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In July 2006, the applicant proposed a major modification to the Ruby Hill PUD development plan to relocate the former sales office building and convert it to a restaurant, and to create a future home site. The applicant also requested consideration of a conditional use permit to allow alcohol sales after 10:00 p.m. This request was approved by the City Council in July 2007 following the recommendation by the Planning Commission. With the challenging economic climate shortly after the approval, the applicant has advised that it was difficult to secure financing, which delayed construction. Subsequently, the applicant requested extension of the approval. The Zoning Administrator authorized two, one-year extensions, which extended the approval until August 16, 2011. On July 22, 2011 the applicant requested to modify the 2007 approval to extend the approval for two more years until August 16, 2013. A modification to extend the approval without changing the project, such as this request, is normally processed as a PUD minor modification. Notices of the requested modification are sent to the surrounding property owners/residents. If no concerns regarding the requested modification are received during the public comment period, the Zoning Administrator has the authority to make a decision on the request, and the decision is forwarded to the Planning Commission and the City Council as a Zoning Administrator Action item. Either the Planning Commission and/or the City Council can appeal the Zoning Administrator's action. If concerns are raised from the public notice, the proposed PUD minor modification becomes a PUD major modification. A PUD major modification applicant is subject to review and approval by the City Council, following recommendation on the application by the Planning Commission. On receiving notice of this request, one Ruby Hill resident contacted staff with concerns that as the restaurant was not built during the original approval, it would be a waste of time to consider extending the approval. Later, four other Ruby Hill residents contacted staff with concerns regarding the security of Ruby Hill, and potential noise and traffic impacts. See page 6 of the Planning Commission Staff Report for additional details. As concerns were raised by residents, the application became a Major Modification and requires Planning Commission and City Council review. However, none of the residents who raised concerns attended the Planning Commission Public Hearing. PROJECT DESCRIPTION The current request is to modify Condition No. 6 of City Council Ordinance No. 1956 to extend the approvals for Case Nos. PUD-93-02-09M and PCUP-182 for two more years to expire on August 16, 2013. No major revisions to the original project have been proposed. The original project includes the following: * Change the existing use of the building from sales office to restaurant; • Relocate the existing two-story, approximately 4,200-square-foot former sales office building toward Vineyard Avenue and to the east side of the seasonal drainage channel; * Create basement area for use as a wine cellar; * Construct a new driveway off of Vineyard Avenue and a 100-space parking lot for restaurant staff and patrons; Page 3 of 6