ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL
ENTITLEMENT PLAN AMENDMENT NO. 22-003
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that this project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) (General Rule) of the CEQA Guidelines because there is no potential that the removal of the subject condition of approval will have a significant effect on the environment.
SUGGESTED FINDINGS FOR APPROVAL – ENTITLEMENT PLAN AMENDMENT NO. 22-003:
1. Entitlement Plan Amendment No. 22-003 to modify Condition of Approval No. 6(b) of Conditional Use Permit No. 19- 014 requiring the payment for a fee in-lieu of the undergrounding of all existing overhead utilities will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the exis ting overhead utilities do not create a significant visual impact along Beach Boulevard. All utilities to the north and south of the project site are located on poles above ground, within a developed area where undergrounding is not likely to occur within the near future.
The new retail building and fueling station canopies will screen the view of the overhead utilities along the property’s westerly property line.
2. The granting of Entitlement Plan Amendment No. 2 2-003 to modify Condition of Approval No. 6(b) of Conditional Use Permit No. 19-014 requiring the payment for a fee in-lieu of the undergrounding of all existing overhead utilities w ill not adversely affect the General Plan because it is consistent with the following policy of the General Plan:
Circulation Element
Policy CIRC- 7(F): Continue to locate new and relocated utilities underground within scenic corridors to the greatest extent possible. All other utility features shall be placed and screened to minimize visibility.
The project will locate all new utilities underground to comply with the Municipal Code requirements and to be consistent with the General Plan policy . The existing overhead lines do not create a significant visual impact along Beach Boulevard, a scenic corridor, because the new retail building and fueling station canopies will screen the view of these utilities.
Attachment 1.2
3. Entitlement Plan Amendment No. 22-003 to modify Condition of Approval No. 6(b) of Conditional Use Permit No. 19-014 requiring the payment for a fee in- lieu of the undergrounding of all existing overhead utilities will comply with the provisions of the base district and other applicable provisions in Titles 20- 25 of the Huntington Beach Zoning and Subdivision Ordinance because the existing overhead utilities do not create a significant visual impact as viewed from Beach Boulevard. In addition, there are physical constraints at the site to accommodate both the large footings of the required 8 ft. block wall and the underground structure to house the conduits without multiple redesigns.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents , officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof.