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HomeMy WebLinkAboutAgenda Statement 1987/10/13 Item 25• COUNCIL AGENDA STATEMENT Item 25 Meeting Date 10/13/87 ITEM TITLE: Public Hearing: Moratorium Extension on Planning Commission consideration of residential tentative subdivision maps within the area east of I-805 Ordinance ~z3 ~ Extending an Interim Ordinance declaring a moratorium on planning consideration of residential tentative subdivision maps within the area east of I-805 and amending Chula Vista Municipa Code Section 19.12.130 to provide a procedure for administrative relief from moratoriums SUBMITTED BY: Director of Planning ~~~~~I " ~; ~ ,~~-/C REVIEWED BY: City Manager (4/5ths Vote: Yes X No ) On July 21, 19$7, City Council passed residential tentative maps before the onsider the moratorium extension. a 90-day moratorium on the processing of Planning Commission. This hearing is to COMMENDATION: That Council adopt the ordinance extending the moratorium to December 1, 1987, or until Council adopts interim growth management policy guidelines and threshholds (development service standards), and enacts interim regulations for their implementation, whichever occurs first. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The purpose of the moratorium was to allow the development of threshhold standards by the Crossroads/Developer Coalition. The results of that cooperative effort have just been transmitted to Council. The document is being reviewed by staff and pertinent City Boards and Commissions. Once reviewed, it will be forwarded to Council for action as aIn interim growth control measure. This review is expected to take 30-45 days. The proposed threshholds may ultimately be incorporated into the Growth Management Component of the General Plan. On September 25, 1987, staff advertised a Request for Proposals to prepare a Growth Management Program for the City. Funding for the proposal was included in the Fiscal 87-88 Capital Improvement Program. Proposals are due October 30, 1987, with interviews, selection and Council contract authorization to follow. The program is expected to take 6-9 months to complete. For an alternate process, please see the City Manager's comments under Item 3a. Page 2, Item 25 ' Meeting Dade 10/13/87 our projects are potentially affected by the moratorium extension but only one in reality if the extension were to December 1, 1987. El Rancho Del Rey has filed tentative maps but would be unaffected. The EIR SPA plan, public facility finance plan, design guidelines and development regulations will be considered by the Planning Commission on October 28, 1987, but the tentative maps are not scheduled until December. Eastlake Greens has filed tentative maps but they would not be considered this year since the property has to be annexed and general planned first. Mission Verde, as outparcel in Rancho Del Rey has been working with staff on a proposal but has not yet filed. If they filed today, they would not reach the Commission until December. The one project left is a subdivision in Terra Nova for 132 lots and 359 dwelling units. Conceivably, this project could be heard by the Planning Commission in November. The moratorium extension could delay the project for 30 days. This ordinance would also amend Section 19.12.130 of the Municipal Code dealing with interim ordinances. The amendment would establish an administrative process by which a property owner could appeal for relief from the moratorium if it would constitute an undue hardship on the landowner's property. The recent U. S. Supreme Court case First Lutheran Church v. County of Los Angeles held that an interim ordinance could constitute a taking of property. The proposed procedure would protect the City from claims of "taking" by giving the City an opportunity to review the claim of the landowner to determine if it has an unreasonable effect. At the same time, it gives the landowner an opportunity to seek relief from any undue hardship caused by the ordinance. ~ISCAL IMPACT: Some short-term impact on subdivision revenues to the City. The private sector impact is unknown. WPC 4372P ~., .. o•~....? y the City Council of Chula Vista, Caiif~or~ia Dated ~~~6=~~~ { .