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HomeMy WebLinkAboutAGENDA REPORT 2018 1107 REG CCSA ITEM 08ACITY OF MOORPARK, CALIFORNIA City Council Meeting of November 7, 2018 ACTION Continued open public hearing to meeting of 12/5/18 BY M. Benson 8. PUBLIC HEARINGS: A. Consider Resolution Approving Tentative Parcel Map No. 2018 -01 to Subdivide a 1.62 Acre Lot into Four Parcels at 78 Wicks Road and Making a Determination of Exemption Under the California Environmental Quality Act in Connection Therewith, on the Application of Robert Inthout. (continued open public hearing from September 19, 2018) Staff Recommendation: Continue to accept public testimony and continue the item with the public hearing open to the December 5, 2018 regular City Council meeting. Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Joseph Fiss, Planning Manager DATE: 11/07/2018 Regular Meeting (Continued from 9/19/2018) SUBJECT: Consider Resolution Approving Tentative Parcel Map No. 2018-01 to Subdivide a 1.62 Acre Lot into Four Parcels at 78 Wicks Road and Making a Determination of Exemption Under the California Environmental Quality Act in Connection Therewith, on the Application of Robert Inthout DISCUSSION On April 3, 2018 Robert Inthout submitted a Parcel Map application to subdivide a 1.62 acre lot into four parcels with a remainder lot at 78 Wicks Road. A parcel map requires a public hearing before the Planning Commission with a recommendation to the City Council. The City Council is the final decision maker. On August 28, 2018, at a public hearing, the Planning Commission adopted Resolution No. PC-2018-630 recommending approval of Tentative Parcel Map No. 2018-01 to the City Council. This item was originally scheduled to be heard by the City Council on September 19, 2018. On September 18, the applicant, through his attorney, requested a continuance in order to reevaluate the design of the parcel map, as conditioned by the Planning Commission (letter attached). The City Council, on September 19, 2018, opened the public hearing, expressed some concerns regarding the remainder parcel and the design of the project drainage, and continued the matter with the public hearing open to November 7, 2018. There were no speakers on this item. Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Item: 8.A. 1 Honorable City Council 11/07/2018 Regular Meeting Page 2 Date Application Determined Complete: June 29, 2018 Planning Commission Action Deadline: N/A City Council Action Deadline: Originally September 27, 2018, extended at the request of the applicant through December 26, 2018 (see Attachment 1) The Permit Streamlining Act allows for an applicant to grant one 90-day extension for an entitlement. In this case, the applicant submitted an extension letter (Attachment 1) in order to allow time for discussions between the applicant and City staff. This extends the permit processing deadlines through December 26, 2018. The hearing was originally continued to November 7, 2018, but staff and the applicant have not yet concluded their discussions. The applicant has submitted an email requesting a further continuance of the public hearing. Due to a prior cancellation, there is no City Council meeting on November 21. Therefore, staff recommends continuing the agenda item with the public hearing still open to December 5, 2018. This allows for one additional City Council meeting on December 19, 2018, if needed, to reach a decision on this application. If outstanding issues are not resolved by December 19, either the City Council will have to deny the project without prejudice or the applicant will have to withdraw the application. Either option will allow the applicant to resubmit a new application for essentially the same request. A denial action would require a City Council resolution. FISCAL IMPACT No fiscal impact related to this action. STAFF RECOMMENDATION Continue to accept public testimony and continue the item with the public hearing open to the December 5, 2018 regular City Council meeting. ATTACHMENT: 9/18/2018 Extension Letter 2 v ,Jackson Tidus A ~~;~ c~~~~~~~r~o~v September i8, aoi8 VIA E-MAIL TO: Nicholas Ghirelli <NGhirelli(c~rw~law.com> City Council City Hall 799 Moorpark Ave. Moorpark, CA 93oai Emai~: msellers@jacksontidus.law Re;p~y tc,: Westlake Village Fite No: 9686.126296 Direct Diai: 805.418.1914 Re: Continuance of Hearing Set For September 19, 2018 City Council Meeting; Tentative Parcel Map No. 2018-01; Applicant's Request Condition 1 Be Deleted and Condition 4 Be Modified. Dear Honorable City Council: We represent the land owner and the Applicant, Robert in't Hout, who has filed for Tentative Parcel Map No. aoi8-oi that is before you at your September i9, aoi8, City Council Meeting. As it has been brought to our attention that the deadline for acting on this parcel map is fast approaching, therefore, our client consents to a 90-day extension of the Map Act's deadline for acting on this parcel map in order to allow discussions with City staff on a potential resolution of the issues that both the City staff and we are concerned with. We also understand from staff that there will be a continuation of the hearing on this map set for the September i9, 2oi8 City Council meeting to a meeting date in October or November zoi8, which we agree to and we will not be at the September i9, zoi8 City Council meeting. Very truly yours, ~~ v . , , ,~-- Marl< G. Sellers MGS:sh cc: Robert in't Hout J Fiss David Bobardt Troy Brown Kevin G. Ennis Irvine Office Westlake Village Office 2030 Main Street,l2th Floor 2815 Townsgate Road, Suite 200 Irvine, California 92614 Westlake Village, California 91361 t 949.752.8585 f 949.752.0597 t 805.230.0023 f 805.230.0087 www,jacksontidus.law ~~oss~.~CC ATTACHMENT 1 3