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REQUEST FOR A SECOND TWO-YEAR TIME EXTENSION FOR AN APPROVED TENTATIVE MAP (IJAMS ROAD TENTATIVE SUBDIVISION MAP PROJECT, P17-0448/TM5-06)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving a request for a second two-year time extension of the approved tentative map, for property located on the east side of Ijams Road, approximately 560 feet north of the Calaveras River (Ijams Road Tentative Subdivision Map Project, P17-0448/TM5-06).
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Summary
A tentative map for the subdivision of a 2.7-acre site into 14 parcels for single-family residential development was approved by the Planning Commission on September 14, 2006. The approved tentative map was due to expire on September 14, 2008. The tentative map has qualified for four automatic time extensions (a total of seven years) that have been approved by the State and was due to expire on September 14, 2015. These automatic legislative extensions are in addition to any extension allowed under Government Code 66452.6 (e) which allows the legislative body to extend tentative maps for a period not exceeding a total of six years, if an extension application is filed prior to the expiration of the tentative map. Prior to the expiration date of this tentative map, the applicant submitted a letter requesting a first two-year extension. The noted map was set to expire on September 14, 2017. The extension request, if approved, would extend the tentative map to September 14, 2019.
DISCUSSION
Background
As background, the subdivision, known as the Ijams Road Tentative Subdivision Map Project, was originally approved by the Planning Commission on September 14, 2006, and was most recently due to expire on September 14, 2017. Access to the subdivision will be provided by a 50-foot wide cul-de-sac off Ijams Road. The site is zoned RL (Residential, Low Density) and is bounded to the:
• north and south by single-family residences zoned RL;
• east across the Union Pacific Railroad Company tack by single-family residences zoned RL; and
• west across Ijams Road by single-family homes zoned RL (Attachment A -Location Map).
Present Situation
Sea Breeze Capital, the applicant, requests a two-year extension of the subject tentative map. In response to the prolonged economic downturn, the State granted four automatic time extensions (a total of seven years) of the 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 set to expire on September 14, 2015. In accordance with the Government Code Section 66452.6 (e), before this tentative map expired, the applicant submitted a letter requesting an extension of this map. This map was approved for a two-year extension and was scheduled to expire on September 14, 2017. Because the applicant could not file a final map before the map expired, he applied for a second two-year extension to allow his engineer additional time to finalize the tentative map, thereby extending the time of the map for the duration of the extension application process. Upon review of this tentative map, the Development Review Committee (DRC) voted to forward a recommendation to the Planning Commission to allow additional 24-month time extension. The extension request, if approved, would extend the tentative map to September 14, 2019.
In accordance with Section 16.188.100.C.1 of the Stockton Municipal Code (SMC), in granting an extension, the adopted conditions on a tentative map may be added to, modified, or eliminated. In response to the project’s application referral, the reviewing departments determined that the extension could be approved with no changes to the original Conditions of Approval.
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. The developer is required to form a zone within the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 to pay applicable fees for the operation, maintenance, and replacement cost of the treatment devices built for the subject project. Furthermore, the entire residential subdivision will be annexed to an existing zone of the Stockton Consolidated Landscape Maintenance District 96-2 to pay the maintenance fee, in perpetuity, to maintain public parks, street lighting, landscaping in the public right-of-way, sound walls and back-up walls within the residential subdivision. The city’s ability to add additional conditions of approval is limited during the tentative map time extension process. As a result, these types of previously approved projects are grandfathered-in as to the conditions that were originally approved. This project, small as it may be, will have a general fund impact on city services such as police and fire. However, it is important to note that infill projects like this one, have a lower level of impact given that these services are already being provided within the surrounding service areas. A fire station (1211 E. Swain Road) is within a 1 mile driving distance of this site and it is staff’s opinion that the services impact would be de minimus.
Therefore, staff recommends that this tentative map be extended for two-years in accordance with the required findings under Section SMC 16.188.100.C.1.a.
This item has been placed on the Planning Commission agenda as a consent item and approval of the consent calendar will indicate that you approve this tentative map extension.
Environmental Review
The environmental consequences of the overall project were analyzed and considered for the purposes of the California Environmental Quality Act (CEQA) under a previously-approved Initial Study/Mitigated Negative Declaration (IS4-06). The project was subject to specific mitigation measures that were included in the “Findings and Mitigation Monitoring Program for the Ijams Road Tentative Subdivision Map Project.” There have been no changes to the project that would necessitate any changes to the still-valid environmental document. Therefore, no additional environmental review is required er 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