HomeMy WebLinkAboutPC Res 02-11 - 2002-03-06
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Page 12 - Planning commission Minutes of January 16, 1991
getting anything. The people are economically driven to build
multiple units and later to convert them into condominiums and
skate entirely out of it. We need a compromise between the
question of should we apply the subdivision park dedication
requirements enacted primarily for raw, unsubdivided land to the
resubdivision of previously subdivided land. The real focus is
what's a compromise to accomplish more than what we're
accomplishing now? Commissioner Dahlman proposed a third proposal:
If there is a way out then plug the loophole. Mr. Whittenberg
advised that loophole was created by state law and it would require
state legislation to change that provision of the Subdivision Map
Act; the City can't override that provision.
Barbara Antocci * Old Town * Seal Beach - asked Mr. Whittenberg if
it was a law that parkland dedication fee monies had to be used
within a certain time limit? She thought the City chose to return
those funds to Leisure World. Mr. Whittenberg said it was a
provision of law not the City's choosing. She felt that making
lots 25' x 100' was alright but asked a "tag" be built each house
to a 25' lot and not to result in legally non-conforming units.
Charles Antos * 328 17th Street * Seal Beach - said he wanted to
make three points:
He was the Planning Director in the City of Seal Beach when
Presley Development went into Leisure World. The law said the
collected Quimby Act fees had to be used for parkland to serve
the residents of the subdivision for which they are collected.
The Subdivision Map Act still says the same thing. Can you
put a public park behind a gate guarded community? Or if you
buy land a mile away, then is that convenient for those
residents to use? A political decision was made to do nothing
with those fees until the five years had passed and then those
fees were returned.
Commissioner McCurdy disputed this statement as not being a
political decision. He said he was President of the Golden
Rain Foundation at that time and they were trying to spend
that money. The City Attorney could not come up with a way
even if land was found across Westminster Blvd. It went back
to the original buyers.
Mr. Antos said within the Subdivision Map Act ordinance there
is a section that talks about 5 acres per 1000 residents. A
State law was passed that dealt with the level of the amount
of parkland that you can require; this was lowered to 3 acres
per 1000 residents.
Mr. Antos suggested the Planning Commission review the Open
Space/Recreation Conservation Element of the General Plan and
the Subdivision Map Act ordinance and bring that into
conformance with State law. The Commission could consider,