HomeMy WebLinkAboutPARCEL MAP 90-268 - MEADOWLARK - SUBDIVIDER RICHARD NERIO ET CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 17, 1993
First American Title Insurance & Trust
114 E. 5th St.
Santa Ana, CA 92701
Re: Parcel Map No. 90-268
The City Council of the City of Huntington Beach at its meeting
held March 15, 1993 approved Parcel Map 90-268
and authorized the release of said map for processing by the County.
After recording, please return a print of the Parcel Map to Bruce
Crosby, Department of Public Works, P.O. Box 190, Huntington Beach,
California 92648.
Connie Brockway
City Clerk
CB:bt
Enclosure
, �.
Recieved by
Dated
(Telephone:714-536-5227)
Michael T. Uberuaga
March 8, 1993
Page Two
On January 7, 1991, staff reported to the City Council on the status
of compliance with the Development Agreement. Staff reported that
the landowner had not demolished all of the buildings and numerous
trailers, some occupied, still existed on the site. Staff suggested
that some of the trailers and vehicles observed were a code
enforcement issue rather than a Development Agreement issue, but
also recommended that the landowner be found in default of the
Agreement due to the continued existence of the buildings .
On February 4, 1991, the landowner submitted a schedule for removal
of the remaining buildings (except the Fernhill Building) as well as
for the trailers and RV' s on the site. Based on that schedule, the
City Council found the landowner to be in compliance with the
Development Agreement.
On March 5, 1993 staff inspected the Meadowlark site and found that
all of the buildings and trailers which were required -to be removed
from the site have been removed. As such, the landowner is in
compliance with the terms of the Development Agreement. Staff did
note, however, that different automobiles and trash and debris are
now present on the property. These items are in violation of the
zoning code and must be removed. The Code Enforcement staff is
following up with notices to clean up the site.
In summary, the items which were noted at the March 1, 1993 City
Council meeting are standard code enforcement issues and are not
related to the Development Agreement . Council approval of the Final
Parcel Maps is essentially a ministerial action which can legally
only take into account whether or not the final maps, as submitted,
are consistent with the conditions of approval placed on the
tentative maps. The Public Works Department has indicated that they
are. Staff will follow up with code enforcement on the site and
report back. Staff will also prepare an annual report on compliance
with the Development Agreement in July, 1993 as required by the
Development Agreement.
MA:HS:kjl
Attachments :
1. Development Agreement Exhibit "D" Meadowlark Airport Closure
Plan, dated July 19, 1989 .
2 . Schedule to Supplement Meadowlark Airport Closure Plan, dated
January 22, 1991
(6125d)
89 389939
EXHIBIT "D"
Meadowlark Airport Closure Plan
The Meadowlark Airport shall be closed in accordance
with the schedule set forth in this Closure Plan.
( 1) On or before September 1, 1989, Developer shall
take all of the following actions:
(a) Terminate all airport operations,
including, but not limited to, all takeoffs, landings, and flight
school operations;
(b) Remove all signs which identify the
Property as an airport;
(c) Remove all airport wind socks, airport
lights and other pilot aids;
(d) Paint out all runway markings and mark
the runway with X' s;
(e) Give all notices and take all other
actions required by the Orange County Airport Commission, the
California Department of Transportation and the Federal Aviation
Administration in order to terminate airport operations;
(f) Give all notices and take all other
actions necessary to remove all aircraft from the Property. In
the event any aircraft is not voluntarily removed by its owner,
Developer shall diligently take all steps allowed by law to
remove such aircraft.
( 2) As soon as possible after September 1, 1989,
and in no event later than September 8, 1989, Developer shall
demolish and remove the airport runway.
( 3) Developer shall commence by April 30, 1990, and
complete by May 31, 1990, removal or demolition of all buildings
on the Property except the existing building located north of the
northwest corner of the Fernhill residential development ( the
"Fer.nhill Building" ) . The Fernhill Building may be used for
purposes ancillary to Development of the Property such as
construction offices, material storage or equipment storage, but
the Fernhill Building shall not be used for any airport-related
purpose after September 1 , 1989 . The Fernhill Building shall be
removed or demolished upon Development of that part of the Property.
-46-
• M c
SCHEDULE TO SUPPLEMENT
MEADOivZARX AIRPORT CLOSURE PLAN
"Developer" under Development Agreement No. 88-1 with
City of Huntington Beach recorded as Instrument No. 89-
389939 on July 24 , 1989 in the Official Records of Orange
County, California undertakes the following for the benefit
of the City:
1 . On or before January 22 , 1991, to give 30-
day written notice to vacate and remove to the owner of the
mobile home located on the property and 30-day written
notice to vacate to the occupant of such mobile home.
2 . On or before January 22 , 1991, to give 18-
day. written notice to the owner of each item of personal
property, including delivery vans, travel trailers , motor
homes , and the like, to remove such personal property from
the property.
3 . If anv such owner or occupant fails to comply
with the notices described in paragraphs 1 and 2 above, to
expeditiously pursue legal proceedings Tern,i red in order to
effect such removal.
4 . On or before February 1, 1991, to enter into
a contract with the John Dodd Company, Inc. , or another
third party, to effect the demolition and removal of the
single family residence (Location 3) and the Quonset but
(Location 1) from the property and to cause such demolition
and removal to be effected no later than February 8 , 1991.
The Quonset but located at Location 3 was previously
removed.
It is acknowledced that some of the matters
described in this Schedule affect the real property zoned R-
2 which is west of the extension of Roosevelt Lane and is
neither part of the Meadowlark Specific Plan nor of the
Development Agreement.
Dated: January 22, 1991
D CR Y. NERIO,7 on behalf of
the "Developer" under the
Development Agreement .
:0593319
NOTICE O OMPLIANCE WITH ANDITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE:
FROM: COMMUNITY DEVELOPMENT
Howard Zelefsky
TRACT NO. '
PARCEL MAP NO.
PARK AND RECREATION FEES PAID: ❑ YES �INO
OTHER:
for:
Howard Zelefsky
Planning Director
AAA
FL-ANly`! IN Q _;'' 1,'_1 .. T. _,._1': r✓ j..l ,fr y
J
April 1, 1993
Ms. Connie Brockway
City Clerk
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92640
PARCEL MAP 90-268 (MEADOWLARK)
Please be advised that we have been instructed by our client to hold off recording the above referenced parcel
map until such time that Parcel Map 92-228 is ready for recording. The timing is estimated to be four to six
months.
Please call if you have any questions.
S cerely,
J m Ko
Civil Engineer
JK:jn
3280600\jk143jn4
cc: Dave Powell, Pacific Development Group
Dick Nerio, Bolsa Realty
Wayne Carvalho, City of Huntington Beach, Planning
4 III I`J'i'(R a SUITEL. fi2
5-31 )j 1 5) '2
CREATE A FILE
(35 characters grid)
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AFTER FILE FOLDER IS COMPLETED, CHECK HERE: & RETURN THIS FORM TO EVELYN!
0895I
y� 0,"Ic7
REQUE* FOR CITY COUNCS ACTION
DN �/� ��i�rr�1�
/q.3
Date: Feb. 16, 1993
Submitted to: Honorable Mayor and City Council /
Submitted by: Michael T. Uberuaga, City Administar'"
Prepared by: eouis F. Sandoval, Director of Public Works
7
Subject: PARCEL MAP NO. 90-268 (MEADOWLARK APPROVED BY CIT C(�" -
■ ur
Consistent with Council Policy? [X] Yes • C2A&
— CITY CLERK
----------------------------------------------------------------------------------------------1-----------------------------------------------
Statement of Issue, Recommended action, Analysis, Funding Source,Alternative action, Attachments: 2�
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STATEMENT OF ISSUE:
Richard Nerio et al are requesting approval of the Meadowlark Airport site Parcel Map No. 90-
268 in order to subdivide the entire site into three (3) parcels for the purpose of constructing a
shopping center and a residential development.
RECOMMENDED ACTION:
Approve the Parcel Map No 90-268 pursuant to the mandatory findings set forth by the Planning
Commission and instruct the City Clerk to affix her signature to the map and release the map to
the County for processing.
ANALYSIS:
Subdivider: Richard Nerio et al, 9340 Bolsa Ave., Westminster, Ca. 92683
Engineer: Morse Consulting Group, 4860 Irvine Blvd., #201, Irvine, Ca. 92720-1999
Title Co.: First American, 114 E. 5th St., Santa Ana, Ca. 92702
Location: 5141 Warner Ave.
Parcels: 3
Acreage: 63.459
Zone: Meadowlark Specific Plan
This map has been examined and certified by the City Engineer as being in accordance with the
tentative map as filed, amended, and approved by the Planning Commission.
ATTACHMENTS:
Tentative Parcel Map No. 90-268
Sectional District Map
Findings for Approval
LFS:REE:BPC:bpc �'
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TENTATN'E PARCEL MAP NO. 90-268
PORTION OF S.W. 1/4 SEC.,SECTION 21,T.5S.,R.11^
CITY o=HUNTNGTON BEACH,COUNTY OF ORANGE
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PLANNING . ZONING, - • DM 24
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SECTIONAL DISTRICT MAP 21-5-II 6A.E1 EEr�
ADOPTED APRIL 4,1960 NOTE
PLANNING COMMISSION RESOLUTION IMENA NS ARE IN FEET.
CITY OF CITY COUNCIL- ORDINANCE CA 75B IS ZONE ADTOI EXTEND
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AMENDED ZONE
CASE ORD.NO AN
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6 4-62 241 e01 11 18-]4 PP>a-I I966 OP OFFICE-PROFESSIONAL DISTRICT
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6-3-63 325 910 8-21-18 CPA»-JB 2305
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6-1-6A 03B 1060 9-15-eD BO-) Z453
ORANGE COUNTY, CALIFORNIA ° 6A <'2 D90 A-5-B2 B2_I 25A9 9E BACK LIE
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12-19-66 SE-S. 12. 3->-BB 81-13 2922 ® MULTIPLE FAMILY RESIDENCE DISTRICT
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1-IS-6B 6,-3A 1386
8-5-68 6P-21 1411 O WALIfED CLASSIFICATION
9-3-68 1N38 I�C FACILIT (EDUCATION)DISTRICT
B-IB-69 69-16 IS 11 ® RECREATIONAL OPEN SPACE
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FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO, 90-268 :
1 . The size, depth, frontage, street width and other design features
of the proposed subdivision for commercial and residential
development are in compliance with the standard plans and
specifications on file with the City as well as in compliance with
the State Subdivision Map Act and the supplemental City
Subdivision Ordinance.
2 . The property was previously studied for this- intensity of land use
at the time that the General Plan Designation of Planned Community
and zoning of Meadowlark Specific Plan were adopted .
3 . The General Plan has set forth provisions for commercial and
residential development as well as setting forth objectives for
the implementation of this type of use.
4 . The site is relatively , ,.,gi ysically suitable for the
proposed commercial and residential uses
5 . Tentative Parcel Map No. 90-266 is consistent with. the goals and
policies of the Huntington Beach General Plan.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 91-31 :
1. There are exceptional__or extraordinary circumstances or conditions
applicable to the land, buildings and premises that do not apply
generally to other- property or uses in the district because the
site is governed by the Meadowlark Specific Plan which is more
restrictive than standard zoning . Also, the site area is reduced
by the need for a public street through the project as well as
other requirements for interior side yard landscaping and building
location.
2 . The granting of a conditional exception for reduction in front
landscape setback is necessary in order to preserve the enjoyment
of one or-more substantial property rights because of other
unusually restrictive development standards .
The granting of Conditional Exception (Variance) No. 91-31 -for
reduction in front landscape setback will not be materially
detrimental to the public health, safety and welfare, or injurious
to the conforming improvements in the neighborhood.
4 . The granting of this conditional exception from Section N.4 .d of
the Meadowlark Specific Plan will not defeat the general purposes-
or intent of the Specific Plan which is to provide an attractively
landscaped shopping center frontage.
5 . The granting of the conditional exception for reduction in front
landscape setback will not adversely affect the General Plan of
the City of Huntington Beach.
Staff Report .- 2/5/91 -15- (8554d) .
y •
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
F E
HUNTINGTON BEACH
TO: Michael T. Uberuaga, City Administrator ��.� '
FROM: Mike Adams, Director Community Development
DATE: March 8, 1993
SUBJECT: MEADOWLARK AIRPORT DEVELOPMENT AGREEMENT
On March 1, 1993 the City Council continued action on the Final
Parcel Map for the Meadowlark Airport site due to concerns which
were raised regarding compliance with the Development Agreement .
The concerns had to do with trash and debris on the site. Staff has
researched the Development Agreement and has determined that the
issues raised are not addressed by the Development Agreement, but
rather, are standard code enforcement issues . The following has
been determined:
The Development Agreement was adopted by the City Council on
July 19, 1989 . The Agreement was largely intended to guarantee that
the Nerio family would close the airport by a given date. In
return, the City would guarantee the right to build a certain amount
of commercial and residential development . The following
performance items were required of the landowner under the Agreement:
By September 1, 1989
- Terminate all _airport operations;
- Remove all signs identifying the airport;
- Remove all airport windsocks, lights and pilot aids;
- Paint out runway markings and mark runways with X' s;
- Give all FAA and other notices to terminate the airport;
- Remove all aircraft from the site;
By September 8 , 1989
- Demolish the runway; and
By May 31, 1990
- Remove or demolish all buildings except the Fernhill building.
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