HomeMy WebLinkAboutCity Council - 2008-67 RESOLUTION NO. 2008-67
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH APPROVING
GENERAL PLAN AMENDMENT NO. 07-003
WHEREAS, General Plan Amendment No. 07-003 proposes to amend the Land Use
Element of the City's General Plan to redesignate an approximate 3.8 acre piece of real property
located on the southeast corner of Gothard Street and Center Avenue, as more particularly
described as Exhibits "A" and `B" attached hereto, from CG-Fl-d (Commercial General — 0.35
Floor Area Ratio — Design Overlay) to M-F7-d (Mixed Use — 3.0 Floor Area Ratio — Design
Overlay). The amendment also includes removing the subject area from Subarea 5E of the
Community District and Subarea Schedule of the General Plan.
Pursuant to California Government Code, the Planning Commission of the City of
Huntington Beach, after notice duly given, held a public hearing to consider General Plan
Amendment No. 07-003 and recommended approval of said entitlement to the City Council; and
Pursuant to 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 No.
07-003; and
The City Council finds that said General Plan Amendment No. 07-003 is necessary for
the changing needs and orderly development of the community, is necessary to accomplish
refinement of the General Plan, and is consistent with other elements of the General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1: That the real property that is the subject of this Resolution (hereinafter
referred to as the "Subject Property") is generally located on the southeast corner of Gothard
Street and Center Avenue in the City of Huntington Beach, and is more particularly described in
the legal description and sketch attached hereto as Exhibits "A" and `B", respectively, and
incorporated by this reference as though fully set forth herein.
SECTION 2: That General Plan Amendment No. 07-003, which amends the General
Plan Land Use Designation for the subject area from CG-Fl-d (Commercial General—0.35 Floor
Area Ratio — Design Overlay) to M-F7-d (Mixed Use — 3.0 Floor Area Ratio — Design Overlay)
08-1818/26371 1
Resolution No. 2008-67
and the removal of the subject area from Subarea 5E of the Community District and Subarea
Schedule, is hereby approved. The Director of Planning is hereby directed to prepare and file an
amended Land Use Map. A copy of said map, as amended, shall be available for inspection in
the Planning Department.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 10th day of November , 2008.
IJ144� �!44Ao
Mayor
REVIEW APPROVED: INITIA D AND APPROVED:
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City A ' i trator Dire or of'Planning
APPROVED AS TO FORM:
Jiity�Atto ey
G )7 OAS
ATTACHMENTS
Exhibit A: Legal Description
Exhibit B: Sketch
08-1818/26371 2
Resolution No. 2008-67
Pagel 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 1; 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
TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 32.00 FEET,
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
i
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 }
TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 396.43 FEET,
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13021,46"
AN ARC DISTANCE OF 92.46 FEET TO THE MOST NORTHERLY CORNER OF SAID I
PARCEL 1; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL I FOR THE
FOLLOWING THREE COURSES: SOUTH 00°39'35" EAST 120.73 FEET; THENCE NORTH I
89032'15" EAST 250.00 FEET; THENCE SOUTH 0003935" EAST 210.00 FEET TO THE
POINT OF BEGINNING.
0 0
EXCEPTING THEREFROM PORTION THEREOF 50/o OF A 100/o OF ALL MINERALS, �
GAS, OIL, PETROLEUM, NAPHTHA AND OTHER HYDROCARBON SUBSTANCES IN,
I
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
y
IA08\8027\PR0D\Mapping\Lega1s&Plats\8027LEGAL.doc
Resolution No. 2008-67
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
i
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 CARRIE 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.
I
CONTAINING 3.82 ACRES, MORE OR LESS. j
i
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
oQROFESSI�
W. �s � i
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o No. 17706 z
DOUG S W. MASSON DATE Exp.
R.C.E. 17706 06-30-2009
EXPIRES: 06-30-2009 C 1 V 1
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Resolution No. 2008-67
SHEET 1 OF 1
EXHIBIT 'B'
CENTER STREET o R=396.43'
'✓=13'21'46
� N89°32'15"E 231.71' L=92•46
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40' 40' w�`�,-
0 N89°32'15"E 250.00'
w , `0
c%j
PARCEL 1, o
PM 85-298, � LZ
Q 00 o BK 211 PG 25-26 w
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o I
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z
142-074-06 ' 142-074-12
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N89°32'15"E 605.52'
P.O.B.,
LEGEND:
SE CORNER
i
P.OB. POINT OF BEGINNING (.
ALL BEARINGS AND DISTANCES SHOWN f
HEREON ARE RECORD PER PM 85-298,
BK 211, PG 25-26
APN's: 142-074-06 AND 142-074-12 j
SESS/�,�
�v�PS W.
THIS PLAT WAS PREPARED BY ME OR
p o No. 17706 z UNDER MY DIRECTION.w Exp. 9 0 50 100 200
�06-30-2009\� � � 8
9T Cl v1\" DOU AS W. MASSON R.C.E. 17706 SCALE IN FEET
FOF CAI.�F� EXP ES: 06-30-2009 GRAPHIC SCALE I
N
1"=100' '
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DATE: Aug 1 Z. 06 5:39pm by.jgerrois
FILE.1.\08\8027\PROD\Mapp1ng\Lego1a & Plots\8027plat.dwg BOUNDARY PLAT FOR
YASSON & ASSOCIATES, INC. I
PARCEL 1 , PIS �5®29B LA PLANNING v ENGINEERING v SURVEYING , 1
200 E. WASHINGTON AVE.v SUITE 200 v ESCONDIDO v CA 9 2025-1 81 6 BK 211 , PG 25-26
TEL (760) 741-3570 v FAX (760) 741-1786 v www.mosson—casoc.com
Res. No. 2008-67
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on November 10, 2008 by the following vote:
AYES: Hansen, Bohr, Cook, Coerper, Green, Carchio
NOES: Hardy
ABSENT: None
ABSTAIN: None
QM61)
Cityplerk and ex-officio Cyrk of the
City Council of the City of
Huntington Beach, California