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HomeMy WebLinkAboutOrdinance #2557 ORDINANCE NO. 2557 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM MEDIUM DENSITY RESI- DENTIAL AND HIGHWAY COMMERCIAL DISTRICTS TO HIGH DENSITY RESIDENTIAL DISTRICT ON REAL PROP- ERTY LOCATED EAST OF BEACH BOULEVARD AND SOUTH OF ATLANTA AVENUE ( ZONE CASE NO. 82-5 ) WHEREAS , pursuant to the state Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have had separate public hearings relative to Zone Case No. 82-5 wherein both bodies have carefully considered all in- formation presented at said hearings , and after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to said City Council, the City Council finds that such zone change is proper, and consistent with the general plan, NOW THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The following described real property, generally located east of Beach Boulevard , approximately 1200 feet south of Atlanta Avenue , is hereby changed from R2 , "Medium Density Resi- dential District" and C4 , "Highway Commercial District" to R4-28 , "High Density Residential District: " All that certain land situated in the State of California, County of Orange , City of Huntington Beach, described as follows -. PARCEL 1 That portion of the northwest quarter of Sec- tion 13 , Township 6 South, Range 11 West in the Rancho Las Bolsas , as shown on a map re- corded in Book 51 , page 14 of Miscellaneous ahb 4/1/82 1. Maps in the office of the County Recorder of said county, described as follows : Beginning at the intersection of the south line of said north 1548 . 22 feet of said north- west quarter of Section 13 with a line parallel with and distant easterly 88. 00 feet , mea- sured at right angles from the west line of said Section 13 , said intersection being also the northwesterly corner of that certain parcel of land conveyed to the State of California by deed recorded August 18 , 1965 in Book 7634 , page 315 of Official Records; thence along said southerly line , being also the northerly line of said certain parcel of land south 89 °25 ' 42" east 221. 12 feet ; thence north 8052 ' 37" west 616. 78 feet ; thence northerly along a tangent curve concave easterly and having a radius of 1000. 00 feet through an angle of 9010125" an arc distance of 160. 11 feet to a line parallel with and distant easterly 198. 00 feet , measured at right angles from said west line; thence tangent to last described curve along said Para- llel line , north 00017148" east 730. 44 feet ; thence north 45126 ' 06 " east , 28. 22 feet to a line parallel with and distant southerly 30. 00 feet , measured at right angles, from the north line of said northwest quarter of Section 13; thence along said parallel line , north 89025142" west 110. 00 feet ; thence south 45026 ,06" west 28. 22 feet to a line parallel with and distant easterly 88. 00 feet , measured at right angles , from said west line of Section 13 ; thence along said parallel line south 00017148" west 1498. 22 feet to the true point of beginning. Excepting that portion lying northerly of the westerly extension of the north line of Parcel 1 as shown on a map filed in Book 25 , page 27 of Parcel Maps , records of Orange County, California. Also excepting therefrom all oil, oil rights , minerals , mineral rights, natural gas , natural gas rights , and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove described , together with the per- petual right of drilling, mining, exploring and operating therefor and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands 2. other than those hereinabove described , oil or gas wells , tunnels and shafts into , through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells , tunnels and shafts under and n d x beneath or beyond the e exterior limits thereof , and to redrill , retunnel , equip , main- tain, repair, deepen and operate any such wells or mines , without , however , the right to drill , mine , explore and operate through the surface or the upper 100 feet of the subsurface of the land hereinabove described or otherwise in such manner as to endanger the safety of any highway that may be constructed on said lands , as excepted in the deed from Deane Brothers , a corporation , to State of California, recorded July 11 , 1966 in Book 7985 , page 557 of Official Records. PARCEL 2 : That portion of the northwest quarter of Section 13 , Township 6 South , Range 11 West in the Rancho Las Bolsas , as shown on a map recorded in Book 51 , page 14 of Miscellaneous Maps, records of Orange County , California, described as follows: Parcel No. 1 as shown on a map filed in Book 25 , page 27 of Parcel Maps in the office of the County Recorder of Orange County, California. Excepting all mineral rights not heretofore otherwise conveyed or reserved , including without limitation all oil , gas , hydrocarbon and similar rights , and all water, water rights , geothermal steam and steam power, within or underlying the real property herein conveyed , together with the perpetual rights of de- velopment thereof; provided, however , that the rights herein reserved and excepted do not include the right to enter upon the surface and the top 500 feet of the subsurface of said land as reserved in the deed from K. -D. Venture , a limited partnership , re- corded October 14 , 1977 in Book 12418 , page 176 of Official Records . PARCEL 3 : That portion of the north half of the southwest quarter of the northwest quarter of Section 13 , Township 6 South , Range 11 West in the Rancho Las Bolsas , as shown on a map recorded in Book 50 , 3• page 14 of Miscellaneous Maps, records of Orange County, California , described as follows : Beginning at the point of intersection of the west line of said Section 13 with a line parallel with and distant south 0017148" west 1548. 22 feet , mea- sured at right angles , to the north line of said northwest quarter; thence south 8902514211 east 309. 12 feet; thence south 8052 ' 37" east , 439. 08 feet to the south line of said north half; thence along said south line north 89016 ' 03" west , 379 . 13 feet to the west line of said Section 13 ; thence north along said west line to the point of beginning. Excepting therefrom the west 88. 00 feet thereof. Also excepting therefrom all oil, oil rights , minerals , mineral rights, natural gas , natural gas rights , and other hydrocarbons by whatsoever name known that may be within or under the parcel of land hereinabove de- scribed, together with the perpetual right of dril- ling , mining , exploring and operating therefor and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those herein- above described, oil or gas wells , tunnels and shafts into, through or across the subsurface of the land hereinabove described , and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill , retunnel , equip , maintain , repair , deepen and operate any such wells or mines, without , however , the right to drill , mine , explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove de- scribed or otherwise in such manner as to endanger the safety of any highway that may be constructed on said lands, as excepted in the deed from C. W. Hester and others , to the State of California, recorded August 18 , 1965 in Book 7634 , page 315 of Official Records. Also excepting therefrom that portion included within the land described in a deed to the City of Huntington Beach, recorded August 21 , 1964 in Book 7189 , page 258 of Official Records. PARCEL 4 : The westerly 489. 55 feet of the northwest quarter of Section 13 , Township 6 South , Range 11 West in the 4. Rancho Las Bolsas , as shown on a map recorded in Book 51 , page 14 of Miscellaneous Maps , records of Orange County , California. Excepting therefrom that portion lying southerly of the northerly line of the south half of the southwest quarter of the northwest quarter of said Section 13. Also excepting therefrom that portion described in a quitclaim deed to Security Fore Corporation , recorded October 6 , 1964 in Book 7247 , page 646 of Official Records. Also excepting the northerly 1548 . 22 feet. Also excepting that portion lying westerly of the easterly line of the land described in the deed to the State of California, recorded August 18 , 1965 in Book 7634 , page 315 of Official Records. Also excepting therefrom all oil , gas , asphaltum and other hydrocarbons lying below a depth of 500 feet from the surface thereof , but without the right of surface entry thereto , as conveyed to Management Control , Inc. , by deed recorded October 7 , 1970 in Book 9425 , page 392 of Official Records. PARCEL 5 : That portion of the west half of the northwest quarter of Section 13 , Township 6 South, Range 11 West in the Rancho Las Bolsas , described as follows : Beginning at the southeast corner of the land de- scribed in the deed to the State of California, re- corded August 18 , 1965 in Book 7634 , page 315 of Official Records , being a point on the south line of the north half of the southwest quarter of the northwest quarter of said Section 13 , easterly 379. 13 feet thereon from the westerly line of said section; thence north 89036 '56" east 146. 83 feet along said south line to a point easterly 525. 96 feet therefrom said westerly line of Section 13 , being the inter- section of a nontangent curve concave easterly , having a radius of 272. 50 feet , a radial to said curve at said intersection bears south 45121117" west; thence northwesterly 118. 59 feet along said curve through a central angle of 24056104 " ; thence south 89°36 ' 56" west 101. 48 feet to the east line of 5. said land conveyed to the State of California; thence south 9049149/1 east 101. 38 feet to the point of beginning. Excepting all oil , gas , minerals and hydrocarbon substances lying below a depth of 500 feet from the surface of said land, but without the right of entry upon any portion of the surface , as reserved by C. W. Hester and others , in the deed recorded February 7, 1964 in Book 6916 , page 501 of Official Records. SECTION 2. The Development Services Director is hereby di- rected to amend Section 9061 , District Map 14 (Sectional District Map 13-6-11 ) to reflect Zone Case No . 82-5 , described in Sec- tion 1 hereof. A copy of said district map , as amended hereby is available for inspection in the office of the City Clerk. SECTION 3. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of__ may 1982. Mayor ATTEST : APPROVED AS TO FORM: City Clerk City torn REVIEWED-AND APPROVED: INITIATED AND APPROVED : City Administrat` r Director of Development Services 6. PLANNING ZONING DM 14 SECTIONAL DISTRICT MAP 13-6- 11 D� SCALE IN FEET NOTE CITY 0F N DIMENSIONS ARE IN FEET. ADOPTED MARCH 7, 1960 ZONE ADJOINING ANY—Of WAY IS"TEND Ep TO EXTEND TO THE CENTER 1p - CITY COUNCIL ORDINANCE NO.754 OF SUCH RIGHT or WAY LEGEND AMENDED ORD.NO. AMENDED. ORD.NO. ® TWO FAMILY RESIDENCE DISTRICT HUNTINGTON BEACH 10-16-61 821 4-17-67 ,3,7 RA INDU RESIDENTIAL AGRICULTURAL DISTRICT 3-6-61 BYI 6-16_67 1330 M2 INDUSTRIAL D1srR¢i 5-7-- 900 7-1-68 1426 MI LIGHT INDUSTRIAL DISTRICT 6-18-62 906 9-3-68 1440 MI-A RESTRICTED MANUFACTURING DISTRICT 8-5_63 992 I_ 1464 R4 MULTIPLE FAMILY RESIDENCE DISTRICT ORANGE COUNTY, CALIFORNIA ID_,_63 1DD7 6-I6-71 664 R3 LDMTED MULTIP E FAMILY RESIDENCE WSTRCT I-20-64 1031 3-20-71 1732 I-�1 HIGHWAY COMMERCIAL DISTRICT 2-17-64 1037 6-5-72 1748 � OFFICE PROFESSIONAL DISTRICT AMENDED BY ZONE CASE: 3-2-64 1041 12-19-77 2252 C9� COMBINED WITH OIL PRODUCTION $-4-64 1055 2-8-78 2336 RI SINGLE FAMILY RESIDENCE DISTRICT V.P7 131,237,253, :TB-250,390,404,402,416,443,g64,86-33,66-67,66-66,68-17,68-26,68-43,71-13, 6_15-64 1062 4-7-80 2425 � CONMURITY FACILITIES IRECREATIONAL)DISTRICT PP71-3,72-11,77-3'C';76-23,00-2, 8-19.64 1079 8-I-66 1234 ---- S LEGEND+ ---- SETBACK LINE ___- DESIGNATES FRMITE STREETS I 1 12 12 7 14 13 1 18 J l ATLANTA I1 AVE II J & 1041.65 RI 3 R3 ' R3 R3 w m R3 3 5 RI RI RI =--R3--'ii m R3 ou h-. 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M I-A-O 587.9229E 1478.25 zooz RA-0 '`9• R=56250' N y� L=21% Fk164c1= ____ _AVF _L___------- ` O S25°I6'O7"E m , 302.22 ycy � SST 0 � N.LINE S.1/2 SE V4 SEC I3-6-II S 42.04'03"E 471.60 A•6.28;29' M 2—0 _ Q r:•C,� T=56.55' J Cl S /trf M2-0 z M PACIFIC OCEAN A? 13 IB 4 19 P ANNING D IDao >> SECTIONAL DISTRICT MAP 14-5-II SCALE FEET QQ CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP 5 ( BOLSA AVE le is r � o s Cm d I` I ( I I I apE� a �acE*awN WJ LGVGOFDIA o SQ ti D, w v k LarE m CITY 0 W STMINST _ i HUNT N, EA H WNITNEY DR. A. OF C 39s EVEREST CR. tEDLW z� c0 9so v q Z 1 O DARWIN C J y F AK ITY O SIT MI It,5 ER MC FAD DEN SUGAR AVE. CITY Si`FA NS ER 1 t` 2 2 ICE-E �I CENTER - DR. I U Q I W m W I 3 T o o Z vi :..._ L, J o l0 l+ EDINGER AVE r ♦:a zzl,zn as¢� Ord. No. 2557 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I. ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of May and was again read to said City Council at a regular meeting thereof held on the 17th day of May , 19 82 , and was 'passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pat inson MacAllister, Finley, Bailey, Kelly NOES: Councilmen: Mandic, Thomas ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California h Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-offi6io Clerk of the City Cou€€cY, do hwebY certify that a synopsis of this ordinance €Las been published in the Huntington Aer: eresu€e t on ina�• 19O o '�€ c�;,W C€t CN ter of said city. 1 C.f !9 City Clerk Deputy CityClerk