SR 05:322 - Laserfiche WebLink

This issue came up most recently when Council approved a major modification to the Berlogar/Chrisman PUD. The Berlogar Lot IS designated HillsidelLow Density Residential/Open Space and the property owner intends to subdivide only the Low Density portion at this time. Under the Financing Program, the property owner will be required to pay Specific Plan fees for 14 lots (nine within the Low Density portion and five in the Hillside/OpenSpace portion) even though the Hillside/Open Space portion is not being subdivided at this time. The Council adopted a condition that would require the property owner to pay the fees for the "Lot" unless the Financing Program were modified to defer payment for the lots within the Hillside Residential/Open Space portion until a map creating those lots was approved. Staff has prepared this staff report to allow the Council to determine whether amendments to the Financing Program are warranted to address the situation posed by Berlogar and by other scenarios affecting when payment of the Specific Plan fees is to be made. DISCUSSION Finance Program #7 As to residential lots within the Specific Plan, because the financing program is based, in part, on the development of 189 new buildable lots, staff believes the Financing Program should be continue to provide that generally the fees are to be paid at the time of the approval of a parcel or final map. For Lots designated in part "Hillside Residential" there would be an exception. The Specific Plan fees would be paid only for the buildable lots created by the subdivision map. In the Berlogar case, for example, the property owner would be required to pay the Specific Plan fees only for the nine buildable lots created by the subdivision map in the Low Density Residential portion of the Lot. The fees for the remaining five buildable lots allowed under the Plan would wait until the Hillside Residential/Open Space portion is subdivided. As to potentially buildable lots in the Hillside Residential designated portion of a Lot, once a map is approved that creates more than half the lots allocated to that designation, then all Specific Plan fees for that Lot (to the extent they haven't already been paid) are to be paid. For example, in the Berlogar scenario, assume the property owner came in and wanted to file a parcel map to create three of the five remaining buildable lots. Because those five buildable lots are within the Hillside Residential designated portion of the Lot and the parcel map would create than half of the remaining buildable lots, the property owner would be required to pay the Specific Plan fees for all five of the buildable lots, even though only three were being created with the parcel map. In another example, assume a property owner has a Hillside/Open Space designated Lot that would allow four new buildable lots in addition to an existing residence. The property owner wants to create one new lot. The owner would pay the Specific Plan fees for the one new lot. SR 05:322 Page 3 ,