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. o SAN JOAQUIN COUNTY r ? COMMUNITY DEVELOPMENT DEPARTMENT N • 1810 E.HAZELTON AVE.,STOCKTON,CA 95205-6232 • �4 L/FOPH`P PHONE:209/468-3121 FAX:209/468-3163 March 28, 2001 Board of Supervisors Courthouse Stockton, CA 95202 Dear Board Members: PUBLIC HEARING REGARDING A TWO-YEAR TIME EXTENSION REQUEST FOR APPROVED MINOR SUBDIVISION APPLICATION NO. MS-93-134 OF JOE BUDISELICH, ETAL (C/O DAN NAVONE) (SECOND SUPERVISORIAL DISTRICT) IT IS RECOMMENDED: That the Board of Supervisors: 1. Approve the Negative Declaration; and, 2. Approve the Time Extension for Minor Subdivision Application No. MS-93-134 for a period of two years to February 28, 2003. BACKGROUND: This is a request for a two-year Time Extension for an approved Minor Subdivision application, with a phased tentative map to subdivide a 17.5-acre parcel into 13 commercial and industrial lots and a designated remainder of 4.3 acres. Subdivision Map Act Section 66426(c) provides that commercial and industrial subdivisions are exempt from the requirements of a Final Map and may be filed as a Parcel Map. The Commission heard this item at its regularly scheduled meeting of January 20, 1994. Jerry Sperry, attorney for the applicant, spoke in favor of the project. Michael Normoyle, attorney for Waterloo Park Plaza, etal, and Ernest Giannecchini, spoke in opposition to the project. After considering all oral and written testimony,the Commission voted 4-2 to approve the Minor Subdivision. On January 28, 1994, Normoyle &Newman, attorneys for Waterloo Park Plaza, etal, appealed the Commission's action to the Board of Supervisors. The bases for the appeal were: CEQA compliance; pending litigation regarding the 1988 "Agreement for Expansion of Existing Treatment Plant"; and that certain conditions of approval should be modified. The Community Development Department responded to the appeal in the letter to the Board of Supervisors dated February 9, 1994,which is included in the Staff Report. On March 1, 1994, the Board of Supervisors voted 5-0 to deny the appeal and uphold the Commission's conditional approval of Minor Subdivision Application No. MS-93-134. Waterloo Park Plaza, etal, subsequently filed a lawsuit against the project. The court entered a judgment in favor of the project proponent, Joe Budiselich, etal.