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HomeMy WebLinkAboutOrdinance #4225 (2) ORDINANCE NO. 4225 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE TO REZONE THE REAL PROPERTY GENERALLY LOCATED ON THE WESTSIDE OF MAGNOLIA STREET AT BANNING AVENUE FROM PS-0-CZ(PUBLIC-SEMIPUBLIC - OIL PRODUCTION OVERLAY—COASTAL ZONE OVERLAY) TO SP-18-CZ(SPECIFIC PLAN —COASTAL ZONE OVERLAY) (ZONING MAP AMENDMENT NO. 17-001) WHEREAS,pursuant to 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. 17-001, which rezones the property generally located on the westside of Magnolia Street at Banning Avenue from PS-0-CZ(Public-Semipublic — Oil Production Overlay — Coastal Zone Overlay) to SP-18-CZ (Specific Plan — Coastal Zone Overlay); 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 is generally located on the westside of Magnolia Street at Banning Avenue and is more particularly described in the legal description and map attached hereto as Exhibit A and, incorporated herein by this reference. SECTION 2: That the zoning designation of the Subject Property is hereby changed from PS-0-CZ (Public-Semipublic — Oil Production Overlay — Coastal Zone Overlay) to SP-18-CZ (Specific Plan—Coastal Zone Overlay) (Exhibit B). SECTION 3: That the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to reflect Zoning Map Amendment No. 17-001 as described herein. The Director of Community Development is hereby directed to prepare and file an amended zoning map. A copy of said amended map shall be available for inspection in the Office of the City Clerk. SECTION 4: This ordinance shall become effective immediately upon certification of Local Coastal Program Amendment No. 17-001 by the California Coastal Commission but not less than 30 days after its adoption. Ordinance No. 4225 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of February , 2021. 0 Mayor ATTES APPR'&hw4Jit4d OVED A RM: City Clerk ity torney �/ R WED A PPROVED: TIATED AND PROVED: A�L , . City Manager Director of Community Development ATTACHMENTS: Exhibit A: Legal Description and Map Exhibit B: Amended Zoning Map 19-7923/241012 2 Ordinance No.4225 Exhibit "A" v Exhi i Legal / 1 The land referred to in this policy is situated in the County of Orange, State of California, and is described as follows: Parcel 1:(A,P.N. 114-150-36) That portion of the southeast quarter of the southeast quarter of Section 13, Township 6 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51 page 14 of miscellaneous maps, in the office of the County Recorder of said County, lying easterly of the easterly line of that certain strip of land 145.00 feet wide, described and designated as Parcel D1-104 in the final order of condemnation had in Case No. 80955 of the Superior Court of the State of California, in and for the County of Orange, a certified copy of which was recorded September 8, 1961 in Book 5842 page 7 of Official Records. Except therefrom the "severed property" as described in Part B of the Grant Deed from the Southern California Edison Company, a corporation, recorded August 4, 2003 as Instrument No. 2003000931976 of Official Records. Also excepting therefrom: "All oil, gas, petroleum and other mineral or hydrocarbon substances in and under or which may be produced from that certain portion of the hereinabove described as Parcels 1 and 2 together with the right to use those portions only of said lands which underlie a plane parallel to and five hundred(500)feet below the present surface of said lands, for the purpose of prospecting for, developing and/or extracting said oil, gas, petroleum and other mineral or hydrocarbon substances from said lands by means of wells drilled into said subsurface of said land from drill sites located on other land, it being expressly understood and agreed that said grantor, their successors and assigns, shall have no right to enter upon the surface of said lands or to use said lands or any portion thereof to said depth of five hundred(500)feet, for any purpose whatsoever", as reserved in the Deed from Dorothy Constance Smith recorded July 30, 1962 in Book 6194 page 470 of Official Records. January 2019 Page A-1 Parcel 2: (A.P.N. 114-481-32) That portion of the northeast quarter of fractional Section 24,Township 6 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Las Bolsas, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51 page 14, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the northerly line of said fractional Section 24 with the northeasterly right of way line of the Orange County Flood Control District's "Huntington Beach Channel" as described in the final order of condemnation recorded in Book 5591 page 500, et seq. of Official Records in the office of the County Recorder of said County;thence north 890 32'40" east along said northerly line of fractional Section 24 a distance of 360.17 feet to the southwesterly corner of that certain real property described and designated as "Parcel Two" in that certain road easement to the City of Huntington Beach recorded October 13, 1967 in Book 8418 page 439 of said Official Records, said southwesterly corner being also a point in a curve concave to the northwest having a radius of 950.00 feet from which point a radial line of said curve bears north 570 33' 35" west; thence southwesterly along said curve through a central angle of 100 37' 14" an arc distance of 176.10 feet; thence tangent to said last mentioned curve 80.37 feet to a point in a curve in said northeasterly right of way line of the Orange County Flood Control District's "Huntington Beach Channel", said last mentioned curve being concave to the northeast and having a radius of 4,717.50 feet from which point a radial line of said curve bears north 430 40' 03" east; thence northwesterly along said last mentioned curve, through a central angle of 01' 10' 00" an arc distance of 96.06 feet; thence tangent to said curve north 450 09' 57" west 181.36 feet to the point of beginning. Except therefrom the "Severed Property" as described in Part B of the Grant Deed from the Southern California Edison Company, a corporation, recorded August 4, 2003 as Instrument No. 2003000931976 of Official Records. Basis of Bearing: Bearings shown hereon are based upon the centerline of Magnolia Street being north 00' 17' 10" west as shown on Record of Survey 2005-1075 filed in Book 232 pages 1-10, of Records of Survey, Records of Orange County, California. Page A-2 January 2019 24-25 24-28 CH BL (HAMPSHIRE b -0-0 s w fie' D C-4 so to Ci calf no F, 148-12 148-12 rk jo F. C.C. D. oLr.F AM' 4 0 Ln ab rm 21 ry rn :b I"n 0 OD rl Cl) b. 671-47' 1 MAeAtXIA (CAWfiW STREW 149-02 149-01 149-04 149-03 O 46 Ul x e w � sue, lyl 9FFT `� y �4 In a C N tT r ew © b did N � o !q a0 ' a a '� �z.ea• 1 r es � 7e• ro� .ee re ro w.n• a �•O `In•O e g O C O �•yO ;+ O`) a W NAGNWA T6S, IOW. o HULA CIRCLE N O ed�• O I,oe <e K ,, '4 _1 0 O V O M N I0 d aft ® aq LANE o a /e2 ,q w e O y 4.s7 ta! Aare co• .•. se• �n yK O (il W�� M R M u •s. e• n O a d o � � LANE �+ �• chi► oo� a moo. o a m 49 `e �a� tnba Be' nc�n :CIS v a zmm o �n mm ��N SS 2 2� 1� C imw a nor` I mtn0 ii � o Ordinance No.4225 Exhibit "B" Exhibit B Amended Zoning Map Excerpt of District Maps 14 and 29 ttffl- *�::F i1 • . • i i i �11 P i P i P • w • • i a • • • 1 o ." ♦ r ♦ • K.ai..+.a 9 I • • . . • w Kfe`.1+a SP- 1 8 t-i I -I I JTM ti °.R7r VA • • Yr. 31anr Lfl ' ■ P ! y r • a r • o - Legend ...... Specific Plan Area Residential Low Density(RL) Coastal Conservation(CC) Rights-of-Way, Bridges&Channels •••'•' Open Space-Shoreline Subdistrict(OS-S) Specific Plan Designations(SP) - Industrial General(IG) ■ ■ ■ ■ ■ Oil Overlay(0) Public-Semipublic (PS) j// FIRM Areas A& AE (FP-2) Ord. No. 4225 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 January 19,2021, and was again read to said City Council at a Regular meeting thereof held on February 1,2021, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Kalmick, Posey, Moser, Delgleize NOES: Peterson, Ortiz, Carr ABSENT: None ABSTAIN: None I,Robin Estanislau,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 Wave on February 11,2021. o In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California