AN ORDINANCE GRANTING A ONE-YEAR TIME EXTENSION TO ALL DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND VARIANCE APPROVALS WHICH ARE DUE TO EXPIRE ON OR BEFORE MARCH 1, 2010.

SUBJECT:

CONSIDERATION OF AN ORDINANCE GRANTING A ONE-YEAR TIME EXTENSION TO ALL DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND VARIANCE APPROVALS WHICH ARE DUE TO EXPIRE ON OR BEFORE MARCH 1, 2010

RECOMMENDATION: That the City Council introduce and waive further reading of an ordinance granting a one year time extension to all Development Plan, Conditional Use Permit and Variance approvals which are due to expire on or before March 1, 2010.

COUNCIL GOALS: Invest in the Growth and Evolution of the City’s Economy

• Regularly review Ontario’s Municipal Code for negative impacts on business and make appropriate revisions.

FISCAL IMPACT: Adoption of the Ordinance could result in the loss of fees for the processing of time extension requests (at the rate of $490 per application). Conversely, future building permit fees, development impact fees and property tax, sales tax, and business license revenues could be lost should current development applications be allowed to expire.

BACKGROUND: At the January 20, 2009 meeting, the City Council directed staff to review the impacts of the current recession on development and land use applications within the City and make recommendations that might assist developers, land owners and business owners through this economic slowdown. The Development Code establishes the regulatory framework for controlling the development and use of land in the City. These regulations generally require an applicant to submit and have approved, a Development Plan, and in some cases, a Conditional Use Permit and/or Variance application. City regulations further provide for the expiration of Development Plans, Conditional Use Permits and Variances after specified periods of time, as follows:

• Development Plan—Two (2) years following application approval, unless a building permit is issued and construction is commenced and diligently pursued toward completion, or a time extension has been approved.
• Conditional Use Permit—One (1) year following application approval, unless the approved use has commenced or a time extension has been approved.
• Variance—One (1) year following application approval, unless a building permit is issued and construction is commenced and diligently pursued toward completion, or a time extension has been approved.

With the current slowdown in the economy, developers and land/business owners face the prospect of having their Development Plan, Conditional Use Permit and Variance approvals expire before they can obtain financing for their projects. Staff recommends the City Council grant a one (1) year time extension to Development Plan, Conditional Use Permit and Variance approvals which are due to expire before March 1, 2010.

In addition to reviewing Development Plan, Conditional Use Permit and Variance applications, staff considered time extensions for tentative subdivision maps. However, SB 1185, which was signed into law on July 15, 2008, already granted an automatic one (1) year time extension by the State on all tentative subdivision maps that are due to expire before January 1, 2011.

A total of 95 applications would be affected by the granting of a one-time, one (1) year time extension including 48 Development Plans, 39 Conditional Use Permits and 8 Variances.

ENVIRONMENTAL REVIEW: The project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to § 15061(b) (3) of the CEQA Guidelines, which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

STAFF MEMBER PRESENTING: Jerry L. Blum, Planning Director