ADMINISTRATIVE REPORT
MEETING DATE: October 22, 2025 AGENDA CATEGORY: Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: October 6, 2025
SUBJECT: Public Appeal Hearing of Planning Commission’s Approval of Vesting Tentative Tract Map No. 7500 (Phased) and use of a previously adopted mitigated negative declaration.
McIntosh & Associates, representing Franmar Company and Loyola Properties I, LP, is proposing to subdivide 39.92 acres into 208 single-family residential lots, 1 sump lot, and 4 landscape lots in the R-1 (Single-Unit Dwelling) zone located at the northeast corner of Old River Road and Mc Cutchen Road. (Ward 5)
Consideration of a Resolution adopting the Mitigated Negative Declaration pursuant to the California Environmental Quality Act and approving Vesting Tentative Tract Map No. 7500 (Phased).
Lozeau Drury LLP submitted an appeal to the Planning Commission’s approval of the request.
RECOMMENDATION:
City staff recommends denying the appeal and upholding the Planning Commission’s decision to approve Vesting Tentative Tract Map No. 7500 and its proposed Mitigated Negative Declaration.
BACKGROUND:
Vesting Tentative Tract Map (VTTM) No. 7 500 consists of 208 single-family residential lots, 1 sump lot, and 4 landscape lots on 39.92 acres. Residential lots range in size from 5,000 square feet to 11,638 square feet, with the typical lot size 50 feet wide x 100 feet deep (5,000 square feet). The density is 5.98 units per net acre , which is consistent with the LR designation of the project of less than or equal to 7.26 dwelling units per net acre.
Access to this subdivision would be from Mc Cutchen Road (arterial) on the south boundary and Rio Verde Drive (local) on the subdivision's east boundary . As such, the applicant has requested 4 deviations from City standards to allow reverse corner lots, reduction of lot frontage, re duction of lot width, and double frontage lots. Staff has reviewed deviation requests and recommends approval.
Planning Commission Decision. On August 21, 2025, the Planning Commission considered VTTM No. 7500 (Phased) No comments were received. At the meeting, there were no speakers in favor or opposed to the map and the project remained on the consent agenda . The Planning Commission unanimously approved the request with Commissioner Cater absent. The Planning Commission’s findings are contained in Resolution No. 41-25 (attached).
Appeal to Planning Commission’s Decision. On August 28, 2025, Lozeau Drury LLP filed an appeal to the Planning Commission’s decision to approve VTTM No. 7 500 (Phased) . A copy of the appeal letter is attached. The basis for the appeal was set forth in the letter from the Law Offices of Lozeau Drury LLP to the Planning Commission on August 22 , 2025 which states that the reliance of the 2007 Mitigated Negative Declaration violate the California Environmental Quality Act. VTTM 7500 (Phased) may have
significant impacts that were not considered in 2007 requiring preparation of an Environmental Impact Report. Alternately, new information, changed circumstances and new mitigation measures would require preparation of a new Mitigated Negative Declaration.
Environmental Review. Based upon an initial environmental assessment, staff determined that GPA./ZC No. 07 -1874 M itigated Negative Declaration (“MND”) of the subject property was adequate environmental documentation for the proposed project. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken, and no new environmental impacts have been identified. In addition, mitigation measures from the related project have been incorporated and are attached to the resolution.
Public Notification. All required public notices have been given for both the Planning Commission public hearing held on August 21, 2025, and the City Council public hearing of October 22, 2025.
CITY COUNCIL OPTIONS:
The City Council may sustain, modify, reject, or overrule any ruling of the Planning Commission for this subdivision of land. The following options have been provided for Council’s consideration regarding the appeal:
1. Deny the Appeal and Approve VTTM No. 7 500 (Phased). If the City Council were to deny the appeal and uphold the Planning Commission's approval, the Ve sting Tentative Tract Map would be conditionally approved and would facilitate construction of 208 single -family residential lots, 1 sump lot, and 4 landscape lots on 39.9 2 acres and adopt the M itigated Negative Declaration (Resolution attached).
2. Approve the Appeal and Deny VTTM No. 7500 (Phased). If the City Council were to approve the appeal and overturn the Planning Commission's approval, the project site could not be developed as proposed and would retain its current condition. The Mitigated Negative Declaration would not be adopted.
CONCLUSION:
Staff believes the proposed subdivision of land is consistent with applicable general and specific plans; the site is physically suitable for the type of development; the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; the design of the subdivision will not likely cause serious public health problems; and the design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
Overall Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the proposal is compatible with the surrounding area, land use designation, and zoning ordinance.
Therefore, staff recommends City Council to consider the whole of the record, to include the appellant’s concerns, and deny the appeal and uphold the Planning Commission's decision to approv e Vesting Tentative Tract Map No. 7500 (Phased).
FISCAL IMPACT:
No fiscal impact with the proposed subdivision of land. Development which will occur as a result of Vesting
Tentative Tract Map No. 7500 (Phased) will be subject to the appropriate application processing fees that have been determined to be sufficient to cover all operational expenses related to processing projects.
COUNCIL GOAL:
Community Character & Quality of Life
Reliable Infrastructure
ATTACHMENTS:
1. City Council Resolution to Deny Appeal and Approve VTTM 7500 (Phased)
2. Map Set
3. Planning Commission Staff Report
4. Planning Commission Resolution
5. Mitigated Negative Declaration for GPA/ZC 07-1874
6. Appeal Letter of Planning Commission Decision