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Home My WebLink AboutAGENDA REPORT 1993 0505 CC REG ITEM 09BITEM AGENDA REPORT TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development Paul Porter, Senior Planner DATE: April 21, 1993 (PC meeting of May 5, 1993) SUBJECT: URBAN WEST COMCUNITIES - CITY COUNCIL APPEAL 93 -4 OF PLANNING COMLKISSIONS DECISION TO APPROVE APPEAL NO. 93 -1, REQUEST TO MODIFY CONDITION NO. 9 FOR TIME EXTENSION FOR PROJECT INAUGURATION OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 (MINOR MODIFICATION NO 2) AND ADDITIONAL TWO YEAR EXTENSION TO VESTING TENTATIVE TRACT MAP NO. 4637. " Background On May 16, 1990, the City Council adopted Resolution No. 90 -673 approving Residential Planned Development Permit No. 89 -4, Vesting Tentative Tract Map No. 4637 and Zone Change No. 89 -2. The Residential Planned Development was for approval of 257 Townhouse units with three recreational areas. The proposed project is located south of Mountain Trail Street between Mountain Meadow Drive and Cedar Spring Street in the City of Moorpark. The Director of Community Development approved Minor Modification No. 1 To Residential Planned Development Permit No. 89 -4 on August 27, 1990 to modify condition 99c which was changed to allow the attic area above the dwelling space to be accessible for light storage from a ceiling opening above the dwelling space. On February 24, 1993, the Department of Community Development received a request for a time extension from Urban West Communities, which is allowed pursuant to Condition No. 9 of the Residential Planned Development Permit. This condition allows the Director of Community Development to grant up to a one -year time extension "if the applicant can document that he has diligently worked towards inauguration of the project during the initial three year period ". The Director of Community Development denied the applicant's request for a continuance for "project inauguration" on February 24, 1993, because the applicant had not diligently worked towards inauguration of the project during the initial three year period. Urban West Communities filed Appeal No. 93 -1 on March 12, 1993 appealing the Director's decision and requesting that the extension of the permit for one year be granted. Appeal No. 93 -1 was approved by the Planning Commission on April 5, 1993, based on testimony they received from Urban West Communities regarding their alleged costs and efforts towards project inauguration. r- :00RPA1ZK, CAUFORNIA City Cougdl Meeflng of 199— PP04:23:9319:21aM: \APPEAL.CC1 1 ACTION BY OX 16#0 * b/Tr. On April 2, 1993, the Department of Community Development received • letter from Urban West Communities requesting that the City grant • two year extension to Vesting Tentative Tract Map No. 4637. This request is made based on the authority granted to the City by the Subdivision Map Act (Government Code Section 66452.6 {e}) which states in part: "(e) Upon application of the subdivider prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of three years..." The Planning Commission's decision to approve the applicant's appeal was appealed by the City Council on April 7, 1993 (Appeal 93 -4). Because the two entitlements go together, the appeal is being considered at the same time as Urban West's request for a time extension to the Vesting Tentative Map. Urban West Communities filed Minor Modification No. 2 to Residential Planned Development No. 89 -4 on April 21, 1993 requesting a modification to condition No. 6 to allow for a two year, instead of a one year extension to the RPD permit. Discussion The applicant is requesting the two year extensions to the tract map and the RPD based upon the general economic condition of the state and the prevailing adverse economic conditions of the construction industry which have made further work on the project at this time infeasible and inappropriate from a business standpoint. The Director of Community Development has denied Minor Modification No. 2 to the RPD on April 24, 1993, because the applicant had not diligently worked towards inauguration of the project during the initial three year period as evidenced by the lack of work since mid 1991. In reviewing this matter, the Department of Community Development noted that Urban West Communities had not completed any of the City Engineer's or Department of Community Development's "Prior to Issuance of Zoning Clearance" conditions for this project during the initial three period, nor has the Department of Community Development or the City Engineer's office received a request from the applicant during this initial three year period to do any "Condition Compliance" work related to this project. On March 16, 1993, staff was informed by Chris Oberender from the City Engineer's office that Urban West Communities had not contacted the City Engineer's office concerning completion of Prior to Issuance of Zoning Clearance conditions. PP04:23:9319:21amA: \APP9AL.CCI 2 Prior to approval of this Residential Planned Development Permit, the proposed townhouse project went through a thorough review process which included modifications as recommended by surrounding property owners, City staff, the Planning Commission and the City Council. As currently written, the City's Subdivision Ordinance authorizes a three year approval on tentative tract maps with no extension. The Subdivision Map Act allows for an initial approval period of 24 months with approval of one automatic extension of one year. The reason the City's Ordinance allows a three year approval initially with no extension is to be consistent with this provision in the Subdivision Map Act. The Subdivision Ordinance does not allow for extensions and requires the refiling of tentative maps after the three year approval is for the purpose of allowing the City to re- evaluate the subdivision. However, a recent City Attorney opinion on the issue states that the City must offer the extensions the Subdivision Map Act allows, but the City is not obligated to approve them. It has long been the practice of cities to approve tentative maps and RPD's for two to three year periods. The purpose of which is to allow the City to re- evaluate the consistency of the project with current conditions and attitudes of the community. Staff believes that this project merits re- evaluation through the public hearing process and therefore concludes that the extensions should be denied and the applicant required to resubmit a new RPD application. The applicant has gone on record to state that they are not sure if this product meets their needs and the needs of the market place. Recommendations: Deny the applicant's request for a two year extension as follows: a) Uphold the Director's denial of Minor Modification No. 2 to "Use inaugurate" Residential Planned Development Permit No. 89 -4 and b) Refuse to grant the extension of Vesting Tentative Tract Map No. 4637 and c) Overturn the Planning Commission action to approve Appeal No. 93 -1 for a one -year extension to RPD 89 -4. PP04 :23:9319:21amA:\APP6AL.CC1 3 Urban West Communities May 5, 1993 Mayor Paul Lawrason CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 Re: City Council Agenda Item 9.8. Dear Mayor Lawrason: We request your positive consideration of our requests to extend Vesting Tentative Tract Map No. 4637 and RPD No. 89 - 4 for two years. The reason for these requests is that although significant time and funds have been expended by the applicant in diligent pursuit of project commencement, the general economic condition of the state and the prevailing adverse economic conditions in the construction industry have made further work on this project at this time infeasible and inappropriate from a business standpoint. We have among other activities, prepared a final tract map, grading plans, and sewer plans for the project. We respectfully request your actions on the following iterns: 1. Regarding Vesting Tentative Tract Map No. 4637: Approve a two year time extension to VTTM 4637. 2. Regarding RPD No. 89 - 4 Minor Modification No. 2: Approve Minor Modification No. 2 to RPD No. 89 - 4 Condition No. 6 to allow a two year, instead of a one year, extension. 3. Regarding Council Appeal No. 93 - 4: Uphold the Planning Commission decision to approve Appeal No. 93 - 1 for extension of RPD No. 89 - 4. Thank you. Sincerely, �4— ?--� Tom Zanic Vice President cc: Council members Steve Kueny, City Manager Jim Aguilera, Director of Community Development