COM 0368.000 2012-2014 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The previous applicant, Puluwai, Inc, requested amendments to comply with Condition B (time to secure water commitments), Condition C (time to submit and secure final subdivision approval) and Condition 0 (annual progress report submittal). The amendments were approved under Ordinance No. 05-110 effective on July 13, 2005. The applicant is currently requesting a seven (7)-year time extension to comply with Condition C (time to secure final subdivision approval) and Condition K(deadline for fair share payment) of Ordinance No. 05 110. As previously mentioned, the Planning Director is recommending a favorable recommendation for the 7-year time extension to comply with Condition C (time to secure final subdivision approval),but will be amending Condition K (deadline for fair share payment)to require payment to become due and payable prior to receipt of Final Subdivision Approval and not by a time deadline. The amendment request 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 their fault or negligence. The applicant purchased the subject property in a partnership in 2008. With the downturn of the economy, one of the partners was unable to continue and withdrew from the partnership. The applicant bought out that portion of the property. In 2012, the other partner was forced to withdraw from the partnership. Again, the applicant bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. As a result of the economy's effect on the partnership, conditions were unable to be addressed or completed. These unforeseen issues have caused delays that have prevented the applicant from finishing the project by the deadline for compliance with Condition C and Condition K. Based on the reasons provided, it is determined that the applicant could not have foreseen the poor economy and partnership pressures, which was beyond their control, and was not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan, the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designate this area as Low Density Urban. These areas include residential, with ancillary community and public uses, and neighborhood and convenience-type