PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Ursula Luna-Reynosa, Community Development Director
BY: Jane James, Planning Manager
SUBJECT:
title
General Plan Conformance No. 20-002 (Huntington St. Vacation)
REQUEST:
To determine if the vacation of an approximately 5,790 square foot portion of an easement for street purposes along Huntington St. is in conformance with the goals and policies of the General Plan
LOCATION:
80 Huntington Street (East side of Huntington Street between Atlanta Avenue and Pacific View Avenue
body
APPLICANT:
Steve Bogart, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
PROPERTY
OWNER:
City of Huntington Beach
STATEMENT OF ISSUE:
1. Has the appropriate level of environmental analysis been determined?
2. Does the proposed vacation of a portion of Huntington Street between Atlanta Avenue and Pacific View Avenue conform to the goals and policies of the General Plan?
RECOMMENDATION:
recommendation
That the Planning Commission take the following actions:
A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 5, which supplements CEQA because the project is a minor easement vacation (Attachment No. 1); and
B) Adopt Resolution No. 1712, approving General Plan Conformance No. 20-002 (Attachment No. 1)
end
ALTERNATIVE ACTION(S):
A) Do not approve Resolution No. 1712 resulting in denial of General Plan Conformance No. 20-002
B) Continue General Plan Conformance No. 20-002 and direct staff accordingly.
PROJECT PROPOSAL:
Background:
The existing Surf City Beach Cottages mobile home park along the east side of Huntington Street, south of Atlanta Avenue is currently encumbered, along its Huntington Street frontage, by an existing public right-of-way easement that is 30 feet wide to the centerline of said roadway (See Attachment No. 2, Exhibit “C”).
As a result of the City’s recent Atlanta Avenue Widening Project, the City entered into a Settlement Agreement with Surf City Beach Cottages, LP (SCBC), wherein the City agreed to vacate its interests in the easterly 6-foot wide strip of the existing 30-foot wide easement that runs approximately one thousand (1000) feet along SCBC’s Huntington Street frontage.
The Atlanta Street widening project was completed in early 2020. The Settlement Agreement stipulates that the City must vacate this partial right-of-way after completion of construction but no later than December 4, 2020.
ISSUES AND ANALYSIS:
Pursuant to Section 65402 of the California Government Code, prior to approval of the requested vacation, a determination must be made that said vacation is in conformance with the General Plan.
Subject Property And Surrounding General Plan Designations, Zoning And Land Uses:
|
LOCATION |
GENERAL PLAN |
ZONING |
LAND USE |
|
Subject Property: |
Right-of-Way |
Right-of-Way |
Undeveloped Right-of-way |
|
North (across Atlanta) of Subject Property: |
RMH (Residential Medium High) |
RMH-A-CZ (Residential Small Lot Subdistrict-Coastal Zone) |
Multi Family Residential |
|
East of Subject Property: |
RM (Residential Medium) |
RMP (Residential Manufactured Home Park) |
Surf City Cottages Mobile Home Park |
|
South (across Pacific View) of Subject Property: |
CV-sp (3.0 FAR) (Visitor Serving Commercial) |
SP5-CZ (Downtown Specific Plan-Coastal Zone) |
Pasea and Hilton Hotels |
|
West (across Huntington) of Subject Property: |
RH-sp (30 du/ac) (Residential High-Specific Plan Overlay) |
SP5-CZ-O (Downtown Specific Plan-Coastal Zone-Oil Overlay) |
Pacific City Residential |
General Plan Conformance:
After a thorough review by staff, it has been determined that the subject area is excess right-of-way and no longer needed for street purposes, that it is unnecessary for existing or prospective public use, and that vacating it would not conflict with policies in the General Plan, or the requirements of the Orange County Congestion Management Program (CMP) and Master Plan of Arterial Highways (MPAH). As a result, the Public Works Department is proposing to vacate the excess right-of-way, through a Summary Street Vacation process (See Attachment No. 2, Exhibit “A” - Plat Map and Legal Description). Once the City vacates its interest in the easement, the subject area would revert back to the underlying property owner, Surf City Beach Cottages.
A. Land Use Element
Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation.
The vacation of the easterly six foot wide strip of the existing 30 foot wide easement that runs approximately 1,000 feet on the east side of Huntington Street between Atlanta Avenue and Pacific View Avenue will not negatively impact surrounding property owners or public users of the street because easements for the developed portion of the street will remain intact. Upon vacation, the fee title for the area will revert to the adjacent residential property owner.
Circulation Element
Goal CIRC-1 (A): The circulation system supports existing, approved, and planned land uses while maintaining a desired level of service and capacity on streets and at critical intersections.
Policy CIRC-1 (J): Investigate current jurisdictional control of roadways and determine where adjustments may be made in the future.
Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to-day required activities in a safe and efficient manner for all ages and abilities.
Coastal Element
Objective CE 2.1: Balance the circulation system with the circulation demands generated by the implementation of the Coastal Land Use Plan.
The existing street and nearby pedestrian sidewalk and bike lane currently provide sufficient access to the surrounding residential uses. The subject area is no longer necessary to construct right-of-way infrastructure to provide the public circulation needs of the abutting properties. Vacating an undeveloped 5,790 square foot portion of an existing public street and utility easement will not have a detrimental impact on the circulation system.
Zoning Compliance:
Not applicable
Urban Design Guidelines Conformance:
Not applicable
Environmental Status:
The General Plan conformance review is categorically exempt pursuant to City Council Resolution No. 4501, Class 5, which supplements the California Environmental Quality Act because the request is a minor easement vacation.
Coastal Status:
The subject site is located within the Coastal Zone however, the General Plan conformance review is not defined as “development,” and is therefore not subject to coastal development permit. An analysis for conformance with the Coastal Element has been included under General Plan Conformance.
Design Review Board:
Not applicable
Subdivision Committee:
Not applicable
Other Departments Concerns and Requirements:
The Public Works Department submitted the proposed request and is processing the easement vacation request through the City Council.
Public Notification:
General Plan Conformances are non-public hearing items and do not require legal notification.
Application Processing Dates:
|
DATE OF COMPLETE APPLICATION: |
MANDATORY PROCESSING DATE(S): |
|
September 10, 2020 |
October 20, 2020 (40 days from complete application) |
SUMMARY:
Section 65402 of the California Government Code provides that no street or real property shall be vacated or abandoned until the location, purpose, and extent of such vacation or abandonment has been submitted to and reported upon as to its conformity with the City’s adopted General Plan. Consistent with State law, staff has identified goals and policies from the Land Use and Circulation Elements that are applicable to the request in the General Plan Conformance section of this staff report.
ATTACHMENTS:
1. Draft Resolution No. 1712
2. Vacation Request Letter Dated September 10, 2020
3. Vicinity Map