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FINAL MAP AND SUBDIVISION AGREEMENT FOR MARKETPLACE AT WESTON RANCH, TRACT NO. 3749 PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map; and
2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Marketplace at Weston Ranch, Tract No. 3749.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
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Summary
Adoption of the proposed resolution will allow an almost 13-acre development to proceed, delivering a mix of commercial and high-density residential uses. On July 23, 2009, the City Planning Commission approved Tentative Map (TM15-08) for a proposed property subdivision located north of Carolyn Weston Boulevard and west of Interstate Route 5 and recommended approval of a general plan amendment and rezone of the property to commercial and high density residential. On September 15, 2009, City Council approved the general plan amendment and rezone of the property, which resulted in the tentative map becoming effective on October 15, 2009 (30 days from Council’s approval) and was valid for 24 months. The Tentative Map was approved subject to specified conditions to be met upon subdivision of the project site. Development did not immediately proceed due to the slowed economy. The tentative map remained valid for another 6 years beyond the City’s initial 24-month allowance (until October 15, 2017) as a result of state legislation that granted automatic extensions for valid tentative maps to help with the slowed economy. With the improving real estate market the developer now seeks to finalize the conditions of approval. The project site is zoned General Commercial and High-Density Residential (Attachment A - Vicinity Map).
On October 12, 2017, Beverly Group, LLC, filed an application for a final map to formalize the property subdivision. Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the conditions of the Tentative Map are fulfilled. The proposed resolution approves the final map and authorizes the City Manager to execute the subdivision agreement, accept all offers of dedication, and recordation of the map for Marketplace at Weston Ranch, Tract No. 3749. The subdivision contains 12.93 acres divided into 6 lots for general commercial use and 1 lot for high-density residential use. If the final map is approved by the City Council, the City will transmit the map and subdivision agreement to the County Recorder for recordation. It is recommended that Council adopt the proposed resolution as Beverly Group, LLC fulfilled all necessary conditions.
DISCUSSION
Background
Any subdivision of land within the City of Stockton is subject to the Subdivision Map Act (California Government Code Sections 66410-66499.37) and the Stockton Municipal Code (SMC) (Title 16, Division 6). The first step in the subdivision process is the tentative map, which is considered a preliminary lot layout design and shows the existing conditions in and around the site. Through the tentative map process, the project will be subject to review by the Development Review Committee (City Department representatives) for recommendation to the Planning Commission (approval authority). The Map Act and the SMC allow for conditions to be placed on the tentative map at the discretion of the approving authority for consideration in a noticed public hearing. As an example, conditions may consist of requirements to dedicate land area for parks, streets, and utility improvements.
The second step in the subdivision of land is the final map, which is prepared based on an accurate and detailed final survey of the property being subdivided. The final map is subject to review by the City Engineer for technical accuracy, confirmation that it substantially conforms with the approved tentative map, and any required conditions are completed or incorporated within a subdivision agreement. A subdivision agreement is a binding contract between the subdivider and the City where the subdivider agrees to construct all public infrastructure improvements in accordance with plans approved by the City Engineer. The subdivision agreement is binding on all successors in interest and provides for assignment of the contractual responsibilities, all or in part, to a future buyer subject to the consent of the City Manager.
The City Engineer forwards the final map, subdivision agreement, and any offers of dedication to the City Council for consideration of approval. If approved, the final map and subdivision agreement are recorded, and legal lots are created.
Assuming all conditions of the Tentative Map are fulfilled, the review and approval of the Final Map is a ministerial action. As required by Government Code Section 66458 and SMC Section 16.192.020.B.4.a, the Council shall approve the final map if it conforms to all the requirements of the Map Act and all provisions of the Development Code that were applicable at the time that the tentative map was approved and is in substantial compliance with the approved tentative map. The Map Act allows tentative maps to be conditioned or denied if certain findings specified in Government Code Section 66474 are made relating to consistency with the General Plan and applicable specific plan, the suitability of the site for the proposed development, environmental impacts, public health, and conflicts with public easements. No additional conditions may be added to a final map.
Present Situation
On July 23, 2009, the Planning Commission approved the tentative subdivision map and recommended approval to Council for a general plan amendment and rezone of property located at north Carolyn Weston Boulevard and west of Interstate 5. On September 15, 2009, Council approved the general plan amendment and rezone, which resulted in the tentative map becoming effective 30 days from Council’s approval (October 15, 2009). A tentative subdivision map remains valid for 24 months from the effective date, unless a request is made to extend the map and approval may be granted by the original approving body (Planning Commission) up to a maximum total of 5 years per SMC Section 16.188.100. This means the approved tentative map was initially valid until October 15, 2011.
Due the slowed economy at the time of approval, the developer postponed development, which was a similar trend occurring Statewide. The state legislature recognized this and approved several bills to enable automatic extensions for valid tentative maps. The subject tentative map benefited from three separate automatic state extensions. Assembly Bill 333 (2009), Assembly Bill 208 (2011), and Assembly Bill 116 (2013), each granted 24-month automatic extensions, allowing a total of 6 years of extended life for the subject tentative map (valid until October 15, 2017).
On October 12, 2017, Beverly Group, LLC submitted the final map to complete the subdivision process for the earlier approved tentative map. The filing of the final map tolls the clock on the tentative map expiration. The subdivision name is Marketplace at Weston Ranch and will subdivide an approximately 12.93 acres project site into 6 commercial lots and 1 high-density residential lot. The parcels, ranging in size from 0.52 to 6.748 acres, will be provided access to public streets throughout the project site.
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right of way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.
The subdivision agreement contains the developer’s obligations for project site development. The proposed resolution authorizes the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication and authorizes recordation of the final map. It is recommended that Council adopt the proposed resolution as Beverly Group, LLC fulfilled all necessary conditions.
FINANCIAL SUMMARY
The costs of creating the subdivision agreement including plan checking, inspection, map filing, and computer mapping services provided by City staff were paid by the subdivider in the amount of approximately $4,194. These fees have been deposited in various development fees accounts in the Development Services Fund (048-1825 and 048-7451). All other fees will be assessed at the time building permits are issued.
Although the subdivision contains a lot zoned for high-density residential development, the project is not subject to the City Council’s policy requiring annexation of this lot into a services and maintenance community facilities district because the discretionary approvals, including the general plan amendment and rezoning, were granted by City Council on September 15, 2009 and tentative map approval by the planning commission on July 23, 2009, preceded the City Council’s legislative action as prescribed by SMC. The Developer is willing to voluntarily annex the residential lot into the Citywide Community Facilities District, understanding the City’s need to provide for services. There is no financial impact to the City as a result of the execution of the subdivision agreement as the costs to construct the required infrastructure and develop the subdivision are borne by the developer.
Attachment A - Vicinity Map