HomeMy WebLinkAbout0013_1_EOT VTTM 30836- CC Staff Report 2.23.16.4
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: FEBRUARY 23, 2016
SUBJECT: Extension of Time for Tentative Tract Map No. 30836
Recommendation
Adopt Resolution No. 2016-______: A Resolution of the City Council of the City of Lake
Elsinore, California, Denying the Request for an Extension of Time for Vesting Tentative
Tract Map No. 30836.
Background
On January 13, 2004, the City Council approved Vesting Tentative Tract Map (VTTM)
30836 and VTTM 28214. Both maps had an initial two year term and, absent an
extension, would expire on January 13, 2006.
On January 9, 2006, the City received a letter from the subdivider referencing both
VTTM 28214 and VTTM 30836 and requesting confirmation from City staff that the
VTTM 30836 was eligible for a three year extension of time pursuant to Section 66452.6
(a)(1) of the Subdivision Map Act.
Section 66452.6 (a)(1) provides for automatic three year extensions up to a maximum of
10 years, when two specific criteria are met: (i) a requirement to expend $236,790 in
offsite public improvements, and (ii) recordation of a phased final map.
Despite the fact that a phased final map had not been recorded for VTTM 30836 as
required by Section 66452.6, by letter dated February 27, 2006, the then Community
Development Director and the City Engineer confirmed an extension of VTTM 30836 to
January 13, 2009.
In contrast, VTTM 28214 originally approved at the same time had complied with the
requirements of Section 66452.6 and was properly extended to January 13, 2009.
VTTM 28214 was then accorded several additional extensions by the California
Legislature during the recession. Most recently, on February 9, 2016, the City Council
approved an application for a discretionary extension of VTTM 28214.
Extension for VTTM 30836
February 23, 2016
Page 2
Discussion
The City Attorney, City staff and the subdivider have previously discussed the status of
its various tentative tract maps. Through these discussions, it was learned that VTTM
30836 had not met the requirements for an extension under Section 66452 .6 in 2006
and that the February 27, 2006 letter was in error. The subdivider, Castle & Cooke, was
informed of the error contained in the February 27, 2006 letter and notified by the City
Attorney that VTTM 30836 had expired.
In response, the subdivider asserted that it relied on the City’s February 27, 2006 letter
confirming the extension of VTTM 30836 and that the City should be estopped from
asserting that VTTM 30836 expired in 2006.
The City Council conferred with the City Attorney in closed session on December 1,
2105. Following that consultation and additional communications with the subdivider,
the subdivider reiterated its request that that the City Council formally consider its
application for the extension of VTTM 30 836 at a public meeting and that the subdivider
have the opportunity to directly address its position to the City Council.
While VTTM 30836 expended the required $236,790 in offsite improvements, no final
map had been approved or recorded in order to qualify VTTM 30836 for the original
extension request under Section 66452.6. Once expired, a tentative map is not eligible
for a discretionary extension. Accordingly, because VTTM 30836 expired in 2006, the
recommendation is to adopt the attached Resolution denying the extension request.
Environmental Determination
The California Environmental Quality Act (CEQA) does not apply to project which a
public agency rejects or disapproves (CEQA Guidelines Section 15270).
Fiscal Impact
The time and costs related to processing this extension of time request have been
covered by the Developer Deposit paid for by the applicant. No General Fund budgets
have been allocated or used in the processing of this application.
Prepared by: Justin Kirk, Principal Planner
Reviewed by: Grant Taylor, Community Development Director
Approved by: Grant Yates, City Manager
Extension for VTTM 30836
February 23, 2016
Page 2
Attachment:
1. Vicinity Map
2. Tentative Tract Map 30836 Extension of Time Resolution
3. Tentative Tract Map No. 30836