HomeMy WebLinkAboutCity Council - 98-95 RESOLUTION NO. 9g-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
APPROVING GENERAL PLAN AMENDMENT NO. 97-1
WHEREAS, General Plan Amendment No. 97-1 concerns the 13.89 gross acre area
generally located on the south side of Talbert Avenue approximately 300 feet east of Beach
Boulevard(hereinafter referred to as the "Subject Property"), more particularly described in the
legal description and sketch attached hereto as Exhibits A-1 and A-2,respectively, which
Exhibits are incorporated by this reference as though fully set forth herein; and
General Plan Amendment No. 97-1 proposes to amend the Land Use Element of the
General PIan, to change the general plan designation for the Subject Property from P (RL)
(Public with an underlying designation of Low Density Residential) to CG-F 1 (General
Commercial with a Floor Area Ratio of.35); and
Pursuant to the California Government Code, the Planning Commission of the City of
Huntington Beach, after notice duly given, held a public hearing on August 11, 1998, and
October 27, 1998,to consider General Plan Amendment 97-1, and recommended denial to the
City Council; and
Pursuant to the California Government Code,the City Council of the City of Huntington
Beach, after notice duly given, held a public hearing to consider General Plan Amendment 97-1;
and
The City Council finds that General Plan Amendment No. 97-1 is necessary for the
changing needs and orderly development of the community, and are necessary to accomplish the
goals and objectives of the General Plan and are consistent with the other elements of the
General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the City Council desires to update and refine the General Plan in keeping
with changing community needs and objectives.
2. That General Plan Amendment No. 97-1 is necessary to accomplish refinement of
the General Plan and is consistent with the other elements of the General Plan.
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Res. No. 98-95
3. That the City Council finds that through the implementation of the mitigation
measures addressed in Environmental Impact Report No. 97-1, some of the potentially adverse
impacts associated with the proposed project can be eliminated or reduced to a level of
insignificance and has made appropriate findings as found in the Statement of Overriding
Considerations, a copy of which is attached hereto as Exhibit`B" and incorporated by this
reference as though fully set forth herein.
4. That the City Council further finds that the benefits accruing to the City by virtue
of implementing the General Plan, override the umnitigable effects outlined in Environmental
Impact Report No. 97-1, as detailed in the Statement of Overriding Considerations (see Exhibit
«B„
5. That said General Plan Amendment No. 97-1 is hereby approved and adopted.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned
regular meeting held on the 14th day of December , 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
1 er y ttorne
2C't- �a- 5 tz.)
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City A inistrator re for of Pl ing
Attachments
Exhibit A-1: Legal Description of Subject Property
Exhibit A-2: Sketch of Subject Property
Exhibit B: Statement of Overriding Considerations
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RESOLUTION NO. 98-95
A - 1
"[=FWD OR-9632396
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THE OFFICER.pwEtg
ALL THAT CERTAIN LAND SrrUATM W 'CFiE STATE OF CALIFQi2.�IA, COUNTY OF ORANGE, CTTy .pF
HUNTINGTON BEACH,.r)FSCRIDED AS VOLL6w5:
PARCEL I:
THE EAST HALF OF THE NORTHWEST QUARTER aF 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 SARAN 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 MARKET04G 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.
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RESOLUTION NO. 98-95
EXHIBIT B
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 environmental impacts
in determining whether to approve the project. The project will result in environmental effects of
Air Quality and Land Use,which, although mitigated 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.
♦ The proposed land use and zoning map amendments to General Commercial for up to a
maximum of 175,000 square feet of general retail commercial development, are consistent
with and implement City of Huntington Beach Resolution No. 96-57, adopted by the City
Council on July 1, 1996. This resolution encourages 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.
♦ The proposed land use and zoning map amendments to General Commercial will increase
employment opportunities in the City of Huntington Beach including short-term construction
employment and long-term employment opportunities associated with potential future
construction of up to 175,000 square feet of general retail commercial development.
♦ The proposed land use and zoning map amendments to General Commercial and a potential
for up to 175,000 square feet of general retail commercial development will generate lease
revenue for the Ocean View School District, which will utilize the funds for facilities and
programs within the Ocean View School District.
♦ The proposed land use and zoning map amendments to General Commercial and a potential
for up to 175,000 square feet of general retail commercial development 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.
♦ The proposed land use and zoning map amendments to General Commercial and a potential
for up to 175,000 square feet of general retail commercial development will have a positive
fiscal effect on the City of Huntington Beach. It will generate substantial additional revenues
(assuming a future project condition of approval limiting a minimum of 10% to a maximum
of 20% of"big box" floor area devoted to display of non-taxable sales items) to the City of
Huntington Beach.
(g:madera/crestvie/override)
CREST VIEW SCHOOL/WAL*MART
STATEMENT OF OVERRIDING CONSIDERATIONS
0
The California Environmental Quality Act(CEQA) requires a public agency to balance the
benefits of a proposed project against its significant unavoidable adverse environmental impacts
in determining whether to approve the project. The project will result in environmental effects of
Air Quality and Land Use,which, although mitigated 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.
♦ The proposed land use and zoning map amendments to General Commercial for up to a
maximum of 175,000 square feet of general retail commercial development, are consistent
with and implement City"of Huntington Beach Resolution No. 96-57, adopted by the City
Council on July 1, 1996. This resolution encourages 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.
♦ The proposed land use and zoning map amendments to General Commercial will increase
employment opportunities in the City of Huntington Beach including short-term construction
employment and long-term employment opportunities associated with potential future
construction of up to 175,000 square feet of general retail commercial development.
♦ The proposed land use and zoning map amendments,-to General Commercial and a potential
for up to 175,000 square feet of general retail commercial development will generate lease
revenue for the Ocean View School District, which will,utilize the funds for facilities and
programs within the Ocean View School District.
♦ The proposed land use and zoning map amendments to General'Commercial and a potential
for up to 175,000 square feet of general retail commercial development 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.
♦ The proposed land use and zoning map amendments to General Commercial and a potential
for up to 175,000 square feet of general retail commercial development will have a positive
fiscal effect on the City of Huntington Beach. It will generate substantial additional revenues
(assuming a future project condition of approval limiting a maximum of 10% of"big box"
floor area devoted to display of non-taxable sales items)to the City of Huntington Beach.
(G:MaderalCrestvieloverride)
Res. No. 98-95
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, CONNIE BROCKWAY,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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at an adjourned regular meeting thereof held on the 14th day of December, 1998
by the following vote:
AYES: Julien, Dettloff, Bauer, Garofalo
NOES: Harman, Green, Sullivan
ABSENT: None
er
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California