HomeMy WebLinkAboutGeneral Plan Conformance GPC2010001 - Notice of action Letter w Findings Conditions of ApprovalCi of Huntin ton Beach
2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF PLANNING AND BUILDING
www.huntin onbeachca. ov
Plannin Division Buildin Division
714.536.5271 714.536.5241
NOTICE OF ACTION
July 14, 2010
City of Huntington Beach
Public Works Department
2000 Main Street
Huntington Beach CA 92648
SUBJECT:
APPLICANT:
PROPERTY
OWNER:
REQUEST:
LOCATION:
GENERAL PLAN CONFORMANCE NO. 10-001 (NEWLAND STREET-
HIGHWAY SLOPE EASEMENT VACATION)
Public Works Department, City of Huntington Beach
City of Huntington Beach
To determine if the vacation of an existing highway slope easement is in
conformance with the goals, objectives, and policies of the General Plan.
21632 Newland Avenue, Huntington Beach, CA 92648
DATE OF
ACTION: July 13, 2010
On Tuesday, July 13, 2010 the Huntington Beach Planning Commission took action on your
application, and approved your request by adopting Resolution No. 1644, approving General
Plan Conformance No. 10-001. Attached to this letter are Resolution No. 1644 and the findings
for 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 Thirty Nine Dollars ($1,539.00) if the appeal is filed by a single family dwelling
property owner appealing the decision on his own property and Two Thousand, Seven Hundred
Four Dollars ($2,704.00) 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 Jul 23 2010 at 5:00 PM.
Notice of Action GPC 09-008
April 27, 2010
Page 2
•
If you have any questions, please contact Rosemary Medel, the project planner, at
rmedel@surfcity-hb.org or at (714) 374-1684 or the Planning and Building Department Zoning
Counter at (714) 536-5271.
Sincerely,
Scott Hess, Secretary
Planning Commission
By:
Herb Fauland, Planning anager
SH:HF:RM:kd
Attachments: 1. Findings for Approval - GPC No. 10-001
2. Resolution No. 1644
c: Honorable Mayor and City Council
Chair and Planning Commission
Fred Wilson, City Administrator
Scott Hess, Director of Planning
Bill Reardon, Division Chief/Fire Marshal
Mike Vigliotta, Deputy City Attorney III
Steve Bogart, Senior Civil Engineer
Gerald Caraig, Permit-Plan Check Manager
Property Owner
Project File
ATTACHMENT NO. I
FINDINGS OF APPROVAL
GENERAL PLAN C NFORMANC 10-001
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.
FINDINGS OF APPROVAL- GENERAL PLAN CONFORMANCE NO. 10-001
1. The vacation of a City owned highway slope easement and the transfer of ownership through a
Quit Claim action conforms to the following goals and objective of the Land Use and Circulation
Elements of the General Plan:
a. LU Goal 2: Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services.
b. 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.
c. Ob ective CE 1.1: Balance the circulation system with the circulation demands generated
by the implementation of the City's Land Use Element.
The public improvement to widen Newland Street and raise the grade of the adjacent property along
Newland Street created improved vehicular circulation. Therefore, the slope easement is no longer
necessary to achieve required efficient circulation.
G:\PC\NOA\201 0\7-13-201 0 GPC 10-001 Newland Vacation Attachment 1.1
RESOLUTION NO. 1644
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HUNTINGTON BEACH FINDING THAT THE VACATION OF A
HIGHWAY SLOPE EASEMENT OVER THE WESTERLY PORTION OF
21632 NEWLAND STREET RESERVED BY THE CITY TO BE IN
CONFORMANCE WITH THE GENERAL PLAN
(GENERAL PLAN CONFORMANCE NO. 10-001)
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, staff has reviewed the description of the proposed vacation of the
slope easement including legal description as depicted on Exhibits A and B (attached),
and generally described as follows:
A vacation of the 20-foot highway slope easement over the westerly 40-feet of
said parcel, which was required due to the elevation differences between the AAA
Animal Hospital and Newland Street.
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City
of Huntington Beach does hereby find and resolve as follows:
SECTION 1: The vacation of the subject slope easement results from the street
widening, and the grade improvement of Newland Street and 21632 Newland Street
thereby eliminating the need for the slope easement.
SECTION 2: The vacation of the slope easement is in conformance with the
City's adopted General Plan. The proposed vacation is in conformance with the Land
Use Element and Circulation Element of the General Plan.
SECTION 3: The City of Huntington Beach Planning Commission does hereby
resolve that the vacation of the subject slope easement along Newland Street is in
conformance with the goals and policies of the General Plan.
PASSED, APPROVED AND ADOPTED this thirteenth day of July 2010 by the
following roll call vote:
AYES: Mantini, Scandura, Speaker, Farley, Shier Burnett, Livengood
NOES: None
ABSENT: Delgleize
ABSTAIN: None
ATTES :
Scott ess, Secretary Chairperson, Pla ping Commission
ATTACHMENT:
Exhibit No. A - Legal Description
Exhibit No. B - Site Map
EXHIBIT "A"
LEGAL DESCRIPTION
(Highway Slope Easement)
That portion of the northwest Y< of the southeast 1/4 of Fractional Section 13, Township 6 South,
Range 11 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State
of California, as shown on a map recorded in Book 51, page 14 of Miscellaneous Maps, in the
office of County Recorder of said County, described as follows:
An easement for highway slope purposes as recorded in Book 12778 pages 704 and 705
of Official Records reserved by the City of Huntington Beach, described therein as the east
20 feet of the west 40 feet of the following described parcel:
Beginning at the southeast corner of Parcel D as shown on a map recorded in book 3, page 18
of Parcel Maps, in the office of the County Recorder of said County; thence South 00°40 30 East
30.00 feet along the southerly extension of the east line of said Parcel D to a line parallel with
and 30.00 feet southerly measured at right angles from the south line of said Parcel D ; Thence
South 89°34 20 West 620.21 feet along said parallel line to the easterly Right of Way line of
Newland Street as shown on said Parcel Map, said Right of Way being parallel with and 20.00
feet easterly, measured at right angle from the North-South Quarter Section line of said Fractional
Section 13; thence along said Right of Way North 00°40 50 West 140.00 feet; thence North
89°34 20 East 150.00 feet to a point on the westerly line of Parcel A of said Parcel Map,
thence South 00°40 50 East 110.00 feet along the west line of said Parcel A to the southwest
corner thereof; thence North 89°34 20 East 470.21 feet along the south line of Parcels A, B,
C, and D of said Parcel Map to the Point Of Beginning.
As more particularly shown on Exhibit B attached hereto and made a part hereof,
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(D ,- 20 FOOT HIGHWAY SLOPE EASEMENT AS
DESCRIBED IN EXHIBIT A-
= RECORD PER PARCEL MAP FILED IN BOOK 3.
PAGE 18 OF PARCEL MAPS
= RECORD PER GRANT OECD RECORDED APRIL
21. 2006 AS INSTRUMENT NO. 2006000269169
OF 0. R.
W'LY LINE OF
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2000 MAIN STREET CALIFORNIA 92648
DEPARTMENT OF PLANNING
Phone 536-5271
Fax
May 16, 2006
NOTICE OF ACTION
PETITION DOCUMENT: LOT LINE ADJUSTMENT NO. 2006-003 (AAA
ANIMAL HOSPITAL LOT CONSOLIDATION)
APPLICANT/
PROPERTY OWNER:
REQUEST:
LOCATION:
DATE OF
ACTION:
Dear Mr. Botros:
Samir Botros, 23632 Newland Street, Huntington Beach,
CA 92646
To consolidate two parcels into one 21,906.86 sq. ft. parcel
21632 Newland Street (Northeast corner of Newland Street
and Edinger Ave.)
May 16, 2006
Your application was acted upon by the Planning Department of the City of Huntington
Beach on May 16, 2006, and your request was approved. Included in this letter are the
findings and conditions of approval for this application.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the.
action taken by the Planning Department is final unless an appeal is filed to the Planning
Commission by you or by an interested party. Said appeal must be in writing and must
set forth in detail the action and grounds by which the applicant or interested party deems
himself aggrieved. Said appeal must be accompanied by a filing fee of Four Hundred
Ninety Four Dollars ($494.00). The appeal shall be submitted to the Secretary of the
Planning Commission within ten (1.0) calendar days of the date of the Planning
Department's action.
374-1540
The last day for filing an appeal and paying the filing fee for the above noted application
is May 26, 2006.
Lot Line Adjustment A2006-0032006-003
Page 2
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that a
Lot Line Adjustment becomes null and void two (2) years after the date of final approval,
unless executed by recordation.
It is recommended that you immediately pursue completion of the Conditions of
Approval and address all requirements of the Huntington Beach Municipal Code and
Subdivision and Zoning Ordinance in order to expedite the processing of your total
application.
I hereby certify that Lot Line Adjustment No. 2006-003 was approved by the Planning
Department of the City of Huntington Beach, California, on May 16, 2006 upon the
foregoing conditions and citations.
If there any questions, please contact Rami Talleh, Associate Planner at (714) 536-5271.
Very truly yours,
Howard Zelefsky,
Planning Director
Rami Talleh,
Associate Planner
xc: ;Herb Fauland, Principal Planner
Steve Bogart, Public Works
File
Attachment: Findings and Conditions of Approval - LLA No. 2006-003
G:\PLANNING\Lot Line Adjustments\NOA\2005U.LA NO 05-13.doc
of Line Adjustment No 06-003
Page 3 40
ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT NO. 2006-003
FINDINGS FOR PROJECTS EXEMPT FROM CE A:
The Planning Department finds that the 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 15305 of the CEQA Guidelines, because the project
consists of a minor lot line adjustment, not resulting in the creation of additional parcels
nor a change in land use or increase in density, in an area with an average slope of less
than 20%.
FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO. 2006-003:
1. The granting of Lot Line Adjustment No. 05-13 for the consolidation of two into one
21,906.86 sq. ft. parcel will not create any additional parcels or building sites.
2. The resulting parcel alignment will conform to Titles 20-24 of the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) because it will comply with the
requirements for minimum area, width, frontage, setbacks, and site coverage.
3. The lot line adjustment will not sever any existing structure on the resulting parcel.
Future development of the parcel will comply with Titles 21-25 of the HBZSO.
4. The lot line adjustment will not allow a greater number of dwelling units than allowed
prior to the adjustment.
5. A plat map showing the lot line adjustment has been prepared and approved and will
be filed in accord with the provisions of Section 253.24 of the HBZSO.
CONDITIONS OF APPROVAL - LOT LINE ADJUSTMENT NO. 2006-003:
The plat map stamped received and date stamped April 21, 2006, and maintained in
Planning Department case file LLA 2006-003, shall be the approved layout. The lot line
adjustment form shall be submitted to the Public Works Department for final review and
modified as necessary pursuant to the requirements of the Public Works Department prior
to recordation.
Lot Line Adjustment No. 2006-003
Page 4
INFORMATION ON SPECIFIC CODE RE UIREMENTS:
1. Lot Line Adjustment No. 2006-003 shall not become effective until the ten-calendar
day appeal period has elapsed.
2. Lot Line Adjustment No. 2006-003 shall become null and void unless exercised
within two years of the date of final approval or such extension of time as may be
granted by the Director pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
3. The lot line adjustment shall comply with all applicable provisions of the Municipal
Code, Building and Safety Department, and Fire Department as well as applicable
local, State and Federal Fire Codes, Ordinances, and standards, except as noted
herein.
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