COM 0524.000 2010-2012 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 Condition B of Ordinance No. 95 98 approved on August 23, 1995 required the completion of the subdivision within five (5) years from the effective date of the ordinance, or until August 23, 2000. Subsequently, the Planning Director granted a five - year administrative extension of time to August 23, 2005 to comply with Condition B. Tentative Subdivision Approval for 37 lots was granted on June 23, 2004. In April of 2008, the current landowner (applicant) acquired the property with the intent to complete the subdivision, which would be revised to 35 lots to conform to Condition B. However, due mainly to economic conditions and the depressed real estate market, the deadline for securing Final Subdivision Approval has passed, and the applicant requests the amendment to Condition B "covering the period between August 23, 2005 to present, and an additional 5 years from the effective date of this rezoning amendment to secure final subdivision approval." Further, the applicant requests an amendment to Condition I to reflect an initial extension of time from the effective date of the current amendment. The material proposed to be deleted is bracketed /struck through; material to be added is underscored. • Condition B: "Final Subdivision Approval of the subdivision development shall be secured within five years from the effective date of this [change of zone ordinance] amendment. As represented by the applicant, the proposed subdivision shall not exceed a maximum of [36] 35 lots [(includes the visitor center lot)]." • Condition I: "An initial extension of time from the effective date of this amendment for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances. 1. The non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of its fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year)."