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Home My WebLink AboutOrdinance #3408 ORDINANCE NO. 3408 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION CODE BY AMENDING DISTRICT MAP 40 (SECTIONAL DISTRICT MAP 36-5-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TALBERT AVENUE APPROXIMATELY 300 FEET EAST OF BEACH BOULEVARD FROM PS (PUBLIC-SEMI PUBLIC) TO CG (GENERAL COMMERCIAL) (ZONING MAP AMENDMENT NO. 97-1) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Map Amendment No. 97-1, which rezones the property generally located on the south side of Talbert Avenue approximately 300 feet east of Beach Boulevard from PS- (Public-Semi Public-) to CG(General Commercial); and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That the real property that is the subject of this Ordinance (hereinafter referred to as the "Subject Property") is generally located on the south side of Talbert Avenue - approximately 300 feet east of Beach Boulevard, and is more particularly described in the legal descriptions and sketch attached hereto as Exhibits A and B, respectively, and incorporated by reference as though fully set forth herein. 1 4/s:PCD:Ordinance:Amd97-1 RLS 99-454 121119& 3408 SECTION 2. That the zoning designation of the Subject Property is hereby changed from PS (Public-Semi Public)to CG(General Commercial). SECTION 3. That Huntington Beach Zoning and Subdivision Code Section 201.04B District Map 40 (Sectional District Map 36-5-11) is hereby amended to reflect Zoning Map Amendment No. 97-1 as described herein. The Director of Planning is hereby directed to prepare and file an amended map. A copy of said District Map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. 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 day of r A 1, 1998. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City A mistrator r &tor of Pladuatig ATTACHMENTS: Exhibit A: Legal Description Exhibit B: Sketch 2 4/s:PCD:Ordinance:Amd97-1 RiS 98-454 12/1198 EXHIBIT A 3408 t �z r AUs Plain uazeccmmi +: OR-963239E TI1z.E OFFICER-ov#T_v_ ALL TH,.kT CERTAIN LAND SATED IN THE STATE OF.CALMOPNIA.. COUNTY -OF ORANGE, CITY .OF HUNI'INGTON BEACH,.DESCRIBED AS FOLLOWS:' PARCEL I: THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION THIRTY-SIX, TOWNSHIP 5 SOUTH, RANGE ELEVEN WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ONE-HALF OF ALL OIL, PETROLEUM,NATURAL GAS,MINERAL RIGHTS AND OTHER HYDROCARBON SUBSTANCES IN,ON OR UNDER THE ABOVE DESCRIBED PROPERTY, BUT WITHOUT THE RIGHT OF ENTRY ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING FOR, EXTRACTING, MINING, BORING, REMOVING OR MARKETING SAID SUBSTANCES AS.RESERVED IN DEED FROM SARAH G. GROVES, A WIDOW,TO BEN G. GAUTIER AND WIFE RECORDED DECEMBER 1, 1954 IN BOOK 2882, PAGE 346 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ONE-HALF OF ALL OIL, PETROLEUM, NATURAL GAS, MINERAL RIGHTS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER THE ABOVE DESCRIBED PROPERTY. BUT WITHOUT THE RIGHT OF ENTRY ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING FOR,EXTRACTING, MINING,BORING, REMOVING OR MARKETING SAID SUBSTANCES, AS RESERVED BY BEN G. GAUTIER AND WIFE BY DEED RECORDED JANUARY 20, 1960. PARCEL 2. THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION THIRTY-SIX, TOWNSHIP FIVE SOUTH, RANGE ELEVEN WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL, PETROLEUM, NATURAL GAS, MINERAL RIGHTS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER THE ABOVE DESCRIBED PROPERTY, BUT WITHOUT THE RIGHT OF ENTRY ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING FOR, EXTRACTING, MINING, BORING, REMOVING OR MARKETING SAID SUBSTANCES, AS RESERVED BY DONALD M. SMITH AND OTHERS BY DEED RECORDED JANUARY 20, 1960. _ EXHIBIT B _� R .fat+ .�� j��,�"'; '•'ww L•,77•�� • A' 11F,.N.W.114,#VWW,SEC X,r.5S R.nW. I67-60 raceERr o- t t MR� k W 0 L =lad SUBJECT SITE{ a MOD r f$,-VdW UfAIE raRr$C#V0M CO PAR 1. 49 Q e Q t i nMY M I" MARCH 1982 PARC£C MAP P At AS-33,-9 3•l3 NOTE•ASSESSOR'S SIOCKZIC d ASSESSOR'S MAP CD FARM NUMBERS BOOK15T PAGE48SHOWN IN CORMS COUNTY.OF ORANGE o co f� mrst American Title insurance Company THIS W 1S FOR INFORMA7 N ORLY AND IS NOT A IDART OF TMS TTTLL'MOFACE _,_ - ... -... _ ... CREST VIEW SCHOOL/WAL*MART STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its significant unavoidable adverse enwonsneiital impacts in determining whether to approve the project. The'project will result in'environrmental effects which, although rniiigated to the extent feasible by the implementation of mitigation measures, will remain significant unavoidable adverse impacts as discussed in the Environmental Impact Report and Findings. The City of Huntington Beach has determined that the significant unavoidable adverse impact of this project are acceptable when balanced against the benefits of this project. In making this determination, the factors and public benefits provided below were considered. 1. The proposed project is consistent with the implements the City of Huntington Beach Resolution No. 96-57. On July 1, 1996,the City Council of the City of Huntington Beach adopted a resolution encouraging consideration of applications for commercial development on large parcels of land adjacent to major arterial highways or other vacant or underutilized parcels in the City, including vacant/surplus school sites, or any other vacant or underutilized sites or parcels in the City of Huntington Beach. 2. The proposed project will increase employment opportunities in the City of Huntington Beach including short-term construction employment and long-term employment opportunities associated with the construction of a 145,000 square foot Wal*Mart and three ancillary restaurant/retail pads. 3. The project will contribute required Traffic Impact Fees to the City ofHuntington Beach, which in turn will help the City complete its Circulation System, 4. The proposed project will contribute toward revitalization of marginal commercial uses in the area and will serve as a catalyst to stimulate other business opportunities and widen the employee base of the community. 5. The proposed project will have a positive fiscal effect on the City of Huntington Beach. It will generate between$400,000 -$450,000 of sales tax annually to the City of Huntington Beach. Property tax will also add approximately $40,000 in annual revenue. (G:.tiiaderr/Crestvi doverride) — � Kt�Stir � S .c ANACHME.. NT [�• Ord. No. 3408 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH } I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio CIerk of the City Council of 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 14th day of December, 1998, and was again read to said City Council at a regular meeting thereof held on the 4th day of January, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Julien, Bauer, Garofalo, Dettloff NOES: Green, Harman, Sullivan ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-oflwcio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on 00, 19 77 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway City Clerk of the City Council of the City eputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 1/6199