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ANALYSIS Because the current Development Agreement will expire on September 23, 2012, the applicants request a five -year extension of the Development Agreement to September 23, 2017. With such an extension, the development rights and responsibilities described in the original Development Agreement (Exhibit A) as amended by the subsequent design change, would remain in effect during this extended period. The underlying planned unit development, as modified by the 2006 design change, remains consistent with the current General Plan and Vineyard Avenue Corridor Specific Plan. For the approved project, no grading is required in areas with a 25% or greater natural slope, as the slope on the north -east portion of the property was created during the construction of Old Vineyard Avenue, and this berm's slope appears to be slightly less than 25 A small area of the project's roadway does cross a slope that appears to be 25% or greater, but this overlaps the existing roadway providing access to existing development the Chrisman's current home. Thus, the proposed extension is consistent with the current General Plan. The project is a low density residential development as allowed by the Specific Plan. The Chrismans' earlier agreement on area -wide infrastructure improvements and financing facilitated timely development of the Vineyard Corridor. One condition that City staff proposes to impose on this request for extension is that the Vineyard Avenue Corridor Specific Plan Preparation Fee (covering costs of the City in preparing the Specific Plan, Environmental Impact Report, and supporting economic analysis reports [see pg. 109, paragraph 6, of the Specific Plan]) still be levied on the project when a final subdivision map is submitted for approval. Under the current terms of the Vineyard Avenue Corridor Specific Plan, such Specific Plan Preparation Fee is payable for 15 years after the City's 1999 adoption of the Specific Plan (effectively 2014). However, with the proposed extension of the Development Agreement, the Chrismans could delay the filing of a final map until 2017. City staff therefore recommends that this Specific Plan Preparation Fee still be collected, as this results in the Chrismans still fulfilling their existing obligations. In any event, the payment of other Vineyard Avenue Corridor Specific Plan fees does not expire after 15 years (or at all). Because of the current challenging economic climate, staff supports the request for the extension and recommends that the Planning Commission provide a positive recommendation to the City Council. PUBLIC NOTICE Notice was mailed to all property owners and residents within a 1,000 -foot radius of the project site. Mary Roberts contacted staff, expressing her objection to the extension as she did not believe there would be any benefits to the City to extend the Development Agreement. Case No. PDAM -02 Planning Commission Page 3 of 4