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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
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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.
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avoiding U.S. federal tax- related penalties or (ii) promoting, marketing, or recommending
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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
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