File #: 15-0727    Name: Harper Canyon Realty
Type: General Agenda Item Status: Consent Agenda
File created: 6/23/2015 In control: Board of Supervisors
On agenda: 7/14/2015 Final action:
Title: Grant a stay of the time period for expiration of the Vesting Tentative Map for the Harper Canyon Realty LLC pursuant to Government Code Section 66452.6(c) and Monterey County Code Section 19.05.060.B for up to five years while litigation is pending. (Stay of Map Expiration - PLN000696 / Harper Canyon Realty LLC, San Benancio Road and Meyer Road, Salinas, Toro Area Plan area)
Attachments: 1. Board Report, 2. Attachment A - Letter from Applicant, 3. Completed Board Order
Title
Grant a stay of the time period for expiration of the Vesting Tentative Map for the Harper Canyon Realty LLC pursuant to Government Code Section 66452.6(c) and Monterey County Code Section 19.05.060.B for up to five years while litigation is pending.
(Stay of Map Expiration - PLN000696 / Harper Canyon Realty LLC, San Benancio Road and Meyer Road, Salinas, Toro Area Plan area)
Report
PROJECT INFORMATION:
Planning File Number: PLN000696
Owner: Harper Canyon Realty LLC
Project Location: San Benancio Road and Meyer Road, Salinas
APN: 416-611-001-000, 416-621-001 and 416-611-002-000
Agent: Mike Cling
Plan Area: Toro Area Plan
Flagged and Staked: No
CEQA Action: Exempt


RECOMMENDATION:
It is recommended that the Board of Supervisors grant a stay, up to May 4, 2020, for expiration of the Vesting Tentative Map for the Harper Canyon Realty LLC pursuant to Government Code Section 66452.6(c) and Monterey County Code Section 19.05.060.B while litigation is pending.

SUMMARY:
On April 7, 2015, the Board of Supervisors approved the Combined Development Permit for the Harper Canyon Realty LLC Subdivision Project. LandWatch Monterey County and the Meyer Community Group have each filed lawsuits challenging the County's approval of the project. Approval of the applicant's request will stay the running of the life of the vesting tentative map during the time the litigation is pending.

DISCUSSION:
On April 7, 2015, the Board of Supervisors approved the Combined Development Permit for the Harper Canyon Realty LLC Subdivision Project. On May 4, 2015, LandWatch Monterey County filed a lawsuit challenging the County's approval of the project (Monterey County Superior Court Case No. M131893). On May 6, 2015, a second lawsuit was filed by Meyer Community Group challenging the County's approval of the project (Monterey County Superior Court Case No. M131913).

Government Code Section 66452.6(c) provides that the life of a tentative subdivision map shall not include any...

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