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<br /> <br /> <br /> Communication 1113 <br /> Bill 274 <br /> Page 2 of 4 <br /> <br /> Tentative Subdivision Approval was received on December 17, 2003, but was not <br /> able to secure Final Subdivision Approval by the deadline of April 26, 2005. <br /> Delays in receiving approval for construction plans prevented applicant from <br /> meeting the deadline set forth in Condition B and applicant is requesting a <br /> five-year extension to comply. The Planning Commission approved a request to <br /> nullify Use Permit No. 126 and applicant is no longer pursuing the 9-hole golf <br /> course. As noted in Communication 1113, applicant has consistently been <br /> working towards compliance with the conditions for the change of zone and its <br /> non-performance is the result of conditions that could not have been foreseen and <br /> were beyond control of the applicant. <br /> <br /> Approval of this request would not be contrary to the General Plan or the original <br /> reasons for granting the Change of Zone. In addition, since this request was <br /> originally approved, there have not been any significant changes to the General <br /> Plan that would affect the project. <br /> <br /> At the April 8, 2008 Planning Committee meeting, Director Yuen presented a brief <br /> summary of applicant's request explaining that this was a time extension primarily for a <br /> rezoning that was granted some time ago, and the Department was basically in favor of <br /> an extension. Mr. Yuen said there was also a request to modify part of Condition B that <br /> limits the subdivision to a total of 22 lots, and that both the Planning Department and the <br /> Planning Commission were in favor of applicant's request for increasing the total number <br /> of lots to 25. <br /> <br /> Committee Chair Pilago presented a brief chronology of the change of zone request and <br /> Mr. Fujiyama confirmed that in discussions with the Planning Director, an agreement had <br /> been reached regarding the April 26, 2008 administrative extension of time, and that this <br /> request was to correct an oversight or error. Mr. Fujiyama explained that the rezoning <br /> was granted in 1973 before they acquired the property and that it was already rezoned <br /> Agricultural 1-acre when they purchased the property and started the subdivision <br /> planning approval process at the end of 1999. Mr. Yuen added that although the project <br /> started in 1973, this particular zoning only goes back to 1995. <br /> <br /> Councilmember Higa recused himself from voting on this matter because Mr. Fujiyama <br /> is a known supporter of his. However, Mr. Higa did request to participate in discussions <br /> since the project is located within his Council District. Mr. Higa said that Mr. Jacobson's <br /> comments have some validity, but there needs to be an understanding on a case by case <br /> basis, of the process that has been going on regarding the extension. Planning Director <br /> Yuen explained that the typical wording of an ordinance is that an applicant shall obtain <br /> final subdivision approval within five years and if they don't and the five years run out, <br /> the Department will generally grant a one-time administrative time extension and that <br /> gives the application 10 years. Any extension after that would be brought to the Council <br /> for approval. Mr. Higa said there has been a lot of other rezonings in the general area and <br /> that this proposal is consistent with those rezonings as well as consistent with the Low <br /> Density Urban designation of the General Plan. <br /> <br /> PC Report No. 81 <br />