Loading...
HomeMy WebLinkAboutOrdinance #3966 ORDINANCE NO. 3966 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING DISTRICT MAP 35 (SECTIONAL DISTRICT MAP 30-5-11) OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO REZONE THE REAL PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF WARNER AVENUE AND WEST OF WEATHERLY LANE (FORMER PERCY DOCK) FROM RESIDENTIAL LOW DENSITY-COASTAL ZONE-FLOOD PLAIN 2 (RL-CZ-FP2) TO OPEN SPACE- PARKS AND RECREATION-COASTAL ZONE-FLOOD PLAIN 2 (OS-PR-CZ-FP2) (ZONING MAP AMENDMENT NO. 08-001) 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. 08-001, which rezones the property generally located on the north side of Warner Avenue and west of Weatherly Lane (former Percy Dock) from Residential Low Density-Coastal Zone- Flood Plain 2 (RL-CZ-FP2) to Open Space-Parks and Recreation-Coastal Zone-Flood Plain 2 (OS-PR-CZ-FP2); 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, referred to as Parcel 1, that is the subject of this Ordinance (hereinafter referred as the "Subject Property") is generally located on the north side of Warner Avenue and west of Weatherly Lane, and is more particularly described in the map and legal description attached hereto as Exhibit A, and incorporated by reference. SECTION 2. That the zoning designation of the Subject Property is hereby changed from RL-CZ-FP2 (Residential Low Density-Coastal Zone-Flood Plain 2) to OS- PR-CZ-FP2 (Open Space-Parks and Recreation-Coastal Zone--Flood Plain 2) (Exhibit B). SECTION 3. That Huntington Beach Zoning and Subdivision Ordinance Section 201.04B District Map 35 (Sectional District Map 30-5-11) is hereby amended to reflect Zoning Map Amendment No. 08-001 as described herein. The Director of Planning and Building 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. 1 12-3387/81574 Ordinance No. 3966 SECTION. This ordinance shall become effective 30 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 3rd day of December ,20 12. Mayor ATTEST: INITIAT�' A D APPROVED: .. City Clerk Directo f PI ing and Building �A REVIEW D APPROVED: APPROVED AS FORM: Cit a er C' y Attorney mV- 2 12-3387/81574 Ordinance No. 3966 R.T_QUINN&ASSOCIATI=S EXHIBIT 'll w-0- 207027-001 P I of 1 CIVIL ENGINEERS LING SURVEYORS FOR DATE: 6-6-12 r°ma cHfiromias soi TENTATIVE PARCEL MAP NO.2011-138 DESIGNED BY: (310)3204125 Fax(310)320-5125 BM E-MailAftess:bun@NuinR.II^I IN THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA DRAWN BY: Spy ?� E'LY LINE OF THAT 400'WIDE STRIP OF LAND DESCRIBED IN PARCEL 2-CHANNEL OF THE DEED TO THE CITY OF HUNTINGTON BEACH, 1 RECORDED 7/30/70 IN BOOK 9360 PAGE 178 O.R. 21 °4O"E 203.6f r N81 r D I "� CAUFQ 1A g01lERE� S'LY LINE OF PARCEL "A" IN THE DEED TO THE "gTATE QF E AREA 1 STATE OF CALIFORNIA RECORDED 12/20/62 IN CIDPROMO 37 A GROSS& ,�, �4611g S' POSES(FFtQM 1�E o BOOK 6368 PAGE 411 O.R. FOR LASE QF CAl1Fill �QT A pA,RT ( N89051'53"E 211.35'26.00' T.P.O.B. PARCEL 1 N46035'00"E Q QRp>r ESSIQ Q PARCEL 2 11.00' j 73m N ti� �� T Q F ±40,935 S.F. �' n ;Ati ±0.94 AC. ry`b �"y' 0� ,��', C) 2 ?' PUBLIC AND Mtn�4 `r a,_ No. 24988 z � PRIVATE BOAT 2 2 Exp. 12 31/13 SLIPS AND DOCK ° m A=32°11'00" po 00 O 9j CIVIL Z A R=140.00' p A +Ott S > L=78.64' 2 o A S c PARCEL 1 7O Z ``'w. © n0�o T� z / ±42,463 S.F. tro wr N va om0 O d Z� c ±0.97 AC. p -a -s P.O.C. 4 2m 7 vn $ MARINA OFFICE a_ o SW'LY COR. LOT 4, TRACT .a p U, n $ WITH DINER, NO. 5775 RECORDED IN O 7 N RETAIL KIOSK ''� BOOK 210 PAGES 11-12 OF 0 O�0 0n .�4 9 AND PARKING M.M. (P,O.C. LOTS 1 &2) 0 0 �/O� Ar07-1 A=37057'49' q0 27Z �0 G) R=65.00' ° I. t O.k 0 '4 7A L=43.0T N89 51 53 E w I S 2 0 0 0 /Q�i �� 24.14' tl H mom y 2 �a�0�P�' w � a CP_ '-46.97 148.2T ` A=90°00'00" W O N89°51'53"E 195.24' -'I R=30.D0' C3j ttw o o l 80 L=47.12' CIDcc i� o N89°51'53"E 174.74 ±926' � WARNER AVENUE GRAPHIC SCALE w 0 40 90 15R 320 I I IN FEET ) APN:178-301-01 1 inch = 80 ft. Ordinance No. 3966 LEGAL DESCRIPTION PROPOSED PARCEL 1, TENTATIVE PARCEL MAP NO. 2011-138: THAT PORTION OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 30, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS: BOUNDED NORTHERLY BY THE SOUTHERLY LINE OF THE LAND DESCRIBED IN PARCEL A IN THE DEED TO THE STATE OF CALIFORNIA RECORDED DECEMBER 20, 1962 IN BOOK 6368, PAGE 411 OF OFFICIAL RECORDS OF SAID COUNTY; BOUNDED WESTERLY BY THE SOUTHERLY PROLONGATION OF THE CENTERLINE OF THE LAND DESCRIBED IN PARCEL 2 - CHANNEL OF THE DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED JULY 30, 1970 IN BOOK 9360, PAGE 178 OF SAID OFFICIAL RECORDS; BOUNDED EASTERLY BY THE WESTERLY BOUNDARY OF TRACT NO. 5775, AS SHOWN ON A MAP RECORDED IN BOOK 210, PAGES 11 AND 12 OF MISCELLANEOUS MAPS OF SAID COUNTY; AND BOUNDED SOUTHERLY BY THE CENTERLINE OF WARNER AVENUE, AS SAID CENTERLINE IS SHOWN ON THE MAP OF SAID TRACT NO. 5775. EXCEPT THE FOLLOWING DESCRIBED PARCEL; COMMENCING AT THE SOUTHWESTERLY CORNER OF,LOT 4 AS SHOWN ON THE MAP OF TRACT NO. 5775 RECORDED IN BOOK 210 PAGES 11 AND 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, THENCE NORTH 19°00'00" WEST ALONG THE WESTERLY LINE OF SAID LOT 4, 357.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 19000'00" WEST, 26.00 FEET TO THE SOUTHERLY LINE OF PARCEL A OF THE DEED TO THE STATE OF CALIFORNIA RECORDED DECEMBER 20, 1962 AS RECORDED IN BOOK 6368 PAGE 411., O.R.; THENCE SOUTH 89°51'53" WEST ALONG SAID SOUTHERLY LINE, 211.35 FEET TO THE CENTERLINE OF SAID 400 FOOT WIDE STATE OF CALIFORNIA CHANNEL; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID CENTERLINE SOUTH 19°00'00" EAST, 415.10 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID WARNER AVENUE (60 FEET FROM SAID CENTERLINE OF WARNER AVENUE); THENCE ALONG SAID NORTHERLY LINE NORTH 89051'53" EAST, 46.97 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 65 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 48°27'14" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37"57'46", AN ARC DISTANCE OF 43.07 FEET; THENCE TANGENT TO SAID CURVE NORTH 03°35'00" WEST 173.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 140 FEET, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32011'00", AN ARC DISTANCE OF 78.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 28°36'00" EAST 83.44 FEET; THENCE NORTH 46035'00" EAST 11.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT THE SOUTHERLY 60 FEET OF SAID PROPERTY(WARNER AVENUE) EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES AND ALL OTHER MINERALS OF EVERY KIND AND CHARACTER (EXCEPT WATER AND RIGHT TO APPROPRIATE OF DIVERT WATER, WHETHER SUCH RIGHTS BE VESTED OR CONTINGENT) IN, UNDER OR RECOVERABLE FROM SAID LAND WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE OF SAID LAND ABOVE 500 FEET BELOW THE PRESENT NATURAL LEVEL OF THE SURFACE OF SAID LAND, AS RESEVED IN VARIOUS DEEDS TO JASAM INC., A CORPORATION, RECORDED OCTOBER 11, 1960 IN BOOK 5456, PAGES 410 AND FOLLOWING OF OFFICIAL REC QROF SIO�Y. �%%'T T. SAID PARCEL CONTAINS: 142,463 S.F. !t0.97 ACRES, MORE OR LESS. ui No.24988 m C1V11- a�Q' OF CAQ Ordinance No. 3966 2 'S oav port F\n`Stett Le9e d Ctc o K`tite� 7 P� t ate�Cn. A RM OS-PR Aladdin Dr. Aladdin Dr. IF o Warner Ave. Subject Site Bolsa Chica Wetlands (County of Orange) Exhibit B Amended Zoning Map Zoning Designations Residential Commercial Mued Uu POU mk.u..eom ® M.&.d Low Deovty Commcrtial Vivmr ® Mixed Uz-TmmCrntcr PublieSMniWblic ® SpecificRm Dmigm ns atadmrod Medium Dmury Cammcrtial General Qualified Clazificeuon _ Mndenud Medium Hgh Dmvty Commcmial office ComervNivu open Spate Pucek _ I vend Medium Hgh Dcnmv Indmtrul Couial Conservation Pans and Recmmon SubdismM Q Right of Wan.addgM.Channels (Small Lm Subdim d) Shomlim Subdi d Residential High Densisv 1Mumid Gen.W WwrRcmasion SuWtmiet - Revdenhnl Agficuliuz lndmoia Llmiud Manufzmred Horan Park Ord. No. 3966 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 Regular meeting thereof held on November 19,2012, and was again read to said City Council at a Regular meeting thereof held on December 3, 2012, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman 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 Independent on December 13,2012. In accordance with the City Charter of said City Joan L. Flynn, Ci Clerk City Clerk and ex-officio erk Ct, -Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California