title
REQUEST FOR A TWO-YEAR TIME EXTENSION FOR AN APPROVED TENTATIVE MAP (DESTINATIONS, UNIT NO. 4, TM14-07/P18-0337)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving a two-year time extension for an approved Tentative Map concerning property located on the south side of Eight Mile Road and Pixley Slough, east of Marlette Road (Destinations, Unit No. 4, TM14-07/P18-0337).
body
Summary
On June 14, 2007, the Planning Commission approved a Tentative Map to subdivide a ten-acre parcel into 113 lots for the development of single-family residences at the above-noted location. That approval had an expiration date of June 14, 2009. However, State legislation pertaining to approved tentative subdivision maps authorized four automatic time extensions (for a total of seven years) which resulted in the map being effective to June 14, 2016. The noted automatic extensions authorized by the state 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 request is filed prior to the expiration of the Tentative Map. Prior to the June 2016 expiration date, the applicant requested and the Planning Commission approved (on August 25, 2016) a two-year time extension effective to June 14, 2018. Prior to June 14, 2018, the applicant submitted a letter to request a second two-year extension. The extension request, if approved, would extend the Tentative Map to June 14, 2020.
DISCUSSION
Background
The subdivision known as the Destination Unit No. 4 was originally approved by the Planning Commission on June 14, 2007. That approval was due to expire on June 14, 2009. The project 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 single-family lots under construction zoned RL; and
• west across Marlette Road by single-family lots under construction zoned RL (Attachment A - Location Map)
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 Tentative Map qualified for all four of the time extensions and, therefore, had its approval period extended to June 14, 2016. Prior to that expiration date, the applicant submitted a time extension request and the Planning Commission approved the first two-year extension on August 25, 2016, which was due to expire on June 14, 2018.
Present Situation
Prior to June 14, 2018, the subdivider filed another request for a two-year extension to allow additional time to complete the escrow proecess with a new buyer. In accordance with Section 16.188.100.C.1 of the Stockton Municipal Code (SMC), the Commission is delegated review authority and, in reviewing the request, the adopted conditions on a Tentative Map may be added to, modified, or eliminated. Staff is recommending that a new condition of approval be added to address recently approved City Council policy that requires new development to annex into a citywide services and maintenance Community Facilities District (Attachment B - Council Resolution 2018-07-17-1301, approved on July 17, 2018).
New Condition No. 17
Concurrent with Final Map recordation, the subdivision shall be annexed into a Citywide Maintenance and Services Communities Facilities District (CFD) in compliance with the City Council Resolution No. 2018-07-17-1301.
In accordance with Development Code Section 16.188.040(D)(3), the Development Review Committee reviewed the requested time extension and concurs with the Community Development Director recommendation, subject to the noted additional condition. Therefore, Staff recommends that the Planning Commission approve a two-year time extension, subject to the original Conditions of Approval and the new Condition No. 17 (Attachment C - Amended Conditions of Approval - Redline Version), based on the following findings required by Development Section 16.188.100(C)(1)(a):
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; and 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 extension request, if approved, would extend the expiration date of the approved Tentative Map to June 14, 2020.
Environmental Review
The potential environmental effects of the Tentative Map (TM14-07/P18-0335) were addressed in conformance with the California Environmental Quality Act (CEQA) through an Addendum/Initial Study (IS6-07) to a previously-certified Supplemental Environmental Impact Report (SEIR1-05). All mitigation measures from that review remain applicable. No additional environmental review is required for 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 - Council Resolution 2018-07-17-1301, approved on July 17, 2018
Attachment C - Amended Conditions of Approval - Redline Version
The staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktonca.gov