HomeMy WebLinkAboutOrdinance #3820 ORDINANCE NO. 3820
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING DISTRICT MAP 15 (SECTIONAL DISTRICT MAP 14-5-11)
TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF GOTHARD STREET AND CENTER AVENUE FROM
CG (COMMERCIAL GENERAL) TO
MU-TCD (MIXED USE-TRANSIT CENTER DISTRICT)
(ZONING MAP AMENDMENT NO. 07-001)
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. 07-001, which rezones the
property generally located at the southeast corner of Gothard Street and Center Avenue from CG
(Commercial General)to MU-TCD (Mixed Use-Transit Center District); 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 as the "Subject Property") is generally located at the southeast corner of Gothard Street
and Center Avenue, and is more particularly described in the legal description and sketch
attached hereto as Exhibits A and B, respectively, and incorporated by reference as though fully
set forth herein.
SECTION 2. That the zoning designation of the Subject Property is hereby changed
from CG (Commercial General) to MU-TCD (Mixed Use-Transit Center District).
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Ordinance No. 3820
SECTION 3. That Huntington Beach Zoning and Subdivision Ordinance Section
201.04B District Map 15 (Sectional District Map 14-5-11) is hereby amended to reflect Zoning
Map Amendment No. 07-001 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 passage.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of November , 2008.
l A A
Mayor
ATTEST: APPROVED AS TO FORM:
Clerk 4ityAtto ey
G -11-os
REVIEW D A APPROVED: INITIATED AND APPROVED:
City/�dmiplistrator Director o lanning
ATTACHMENTS
Exhibit A: Legal Description
Exhibit B: Sketch
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Ordinance No. 3820
Page 1 of 2
EXHIBIT "A"
LEGAL.DESCRIPTION
PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 211, PAGES 25 AND 26 OF
PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL l; THENCE ALONG THE j
SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 89032'15" WEST 605.52 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF
i
SAID PARCEL 1 NORTH 00039'08" WEST 287.89 FEET TO THE BEGINNING OF A
I
TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 32.00 FEET,
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90011'23" AN ARC DISTANCE OF 50.37 FEET; THENCE ALONG THE NORTHERLY LINE
OF SAID PARCEL 1 NORTH 89032'15" EAST 231.71 FEET TO THE BEGINNING OF A
1
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 396.43 FEET,
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13021,461,
AN ARC DISTANCE OF 92.46 FEET TO THE MOST NORTHERLY CORNER OF SAID {
PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 FOR THE
FOLLOWING THREE COURSES: SOUTH 00°39'35" EAST 120.73 FEET; THENCE NORTH
a
89032'15" EAST 250.00 FEET; THENCE SOUTH 00°3935" EAST 210.00 FEET TO THE
POINT OF BEGINNING. j
o a
EXCEPTING THEREFROM A PORTION THEREOF 50/o OF A 100/o OF ALL MINERALS,
GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES IN,
UNDER, OR THAT MAY BE PRODUCED OR RECOVERED FROM THAT PORTION OP
SAID LAND BELOW A DEPTH OF 500 FEET FROM ITS SURFACE, WITH AND
INCLUDING IN SUCH EXCEPTION AND RESERVATION, FOR THE BENEFIT OF THOSE
ENTITLED THERETO, THE RIGHT AT ANY AND ALL TIMES TO ENTER UPON AND
INTO ANY AND ALL PARTS OF THE PORTION OF SAID LAND BELOW SUCH DEPTH OF
500 FEET FROM ITS SURFACE FOR THE PURPOSE OF EXPLORING AND DRILLING
FOR, MINING, DEVELOPING, REMOVING AND EXTRACTING ANY AND ALL SUCH
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Ji
I
Ordinance No. 3820
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
SUBSTANCES BY SLANT OR DIRECTIONAL DRILLING OR OTHER OPERATIONS FROM
OTHER LAND, ENTERING INTO AND PENETRATING THE LAND THE SUBJECT
HEREOF, ONLY BELOW SUCH DEPTH OF 500 FEET FROM ITS SURFACE BUT WITH
(AND THERE SHALL BE)NO RIGHT UNDER SUCH EXCEPTION AND RESERVATION OF
ENTRY UPON OR USE OF THE SURFACE OR SUBSURFACE TO A DEPTH OF 500 FEET
BELOW THE SURFACE, AS RESERVED BY DOROTHY THAYER PECK, IN DEED
RECORDED OCTOBER 1, 1959, IN BOOK 4907, PAGE 389 OF OFFICIAL RECORDS,
CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST COMPANY A
CALIFORNIA CORPORATION, ALL AS TRUSTEES OF THE TRUST UNDER WRITTEN
DECLARATION THEREOF BY CARR.IE A. PECK, DATED DECEMBER 18, 1936,AS TO AN
UNDIVIDED 25% OF SAID 100% INTEREST, AND BY DOROTHY T. PECK, A WIDOW, IN
HER INDIVIDUAL CAPACITY, AS TO AN UNDIVIDED 25%OF SAID 100%INTEREST.
ALSO EXCEPTING FROM THAT PORTION THEREOF LYING BELOW A DEPTH OF 500
FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE WITHOUT,
HOWEVER, THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR
THROUGH THE SURFACE OF SAID PROPERTY OR ANY PART THEREOF LYING
BETWEEN SAID SURFACE OF 500 FEET BELOW SAID SURFACE, AS EXCEPTED IN THE
GRANT DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY RECORDED
JUNE 30, 1986 AS INSTRUMENT NO. 86-277355 OF OFFICIAL RECORDS.
CONTAINING 3.82 ACRES, MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
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DOUG S W. MASSON S DATE ,� `� No. 17706 �
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R.C.E. 17706 06-30-2009
EXPIRES: 06-30-20099T Cl V l\-
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Ordinance No. 3820
SHEET 1 OF 1
EXHIBIT 'B'
CENTER STREET o R=396.43'„
-13*21 46
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Q-�iy��1 N89'32'15"E 231.71' <* z
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40 40' 4
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PIS 85-296,
a Co BK 211 PG 25-26
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142-074-06 l 142-074-12 0
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N89'32'15"E 605.52' P.O.B.,
LEGEND: SE CORNER i
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P.OB. POINT OF BEGINNING I
ALL BEARINGS AND DISTANCES SHOWN
HEREON ARE RECORD PER PM 85-298,
BK 211, PG 25-26
APN's: 142-074-06 AND 142-074-12
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_ THIS PLAT WAS PREPARED BY ME OR
c5 o No. 17706 Z'6 UNDER MY DIRECTION.
Exp. 0 50 100 200
06-30-2009\*qTF W. 8 -7 D$` ClV�L�pc�� DOU AS W. MASSON, SCALE IN FEET
OF CALF R.C.E. 17706 GRAPHIC SCALE
EXP ES: 06-30-2009 1"=100'
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DATE. Aug 12. 00 5.39pm by.Jgervals
FILET.\08\8027\PROD\Mapping\Legals do Plats\8027plat.dwg BOUNDARY PLAT FOR
MASSON & ASSOCIATES, INC. PARCEL 1 , PM 85-298,
PLANNING v ENGINEERING v SURVEYING
200 E. WASHINGTON AVE.• SUITE 200•ESCONDIDO•CA 9 20 25-1 81 6 BK 211 , PG 25-26
TEL (760) 741-3570•FAX (760) 741-1786.www.mosson—assoc.com f
Ord. No. 3820
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk 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 special
meeting thereof held on November 10,2008, and was again read to said City Council at
a regular meeting thereof held on November 17, 2008, and was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
47
Independent on November 27,2008.
In accordance with the City Charter of said City
Joan L. Flynn, Qfty Clerk Cto Clerk and ex-officio Merk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California