REP PC 045 09/05/2007 2006-2008 - Laserfiche WebLink

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Communication 633 Bill 164 Page 2 of 4 Increment 2 is pending until the required water commitments from the Department of Water Supply for the remaining lots are obtained. 5. The roadway for Increment 2 has been graded to subgrade and lot pads have also been graded and applicant will commence construction once water commitments have been secured. The Planning Director recommended favorably on the request to amend Condition D of Change of Zone Ordinance No. 97-56 based upon the following: • The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, applicant's successors and assigns, and that are not the result or their fault or negligence. • Approval of the request to amend Condition D would not be contrary to the General Plan nor the original reasons for granting of the Change of Zone. • Since original approval of the change of zone request, the General Plan has been amended and the LUPAG Map revised from Urban Expansion to Low Density Urban in the area. • The original request to allow single family residential uses continues to be consistent with the General Plan for this area. At the September 5, 2007 Committee on Planning meeting, there were no statements received from the public. Gary Ashikawa, applicant's representative gave a brief update on the status of the project and request for extension. Mr. Ashikawa noted that Phase I consisting of twenty lots has been completed, however Phase II is held up because they still need to secure water units. He also noted that the Department of Water Supply will not review their plans for Phase II until they have secured the water units. Committee Chair Pilago expressed his concern that after applicant agreed to comply with the affordable housing condition on final subdivision approval of Increment I (agreeing to sell three lots at 140% median), applicant was thereafter released from the agreement and is now being required to provide the three affordable lots upon completion of Phase II. Committee Chair Pilago was concerned that if applicant did not obtain the necessary water units for Increment II, the 3 affordable lots will be lost in the county affordable housing inventory. Director Yuen explained that the affordable housing condition was reworded to its current form to conform to current language and generally does not substantively change the requirement. It provides that compliance be approved by the Administrator of the housing office rather than by the agency and is consistent with what has been done in other rezoning ordinances. Committee Chair Pilago stated his concern is that on February 3, 2005 3 affordable housing lots for increment I was approved and then seven months later, on September 26, 2005, the County released applicant from the affordable housing on completion of Increment I, transferring the requirement over to increment II. Mr. Pilago said we now find that increment II is in jeopardy PC Report No. 45