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HomeMy WebLinkAbout2017-01-25 - Supplemental BIfl° 6,0A,9e COP/ PLANNING COMMISSION STAFF REPORT TIME EXTENSION DRC2016-01009 - WSI HIGHLAND INVESTMENTS, LLC January 25, 2017 Page 2 ANALYSIS A. Background: Tentative Tract Map 14749 (SUBTT14749) was approved by the Planning Commission on June 9, 2004 (Exhibit C). This approval was appealed to the City Council on July 21, 2004. The appeal was denied and the project was approved with the second reading of Ordinances No. 729 (Specific Plan Amendment) and No. 730 (Development Agreement) on August 4, 2004. A lawsuit was subsequently filed on August 18, 2004, against the City over the approved project (Spirit of the Sage Council v. City of Rancho Cucamonga, with the applicant, Traigh Pacific L.P., as the Real Party of Interest). The case was settled on December 20, 2005, with the applicant agreeing to pay a settlement to the petitioner and the original City approval remaining intact. The settlement agreement became effective on February 10, 2006, with the lawsuit dismissed 7 days later on February 17, 2006. On June 12, 2007, the City's attorney informed staff that pursuant to Government Code Section 66452.6(c), the subject tentative tract map was entitled to an automatic time extension for the period between the date the lawsuit was filed (August 18, 2004) and the date the lawsuit was settled (February 10, 2006), or 541 days. The duration of the approval period for tentative tract maps is 3 years. Thus, the start date of the approval period was the date of the second reading by the City Council for the Specific Plan Amendment and the Development Agreement (final approval of all aspects of the project)- August 4, 2004. With the time extension due to the lawsuit taken into consideration, the official start date of the approval period for SUBTT14749 was January 27, 2006, with the expiration date occurring on January 27, 2009. In the interim, the State legislature passed four bills (SB1185, AB333, AB208 and AB116) that granted automatic time extensions for all tentative maps that qualified. This lengthened the approval period for the subject tentative tract map by a total of 7 years. With these extensions, Tentative Tract Map SUBTT14749 now has an expiration date of January 27, 2017. Tentative Tract Map14749 Trac Approving Authority Approval/Extension Type Approval Period Approval Date Expiration Date -City Council Tentative Tract Map CC Reso 04-243 3 Years Aug4, 2004 Lawsuit settled 541 days after approval Jan 27, 2006 Jan 27, 2009 Senate Bill 1185 Automatic Extension 1 Year Jan 27, 2009 Jan 27, 2010 -Assembly Bill 333 Automatic Extension 2 Years Jan 27, 2010 Jan 27, 2012 Planning Commission Time Extension PC Reso 11-26 1 Year Jun 8, 2011 Jan 27, 2013 -Assembly Bill 208 Automatic Extension 2 Years Jan 27, 2013 Jan 27, 2015 Assembly Bill 116 Automatic Extension 2 Years Jan 27, 2015 Jan 27, 2017 Planning Commission Time Extension DRC2016-01009 1 Year Jan 25, 2017 Jan 27, 2018 B. Time Extension Request: The applicant is requesting a Time Extension to extend the expiration date of the approved map from January 27, 2017, to January 27, 2018. The D- 2