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HomeMy WebLinkAboutAGENDA REPORT 2000 0517 CC REG ITEM 11KTO: FROM: DATE: rrEm it. K. A MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Wayne Loftus, Director of Community DevelopmentA�50 Prepared by: Paul Porter, Principal Planner May 4, 2000 (CC meeting of May 17, 2000) SUBJECT: Consider Request for a One -Year Time Extension for Vesting Tentative Tract Map No. 4620 on the Application of West Pointe Homes on Property Located on the West Side of Walnut Canyon Road, Approximately One -Half Mile North of Casey Road (Assessor Parcel Nos. 500 -0 -260 -025, -045, -075, -085; 500 -0- 270 -050, -090, -140, -155, and -165) BACKGROUND The City Council adopted Resolution No. 91 -731 on January 9, 1991, approving Vesting Tentative Tract Map No. 4620 for a 66 -lot subdivision on a 349.8 acre site zoned Rural Exclusive (RE) 5 Acre. The subject property located on the west side of Walnut Canyon Road, north of Casey Road has been approved for concurrent processing of a Tract Map and Residential Planned Development that would supercede the approved Tract. The screen check Draft EIR which is currently undergoing staff review involves identification of environmental impacts for a proposed development of 250 single family detached residential units on lots with a minimum pad area of 8,000 square feet with approximately 150 acres identified as permanent open space. The developer desires to retain his ability to record the final map for Tract 4620 in the event the revised project is not approved. DISCUSSION On September 13, 1993, the Governor signed SB -428 (Thompson) which extended by 24 months the expiration date of any Tentative Subdivision Map for which a Tentative Map had been approved that had not expired when the bill became effective. The extension approved by SB -428 is in addition to other extensions of a tract expiration date provided for in the Subdivision Map Act. For Vesting Tentative Tract Map No. 4620, the effect of SB -428 is that the expiration date was automatically extended from January 9, 1994 S: \Community Development \Everyone \City Council Agenda Reports \cc - 000517 TT4620 time extension.doc 0001743 The Honorable VTT 4620 Time May 4, 2000 Page 2 of 4 City Council Extension to January 9, 1996, with the passage of the bill. In addition to the extension granted under the State legislation noted above (SB 428) and pertaining provisions of the Map Act, the City Council granted an additional two year extension to the Vesting Tentative Map on December 6, 1995, extending the tract expiration date to January 9, 1998..An additional time extension of one year was granted to all Tentative Tract Maps by Assembly Bill (AB 771) resulting in an extension in the time to record this map to January 9, 1999. These referenced extensions and state legislation have extended this tract map for a total of eight (8) years after the initial project approval. The City Council adopted Resolution No. 98 -1505 on August 19, 1998, approving the applicant's request for a second two year time extension to Vesting Tentative Tract Map No. 4620, and extending the expiration date to January 9, 2001 (10 years after initial date of approval). The current request for a time extension is for an additional one (1) year time extension being made by the applicant for the purpose of allowing time to process a proposed revised project as discussed in the "background" section of this report without recording the Vesting Tentative Tract Map. Should the Council approve the one (1) year extension of the map, which would result in an expiration date of January 9, 2002, this would bring the total requested extensions under the Subdivision Map Act to five (5) years, which is the maximum total allowable time extension together with an additional six (6) years under various State Legislative decisions for a total of eleven (11) years from the original approval date. Should the additional one year extension be granted, it would be the final allowable time extension for Vesting Tentative Tract Map No. 4620. STAFF RECOMMENDATION Adopt Resolution No. 2000- approving a one year time extension of Vesting Tentative Tract Map No. 4620, to expire on January 9, 2002. Attachments: 1. City Council Resolution No. 2. Letter from applicant dated year time extension. 3. Location Map 4. Tract 4620 2000 - April 6, 2000 requesting a one RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A ONE -YEAR TIME EXTENSION FOR VESTING TENTATIVE TRACT MAP NO. 4620 ON THE APPLICATION OF WEST POINTE HOMES ON PROPERTY LOCATED ON THE WEST SIDE OF WALNUT CANYON ROAD, APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD (ASSESSOR PARCEL NOS. 500 -0- 260 -025, -045, -075, - 085; AND 500 -0- 270 -050, -090, -140, -155, AND -165) WHEREAS, Resolution No. 91 -731 was approved by the City Council on January 9, 1991, approving Vesting Tentative Tract Map No. 4620 on the application of JBH Development Company; and WHEREAS, Condition No. 10 of Exhibit 1 of Resolution No. 91- 731 states that the Vesting Tentative Tract Map shall expire three years from the date of approval; and WHEREAS, SB -428 was signed by the Governor of the State of California on September 13, 1993, became effective on that date and automatically extended by 24 months the expiration date of any tentative subdivision map for which a Tentative Map has been approved that has not expired on the effective date of the bill; and WHEREAS, the expiration date of Vesting Tentative Tract Map No. 4620 was revised from January 9, 1994 to January 9, 1996, as a result of the passage of,SB -428; and WHEREAS, on December 6, 1995, the City Council approved a time extension from January 9, 1996 to January 9, 1998; and WHEREAS, State AB 771 gave all Tentative Tract Maps an additional one -year extension, extending the expiration date to January 9, 1999; and WHEREAS, on August 19, 1998, the City Council approved a second two time extension for recordation of Vesting Tentative Tract Map No. 4620 from January 9, 1999 to January 9, 2001; and WHEREAS, Section 66452.6 (e) of the California Government Code establishes a procedure for consideration of time extensions for a Tentative Subdivision Map; and WHEREAS, at its meeting of May 17, 2000, the City Council considered the subdivider's request for a one year time extension for Vesting Tentative Tract Map No. 4620 and has reached its decision. ATTACHMENT 1 Resolution No. 2000 - Page No. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Quality Act (Division 13 of the Public Resources Code of the State of California beginning at Section 21000), the City Council has determined that the proposed extension of Vesting Tentative Tract Map No. 4620 is exempt from CEQA requirements based on Section 15270 of the CEQA Guidelines. SECTION 2. The City Council hereby approves the applicant's request for a one -year time extension from January 9, 2001 to January 9, 2002. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this day of , 2000. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0001-=115 WEST POINTE HOMES, INC. April 6, 2000 Mr. Wayne Loftus Director of Community Development CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 RE: REQUEST FOR A ONE -YEAR TIME EXTENSION ON TRACT 4620 Please accept this letter as a formal request for a time extension for one additional year for Tract 4620. Included in this letter request is a City of Moorpark time extension application, processing fee in the amount of 51,760, and reimbursement agreement. The reason for our request is in conjunction with our proposed revised project from the current entitlement under Tract 4620, 66 /5acre lots, to the proposed 250/10,000 square foot lots (including the dedication of 250 acres of open space and preservation of a prominent ridgeline). As part of the Pre - Application 97 -1 approval in June of 1998, (which allowed West Pointe to move forward on a request for a General Plan Amendment) the staff report discussed granting a 2 -year time extension on Tract 4620 in order to allow for the processing of a General Plan Amendment, Tentative Tract Map, Zone Change, Environmental document (at that time a mitigated negative declaration; now a full EIR) and RPD (attached page from Staff Report). Per the City of Moorpark letter dated 11/27/99 (attached), an application could be filed for time extensions not exceeding three years. In May of 1998, West Pointe Homes, Inc., made application for an additional 3 -year time extension. On August 19, 1998 the City of Moorpark approved a two -year time extension to January 200 1 (attached Council agenda). With the addition of the requirement for a full Environmental Impact Report, the project is taking longer than originally anticipated. Currently, the Draft Environmental Impact Report is pending circulation. Sincere) Vinc y, West Pointe Homes CC: Dean Rasmussen, James Rasmussen 26500 W. Agoura Road, PMB 652, Calabasas, CA 91302 -1952 (805) 370 -0075; Fax (805) 370 -0165 00016-0 ATTACHMENT 2 �r.U01/1 •�' 1 1 ssoo''s s :!; :�•1. r�IIIIII1111i�:E.niiiflnuu.•�. •... r��. '• .I�1111� /.•���f111111111111 j'� bilt!IIIII -- �i�i'r�.r. r..•i.IJI:f ?'111:7 }. • .� :lu.!!IIIIllrlrll r itiinnlnun .:y j, � 1 /lljllllll /ltlrf r`'� gill 1111.: r�