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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: APRIL 20, 2004
SUBJECT: OCEAN TRAILS - EXTENSION OF VESTING TENTATIVE TRACT MAP NO. 50666 FOR ONE YEAR
Staff Coordinator: Gregory Pfost, AICP, Deputy Planning Director
That the City Council extend Vesting Tentative Tract Map No. 50666 for the Ocean Trails project for one (1) year, until April 15, 2005.
The Conditions of Approval for Vesting Tentative Tract Map No. 50666 (VTTM No. 50666) state:
"Pursuant to Development Code Section 17.76.090, this approval shall expire twenty-four (24) months from the date that the Coastal Permit associated with this Vesting Tentative Tract Map is approved by the last responsible agency, unless the Final Map has been recorded. Three extensions of up to one (1) year each may be granted by the City Council, if requested in writing prior to expiration."
The California Coastal Commission originally approved the Ocean Trails project on April 15, 1993. Therefore, according to the condition noted above, VTTM No. 50666 would have expired on April 15, 1995. However, in the early-mid 1990's, the State of California enacted automatic extensions to existing Vesting Tentative Tract Maps as well as increased the maximum number of extensions from three (3) one-year extensions to five (5) one-year extensions. The automatic extensions enacted by the State of California plus the City Council's action to extend VTTM No. 50666 had extended VTTM No. 50666 to April 15, 2003. Technically, the map would have expired on April 15, 2003. However, the State Subdivision Map Act permits additional extensions to approved tentative tract maps where the property is subject to an approved development agreement, provided that it is "for the period of time provided for in the agreement, but not beyond the duration of the agreement." On March 4, 2003, the City Council adopted Amendment No. 2 to the Ocean Trails Development Agreement to clarify that the City Council can extend VTTM No.50666 on an annual basis for the life of the Development Agreement. The term of the Development Agreement expires on November 21, 2007.
On March 29, 2004, the City received the attached letter from Ocean Trails requesting an amendment to the Development Agreement to permit a one-year extension to VTTM No. 50666.
Currently, Phase I Grading, which is composed of the golf course and all of Tract No. 50667, including the residential lots located on the east side of the Ocean Trails project, is nearing completion. Additionally, since the final map for Tract 50667 has been approved by the City Council and recorded, and the grading for the residential lots within Tract No. 50667 has been completed, the developer can begin selling and building units in that tract. Phase II grading, which encompasses the housing portion of VTTM 50666 is technically still under construction.As the Council is aware, on June 2, 1999, a major landslide (Landslide C) significantly impacted a portion of the golf course, Ocean Trails Park, and public trails. Construction on the landslide repair has been completed. Landslide C is located within the boundaries of VTTM 50666. Additionally, an existing ancient landslide (Landslide A) is also located within the boundaries of VTTM 50666. Staff has informed the developer that because there are uncertainties as to the exact location of the boundaries of Landslide A, the location of the foundation setback line, which determines where future residential homes in VTTM No. 50666 may be constructed in proximity to Landslide A, will need to be determined prior to City Council approval of the Final Map for Tract 50666. The City Geologist and the City's Geologic Peer Review Board for the project are currently analyzing this issue. The developer has submitted an application and filed the necessary fees to process Final Map No. 50666. The application is being reviewed by City Staff and the City Engineer and is currently incomplete. In addition to the geologic issue discussed in the preceding paragraph, the developer must also satisfy some other outstanding conditions in order for the City Council to approve the Final Map for Tract 50666. Further, as the Council is aware, the Developer has made it known that he plans to amend the project, including VTTM No. 50666 to accommodate a future driving range in lieu of some of the residential lots within this tract. Staff has not yet received the subject application.
Based on the discussion presented in this report, Staff feels that the applicant is making progress towards the completion of the Ocean Trails Project. As such, for the reasons noted above, Staff recommends that the City Council approve the extension request, thereby extending VTTM No. 50666 to April 15, 2005.
In addition to the staff recommendation, the City Council may also wish to consider the following alternatives:
1. Decline to extend VTTM 50666 beyond its current expiration date. Staff does not recommend this option as Staff feels that Ocean Trails has moved closer to obtaining a final on this map and to decline extension at this point may cause additional burden and/or delay to the project.
2. Identify any issues of concern with the extension request, provide Staff and/or the applicant with any direction, and continue the item to a date certain. However, it is important to note that Section 66452.6 of the Subdivision Map Act specifically states that "upon the application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever comes first". As such, to avoid automatic expiration of the subject map, if this item is continued, it should be continued to a meeting prior to June 15, 2004, which is 60 days from the current expiration date.
There are no Fiscal Impacts to the City as a result of this decision.Respectfully submitted:
Joel Rojas, AICP
Director of Planning, Building and Code EnforcementReviewed,Les EvansCity Manager
Letter dated March 29, 2004