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REQUEST FOR A TWO-YEAR TIME EXTENSION FOR AN APPROVED TENTATIVE MAP (DESTINATIONS, UNIT NO. 4, TM14-07/P16-0290)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving a request for a two-year time extension of an approved tentative map, for property located on the south side of Eight Mile Road and Pixley Slough, east of Marlette Road (Destinations, Unit No. 4, TM14-07/P16-0290).
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Summary
A tentative map was approved by the Planning Commission on June 14, 2007, to subdivide a ten-acre parcel into 113 lots for the development of single-family residences at the above-noted location and was due to expire on June 14, 2009. A Planned Development application (PD4-07) was approved as part of the project development and included 106 single-family home lots and seven (7) non-residential lots. The State has granted four automatic time extensions (for a total of seven years) and the approved tentative map qualified for all four of the time extensions; therefore, the map was due to expire on June 14, 2016. Prior to the noted expiration date, the applicant submitted a letter requesting an extension of the approved tentative map.
DISCUSSION
Background
The property owner, Destinations Land Investors LLC, is requesting an extension of the above-noted tentative map for a single-family residential development project. The vacant site is zoned RL (Residential, Low Density) and is bounded to the:
• north across Pixley Slough and Eight Mile Road by agricultural land within the jurisdiction of San Joaquin County;
• east by vacant land zoned CG (Commercial, General);
• south across Olive Grove Drive by single-family residences and vacant single-family lots zoned RL; and
• west across Marlette Road by vacant single-family lots zoned RL (Attachment A - Location Map)
Present Situation
The applicant is requesting an extension of the approved tentative map to subdivide the site into 113 lots for the development of single-family residences. As noted, the subdivision, known as the Destinations, Unit No. 4 Tentative Map Project, was originally approved by the Planning Commission on June 14, 2007, and was due to expire on June 14, 2009. In response to the prolonged economic downturn, the State has granted four automatic time extensions (for a total of seven years) for tentative maps, vesting tentative maps, and tentative parcel maps. The four extensions are as follows:
SB1185 (2008) - a 12-month extension for maps that were valid on 7/15/2008 and due to expire before 1/1/2011,
AB 333 (2009) - a 24-month extension for maps that were valid on 7/15/2009 and due to expire before 1/1/2012,
AB 208 (2011) - a 24-month extension for maps that were valid on 7/15/2011 and due to expire before 1/1/2014, and
AB 116 (2013) - a 24-month extension for maps that were approved on or after January 1, 2000.
The approved tentative map qualified for all four of the time extensions and, therefore, was due to expire on June 14, 2016. However, pursuant to Section 16.188.100.C of the Stockton Municipal Code (SMC), the applicant submitted a request for an extension of the approved tentative map prior to the noted expiration date. The purpose of the request is to allow the applicant’s engineer additional time to finalize the tentative map. In accordance with SMC Section 16.188.100.C.1.b, in granting an extension, the Review Authority, in this case the Planning Commission, may add, modify, or eliminate conditions of approval or notes on the approved tentative map (Attachment B - Amended Conditions of Approval and notes, Redline Version). In response to the project’s application referral, the Building and Life Safety Division recommended that a new condition be imposed on Conditions of Approval of the approved tentative map in order to comply with the recently adopted Development Code amendment regarding Senate Bill 5’s 200 year flood protection requirements:
16. To comply with SB5 200-year floodplain requirements, the building pads of all new residential dwelling units shall be constructed to an elevation of no lower than three feet below the elevation of the projected 200-year floodplain as determined by the City.
In addition, the Municipal Utilities Department has recommended that an existing note (Note No. 8) under the informational section of the approved Tentative Map be revised to comply with the SMC’s current Storm Water Quality Control Criteria Plan.
8. This project must comply with the Stockton Municipal Code Section 7-859, regarding the Storm Water Quality Control Criteria Plan and as outlined in the City’s Phase 1 Storm Water NPDES permit issued by the California Water Quality Control Board, Central Valley Region as those documents may be modified from time to time (Order No. R5-2002-0181). The ODS must create a zone within the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1, prior to the recordation of a Final Map, to provide funding for the operation, maintenance, and replacement costs of the storm water best management practices. In addition, the ODS shall be responsible for the costs of forming the Assessment District, including, but not limited to, the City-selected Assessment District Counsel, Engineer’s Report, Proposition 218 vote, and noticing requirements.
In conclusion, the Development Review Committee reviewed the requested time extension and made a recommendation for approval to the Community Development Director, subject to the noted additional condition and modification of the noted informational item. Therefore, Staff recommends that the Planning Commission approve a two-year time extension, subject to the original Conditions of Approval, including the additional condition and revised note. The request for the time extension does not affect the provisions of the General Plan, applicable provisions of the Development Code, or the character of the site or its surroundings, because the site is still designated for Low Density Residential uses and the tentative map remains consistent with applicable General Plan policies and Development Code standards for the development of single-family residences. The capacities of community resources would not be adversely affected, because all required infrastructure and public facilities would be provided for the project, per the Conditions of Approval on the Tentative Map. Therefore, the required findings under Section SMC 16.188.100.C.1.a for a two-year extension of the approved tentative map can be made in the affirmative. The extension request, if approved, would extend the expiration date of the approved tentative map to June 14, 2018.
Environmental Review
The environmental consequences of this Tentative Map (TM 14-07/P16-0290) have been analyzed in accordance with the provisions of the California Environmental Quality Act (CEQA) under an approved Addendum/Initial Study (IS6-07) to the previously-certified Supplemental Environmental Impact Report (SEIR1-05) for the project to subdivide a ten-acre site into 113 parcels for the residential development. All mitigation measures for the approved tentative map are still applicable. No additional environmental review is required in order to approve the requested time extension.
VOTES REQUIRED
A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to take action on this matter.
Attachment A - Location Map
Attachment B - Amended Conditions of Approval and Notes - Redline Version
The staff report was prepared by Senior Planner Jenny Liaw
(209) 937-8316: jenny.liaw@stocktonca.gov