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PAGE 2 <br />DECEMBER 20, 2010 <br />MAYOR AND TOWN COUNCIL <br />SUBJECT: 347 MASSOL AVENUE — BAY TREE APARTMENTS (APN: 510 -14 -004) <br />DISCUSSION (CONT'D): <br />The applicant has explained that should the Final Map recording be delayed until next calendar year there will <br />be a substantial cost incurred due to additional tax payment requirements. <br />Staff is requesting the Town Council approve the Final Map, subject to review and approval of the Town <br />Manager. There are no public improvements to be completed nor dedications or abandonments required. This <br />authorization will allow Staff some additional time to review the submitted documents and will allow the <br />applicant to record the map prior to the end of the calendar year and avoid incurring additional costs. <br />This item was not complete in time to include it on the Agenda for the regularly scheduled Town Council <br />meeting on December 20, 2010. The California Government Code provides that in the event that a matter <br />requiring consideration and action of the Town Council comes to the attention of the Town after the agenda for <br />a Council meeting has been posted in accordance with the Brown Act (72 hours before a regular meeting), the <br />Council may consider an item of business not appearing on the posted agenda. In order to consider the matter, <br />the Council must publicly identify the item of business and make a determination that there is a need to take <br />immediate action and that the need for action came to the attention of the Town after the agenda was posted. <br />The vote by Council to consider this item of business must pass by 2/3 vote of the members of the Council <br />present. The Agenda for this meeting was posted at approximately 8:40 a.m, on Friday, December 17, 2010. <br />Staff received a* request from applicant's attorney on the same date after the agenda had been posted. <br />Additionally, Ron Cole of Lyon Communities sent a request today (December 20, 2010) urging Council to <br />approve the Final Map to avoid significant tax and financial consequences. <br />CONCLUSION: <br />Staff recommends that the Town Council approve the Final Map, subject to the review and approval by the <br />Town Manager for 347 Massol Avenue — Lyon Bay Tree Apartments in conformance with the approved <br />Planned Development Ordinance 2171. <br />ENVIRONMENTAL ASSESSMENT <br />None. <br />FISCAL IMPACT <br />There are no known direct fiscal impacts associated with this approval. <br />Attachments: <br />1. Email from Michelle Staples, Attorney for the applicant <br />2. Letter from Ron Cole, applicant <br />Distribution <br />Lyon Bay Tree Apartments, LLC <br />