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REQUEST FOR A TWO-YEAR TIME EXTENSION FOR VESTING TENTATIVE MAP NO. VTM3-08 (“WATERFORD SQUARE SHOPPING CENTER”) LOCATED AT THE SOUTHWEST CORNER OF EIGHT MILE ROAD AND DAVIS ROAD (APN 070-070-46, -47, -48) (APPLICATION NO. P19-0790)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission adopt a Resolution approving a two-year time extension for Vesting Tentative Map No. VTM3-08, subject to conditions.
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Summary
On October 23, 2008, the Planning Commission approved a Vesting Tentative Map for the subdivision of approximately 34-acres into ten (10) parcels at the southwest corner of Eight Mile Road and Davis Road. Proposed development within the subdivision, named the “Waterford Square Shopping Center,” includes commercial and multi-family residential uses. The map was due to expire on October 23, 2010.
Due to a prolonged economic downturn, the State granted four automatic time extensions for approved, qualifying subdivision maps. Under those State-extensions, the map was due to expire on October 23, 2016. Prior to map expiration, the developer filed an application for extension and on July 13, 2017, the Planning Commission granted a three-year time extension, via Resolution No. 2017-07-13-0303, making the map valid through October 23, 2019.
The subdivider has filed a timely request for a new two-year extension of the map. Approval of the request will enable development of commercial and multi-family uses, subject to suitable market conditions. As reflected by the proposed resolution, staff’s recommendation is for approval as all required findings can be made in the affirmative.
DISCUSSION
Background
On October 23, 2008, the Planning Commission approved a Vesting Tentative Map to subdivide approximately 34-acres into ten (10) parcels for the development of commercial and residential uses. Later, on July 13, 2017, the Planning Commission granted a three-year time extension (Attachment A - Planning Commission Resolution 2017-07-13-0303).
The site is presently vacant and zoned Commercial General (CG) and High-Density Residential (RH). The site is bounded to the:
• North (across West Eight Mile Road) by a commercial retail plant nursery and agricultural land within the jurisdiction of San Joaquin County;
• West by single family dwellings located on land zoned Residential, Low Density (RL);
• South by single family dwellings located on land zoned Residential, Low Density (RL) and Pixley Slough (e.g., San Joaquin Flood Control and Water Conservation District); and
• East by a vacant lot with the City of Stockton and zoned Commercial, General (CG), Pixley Slough, and single family dwellings located on land zoned Residential, Low Density.
See Attachment B for a Location Map, General Plan Land Use Map, and Zoning Map.
Present Situation
Jeff Sanguinetti, on behalf of property owner Waterford Square Shopping Center, LLC, requests a second two-year extension for the map (Attachment C - Approved Vesting Tentative Map). The applicant proposes no changes to the previously adopted conditions of approval. If approved, the map would be extended to October 23, 2021.
Review Authority
Pursuant to Stockton Municipal Code (SMC) Section 16.188.100(C)(1)(b), the Planning Commission is the Review Authority and, in addition to granting an extension, may add, modify, or eliminate conditions of approval on the approved map. Prior to considering the request, SMC Section 16.188.040(D)(3) requires the Development Review Committee (DRC) to adopt a recommendation. On February 20, 2020, the DRC adopted an approval recommendation including the following new condition:
“The residential parcels (i.e., APNs 070-070-46, -47) within this Vesting Tentative Map shall be annexed into and comply with all requirements of the Citywide Services and Maintenance Community Facility District (CFD) in accordance with City Council Resolution 2018-07-017-1301.”
Annexation into the citywide CFD is critical to address unfunded costs related to municipal services and maintenance requirements associated with new residential development. For this subdivision map, annexation into the CFD would occur for the residentially zoned land only (i.e., APNs 070-070-46, -47).
Staff Analysis
SMC Section 16.188.100(C)(1) provides that the Planning Commission may grant 12-month time extensions subject to four findings. Government Code Section 66452.6(e) provides the time extension may exceed the local limit (i.e., 12-months) up to six years past the initial 24-month approval time period (i.e., 8 years combined). As reflected in the attached resolution, staff supports the following required findings for approval can be made:
• There have been no changes to the provisions of the General Plan or any applicable specific plan, precise road plan, or master development plan that would cause the tentative map or tentative parcel map or vesting tentative map or vesting tentative parcel map to no longer be in conformity with the General Plan, specific plan, or master development plan. (SMC Section 16.188.100(C)(1)(a)(i))
• There have been no changes to the provisions of this Development Code that would cause the tentative map or tentative parcel map to no longer be in conformity with this Development Code. (SMC Section 16.188.100(C)(1)(a)(ii))
• There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Development Code apply to the project. (SMC Section 16.188.100(C)(1)(a)(iii))
• There have been no changes to the capacities of community resources, including roads, schools, sewage treatment or disposal facilities, or water supply, so that there is no longer sufficient remaining capacity to serve the project. (SMC Section 16.188.100(C)(1)(a)(iv))
Given the above, staff recommends that the Planning Commission approve a two-year time extension, subject to the original Conditions of Approval and new condition for CFD annexation, based on the findings in the attached resolution.
Environmental Review
The potential environmental effects of this Vesting Tentative Map were addressed in conformance with the California Environmental Quality Act (CEQA) under an adopted Mitigated Negative Declaration (IS3-08) for the commercial and residential development. All mitigation measures for the approved Vesting Tentative Map are still applicable. No additional environmental review is required to approve the requested time extension.
Attachment A - Commission Resolution 2017-07-13-0303
Attachment B - Location Map, General Plan Land Use Map, Zoning Map
Attachment C - Approved Vesting Tentative Map
The staff report was prepared by Kevin Colin, Planning Manager (209) 937-8446 or kevin.colin@stocktonca.gov