2021-04-20_7b 1495 El Camino Real Time ExtensionMEMORANDUM
TO: PLANNING COMMISSION
FROM: ROB FITZROY, COMMUNITY DEVELOPMENT DIRECTOR
BY: ANDREW PEREZ, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF TIME EXTENSION 21-002 FOR CONDITIONAL
USE PERMIT NO. 16-005; ONE YEAR TIME EXTENSION IN
ACCORDANCE WITH THE ARROYO GRANDE MUNICIPAL CODE;
LOCATION – 1495 EL CAMINO REAL; APPLICANT – SCOTT PACE;
REPRESENTATIVE – GREG SOTO
D ATE: APRIL 20, 2021
SUMMARY OF ACTION:
Approval of Time Extension No. 20-002 for Conditional Use Permit No. 16-005 would
allow an additional twelve (12) months for the developer to obtain building permits to
construct a new professional office building, accessory warehouse space, and two (2)
second-floor residential units at 1495 El Camino Real. Approval of the time extension
application would extend the expiration of the approval to March 6, 2022.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 21-002 (Attachment 1).
BACKGROUND:
On March 6, 2018, the Planning Commission adopted Resolution No. 18-2299
approving Conditional Use Permit 16-005 for the construction of a new professional
office building, accessory warehouse space, and two (2) second-floor residential units
on the property located at 1495 El Camino Real. The applicant has been working
toward obtaining appropriate permits for the construction of the approved
development, but has found it necessary to request an extension of the approval to
allow adequate time to address plan check corrections on the building permit
application. Therefore, the applicant submitted a time extension request to extend the
entitlement’s approval for one year, which was due to expire on March 6, 2021.
Item 7.b - Page 1
PLANNING COMMISSION
CONSIDERATION OF TIME EXTENSION 21-002
APRIL 20, 2021
PAGE 2
ANALYSIS OF ISSUES:
Municipal Code Subsection 16.12.140.C allows the Planning Commission 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 that
would cause the proposed project to be injurious to the public health, safety, or welfare.
The applicant states that the need for a time extension is the result of complications
associated with the COVID-19 pandemic. The pandemic has made coordinating with
consulting firms more time consuming and cumbersome than pre-pandemic times. The
applicant is confident that they will pull building permits for this project in the third
quarter of this year (Attachment 2).
If approved, the one-year time extension would extend the expiration date of the project
to March 6, 2022. Following approval of this extension, the applicant would be eligible
to apply for one (1) additional one-year time extension, in accordance with the
provisions of the Municipal Code.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving Time Extension 21-002;
2. Modify and adopt the attached Resolution approving Time Extension 21-002;
3. Do not adopt the attached Resolution, provide specific findings and direct staff
to return with a Resolution denying the time extension; or
4. Provide direction to staff.
ADVANTAGES:
Approving the requested time extension will maintain the viability of an approved
project and will allow the applicant to continue to work toward obtaining building permits
to construct the project.
DISADVANTAGES:
No disadvantages associated with approval of the requested time extension have been
identified.
ENVIRONMENTAL REVIEW:
Review of Conditional Use Permit 16-005 for compliance with the California
Environmental Quality Act (CEQA) determined that the project was categorically
exempt from environmental review pursuant to Section 15322 of the CEQA Guidelines
regarding infill development in urban areas. The granting of a time extension in not
anticipated to have any effect on that determination.
Item 7.b - Page 2
PLANNING COMMISSION
CONSIDERATION OF TIME EXTENSION 21-002
APRIL 20, 2021
PAGE 3
PUBLIC NOTICE AND COMMENT:
Per Municipal Code Table 16.12.030-B, a public hearing is not required for approval of
a time extension. The Agenda was posted at City Hall and on the City’s website in
accordance with Government Code Section 54954.2.
Item 7.b - Page 3
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR
TIME EXTENSION FOR CONDITIONAL USE PERMIT NO.
16-005 (TIME EXTENSION 21-002); APPLIED FOR BY
SCOTT PACE; LOCATED AT 1495 EL CAMINO REAL
WH EREAS, the Planning Commission adopted Resolution No. 18-2299 approving
Conditional Use Permit 16-005 for the construction of a new professional office building,
accessory warehouse space, and two (2) second-floor residential units (the “Project”)
WH EREAS, the effective date of the decision was March 6, 2018; and
WHEREAS, the approval remained valid for two (2) years from the effective date of decision;
and
WHEREAS, the Planning Commission approved Time Extension 20-001 to extend the
expiration date of the Project by one (1) year to March 6, 2021; and
WH EREAS, an application for Time Extension 21-002 was submitted to extend the
expiration date of the Project by one (1) more year; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the
request for Time Extension 21-002 on April 20, 2021; and
WHEREAS, the Planning Commission reviewed Conditional Use Permit 16-005 for
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA, and
determined that the project was categorically exempt pursuant to Section 15322 of the
CEQA Guidelines regarding in-fill development in urban areas; and
WH EREAS, the categorical exemption pursuant to Section 15322 of the CEQA Guidelines
also applies to the application for a time extension; and
WHEREAS, the Planning Commission finds, after due study and deliberation, 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 21-002 for the second of three (3) available one-
year extensions, subject to the above findings and the conditions as set forth in Exhibit "A”
attached hereto and incorporated herein by this reference. Conditional Use Permit No. 16-
005 shall now expire on March 6, 2022.
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Item 7.b - Page 4
RESOLUTION NO.
PAGE 2
On motion by Commissioner _________, seconded by Commissioner _________ and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 20th day of April 2021.
Item 7.b - Page 5
RESOLUTION NO.
PAGE 3
_______________________________________
GLENN MARTIN, CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT: ______________________________________ ROB FITZROY COMMUNITY DEVELOPMENT DIRECTOR
Item 7.b - Page 6
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 21-002 FOR
CONDITIONAL USE PERMIT NO. 16-005
1495 EL CAMINO REAL
This approval authorizes a one (1) year time extension for Conditional Use Permit 16-
005, which was originally approved by the Planning Commission on March 6, 2018.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements that are applicable to this project.
2. Conditional Use Permit No. 16-005 shall expire on March 6, 2022, unless a building
permit is issued prior to this date.
3. The developer shall comply with all conditions of approval for Conditional Use
Permit No. 16-005.
Item 7.b - Page 7
ATTACHMENT 2
Item 7.b - Page 8