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2010122008 - 347 Massol Avenue - Desk Item�pW N OF !OS G jpS COUNCIL AGENDA REPORT DATE: DECEMBER 20, 2010 MEETING DATE: 12/20/10 ITEM NO: DESK ITEM TO: MAYOR AND TOWN COUNCIL �. FROM: GREG LARSON TOWN MANAGER JUDITH J. PROPP, TOWN ATTORNEY SUBJECT: 347 MASSOL AVENUE — BAY TREE APARTMENTS (APN: 510 -14 -004) APPROVE THE FINAL MAP FOR 347 MASSOL AVENUE — LYON BAY TREE APARTMENTS IN CONFORMANCE WITH THE APPROVED PLANNED DEVELOPMENT ORDINANCE 2171. RECOMMENDATION 1. Approve a motion by 2/3 vote of the Council to consider the request to approve a Final Map for Lyon Bay Tree Apartments; and 2. Approve the Final Map, subject to review and approval by the Town Manager for 347 Massol Avenue — Lyon Bay Tree Apartments in conformance with the approved Planned Development Ordinance 2171. BACKGROUND On December 15, 2008, the Town Council adopted Ordinance No. 2171 approving a Planned Development (PD) for conversion of the existing fifty -six apartments (Bay Tree Apartments) to condominiums, parking lot and site improvements and exterior fagade improvements. The Planning Commission approved the Tentative Map (M- 09-05) on September 9, 2009. DISCUSSION The Conditions of Approval incorporated into the Planning Approvals required certain items to be completed prior to the approval and recording of the Final Map. Among these items is a Housing Agreement (Deed Restriction) covering the affordability requirements of the project and documentation of sewer capacity fee payments as required by West Valley Sanitation District. The last of these documents was provided on December 8, 2010 which did not allow staff adequate time to review and prepare the staff report for the December 20, 2010 meeting. The next Town Council meeting is scheduled for January 18, 201. 1. Upon receiving the information that this item would not make the December 20, 2010 Town Council Agenda, the applicant contacted the Town to urge inclusion in this agenda date based on financial hardship. PREPARED BY : TODD CAPURSO Director of Parks and Public Works Reviewed by: Assistant Town Manager lWff own Attorney Clerk Administrator ance Community Development NAMGR \AdminWorkFiles\2010 Retention\2010 Council Reports \12 -20 -10 MASSOL347- FINALMAP- AUTHORIZATION (3),doc PAGE 2 DECEMBER 20, 2010 MAYOR AND TOWN COUNCIL SUBJECT: 347 MASSOL AVENUE — BAY TREE APARTMENTS (APN: 510 -14 -004) DISCUSSION (CONT'D): The applicant has explained that should the Final Map recording be delayed until next calendar year there will be a substantial cost incurred due to additional tax payment requirements. Staff is requesting the Town Council approve the Final Map, subject to review and approval of the Town Manager. There are no public improvements to be completed nor dedications or abandonments required. This authorization will allow Staff some additional time to review the submitted documents and will allow the applicant to record the map prior to the end of the calendar year and avoid incurring additional costs. This item was not complete in time to include it on the Agenda for the regularly scheduled Town Council meeting on December 20, 2010. The California Government Code provides that in the event that a matter requiring consideration and action of the Town Council comes to the attention of the Town after the agenda for a Council meeting has been posted in accordance with the Brown Act (72 hours before a regular meeting), the Council may consider an item of business not appearing on the posted agenda. In order to consider the matter, the Council must publicly identify the item of business and make a determination that there is a need to take immediate action and that the need for action came to the attention of the Town after the agenda was posted. The vote by Council to consider this item of business must pass by 2/3 vote of the members of the Council present. The Agenda for this meeting was posted at approximately 8:40 a.m, on Friday, December 17, 2010. Staff received a* request from applicant's attorney on the same date after the agenda had been posted. Additionally, Ron Cole of Lyon Communities sent a request today (December 20, 2010) urging Council to approve the Final Map to avoid significant tax and financial consequences. CONCLUSION: Staff recommends that the Town Council approve the Final Map, subject to the review and approval by the Town Manager for 347 Massol Avenue — Lyon Bay Tree Apartments in conformance with the approved Planned Development Ordinance 2171. ENVIRONMENTAL ASSESSMENT None. FISCAL IMPACT There are no known direct fiscal impacts associated with this approval. Attachments: 1. Email from Michelle Staples, Attorney for the applicant 2. Letter from Ron Cole, applicant Distribution Lyon Bay Tree Apartments, LLC ATTACHMENT 1 John Gaylord From: Michele Staples <MStaples @jdtplaw.com> Sent: Friday, December 17, 2010 3;28 PM To: John Gaylord Cc: Ron Cole Subject: FW; URGENT REQUEST FOR A CALL BACK Hi John. I am the attorney for Lyon Communities, with regard to their Baytree condominium project. I left voice messages for you and Town Attorney Judith Propp as well. 1 would like to discuss a couple of alternatives for getting the final map certified and recorded by the end of the year. Please give me a call as soon as possible. Thank you. Michele A. Staples, Esq. Jackson I DeMarco I Tidus I Peckenpaugh 2030 Main Street, Suite 1200 Irvine, CA 92614 (949) 851 -7409 -- Direct Dial (949) 233 -5039 -- Cell (949) 752 -8585 -- Main Office (949) 752 -0597 -- Fax This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney- client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e -mail and delete this message. U.S. Treasury Circular 230 Notice Any U.S. federal tax advice included in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding U.S. federal tax- related penalties or (ii) promoting, marketing, or recommending to another party any tax related matter addressed herein. JDTP is a recognized Partner in ABA -EPA's Law Office Climate Challenge 1 DEC -20 -2010 MON 03:31 PM JDT &P IRVINE sec FAX N0, 9497520597 .••h w °4y �W I r 1 LLYONJJ COMMUNIT (� CAPITAL, VENTURES • COrJYMUNrf'Y f3L'Vfe.l.OPRILi4 - PROPERTY MAN L 1LN December 20, 2010 VIA FACSIMILE (408 -354 -8431) Town Council Town of Los Gatos 110 East Main Street Los Gatos, CA 95030 Attention: Jackie Rose, Clerk Administrator RI=: Request for Immediate Action to Approve Say Tree Final Map Dear Mayor McNutt and Honorable Council Members: ATTACHMENT 2 DEC 20- ?010 TOW 0 I LOS GAIT CLERK DE PARTMENT Lyon Communities has been working with the Town's staff to finalize the final map for the Say Tree condominium project. The complete map package was filed with the Town on December 8, 2010. The Town Engineer reviewed the map and determined that it conforms to the previously approved tentative map and that all conditions have been satisfied. We understood that there was plenty of time for the Town to approve the map so, that it could be recorded by the end of this year. We were disappointed to learn on Friday that the map was not able to he scheduled on the agenda for tonight's Council meeting, Because there are significant tax and financial consequences if the map Is not recorded by year -end, we request that the Council consider approving the final map as an Item requiring immediate action, where the need for action came to the attention of the Town subsequent to the posting of the agenda, Thank you for considering this request. Jf you have any questions, please give me a call. Sincerely, Ron Cole 4901 Birch Street - Newport Beach, CA 92660 - 949.252.9101 pomv - 949.252 -9202 fax - Lyon Corrimonitles.com 1002759.1 Bringing Quallty +lonW"