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01-17-2012 - Urgency Ordinance Establishing a Moratorium to Pro - Item 15 Attach 2 (2).pdf74 Vacant Lots Tract Nos. 32324, 47809 IUMEM222=1 605 ft CityGIS Page 1 of 1 Copyright ©2006 All Rights Reserved. The information contained herein is the prorrietary property of the contributor supplied under license and may not be approved except as licensed Icy Digital Map Products. http://maps.digitalmapcentral.com/production/CityGIS/v07_03_001/index.p4.1.aspx 12/14/2011 PALMIERI, TYLER, WIENER, WILHELM & WALDRON, ANGELO J PALMIERI (1928-1996) ROBERT F. WALDRON (1927-1998) 2603 MAIN STREET EAST TOWER — SUITE 1300 IRVINE, CALIFORNIA 92614-4281 (949) 651-9400 www.pt,www.com January 3, 2012 ALAN H. WIENER' ROBERT C. IHRKE' DENNIS G. TYLER* MICHAEL J. GREENE" DENNIS W. GHAN' DAVID 0. PARR' CHARLES H. KANTER' PATRICK A. HENNESSEY DON FISHER GREGORY N. WEILER WARREN A. WILLIAMS JOHN R. LISTER GARY C. WEISBERG MICHAEL H. LEIFER SCOTT R. CARPENTER RICHARD A. SAWS NORMAN J. RODICH RONALD M. COLE MICHAEL L. D'ANGELO STEPHEN A. SCHECK DONNA L. SNOW RYAN M. EASTER ELISE M. KERN MELISA R. PEREZ MICHAEL I. KEHOE CHADWICK C. BUNCH ELIZABETH VALADEZ AN1SH J. BANKER ROBERT H. GARRETSON RYAN M. PRAGER ELAINE M. SEARLE JERAD BELTZ ERIN LIALSARA NADER! ERICA M. SOROSKY PETER MOSLEH JOSHUA J. MARX P.O. BOX 19712 IRVINE, CA 92623-9712 WRITER'S DIRECT DIAL NUMBER (949) 851-7238 WRITER'S DIRECT FACSIMILE NUMBER (949) 825-5420 FIRM'S DIRECT FACSIMILE NUMBERS (949) 851-1554 (949) 757-1225 gweiler@ptwww.com JAMES E. WILHELM, OF COUNSEL REFER TO FILE NO. 'A PROFESSIONAL CORPORATION VIA E-MAIL Mr. Andrew G. Pasmant City Manager, City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 Re: Proposed Moratorium on Development of 74 properties within the South Hills subdivision Dear Mr. Pasmant: We are in receipt of the proposed Agenda Item 15 dated December 20, 2011, at the City Council's January 17, 2012 meeting recommending a development moratorium. This office represents South Hills Homes Partnership, the owner of the subject property ("Property"). Staff acknowledges they have received inquiries from a proposed purchaser of a portion of our client's property, a publicly traded homebuilder, which inquiries apparently led the Staff to believe that the Property might be developed in the immediate future. The Staff stated in its recommendation to the Council: "City Staff is concerned that some issues were not originally covered by the Conditions of Approval in the original tract maps. Staff would like to evaluate current development standards prior to the formal submittal of a proposal by the developer, which will help avoid issues which could arise if the houses are developed under current zoning regulations. . . ." 605346.2 PALMIERI, TYLER, WIENER, WILHELM &WALDRON Mr. Andrew G. Pasmant January 3, 2012 Page 2 Staff then goes on to discuss various questions that the Staff has with respect to parking, common area maintenance, drainage and/or landscaping, the relationship between pad size and floor area of houses, the size of pads, building heights and number of stories and a review process for decks. Nowhere in the Staffs recommendation is there any mention whatsoever of any health and safety issue. In a nutshell, staff states that it would be "convenient" to have a moratorium. I would direct you to California Government Code Section 65858, which provides in pertinent part the following requirements before City can adopt an interim development moratorium: "65858(c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains legislative findings that there is a current and immediate threat to the public health, safety or welfare and that the approval of the additional subdivisions, use permits, variances, building permits or other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to the public health, safety or welfare. . ." Obviously the Planning Law frowns on emergency moratoriums reserving them for real emergencies. We also point out that our client's Property was previously subdivided with a final subdivision map and bonded public and private improvements, all of which have been completed, inspected and accepted by the City. The lots have been graded pursuant to a City approved and permitted precise grading plan, which approved plan covers 32 lots of which 10 have been improved with completed homes, with the remaining 22 lots to be improved in accordance with such plan. Although no building permits for the remaining 22 lots for individual homes have been issued, it is our position that our client has vested development rights in the lots by reason of the substantial public and private improvements completed by our client with the full cooperation of the City and the City's acceptance of such improvements. Given that our clients property is an infill, undeveloped parcel surrounded by single-family homes developed under the same development standards of the adjoining community and those mentioned in the Staff Report, and that there have been no assertions whatsoever by members of the community as to health and safety problems, even if the City Council has the will (the necessary supermajority) we respectfully submit that the City does not have the legal authority to adopt the recommended moratorium. 605346.2 Please call if you have any questions. Yery GNW:lm PALM1 ERI, TYLER, WIENER, WI LH ELM &.WALDRON Mr. Andrew G. Pasmant January 3, 2012 Page 3 We recognize that a talented and ingenious staff can always dream up potential health and safety issues, but such post hoc justification for a proposed moratorium will be viewed by our client with the utmost seriousness and brought to the immediate attention of the Superior Court challenging such adoption. We respectfully submit that the Staff closely review Proposed Agenda Item 15 with the City Attorney in light of the above and withdraw such proposal. All the concerns expressed by the Staff can be addressed through the normal planning process which will also give our clients the ability to address such concerns and protect their interests. cc: South Hills Homes Partnership (via email Arnold M. Alvarez-Glasman, City Attorney (via email) 605346.2