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Home My WebLink AboutMINUTES - 08052003 - C.125 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICD fi° 'x Crista COMMUNITY DEVELOPMENT DIRECTOR1<<,. County cvuK /r`�� DATE: August 5, 2003 � SUBJECT: Request by Shapeli Industries of Northern California, Ponderosa Homes and Braddock and Logan for a Provisional Five Year Extension for Subdivisions 8331, 8381, & 8382, Commonly known as Alamo Creek and Intervening Properties, in the Tassa"ara area District 111 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE the request from Bingham McCutchen LLP representing Shapell Industries of Northern California, Ponderosa Homes and Braddock and Logan for a previsional five-year stay of the life of each vesting tentative map in order to extend the time to file a final map for Subdivisions 8331, 8381 and 8382, because of pending litigation. The initial expiration date will change from July 9, 2005 to July 9, 2010. This stay will expire if the litigation is resolved in less than five years. FISCAL IMPACT None CONTINUED AN ATTACHMENT: X YES SIGNATURE RECO;MENDAT#ON OF MUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE "--,APPROVE OTHER SIGNATURES ACTION OF BOMO ON AWLIst 5, ZW3 APPROVED?AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENZbne } CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT-ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Michael Henn[{925)335-1204] ATTESTED kigust 5, 2003 cc: Community Development(CDD) JOHN SWEETEN, CLERK OF THE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Public Worms t ,DEPUTY August 5, 03 Board of Supervisors File#SD 8331,8381 &8382 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS In July of 2002, the Board of Supervisors approved the vesting tentative maps for the combined projects. Subsequent to that approval, on August 7, 2002, the Town of Danville and the Sierra Club, et al, filed a lawsuit challenging the Board's decision. Section 66452.6-c of the Subdivision Map Act provides that the term of a vesting tentative map "shall not include the period of the time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency." Pursuant to Section 66452.6-c, the applicants request that the County approve a stay until the litigation is finally resolved or five years, whichever occurs earlier. The attached letter, dated May 30, 2003, from Bingham McCutchen LLP contains the request and provides background. It is the intent of Section 66452.6-c of the Subdivision Map Act to allow local jurisdictions to extend the time to file the final map for up to five years so that the jurisdiction's approval does not expire due to litigation. The request is consistent with State law and other such extensions have been granted. G:DF993042EABO BINGHAM McCUTCHisN 03 J0 -2 PH 4* 15 May 30, 2003 Direct:(925)975-5339 cecily.talbert@bingham.com Our File No.2722720045 VIA U.S. MAIL Bingham McCutchen CLP Dennis M. Barry Suite 210 1333 North California Blvd. Contra.Costa County PO Bax v Community Development Department Walnut creek, CA 651 Pine Street, 4th Floor,North Wing 94596.1270 Martinez, CA 945553 925.937.8000 Re: Alamo Creek/Intervening Properties: 925.975.5390 fox Application for a Litigation Stay of the Life of Vesting Tentative Maps (SD 8331, 8381, 8382) Under bingf am.c° , Government Code Section 66452.6(c) Boston Dear Mr. Barry: Hartford London I am writing on behalf of Shapell Industries of Northern California, Inc.; Los Angeles New vacs Braddock & Logan Group II, L.P.; and Ponderosa Homes II, Inc. to request San Francisca that the County grant a stay of the life of each vesting tentative map for the Silicon valley Alamo Creek/Intervening Properties project(SD 8331, 8381, 838.2) under Singapore Government Code section 66452.6(c). Walnut Creek Washington Government Code section 66452.6(c) provides that the life of a tentative map as specified in Government Code section 66452(a) may be stayed for a period of up to five years in the event of pending litigation involving the approval of that tentative map. After the local agency is served with the initial petition or complaint in the lawsuit, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. As you know, the Board of Supervisors approved the Alamo Creek/Intervening Properties project on July 9, 2002, including the above-referenced vesting tentative maps. On August 7, 2002, two petitions were filed: Town of Manville v. Contra Costa County, et al. (Case No. CO2-02550) and Sierra Club, et al. v. Contra Costa County, et al, (Case No. CO2-02157), both challenging the County's approval of the project and related entitlements, including approval of the vesting tentative maps. Two additional related suits have been filed: Sierra Club, et al. v. LAFCO of Contra Costa County, et al. (Case No. NO2-1684, filed on November 13, Dennis M. Barry May 30, 2003 Page 2 2002) and Town of Danville v. Contra Costa County, et al. (Case No. CO3-00344, filed on February 6, 2003) ("Project Litigation"). To protect against the possibility of these tentative maps expiring during the pendency of the litigation, our clients request that the Board of Supervisors grant a stay of the life of each vesting tentative map until the earlier of(a) the date upon which the Project Litigation is finally resolved with respect to each map, or(b) five years. Bingham McCutchen LLP bingham.cam Please note that we sent to you the requisite $1,$00.00 filing fee ($600.00 per stay request)under separate cover ori or about May 23, 2003. Thank you for your prompt consideration of this matter. If you have any questions, feel free to contact me. Very truly yours, Cecily . Talbert 30I57152_I.DOC cc: Chris Truebridge Joe Raphel Jeff Schroeder