HomeMy WebLinkAboutTentative Tract 7771 - La Custa - Formerly Alva Wilson - Meakj
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APPINE CIVIL ENGINEAt INC,
17613 BEACH BOULEVARD • MUNTIN13TON BEACHt CALIFORNIA 92647
PHONE [7143 1347-SWO 6 349-1385
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DAI E
Huntington Beach City Clerk
5th St. & Orange
Huntington Beach, Califccnia
July 6, 1972
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Subj-rt? Appeal for Tract 7771
Ei�ciosed is a check for $75.00 as requested to
process the appeal for Tract 7771 to the Huntington
Beach City Council.
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MEMORANDUM
TO: Planning Commission
FROM: Planning Department
RE: Tentative Tract No. 7771
SUBDIVIDER: Meadow Homes
ENGINEER: A14iues Civil Engrg.
DATE: July 5,*1972
C*W1C£
Tentative Tract No. 7771 is a proposal to subdivide 29 acres of land
located north of Ellis Avenue, west of Newland Street into single family
residential lots. The property is zoned Rl and master planned for low
density residential development.
Subject map was originally scheduled for review by the Planning Commission
at the April 18th meeting; however, the Subdivision Committee requested a
continuance to May 2nd for the purpose of investigating the possibility of
acquiring the bluff which extends throu7.h this property for open spac,z, purposes
At the May 2nd meeting, the Planning Commission reviewed the tentative map
and were advised that in addition to the bluff, the City may be interested
in acquiring a portion of the property at the top of the bluff to preserve
an archeolo0cat site. The applicant agreed to a 30-day coatinuance to
allow time €or the City to determine whether the bluff and archeological
site woule be preserved.
At the May 9, 1972 Study Session, the Planning Commission, by minute action;
recommended that the City Council take steps to preserve the bluff as c;.)en
space and further recommended that the archeological site on the top of the
bluff be investigated to determine whether it should also be preserved.
The City Administrator's office has expressed interest in preserving the bluff
and archeological site as open spP:�e and attempted to do so through a joint
powers of agreement between th.! City of huntingtort Beach and the City of
Fountain Valley with the passibility of participation by the Federal Govern-
ment in the form of a Land and Water Conservation Grant. Recent contact
with the City of Fountain Valley indicates thwt this project is not a high
priority item, tiierefore, the possibility of proceeding along these lines
appears to be remote. This information was passed on to the Planning, Com-
mission at the June 27th Study Session at which time a preliminary subdivi-
sion layout was reviewed. The map proposes a subdivision at the top and at
the bottom of the bli.1f. The bluff and archeological site have been set
aside as open space. It was the consensus of the Commission that the
subdivision layout was unacceptable; also, that if the open area is not to
by acquired under a pouters agreement, it perhaps should be preserved
under private ownersgoint
ip as open space within a Planned Residential Develop-
ment. To pursue this idea, the Plannl*_ng Commission initiated a zone change
to rezone the property -PD. This requir>is submittal of a Planned Residential
Development rather than a standard subdivision.
.r —_of the Subdivision Map Act states that a City or govearing
body s is eny ,: .:final or tentative subdivision map if it makes any of the
following findings:
a. That tho proposed anal: is not consistent with applicable ;general and
specific plans.
TT No. 7771
Page 2
b. That the design or improvements of the proposed subdivision is not
consistent with applicable genel.7al and spocific plans.
The site is not physically suitable for the type of develo meet.
d. That the site is not physically suitable for the proposed density of
development.
e. That the design of the subdivision or the ��9.1$e
osed improvements are
likely to cause substantial environmental cr substantially and
avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or the type of improvement is
likely to cause serious public health hazards
The City Subdivision Coue, under S.9921.8 (c), Provides that the Planning
Commission taav refuse to approve a tentative map when the only practical
use, which can be trade of
the property proposed to be subdivided, is a
use prohibited by ordinance or law or if the: property is deemed unhealthful
or unfit: for human habitation or occupancy by the Health Officer of the
City or one authorized to act in the City s interest.
Based on the comments made by the Planning Commission, at the June 27-_h
meeting wherein the Commission expressed dissatisfaction with the
subdivision layout, is appears that denial of the subdivision, under
S.11549.5 (c) of the Map Act, is in order.
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TENTATIVE TRACT 7771
NUNTINGTON 11ACII PLANNING DEPT.
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September 18, 1972
TO: City Council
FROM: Dan J. Whiteside, Deputy City Attorney
RE: Agenda Itrem K-2
The subject item is an appeal from denial by the Flanning
Commission of Tentative Tract Map No. 7771, on a Corrimission
finding that the - .t:e was not physically suitable for the
type of developmen'. .
Section 11549.5 Hu.sii:ess and ProfeJsions Code sets forth
ground. -,for denial of approval of such maps; the ground
on which the Planning Commissicn denial was base-3 is one
of those set forth in that statute.
You are advised that a specific ff nding by the City Council
is required in order to lawfully deny apprcval of a tentative
tract map. Any such fj.ndiig should follow the statutory
language. If the Council decides to affirm on the same
grounds the denial by the Planning Commission, a finding
should be made that "The site of the subdivision proposed by
Tentative Tract Map No. 7771 :.s not Ihysically suitable for
the type )f development which is proposed."
Respectfully submitted,
DAN J . WHITEd4 E
Deputy City Attorney
DJW:lm
cc: City Administrator
City Clerk
Planning Director
Recreation and Parks Director
Director of Environmental Resources