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Project Title: |
Extension of Time for Major Subdivision 9491 known as the Tara Creek Townhomes |
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County File: |
#CDSD18-09491 and #CDDP18-03022 |
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Applicant & Owner: |
City Ventures Homebuilding LLC |
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Zoning General Plan: |
Planned Unit District (P-1) Montalvin Manor Mixed Use (M-9) |
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Site Address/Location: |
Vacant 2.78-acre parcel located on San Pablo Avenue between Tara Hills Drive and O'Hatch Drive in the unincorporated San Pablo area (APN: 403-202-011) |
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Project Planner: |
Syd Sotoodeh, Senior Planner; (925) 655-2877; syd.sotoodeh@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See section II for full recommendation) |
I. PROJECT SUMMARY
The applicant requests to extend the period of time for filing a final map three (3) additional years, to September 24, 2028, for the vesting tentative map for the Tara Creek Townhomes in the unincorporated San Pablo area, consisting of thirty-three residential parcels and two common space parcels approved under subdivision #CDSD18-09491.
II. RECOMMENDATION
Staff recommends that the Planning Commission adopt a motion to extend the date for filing a final map three (3) additional years to September 24, 2028.
III. BACKGROUND
The Tara Creek Townhomes project included a subdivision and final development plan on approximately 2.78 acres of vacant land, located on the south side of San Pablo Avenue between Tara Hills Drive and O’Hatch Drive in the unincorporated San Pablo area of Contra Costa County. The project was approved to subdivide 2.78-acres into 33 new residential lots and two common space lots and to construct new townhome units on each new residential parcel with associated site improvements for the entire development, including new roadways, storm drain and clean-water improvements, and the establishment of an open space parcel. In order to develop the property as proposed, approval was granted for a final Development Plan (County File #CDDP18-03022) in addition to the vesting tentative map.
The project was initially heard before the Zoning Administrator (ZA) on May 20, 2019. After taking public testimony, the ZA requested that the matter be continued as an open hearing to June 17, 2019. After hearing all speakers and considering all testimony, the ZA unanimously approved the project as recommended by staff with minor changes to findings and to conditions of approval #1, #2, and #21. One appeal of the Zoning Administrator's approval was received. Therefore, the project was heard before the County Planning Commission as an open hearing on September 11, 2019. After the hearing, the Planning Commission unanimously voted to deny the appeal and to approve the project as recommended by staff with minor changes to conditions of approval #16 and #19. Therefore, the project was approved on September 11, 2019, and became effective on September 24, 2019.
The original subdivision permit approval was valid for a period of three years and would have expired on September 24, 2022, based on the effective date. A request for an extension of six (6) years for filing the final map was received on February 22, 2022. On April 13, 2022, the County Planning Commission granted an extension for filing a final map three (3) additional years, to September 24, 2025.
IV. DISCRETIONARY TIME EXTENSIONS AND SPECIAL EXTENSIONS
A. Discretionary Time Extension: The Subdivision Map Act allows for local jurisdictions to grant up to a maximum of six (6) additional years of discretionary extensions to file the final map upon request from the applicant and prior to expiration of the approved tentative map (Government Code Section 66452.6(e)). County Code Section 94-2.610 allows up to a three (3) year extension by the advisory agency which originally approved the tentative map prior to expiration of the approved tentative map. Subdivision 9491, known as the Tara Creek Townhomes, was approved on September 11, 2019, and became effective on September 24, 2019. The original permit approval was valid for a period of three years and would have expired on September 24, 2022, based on the effective date pursuant to the permit. The subdivision was subsequently granted a three (3) year discretionary extension beyond the original expiration date to September 24, 2025. Therefore, pursuant to County Code Section 94-2.610 and Government Code Section 66452.6(e), the subdivision is eligible to be extended three (3) additional years, making the final expiration date to file the final map September 24, 2028.
B. Special Statutory Extensions Granted by State Legislature: Subdivision 9491 is not eligible for special statutory extensions as granted by the State legislature through the Subdivision Map Act.
V. CURRENT EXTENSION REQUEST
On May 12, 2025, City Ventures requested an extension of the filing period for the approved vesting tentative map for up to three years beyond the expiration date of September 24, 2025. Pursuant to County Code Section 94-2.610, approval of this extension will extend the date for filing the final map to September 24, 2028. According to the provisions of the Subdivision Map Act (Section 6645.6(e)), no more discretionary time extensions for the filing of the vesting tentative map may be filed. This approval includes the Final Development Plan CDDP18-03022.
VI. CONCLUSION
Staff recommends that the County Planning Commission approve the extension to file the final map to September 24, 2028.
Attachments:
• Attachment A - Parcel Map
• Attachment B - Vesting Tentative Map
• Attachment C - SD18-9491, DP18-3022 Permit and Conditions of Approval