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