Loading...
PC 11-01-16 _7b TEX 16-001 318 Short StreetTO: FROM: BY: MEMORANDUM PLANNING COMMISSION TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT SAM ANDERSON, PLANNING TECHNICIAN SUBJECT: CONSIDERATION OF TIME EXTENSION 16-001; LOCATION-318 SHORT STREET; APPLICANT-BOB CHRISTIANSON DATE: NOVEMBER 1, 2016 RECOMMENDATION : It is recommended that the Planning Commission adopt a Resolution approving Time Extension 16-001. IMPACT TO FINANCIAL AND PERSONNEL RESOURCES: Non e. BACKGROUND: Location PLANNING COMMISSION CONSIDERATION OF TIME EXTENSION 16-001 NOVEMBER 1, 2016 PAGE2 Project Description Lot Line Adjustment 14-001 was approved by the Planning Commission on October 21, 2014 (Attachment 1 ). This lot line adjustment consolidates four (4) existing Village Mixed Use lots located at 318 Short Street into two (2) lots. It was due to expire on October 21,2016. ANALYSIS OF ISSUES: Extensions of Time Municipal Code Subsection 16.12.140.C allows the approving authority to grant a project up to three (3) one-year time extensions, only if it is found that there have been no significant changes in the General Plan, Municipal Code or character of the area within which the project is located that would cause the approved project to be injurious to the public health, safety or welfare. No such changes have been identified in regard to Lot Line Adjustment 16-001. If the requested time extension is approved, the project will be eligible for two (2) additional one-year time extensions. It should be noted that the applicant has been working toward finalization of the Lot Line Adjustment, including making necessary site and public improvements required prior to recordation of the Lot Line Adjustment. ALTERNATIVES: The following alternatives are provided for the Planning Commission's consideration: • Adopt the attached Resolution approving Time Extension 16-001; • Modify and adopt the attached Resolution approving Time Extension 16-001; • Do not adopt the attached Resolution, provide specific findings and direct staff to return with a Resolution denying the project; or ADVANTAGES: Granting the requested extension will allow the applicant to continue working toward recording Lot Line Adjustment 14-001. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: Staff has reviewed the proposed project in accordance with the California Environmental Quality Act (CEQA) Guidelines and determined the granting of a time extension is not subject to CEQA per Section 15061 (b)(3) of the Guidelines, which states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. PUBLIC NOTICE AND COMMENT: Per Municipal Code Table 16.12.030-B, a public hearing is not required for approval of a time extension. PLANNING COMMISSION CONSIDERATION OF TIME EXTENSION 15-001 NOVEMBER 1, 2015 PAGE3 • Provide direction to staff. Attachment: Planning Commission Resolution No. 14-2216 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TIME EXTENSION 16-001; LOCATED AT 318 SHORT STREET; APPLIED FOR BY BOB CHRISTIANSON WHEREAS, the proponent has filed Time Extension 16-001 to extend the expiration date of Lot Line Adjustment (LLA) 14-001 by one (1) year; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the request on November 1, 2016; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is not subject to CEQA per Section 15061 (b)(3) of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. There have been no significant changes in the General Plan, Municipal Code or character of the area within which the project is located that would cause the approved project to be injurious to the public health, safety or welfare. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Time Extension 16-001 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner roll call vote, to wit: AYES: NOES: ABSENT: , seconded by Commissioner and by the following The foregoing Resolution was adopted this 1st day of November, 2016. RESOLUTION NO. ATTEST: DEBBIE WEICH INGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR LAN GEORGE CHAIR RESOLUTION NO. EXHIBIT 'A' CONDITIONS OF APPROVAL TIME EXTENSION 16-001 318 SHORT STREET This approval authorizes a one (1) year time extension for Lot Line Adjustment 14-001. GENERAL CONDITIONS: 1. The developer shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. Lot Line Adjustment 14-001 shall expire on October 21, 2017 unless it is recorded prior to this date or an extension of time is granted (two potential extensions remain). 3. The developer shall comply with all conditions of approval for Lot Line Adjustment 14-001. I I I ATTACHMENT 1 RESOLUTION NO. 14-2216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT N0.14-001; 318 SHORT STREET WHEREAS, the applicant proposes to adjust lot lines between four parcels, resulting in two parcels; and WHEREAS, Municipal Code Table 16.12.030 (B) requires that lot line adjustments be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed the project at its meeting on October 21, 2014; and WHEREAS, the Planning Commission finds that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission finds, after due study and deliberation, the proposed lot line adjustment does not: 1. Create any new lots; 2. Include any lots or parcels created illegally; 3. Impair any existing access or create a need for access to any adjacent lots or parcels; 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current :z:oning development standards; 6. Require substantial alteration of any existing improvements or create a need for any new improvements; 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Municipal Code Section 16.48.11 0. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Lot Line Adjustment 14-001, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference and as presented to the Planning Commission on October 21, 2014 and shown in Exhibit "B", attached hereto and incorporated herein by this reference as though set forth in fulL RESOLUTION NO. 14-2216 PAGE 2 On a motion by Commissioner Goss, seconded by Commissioner George and by the I following roll call vote to wit: AYES: Goss, George, Keen, Sperow NOES: None ABSENT: Russom the foregoing Resolution was adopted this 21st day of October 2014. ATTEST: JJv~W~~eA DEBBIE WEICHINGER ~2;yV LISA SPEROW, VICE CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: TERE;;{&Ls~ , <'""'---- I coMMUNITY DEVELOPMENT DIRECTOR I I I I RESOLUTION NO. 14·2216 PAGEJ EXHIBIT "A" CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT 14-001 318 SHORT STREET This approval authorizes a lot line adjustment between portions of APN 007-542-023 and APN 007-542-021. GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Lot Line Adjustment 14-001. 3. Development shall occur in substantial confomnance with the plans presented to the Planning Commission at their meeting of October 21, 2014 and marked Exhibit "8". 4. This approval shall automatically expire on October 21, 2016 unless the lot line adjustment is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Future development shall conform to the applicable zoning district requirements except as otherwise approved. 6. The applicant agrees to indemnify, defend, and hold harmless at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of this approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations. ENGINEERING DIVISION CONDITIONS: 7. The applicant shall submit all information required by Municipal Code Section 16.20.140. RESOLUTION NO. 14-2216 PAGE4 8. 9. The applicant shall pay processing and plan check fees at the time they are due. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for the Lot Line Adjustment. 10. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers. 11. A current preliminary title report shall be submitted to the Community Development Director prior to checking the final documents. 12. The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. 13. A Certificate of Compliance for Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied prior to issuing a building permit BUILDING DIVISION CONDITIONS: 14. The project shall comply with the most recent editions of the California Codes as adopted by the City of Arroyo Grande. 15. Record an emergency access easement through Parcel1 to allow for emergency protection of Parcel 2 from Traffic Way. 16. The existing wood building on Parcel 2 must comply with Building Code provisions for fire rated exterior walls and distances to property lines. 17. All unpermitted structures must be removed or permitted. I I I !i l ~a ' I ·= $;.;; ~ti ~ u ~f •• ,. •' i ! .... liir~iw ' ' ! :a :~~ru i ; ..r: ~~~1!.$ ' ' ! X : ~ .. li ' UJ e ~ ~ i ta l'l.;; fj i ~~ -·· ~ l ! ::.. ~ ~ ~ ' r· , .. > • ' . ~ ;ll i <T.l ~ "., • • i~fh~ ~ ~ I. ,_ ~dey ~~ ' ~iF~ ' .... ,.,!l_ I 0. Ef' ·~ " ~ 1--~ ~ ~~~ -·-·, J:.lg~IJ;s ,Viiiii'S~ I I