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Analysis
<br /> Background
<br /> Major Subdivision Application No. SU-92-15 has an approved vesting tentative map for a 37-lot rural
<br /> k residential subdivision on 43 acres. The application was originally heard by the Planning Commission on
<br /> December 17, 1992. The subdivision proposal was denied based on the inability to make Findings 5 and 6.
<br /> On December 23, 1992, Steve Herum, representing the applicant, James Carroll, filed an appeal of the
<br /> Planning Commission's denial. The appeal was calendared to be heard by the Board of Supervisors on
<br /> i February 4, 1993, but was continued to June 22, 1993. At the June 22, 1993, meeting of the Board of
<br /> Supervisors, the mater was continued indefinitely. On November 22, 1994, the matter was calendared for
<br /> hearing by the Board but was continued to December 13, 1994. On December 13, 1994, the Board of
<br /> Supervisors conditionally approved the vesting tentative map for the Major Subdivision known as Morada
<br /> Meadows(Resolution No R-94-782).
<br /> On February 14, 1995, a petition was filed with the San'Joaquin County Superior Court(Case No. 284020)
<br /> which challenged the December 13, 1994, decision by the San Joaquin County Board of Supervisors to
<br /> approve Major Subdivision Application No. SU-92-15 and adopt a Negative Declaration. After a trial was
<br /> held, a judgmentwas entered in favor of San Joaquin County and the project proponent,James Carroll. The
<br /> Notice of Entry of Judgment was filed on April 26, 1996. The last day to file an appeal of the Judgment was
<br /> June 25, 1996. The total time from February 14, 1995 to June 25, 1996 is 497 days. On June 16, 1997,the
<br /> Planning Commission approved a 497-day Time Extension to April 24, 2000, Ken Meleyco, et al, appealed
<br /> the Planning Commission's action to the Board of Supervisors. On August 28, 1997, the Board of
<br /> Supervisors granted the appeal,thus denying the Time Extension. The Morada Meadows tentative map was
<br /> to expire on December 13, 1998. On December 10, 1998 the applicant submitted the request for a 5-year
<br /> Time Extension.
<br /> On July 30, 1998,staff approved a Minor Subdivision(MS-98-22)to createfour4.9-acre lots on the northerly
<br /> 20 acres of this site. On October 1, 1998,the Planning Commission denied an appeal by Ken Meleyco. Kerr
<br /> Meleyco appealed that action to the Board of Supervisors,which was scheduled to hear the appeal on
<br /> January 26, 1999, but continued the hearing to February 9, 1999.
<br /> Attached is one letter in favor of the Time Extension. Also attached is a January 12, 1999, letter from the
<br /> Morada Municipal Advisory Council(MAC)in opposition to this Time Extension request. This letter makes
<br /> reference to other correspondence"over the last 10 years." A review of the files found 3 letters from the
<br /> Morada MAC dated November 16, 1992,April 7, 1995,and November 13, 1996. Those letters are attached
<br /> as well as a response(November24, 1992)from County Counsel to the letter of November 16, 1992.
<br /> In addition,a January 13, 1999,letter from Kenneth Meleyco in opposition to the Time Extension is attached.
<br /> Mr. Meleyco raises several issues. He correctly notes that the application referral mailed December 18,
<br /> 1998, included the wrong tentative map. The correct tentative map is the map submitted on January 20,
<br /> 1993,and included as Attachment"A" in Board Resolution R-94-782(attached). However,the project is
<br /> correctly identified as a Time Extension for a Major Subdivision applicationto divide 43 acres into 37 rural
<br /> lots.
<br /> Mr. Meleyco and the Morada MAC both stated that the Morada MAC did not receive an application referral.
<br /> Our records indicate that a referral was mailed to the Morada MAC at 10541 La Loma Way, Stockton,which
<br /> is the same address that is listed on the letterhead of the Morada MAC letter of January 12, 1999.
<br /> San Joaquin County SU-92-151Carroll
<br /> Community Development Page 3
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