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REQUEST FOR A ONE-YEAR TIME EXTENSION FOR AN APPROVED VESTING TENTATIVE MAP FOR DELTA COVE (VESTING TENTATIVE MAP APPLICATION NO. P21-0437)
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RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving a one-year time extension.
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Summary
On September 9, 2010, the Planning Commission approved a Vesting Tentative Map (VTM)(“Approved Map”) for a project known as “Delta Cove” (P09-160). The approval authorized the subdivision of an approximately 360-acre site into 25 residential and 26 non-residential parcels (a total of 51 new lots) on the north, south, and east sides of White Slough and west of the future extension of Trinity Parkway.
The original map approval was due to expire on September 9, 2012, however, the map qualified for two (2) automatic State map time extensions with set a new expiration date of September 9, 2016. Prior to the September 9, 2016 expiration date, the applicant requested a time extension, and the Planning Commission granted an additional extension to September 9, 2019. On July 30, 2019, the applicant filed an additional map extension, and the Planning Commission granted an additional extension effectively making the new map expiration date September 9, 2021.
The Municipal Code was amended in 2020 to align map extensions with the State Subdivision Code to a maximum of six (6) years. Therefore, the Planning Commission can grant multiple extensions, for a maximum of six (6) years (Stockton Municipal Code (SMC) Section 16.188.100.C.1.a). With an original map expiration date of September 9, 2012, adding four additional years based on automatic State map extensions as well as the previous Commission map extension, and the current requested extension, this would make the map’s final expiration date September 9, 2022. The map will not be eligible for additional extensions at this time.
In staff’s review of the request, all required findings can be made for approval.
DISCUSSION
Background
The subdivision, known as Delta Cove Residential/Commercial Project, was originally approved by the Planning Commission on September 9, 2010 (Attachment A - Approved Vesting Tentative Map). The vacant site is zoned Residential, Low-Density (RL), Residential, Medium-Density (RM), Residential, High-Density (RH), Commercial, Neighborhood (CN), Open Space (OS) and Public Facilities (PF) and is bound to the:
• North, west and south across White Slough by farmland land within the jurisdiction of San Joaquin County; and,
• East across the future extension of Trinity Parkway by an existing Twin Creeks Estates residential neighborhood zoned RL (Attachment B - Location Map and Aerial Photography).
For maps approved prior to 2013, the State legislature grants two (2) automatic time extensions (for a total of four (4) years) for tentative, vesting tentative maps, and tentative parcel maps. The extensions are granted by:
• AB 208 (Year 2011) - A 24-month extension for maps valid on 07/15/2011 and expiring before 01/01/2014; and,
• AB 116 (Year 2013) - A 24-month extension for maps that were approved on or after 01/01/2000.
The subject subdivision map qualified for the above automatic time extensions and, therefore, was due to expire on September 9, 2016. Two (2) extensions have been approved by the Planning Commission for a total of five (5) additional years, which are due to expire September 9, 2021 (Attachment C - PC Resolution 2017-08-10-0501, and Attachment D - PC Resolution 2020-05-14-0301).
Second Extension Tentative Map Revisions
The second extension approval expiring September 9, 2021 includes modified, deleted, and new conditions. Modifications were made to several Conditions of Approval that clarified that an addendum to the previously certified EIR is not required; removed a now obsolete reference prior General Plan Settlement Agreement, clarified timing related to a bridge crossing over Mosher Slough to the west and south of the site, and clarified the required public facility fee (PFF) payment. Condition of approval No. 45 was deleted, and Condition of Approval No. 57 was added which requires annexation into the Citywide Services and Community Facilities District.
The Municipal Code was amended in 2020 to align the maximum extension years with the State Subdivision Code to six (6) years. The Planning Commission can grant multiple map extensions, but for a maximum of six (6) years (SMC Section 16.188.100.C.1.a).).
Present Situation
The applicant and property owner, Dean A. Spanos Trust, et al., submitted an application requesting a one-year extension for the subject subdivision map.
In accordance with SMC 16.188.040(D)(3), the Development Review Committee (DRC) reviewed the requested time extension and concurs with the Community Development Director recommendation, as presented to Planning Commission.
Staff recommends that the Planning Commission approve a one-year time extension, subject to the conditions in the Proposed Resolution. If approved, the map expiration date would extend to September 9, 2022.
Environmental Review
The environmental consequences of this Vesting Tentative Map have been analyzed in accordance with the provisions of the California Environmental Quality Act (CEQA) 15164 under an approved Addendum (P15-0500) to the previously certified Environmental Impact Report (EIR11-05) for the project. All mitigation measures for the approved Vesting Tentative Map remain applicable. No further environmental review is required in order to approve the requested time extension.
Attachment A - Approved Vesting Tentative Map
Attachment B - Location Map and Aerial Photography
Attachment C - PC Resolution 2017-08-10-0501
Attachment D - PC Resolution 2020-05-14-0301
The staff report was prepared by June Cowles, Contract Planner, (209) 937-8446; june.cowles.ctr@stocktonca.gov.