DATE: JUNE 18, 2025
TO: PLANNING COMMISSION
FROM: COURTNEY GROSSMAN, PLANNING MANAGER
BY: THOMAS WILES, SENIOR PLANNER
TITLE: TIME EXTENSION 2025-003 (TE 2025-003); RECOMMEND CITY COUNCIL APPROVE A ONE (1) YEAR TIME EXTENSION TO TENTATIVE MAP 2019-002 TO SUBDIVIDE A 7.74-ACRE LOT INTO 37 LOTS WITH ALTERNATIVE STREET SECTIONS AND STREET FRONTAGE DESIGN FOR INTERIOR ROADWAYS LOCATED AT 11 HILL CIRCLE IN THE RESIDENTIAL – LOW DENSITY - AIRPORT OVERLAY – FLOOD OVERLAY (R-L-5.5 – AR - F) ZONING DISTRICT RECOMMENDED MOTION:
A motion to approve a resolution finding the project consistent with the Mitigated Negative Declaration approved by the City Council on April 13, 2021, affirming the findings, and approving a third one (1) year time extension of Tentative Map 2019-002.
EXECUTIVE SUMMARY:
John Filighera & Associates, Inc., Applicant, is requesting a one (1) year time extension to Tentative Map 2021-002 to extend the expiration date from April 13, 2025, to April 13, 2026. Tentative Map 2021-002 was approved by the City Council on April 13, 2021, which includes the subdivision of a 7.74-acre lot into 37 lots with alternative street sections and street frontage design for interior roadways. As part of the tentative map approval, the City Council considered and adopted a Mitigated Negative Declaration along with a Mitigation Monitoring Program. Pursuant to Municipal Code Section 31-401.11, extensions to approved tentative maps require a recommendation from the Planning Commission and final determination by the City Council.
DISCUSSION:
Background:
John Filighera & Associates, Inc., Applicant, on behalf of U4RIC Investments, LLC, Property Owner is requesting approval of one (1) year time extension to Tentative Map 2019-002 to extend the expiration date from April 13, 2025 to April 13, 2026. On April 13, 2021, the City Council approved Tentative Map 2019-002 and related Planned Unit Development Permit 2019-001. Related Planned Unit Development Permit 2019-001 authorized development of 37 detached single-family dwelling units with alternative development standards. The project includes a 4.95-acre common lot, 18,500 square-feet of usable open space, 38 off-street parking spaces (including two (2) accessible spaces), and three (3) affordable units for families earning less than the median income for Monterey County. As part of the project, the City Council considered and adopted a Mitigated Negative Declaration along with a Mitigation Monitoring Program (Environmental Review 2020-005).
During the processing of the third one (1) year time extension request, staff clarified that extensions to approved tentative maps require compliance with the Subdivision Regulations contained in Municipal Code Section 31-401.11. This specific Municipal Code Section refers to Sections 31-312, 31-313, and 31-314. Per Municipal Code Section 31-313.2, extensions of Tentative Maps require a recommendation by the Planning Commission and final determination by the City Council. Per Municipal Code Section 31-313.2, the City Planner shall submit the application for the extension, together with a staff report, and recommendation of approval or denial. Pursuant to Zoning Code 37-60.1050(a)(3), the City Planner has the authority to extend related Planned Unit Development Permit 2019-001 administratively without a public hearing. However, both Tentative Map 2019-002 and related Planned Unit Development 2019-001 need to be effective to implement the project. Both Tentative Map 2019-002 and Planned Unit Development Permit 2019-002 were recorded with the County Recorder’s Office on January 7, 2022.
Per Municipal Code Section 31-402, a final map shall be filed prior to expiration of the tentative map. The final map shall show the locations of streets and property lines bounding the property and shall substantially conform with the approved tentative map and the requirements of the Zoning Code in effect at the time the application was determined or deemed to be complete. Per the Subdivision Ordinance (Chapter 31 of the Municipal Code), the final map shall be submitted to the City Engineer for processing. Per Municipal Code Sections 31-402.7 and 31-402.8, after the City Engineer finds that the final map conforms to the approved tentative map, all required certificates and statements have been signed, and where necessary, acknowledged, the City Engineer shall file the final map with the City Clerk for City Council approval and recordation. Per City records, the final map (FM 2022-001) is pending per comments dated August 18, 2022. The City of Salinas Public Works Department awaits receipt of a subdivision improvement agreement and payment of bonds.
The property is located in the R-L-5.5-AR-F (Residential – Low Density – Airport Overlay – Flood Overlay) Zoning District and is currently vacant. The following provides an overview of the land uses and zoning districts adjacent to the project site:
North: Residential/Residential – Low Density – Airport Overlay – Flood Overlay (R -L-5.5 AR-F) South: Residential/ Residential – Low Density – Airport Overlay (R-L-5.5-AR) and Residential – High Density – Airport Overlay (R-H-2.1-AR) East: East Laurel Drive and Residential/Residential – Medium Density – Airport Overlay – Flood Overlay (R-M-2.9–AR-F) West: Residential and Open Space/Open Space – Airport Overlay – Flood Overlay (OS–AR-F) and Residential – Low Density – Airport Overlay (R-L-5.5-AR) DISCUSSION:
Analysis:
Below is a timeline for the processing of Tentative Map 2019-002 and related Planned Unit Development Permit 2019-002:
March 21, 2021 The Planning Commission recommended that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approve Tentative Map 2019-002 and Planned Unit Development Permit 2019-001.
April 13, 2021 The City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approved Tentative Map 2019-002 and Planned Unit Development Permit 2019-001. Per the attached approval document and Municipal Code Section 31-312(a), the expiration date of Tentative Map 2019-002 was set 24-months from the date of approval (April 13, 2023). In order to be consistent with Tentative Map 2019-002, related Planned Unit Development Permit 2019-001 included the same expiration date, see Resolution 22075 provided as an attachment to this report.
April 6, 2023 Applicant requested the first one (1) year time extension to both Tentative Map 2019-002 and Planned Unit Development Permit 2019-001 to allow additional time to work with the California Department of Fish and Wildlife (formerly Department of Fish and Game) to clarify the requirements for a Streambed Alteration Agreement for the project.
April 10, 2023 The City Planner approved a first one (1) year time extension to both Tentative Map 2019-002 and Planned Unit Development Permit 2019-001, which extended the expiration date from April 13, 2023 to April 13, 2024 (see attached Time Extension 2023-003).
April 12, 2024 Applicant requested a second one (1) year time extension to both Tentative Map 2019-002 and Planned Unit Development Permit 2019-001. The second time extension was requested to clarify the requirements of the Streambed Alteration Agreement for the project with the California Department of Fish and Wildlife, finalize the sewer upgrade agreement, redesign the retaining wall package and engineering design, obtain a grading and stockpile permit, and obtain additional financing.
April 19, 2024 The City Planner approved a second one (1) year time extension to both Tentative Map 2019-002 and Planned Unit Development Permit 2019-001, which extended the expiration date from April 13, 2024 to April 13, 2025 (see attached Time Extension 2024-003).
March 27, 2025 Applicant requested a third one (1) year time extension to both Tentative Map 2019-002 and Planned Unit Development Permit 2019-001. The third time extension is requested to allow additional time to process the project because of a severe injury that occurred to the Applicant on February 8, 2025.
Pursuant to Municipal Code Section 31-313, the City may only approve an extension of up to 36-months from the original 24-month approval date of a tentative map. Because Tentative Map 2019-002 was approved on April 13, 2021, with a 24-month expiration date and two previous one-year time extensions were approved on April 10, 2023 and April 12, 2024, only one remaining time extension to April 13, 2026 may be approved by the City. If the terms and conditions of Tentative Map 2019-002 and Planned Unit Development Permit 2019-001 are not complied with by April 13, 2026, then both the Tentative Map and the Planned Unit Development Permit will expire and the Applicant, or successor-in-interest, will need to apply for a new Tentative Map and Planned Unit Development Permit to continue with the project.
Findings:
The Planning Commission may recommend City Council approval of a one-year time extension from April 13, 2025, to April 13, 2026, for Tentative Map 2019-002 if all of the findings set forth in the proposed Planning Commission Resolution are established.
Time Consideration:
The project was deemed complete by the City Planner on May 20, 2025. Per Municipal Code Section 31-313.2(a), within 30-days of determining that the request for a tentative map extension is complete, the City Planner shall submit the application for the extension together with a report to the Planning Commission at a public hearing with a recommendation for approval or denial. Pursuant to the same Municipal Code Section, the City Council shall consider the application within 45 days of the Planning Commission recommendation. On June 4, 2025, staff received a one (1) time 90-day time extension pursuant to the Permit Streamlining Act (Government Code Section 65957) from the Applicant. The final deadline for processing of this Time Extension to Tentative Map 2019-002 is November 1, 2025.
Alternatives Available to the Commission:
The Planning Commission has the following alternatives:
Affirm the findings set forth in the attached Resolution, and recommend that the City Council approve Time Extension 2025-003 with modifications; or Find that the request for Time Extension is not appropriate and establish findings at the public hearing recommending that the City Council deny Time Extension 2025-003.
CEQA CONSIDERATION:
On April 13, 2021, the City Council considered and adopted a Mitigated Negative Declaration (MND) along with a Mitigation Monitoring and Reporting Program for Tentative Map 2019-002 and related Planned Unit Development Permit 2019-001 (Environmental Review 2020-005). The extension of time does not change the scope of the project from its initial approval. Therefore, the Time Extension request does not require further environmental analysis under CEQA.
ATTACHMENTS:
Proposed Planning Commission Resolution with the following exhibits:
Exhibit 1: Resolution No. 22075
Exhibit 2: Recorded Planned Unit Development Permit 2019-001 and Tentative Map 2019-002 Request from the Applicant for a Time Extension to 11 Hill Circle received on March 27, 2025 Time Extension 2023-003 (TE 2023-003) dated April 10, 2023 Time Extension 2024-003 (TE 2024-003) dated April 19, 2024 Cc: John Filighera & Associates, Inc., Applicant
U4RIC Investments, LLC, Property Owner
Other interested parties
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