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REQUEST FOR A TIME EXTENSION FOR AN APPROVED VESTING TENTATIVE MAP AT THE SOUTHWEST CORNER OF EIGHT MILE ROAD AND DAVIS ROAD (WATERFORD SQUARE SHOPPING CENTER, VTM3-08, P16-0583)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving a request for a time extension of an approved Vesting Tentative Map (VTM), for property located at the southwest corner of Eight Mile Road and Davis Road (Waterford Square Shopping Center), in accordance with the findings for decision and conditions of approval detailed herein.
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Summary
A VTM was approved by the Planning Commission on October 23, 2008, to subdivide two existing parcels and a portion of Pixley Slough, totaling approximately 34 acres into ten (10) parcels at the above-noted location and was due to expire on October 23, 2010. The State granted four automatic time extensions (for a total of seven years) and the approved VTM qualified for three of the four extensions for a total of six (6) years; therefore, the map was due to expire on October 23, 2016. Prior to the expiration date, the applicant submitted an application requesting an extension of the approved VTM. Because the required findings for the extension of the approved VTM can be made in the affirmative, staff recommends that the Planning Commission approve a three-year time extension, subject to the original Conditions of Approval with amended Condition Nos 11, 26, 27 and 30, and adding new Condition Nos. 31 and 32.
DISCUSSION
Background
The property owner, Waterford Square Shopping Center, is requesting an extension of the above-noted VTM for the development of commercial and multi-family residential uses. The vacant site is zoned RH (Residential, High-Density) and CG (Commercial, General). The site is bounded to the:
• north across Eight Mile Road by agricultural land within the jurisdiction of San Joaquin County;
• east across Davis Road by existing single-family residences zoned RL (Residential, Low-Density) and a vacant land zoned CG;
• south across Pixley Slough by existing single-family residences zoned RL; and
• west across Rivermont Drive by existing single-family homes zoned RL (Attachment A - Location Map).
Present Situation
The VTM was approved by the Planning Commission on October 23, 2008 to subdivide the subject site into ten lots. The noted map was due to expire on October 23, 2010. In response to the prolonged economic downturn, the State has granted four automatic time extensions 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 VTM qualified for three of four time extensions (AB 333, AB208 and AB116) and, therefore, was due to expire on October 23, 2016. In accordance with Stockton Municipal Code (SMC) Section 16.188.100.C, the applicant submitted a request for an extension of the subject VTM prior to the expiration date. The purpose of the request is to allow the applicant’s engineer additional time to finalize the map. Pursuant to 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 on the subject VTM.
In response to the application’s referral, the Public Works Department, Municipal Utilities Department, and Building and Life Safety Division requested that Condition Nos. 11, 26, 27 and 30 be modified to comply with the Development Code regarding Senate Bill 5’s 200-year flood protection requirement and to complete a water line loop at Eight Mile Road. New Conditions Nos. 31 through 32 were added to ensure that required fire hydrants be installed along the frontage on Eight Mile Road and Davis Road (development site) by the extension of a public water line on Eight Mile Road to connect to Davis Road. (Attachment B - Amended Conditions of Approval - Redline Version). The Development Review Committee reviewed the requested time extension and made a recommendation for approval to the Community Development Director, subject to the modification of the above-noted conditions and adding new conditions.
General Finding
In accordance with SMC Section 6.188.100.C.1.a, the Planning Commission must make four findings of fact to approve an extension of the VTM. The request for the time extension does not affect the provisions of the General Plan, applicable provisions of the Development Code, and the character of the site or its surroundings, because the site is still designated for High -Density Residential and Commercial uses, and the VTM remains consistent with applicable General Plan policies and Development Code standards, including building setbacks, height, lot coverage, and parking requirements for the development of commercial and multi-family residential uses. 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 VTM. The VTM (TM3-08-07/P16-0536) have been analyzed in accordance with the provisions of the California Environmental Quality Act (CEQA) under an approved Initial Study/Mitigated Negative Declaration (IS3-08) for the subject project. The required findings for the extension of the VTM can be made in the affirmative. Therefore, staff recommends that the Planning Commission approve a three-year time extension, subject to the original Conditions of Approval, the modification of approved condition numbers 11, 26, 27, and 30, and adding new conditions 31 and 32. The extension request, if approved, would extend the expiration date of the approved VTM to October 23, 2019.
Environmental Review
The environmental consequences of this VTM (VTM 3-08/P16-0583) have been analyzed in accordance with the provisions of the California Environmental Quality Act (CEQA) under an approved Initial Study/Mitigated Negative Declaration (IS3-08) for the project. All mitigation measures for the approved VTM are still applicable. No additional environmental review is required 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 act on this matter.
Attachment A - Location Map
Attachment B - Amended Conditions of Approval - Redline Version
The staff report was prepared by Senior Planner Jenny Liaw (209) 937-8316;
jenny.liaw@stocktonca.gov