Planning Commission Supports Lennar Homes’ Appeal; Rejects City Attorney’s Efforts to Again Delay Project

13 February 2024

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In a rare win for the Tracy business community, the Tracy Planning Commission voted 3-2 at their last meeting in support of Lennar Homes/Tracy Hills’ appeal of the City Engineer’s denial of their requested amendment to the Condition of Approval of the Final Map for the Tracy Hills KT-Hillview Project.   The implication is significant, as it was an important victory for the business community in the era of city control by Bijal Patel and the troika of Councilmembers Eleassia Davis, Dan Evans, and Matteo Bedolla.   Common sense for once prevailed at Tracy City Hall.

After 3+ hours of back and forth, Commissioners Atwal, Orcutt, and Boakye-Boateng remained unconvinced by City Attorney Bijal Patel’s and city staff’s ambiguous arguments. 

The core arguments being made by Patel, Assistant City Manager / Interim Development Services Director Karen Schnaider, and the city staff were not compelling. Their agenda, however, was clear. Delay the approval for the sake of delay.

Patel and Schnaider continue to villainize the development community in Tracy, insinuating that developers are trying to pull a fast one on the city, as they’ve always done. Both argue that they need to review these approvals more and make sure all the i’s are dotted and t’s crossed. It’s a line they and their councilmembers have used repeatedly.   While due diligence is always required, Patel is targeting agreements that were approved by previous city councils. She is attempting to undue these development agreements at all costs. The majority council applauds her efforts.   However, it’s the residents and the business community who are suffering from their actions.

The Tracy Hills project is not some under-the-table deal. They are not trying to sneak new homes into the community. They are simply seeking approval to continue building the homes and park that they were granted approvals for – period.   We applaud the Planning Commission’s decision.

The backstory gets complicated because of Patel. 

There’s too much to unpackage here so we’ll just keep it simple and summarize it as such:  
  • The Tracy Hills Specific Plan was approved in 1998.
  • Development of the project did not commence until 2016.
  • City Council approved a “Vesting Tentative Subdivision Map” to create 214-single family homes and park site in November 2020.
  • A Condition of Approval in the first Final Map is that the developer will complete and have city approval for the park within 18-months following final inspection of the first dwelling.
  • The first dwelling unit inspection happened on October 2022 and 18-months following that date is April 2024.
  Here’s where things get complicated.  
  • The city is now claiming that some but not all the Conditional of Approval have been met, and they directed the Building Department to stop final inspections until the park is complete.
  • Lennar/Tracy Hills asked to modify their agreement with the city allowing them additional time to complete the “Raymond P Morelos Jr. Park” by September 2024.
  • The City Engineer denied this modification claiming the amendment will impose an additional burden on residential lot owners.

What’s missing from this timeline is the hiring of City Attorney Bijal Patel in April 2022. All things related to Tracy Hills (and development in general) came to a complete standstill. There was no communication, no processing of applications, nothing.

Her actions alone created chaos in what is otherwise a normal, straightforward process. These were agreements in place and approved by the previous city councils. Patel’s delays have prevented Lennar/Tracy Hills to continue building homes that are approved.   The developer is not seeking to build additional homes beyond what is approved. She delayed reviewing and processing the park plans; she alone is to blame for the issues with timing.

Commissioner Alice English – a city council hopeful – is as out of touch, as she is out of her element.

Community gadfly Alice English has no business on this commission.   Listening to unscripted English trying to argue her position is worse than listening to nails on a chalkboard or Mateo Bedolla in any situation.   Her support team did a poor job prepping her. She spoke in circles while trying her best to support Patel.   Alice English has been outspoken against development and developers for years unless she sees a benefit for herself. The Planning Commission is a critical commission to every city because it deals with complicated matters with lasting implications. She is unqualified and in over her head.   Commissioner Don Penning is not much better. He’s a Dan Evans mouthpiece and nothing more than a foot soldier for this majority council’s agenda. 

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