2010122008 - 347 Massol Avenue - Desk Item

Home Browse Search

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