A final map for Phase II of the Lake Glenn Subdivision has been accepted by the Clearlake City Council. Developer Robert Adelman has had to jump through hoops to get the map finalized, dealing with misinformation from city staff and opposition by those neighboring the project site.
Adelman breathed a sigh of relief with the council”s decision Thursday night, April 26. The decision followed a lengthy discussion that began on April 12 and was carried over to the April 26 meeting.
The situation has been a nightmare for the council as well as for city staff. City Administrator Dale Neiman explained the situation in his report to the council. According to the report, the project was originally approved in 1991 by the Planning Commission, at which time Adelman was not the developer. The City Council approved recording the subdivision map for the first phase, accepting the easements, and authorized the execution of a subdivision construction agreement on Jan. 27, 2006.
The subdivision approval had expired on June 17, 1993; however, the report states that a letter dated March 30, 2006 by former Interim Community Development Director Angela Basch had informed the applicant (Adelman) that the tentative map had not expired. The report further states that Basch had approved all planning-related conditions and informed the applicant of such in a letter dated Nov. 2, 2006.
The report further states that Bob Galusha, interim city engineer, coordinated the review of all the engineering related tasks based on direction from Basch and the construction plans are ready to be approved. It also says that Galusha coordinated the review of the subdivision map based on direction from Basch and it is ready to be recorded.
“As I indicated at the last meeting, this situation is a mess,” Neiman said. “You need to consider input from the public and the applicant and decide the most equitable approach to take to resolve the current issues and potential future issues.”
Residents living in Phase I and others living around the subdivision site, had voiced several concerns during the first discussion. The primary concern of those speaking was related to the size of the houses that will be built during Phase II. Many conveyed a desire to maintain the income standard of the area by requiring that homes in Phase II are built at 1,400 square feet or more. Other concerns included the potential for flooding and drainage improvements and damage that may result from construction-related traffic.
Adelman was very flexible in addressing all the concerns raised by the public during the first discussion. However, during the second discussion, residents were still not satisfied and urged the council to send the issue back to the Planning Commission, challenging the procedural integrity of the situation.
Neiman advised that denying the map and sending the application back to the planning commission poses a risk of the developer possibly suing the city for damages based on the time and money spent based on direction by staff.
Approving the map also presents a risk for litigation, from the residents. In which case, Neiman said, the city could then just revoke the map approval.
“I know we”re not going to make everybody happy,” said councilmember Joyce Overton, adding that the residents of the area knew that they would have neighbors sooner or later.
Vice Mayor Curt Giambruno was ready to render a decision. “I think the project needs to move forward,” he said. “We can”t play around with it any longer.”
The council”s decision to approve the map, along with a regulatory agreement describing the issues raised by the public, passed on a 4-0 vote count with Mayor Judy Thein recusing herself as she owns property in Phase I of the project.
The regulatory agreement ensures that the commitments made by the public and the applicant can be enforced.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com.
