road and Warner Avenue
consists of 2 parcels (APN's 163-121-01 and 163-121-02), and are encumbered along the Bolsa Chica
Road frontage by existing street and right-of-way easements that are 40 feet and 20 feet wide respectively
to centerline of the road (See attached Exhibit "C").
2009
As part of entitlement approval, the Harbour Tire Pros project (CUP 2868-014, approved by the Zoning
Administrator on October 14, 2009) was conditioned to construct certain off-site improvements including
new curb, gutter and sidewalk along the Bolsa Chica Road frontage. The -project which was completed
around the end of 2011, constructed the above-mentioned off-site improvements per the City's conditions,
which required a transition between the existing 40 feet and 20 feet right-of-way lines, to create a turn
pocket for north-bound traffic turning right onto Warner Avenue. The new street alignment that resulted
from this transition, created a small triangular pocket (348 square feet) of existing right-of-way that is
outside of the actual street improvements (curb, gutter, sidewalk, etc. - see attached Exhibit "D").
After a thorough review by staff, it has been determined that the subject area is excess right-of-way and no
longer needed for street purposes, that it is unnecessary for existing or prospective public use, and that
vacating it 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
Public Works Department is proposing to vacate the excess right-of-way, through a Summary Street
Vacation process (See attached Exhibits "A" and "B" - Plat Map and Legal Description). Once the City
vacates its' interest in t asement, the subject area would revert back to the existing owner.
I
Applicant: Bob Milani
City of Huntington Beach
Department of Public Works
Attachments:
19 11 If 11 . .N0`1_krP4%ie1D
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K&-r Pr hC14ED
Exhibit "D" - Photo of area to be vacated
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Da e:
kTTACHMENT NO.
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