COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Chenin Dow, Community Development Director
DATE: April 7, 2026
SUBJECT: Adoption of a Resolution Approving Las Brisas Apartments Planned Development Permit Request for a Time Extension
Description:
The City Council will consider adopting a Resolution approving a request for a two -year Time Extension (A2026-0003) to Planned Development Permit (PD2022 -0011) for MBK Rental Living, Inc. to construct 103 apartment units in 23 two-story buildings, a community center, landscaping, parking and resident amenities on a 9. 96-acre site in a PD/R -3 (Planned Development/High Density Residential) district.
Environmental Notice: The project was adequately covered in a previously adopted Addendum to the Betteravia Plaza Final Environmental Impact Report (State Clearing House Nu mber 2015011029) pursuant to California Environmental Quality Act State Guidelines Section 15162.
RECOMMENDATION:
Adopt a Resolution approving Permit Amendment A2026-0003 granting a two-year time extension for Planned Development Permit PD2022-0011 located at Lots 1 and 2 of Tract 6008 (APNS 117-990-001 and 117-990-002).
BACKGROUND:
On December 7, 2022, the Planning Commission recommended the City Council approve a Planned Development Permit (PD2022 -0011) for Las Brisas Apartments (formerly known as Betteravia Place 2), to allow for the construction of 103 apartment units in 23 two-story buildings, a community center, landscaping, parking and resident amenities on a vacant lot located on the southeast corner of Blosser Road and Carmen Lane (Attachment B - Vicinity Map). This recommendation was made as part of a General Plan and Rezone application requiring City Council approval for the overall Betteravia Plaza project, including the establishment of residential land use designation and zoning of the site, an addendum to a previously adopted Environmental Impact Report, and two Planned Development Permits: one for the Betteravia Place 1 project and the second for Betteravia Place 2. The City Council approved the Betteravia Plaza project, including both Planned Development Permit s, on February 7, 2023. The previously approved PD2022-0011 plan set (Attachment E), and permit conditions (Attachment F) are attached for reference.
2 Per Municipal Code Section 12-35.109, approved permits become valid the 15th calendar day after the decision -making body grants the issuance of the permit, in this case February 22, 2023. Section 12 -35.501 further states that the Planned Development Permit will no longer be valid if building permits have not been issued within three years of this date. While the building permits for Betteravia Place 1 were issued and project construction is now nearing completion, the applicant/developer, MBK Rental Living, Inc., has not yet obtained building permits for the Las Brisas Apartments / PD2022-0011, and the subject parcels remain vacant.
DISCUSSION:
The applicant is requesting to extend the Las Brisas Apartments Planned Development Permit expiration date of February 22, 2026, by two additional years to February 22, 2028.
Municipal Code Section 12-35.501(d)(1) authorizes the original decision-making body (in this case, the City Council) to extend the permit to allow additional time for implementation of a project, if the decision-making body finds:
“that there has been adequate due diligence to implement and complete the permit, or that there are significant economic factors that justify additional time.”
In this case, the applicant cites current economic cir cumstances, including high inflation and interest rates, as reasoning for their extension request (Attachment C). In addition, the applicant had until recently been actively working with Planning and Building staff to submit the adequate building permit plans. Building permits have been submitted and are now approved (but not yet issued) for the fine grading, residential buildings and community center. The payment of fees is the one outstanding step for the applicant to complete before the City issue s building permits. Therefore, staff is recommending that the City Council approve this request to extend the expiration date of the permit to February 22, 2028.
Alternative(s)
The City Council could determine that there has not been adequate due diligence to implement and complete the permit, or that there are no significant economic factors that justify the additional time and the Planned Development permit would expire. If this were to occur, should the applicant wish to move forward with the project in the future, they would be required to repeat the entitlement process from the beginning.
Environmental Review
The project was adequately covered in a previously adopted Addendum to the Betteravia Plaza Final Environmental Impact Report (State Clearing House Number 2015011029) pursuant to California Environmental Quality Act State Guidelines Section 15162. No additional environmental review is required for the subject time extension request.
Fiscal Considerations
A time extension of PD2022-0011 will not create any immediate fiscal impacts for the City.
Over the long term, the development of the final phase of Las Brisas will generate increased property tax revenue.
3 Impact on the Community
Granting the two-year time extension allows the Planned Development Permit to remain active and allow for the completion of 103 new housing units available to the residents of the City.
ATTACHMENT(S)
A. Resolution
B. Vicinity Map
C. Applicant’s Time Extension Request
D. Permit A2026-0003
E. Approved Plan Set (PD2022-0011)
F. Approved Permit (PD2022-0011)