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Home My WebLink AboutVacation - Frontage Road Along Southeast Corner of Beach Bou 7- Council/Agency Meeting Held Deferred/Continued to l App ov d 0 onditionall Approv d ❑ Denied , .Llt�'C er /Signatuw Council Meeting Date August 16 2010 Department ID Number PW 10-013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson City Administrator PREPARED BY Travis K Hopkins PE Director of Public Works SUBJECT Adopt Resolution No 2010-58 declaring intent to vacate the frontage road along the southeast corner of Beach Boulevard and Atlanta Avenue and schedule a Public Hearing on October 18 2010 Statement of Issue A resolution of intent is required to vacate excess public right-of-way pursuant to Division 9 Part 3, Chapter 3 of the California Streets and Highways Code The resolution will set a public hearing date of October 18 2010 to consider public input regarding the vacation Financial Impact No funding required for this action Recommended Action Motion to A) Adopt Resolution No 2010-58 A Resolution of the City Council of the City of Huntington Beach Declaring Intent to Process a General Street Vacation of Public Frontage Road at Beach and Atlanta and B) Fix a time for the public hearing of October 18 2010 for all persons interested in or objecting to the proposed street vacation Alternative Actions) Deny the recommended action -69- Item 9 - Page I REQUEST FOR COUNCIL ACTION MEETING DATE 8/16/2010 DEPARTMENT ID NUMBER PW 10-013 Analysis In 1966 the subject parcel was deeded to the State of California for freeway and adjacent frontage road use (Exhibits A B) In 1968 the State relinquished the portion of the parcel underlying the frontage road to the City of Huntington Beach The remaining portion a vacant strip of land between Beach Boulevard and the frontage road was relinquished to the Sassoon-Mayer Development Company in 1983 On May 4 2009 the Sassoon-Mayer Development Company majority owner of the Beach Promenade shopping center received City Council approval of Conditional Use Permit (CUP) 2008-13 and Variance (VAR)_2008-07 which proposed to remodel the existing Beach Promenade shopping center Since then the owner has amended the application with the intent to expand the center by acquiring and merging the frontage road parcel with the existing Beach Promenade to the east and vacant parcel to the west The amended project allows for expansion of the existing parking and landscaping and would create three new parcels and the associated building pads for future retail uses The application was approved by the Planning Commission on June 22 2010 Staff has determined that the frontage road is excess right-of-way and is not necessary for street or highway purposes The proposed street vacation would not conflict with the requirements of the Orange County Congestion Management Program (CMP) or Master Plan of Arterial Highways (MPAH) An existing water line and gas main within the frontage road requires that the City reserve easements along the said utility lines which will occur concurrently with the vacation process On February 9 2010 the Planning Commission approved General Plan Conformance (GPC) 09-007 with a finding that the proposed street vacation conforms to the City s General Plan Following the City Council approval of the Resolution of Intent notice will be given of a public hearing on October 18 2010 On or before that date the public has the opportunity to address the proposed action At the October 18 meeting a Resolution Ordering the Street Vacation will be presented for the City Council s approval If approved the Resolution will be recorded with the County of Orange and the street vacation will become effective Environmental Status The proposed project is categorically exempt pursuant to Class V Alterations in Land Use Limitations sub-section (a) minor street alley and utility easement vacations of Resolution No 4501 of the City of Huntington Beach Strategic Plan Goal Enhance Economic Development Attachment(s) ® ® e 1 Resolution No 2010-58 A Resolution of the City Council of the City of Huntington Beach Declaring Intent to Process a General Street Vacation of Public Frontage Road at Beach and Atlanta Item 9 - Page 2 -70- ATTACHMENT # 1 RESOLUTION NO 2010-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING TON BEACH DECLARING INTENT TO PROCESS A GENERAL STREET VACATION OF PUBLIC FRONTAGE ROAD AT BEACH AND ATLANTA The City Council of the City of Huntington Beach does hereby resolve as follows SEC"IION 1 A public meeting was held before the Planning Commission on February 9, 2010, at which time it was determined pursuant to Government Code Section 65402 that the proposed general street vacation of the public frontage road at the southeast corner of Beach and Atlanta Streets conformed to the City's general plan SECTION 2 Pursuant to Division 9 Part 3 Chapter 2 of the California Streets and Highways Code, commencing with Section 8320 the City Council of the City of Huntington Beach hereby declares its intention to process a general street vacation of the public frontage road at the southeast corner of Beach and Atlanta as described and depicted on the attached Exhibits A and B which are incorporated herein by this reference The City hereby reserves and excepts from the vacation a permanent easement and right at any time or from time to time to construct maintain operate replace remove and/or renew water lines and for the transportation or distribution of water, including access to and from the property for said purpose SECTION 3 The City Clerk is directed to maintain on file in the office of the City Clerk maps or plans showing the particulars of the proposed general street vacation of the public frontage road at the southeast corner of Beach and Atlanta and reference is hereby made to such maps and plans for particulars as to said proposed vacation SECTION 4 The City Council does hereby fix October 18, 2010 at the hour of 6 00 p in or as soon thereafter as the matter may be heard in Council Chambers in the Civic Center as the time and place for hearing all persons interested in or objecting to the proposed vacation which time is not less than fifteen (15) days from the passage of this resolution SECTION 5 The City Clerk is directed to cause a copy this resolution to be published in a weekly newspaper, published and circulated in Huntington Beach for at least two successive weeks prior to the time set herein for the public hearing SECTION 6 The Director of Public Works is directed to post, or cause to be posted notices of vacation conspicuously along the easement proposed to be vacated at least two weeks before the date of the hearing The notices shall be posted not more than 300 feet apart but at least three notices shall be posted The notices shall state the day hour and place of the hearing 07 11A 002/D0490 1 HALM Resolution No 2010-58 and shall refer to the adoption of this resolution of intention and shall describe the easement or shall include a map or plan showing the location of the easement proposed to be vacated PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 16th day of August 2010 /-A if M or REVIE ND APPROVED INITIATED AND APPROVED Ci din istrator Director of Public orks ty A ROVED AS TO FORM A City Attorney N � v 07 11,0 0021)0490 2 intent Resolution No 2010-58 Exhibit A SHEET 1 OF 1 THOSE CERTAIN LANDS LOCATED IN THE NORTH 1548 22 FEET OF THE WEST 489 55 FEET OF THE NORTHWEST QUARTER OF SECTION 13 TOWNSHIP 6 SOUTH RANGE 11 WEST IN THE RANCHO LAS BOLSAS IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 51 PAGE 14 OF MISCELLANEOUS MAPS SAID LANDS ALSO BEING A PORTION OF PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632 RECORDED FEBRUARY 26 1968 IN BOOK 8526 PAGE 461 OF OFFICIAL RECORDS AS SHOWN ON THE MAP RECORDED IN BOOK 5 PAGES 45 AND 46 OF STATE HIGHWAY MAPS ALL OF WHICH ARE LOCATED IN RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP 84 590 FILED IN BOOK 202 PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS IN SAID RECORDS OF SAID COUNTY THENCE EASTERLY ALONG THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP 84 580 NORTH 89 37 06 EAST 89 21 FEET TO THE INTERSECTION OF SAID NORTH LINE WITH THE EAST LINE OF SAID PARCEL 1 OF STATE HIGHWAY RELINQUISHMENT NUMBER 632 RECORDED FEBRUARY 26 1968 IN BOOK 8526 PAGE 461 OF OFFICIAL RECORDS THENCE NORTHERLY ALONG SAID EAST LINE NORTH 09 50 39 WEST 133 85 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1000 00 FEET THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 9 10 25 AN ARC DISTANCE OF 160 11 FEET THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE NORTH 00 4014 WEST 730 41 FEET TO A LINE PARALLEL WITH AND 50 00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SECTION 13 THENCE WESTERLY ALONG SAID PARALLEL LINE SOUTH 89 37 06 WEST 88 00 FEET TO THE EAST LINE OF SAID PARCEL 2 OF SAID PARCEL MAP 84 580 THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID PARCEL 2 SOUTH 00 4014 EAST 818 16 FEET THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE OF SAID PARCEL 2 SOUTH 09 50 39 EAST 206 45 FEET TO THE POINT OF BEGINNING CONTAINING 90 340 SQUARE FEET MORE OR LESS (2 07 ACRES) SUBJECT TO ALL COVENANTS RIGHTS RIGHTS OF WAYS AND EASEMENTS OF RECORD EXHIBIT B ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF o SAND SG� 4 EXP 12-31-11 is JOSEPH G DERLETH `��y L s 7340 PLS 7340 EXPIRES 12/31/11 lF pF CA��F�� Legal Description BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE ®fie >� CITY OF HUNTINGTON BEACH � DEPARTMENT OF PUBLIC WORKS Resolution No 2010-58 I NW LY COR SEC 13 N LY LINE SEC 13 T6S R11 W SBM T6S R11 W SBM _ PER PM 94-590 (N89 37 06 E) ATLANTA AVE_ — 30 �, 50 - - - - - - - - - - - - - L - - - - - - - PARCEL 2 PM 84-590 8 202/48-50 PM 8 I -r17 I W LY LINE SEC 13 T6S R11 W SBM 1 <m D n q rn r I--110 p 1 ( )= RECORD PER PARCEL MAP rn I 8 84-590 FILED IN BOOK 202 PAGES 48 THROUGH 50 PARCEL 2 PM 84-590 INCLUSIVE OF PARCEL MAPS 202/48-50 PM I ( ®=PORTION OF STATE HIGHWAY RELINQUISHMENT NUMBER 632 i---110 I RECORDED 2/26/68 IN 8526/461 OR I I BEING A PORTION OF PARCELL 1 STATE HIGHWAY MAP zo i I BOOK 5 PAGES 45 AND 46 o I I 90 340 SQ FT (2 07 ACRES) J 00 EXHIBIT B PARCEL 2, PM 84-590 �-- 202/48-50 PM 8-1 SHEET 1 OF 3 $ GRAPHIC SCALE ------� — — — — — — — 1 inch =150ft N LY LINE 150 I 0 75 150 1 PARCEL 1 PM 84-590 202/48-50 PM i ( IN FEET ) EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA ®�e FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Resolution No 2010-58 ATLANTA AVE I GRAPHIC SCALE (N89 37 06 E) �22 1 inch =50 ft 50 0 25 50 �NW LY COR SEC 13 i T6S R11 W SBM I o 8 Z. PER PM 84-590 0 ( IN FEET ) ( ) = RECORD PER PARCEL MAP 84-590 FILED IN BOOK 202 m N E LY LINE PARCEL 1 PAGES 48 THROUGH 50 PER STATE HWY MAP INCLUSIVE OF PARCEL MAPS oo BOOK 5 PAGES 41 (( )) = RECORD PER STATE I - AND 42 HIGHWAY MAP FILED IN BOOK 5 PAGES 45 AND 46 8 22 LO s ®= PORTION OF STATE HIGHWAY o RELINQUISHMENT NUMBER 632 RECORDED 2/26/68 IN 8526/461 OR ALSO BEING A EXHIBIT B PORTION OF PARCEL 1 STATE $ SHEET 2 ®F 3 HIGHWAY MAP BOOK 5 g � LINE TABLE ( �_ L1= N 89 37 06 'E 8921 L2= N00 40 14 W 730 41 PARCEL 2 PM 84-590 � rG� 0 Z 202/48-50 PM I o 0CAZ E3 3 C� (7 I-W LY LINE SEC 13 I rn Lo Z T6S R11 W SBM N o � 00 i � CANE COR PARCEL . r- o POINT OF 41 `D 1 PM 84-590 r- � BEGINNING SE I 202/48-50 PM I-1 ® COR PARCEL 2 8 m o PM 84-590 I LA w 202/48-50 PM 00 8 (88 00 ) (54 91 ) L1 N LY LINE PARCEL 1 PM 84-590 (N89 37 06 E 489 56 ) EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH CLL DEPARTMENT OF PUBLIC WORKS Resolution No 2010-58 GRAPHIC SCALE 1 inch =50 ft N LY LINE SEC 13 50 0 25 50 T6S R11 W SBM -� ATLANTA AVE ( IN FEET ) (N89 37 06 E) NW LY COR SEC 13 30 T6S R11 W SBM 50 50 PER PM 84-590 L3 ( ) = RECORD PER PARCEL MAP -r -T, ' 84-590 FILED IN BOOK 202 PAGES 48 THROUGH 50 INCLUSIVE OF PARCEL MAPS 08 8 22 PARCEL 2 0 PM 84-590 O ' 202/48-50 PM I o ® = PORTION OF STATE HIGHWAY o -? EXHIBIT RELINQUISHMENT NUMBER 0 632 RECORDED 2/26/68 IN o SHEET 3 OF 3 8526/461 OR ALSO BEING A PORTION OF PARCEL 1 m o STATE HIGHWAY MAP BOOK 5 PAGES 45 AND 46 I 00 00 LINE TABLE L3= S89 37 06' W, 88 00 C W LY LINE SEC 13 I E LY LINE PARCEL 1 Wl i� z T6S R11 W SBM PER STATE HWY MAP o I BOOK 5 PAGES 41 -o PARCEL 2 _ AND 42 rn PM 84-590 202/48-50 PM m W o �22 00 z 01 EXHIBIT B BEACH BOULEVARD FRONTAGE ROAD VACATION AREA FROM 50' SOUTH OF TO 1072' SOUTH OF ATLANTA AVE CITY OF HUNTINGTON BEACH LOW DEPARTMENT OF PUBLIC WORKS Res No 2010-58 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 August 16, 2010 by the following vote AYES Carchio Coerper Hardy Green Bohr Hansen NOES None ABSENT Dwyer ABSTAIN None f-sqd Clerk and ex-offs Clerk of the City Council of the City of Huntington Beach California