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COM 0898.011 2020-2022
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COM 0898.011 2020-2022
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Last modified
2/1/2023 9:35:07 AM
Creation date
12/15/2022 1:06:39 PM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
0898
Point
011
Author
Mitchell D. Roth, Mayor
Communications - Referred To
PCPLUD
Document Relationships
AGE PCPLUD 2023/01/05 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/01/24 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
AGE PCPLUD 2023/02/07 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Policy Committee on Planning, Land Use, and Development (PCPLUD)
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KERN: Sure. So, when the applicant comes in for a time extension and it's typically, they <br /> had 5 years to do something, and they had a 5-year administrative time extension and that <br /> administrative time extension either not granted or it expired. That application comes in, and we <br /> look at like a new application. We look at top to bottom, have conditions changed, has traffic <br /> changed, has environment changed, has the settlement pattern changed, has the General Plan <br /> changed, has the Community Development Plan changed, has anything changed? And then we <br /> look at amending conditions or possibly changing the recommendation. They could come in and <br /> say, things have changed so much that we do not recommend the time extension, and this should <br /> no longer be valid. <br /> So, we look at just like how we look a new one that comes through. We look at every single <br /> component of it and then adjust conditions or request them to do additional. Such as, typically <br /> it's like a Traffic Impact Analysis Report and other cases we've seen a EA come up. So, we <br /> really look at it complete. <br /> LIN: Thank you Director Kern and my second question would be on the lines of what <br /> Commissioner Aguinaldo had asked. So, say if I was a developer and I got the ordinance <br /> approved by County Council to develop a 200-unit development and I decide to sell that parcel <br /> to another developer, and they decide to hold off on that project because they do not have <br /> funding or what not for another 10 years. What happens to that ordinance if they decide to <br /> suddenly say, oh well, we have money now we now want to start up this development again. <br /> KERN: Sure, so, we see that and so if that were the case and the ordinance were expired <br /> unless let's just assume it's expired. Then they would have to come into the Department submit <br /> an application for a time extension and then we would go through the entire review of that. It <br /> would come through the appropriate Commission; it would go to County Council and the County <br /> Council would make the final decision to approve that or not. But, again, we still look at <br /> holistically all the way through top to bottom again. <br /> LIN: So, I think that's the I guess the contention point with the community is. We have <br /> those situations that there is somebody who gets an approval for a development, but they decide <br /> to sell it, or something changes,and the new owner decide not to build it for another 10-15 years. <br /> So, at that time,they would come back to the Planning Department request for the time extension <br /> and then would comae back to Commission. <br /> KERN: Correct and when we are looking at it, we would say, yeah, you know 15 years <br /> ago you did a traffic impact analysis report but, currently you need one now. So then, they <br /> would have to hire an engineer, they would give us a new TIAR (Traffic Impact Analysis <br /> Report). Those conditions would then be potentially adjusted depending on the level of service. <br /> So, it's not just come back through, and it's just timed, it's really, we factor, and things change, <br /> the General Plan change. <br /> LIN: So, I guess my thought would be wouldn't it be more fair to have them come <br /> again and apply because it's a new owner and maybe they don't have the same idea of what the <br /> previous owner development was. So, maybe like Ms. harden said, maybe they don't want bike <br /> 8 <br /> EXHIBIT B(DRAFT) <br />
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