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PC R 17-2280 RESOLUTION NO. 17-2280 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING A ONE- YEAR TIME EXTENSION (TIME EXTENSION 17-004) FOR VESTING TENTATIVE TRACT MAP 04-004 AND PLANNED UNIT DEVELOPMENT 04-001 (TRACT 3086 - CREEKSIDE COMPLEX); APPLIED FOR BY DB&M PROPERTIES, LLC; LOCATION —ADJACENT TO 415 E. BRANCH STREET WHEREAS, the City Council of the City of Arroyo Grande approved Vesting Tentative Tract Map 04-004 and Planned Unit Development 04-001 (the "Project") on September 25, 2007; and WHEREAS, the City Council granted a one-year time extension for the Project on March 10, 2009; and WHEREAS, the map has remained active as a result of State Law; and WHEREAS, the applicant filed Time Extension 17-004 to extend the expiration date of the Project by one (1) year; and WHEREAS,. the Planning Commission of the City of Arroyo Grande has considered the request for Time Extension 17-004 on August 1, 2017; 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 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 17-004 for the second of three (3) available one-year extensions, with the above findings and subject to the conditions as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Vesting Tentative Tract Map 04-004 and Planned Unit Development 04-001 shall now expire on September 25, 2018. RESOLUTION NO. 17-2280 PAGE 2 On motion by Commissioner Schiro, seconded by Commissioner Mack, and by the following roll call vote, to wit: AYES: Schiro, Mack, Fowler-Payne, Martin NOES: None ABSENT: George The foregoing Resolution was adopted this 1st day of August, 2017. GLENN MARTIN CHAIR ATTEST: DEBORAH WEICHINGE SECRETARY TO THE COMMISSION APPROVED AS TO CONTENT: 4 -1/0 " • TERE ACLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 17-2280 PAGE 3 EXHIBIT 'A' CONDITIONS OF APPROVAL TIME EXTENSION 17-004 VESTING TENTATIVE TRACT MAP 04-004 AND PLANNED UNIT DEVELOPMENT 04-001 PROPERTY ADJACENT TO 415 EAST BRANCH STREET This approval authorizes a one (1) year time extension for Tentative Tract Map No. 04- 004 and Planned Unit Development 04-001, which was originally approved by the Planning Commission on September 25, 2007. GENERAL CONDITIONS: 1. The developer shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. Vesting Tentative Tract Map 04-004 and Planned Unit Development 04-001 shall expire on September 25, 2018 unless the map is recorded prior to this date or an extension of time is granted. The applicant may apply for one (1) additional one- year time extension, pursuant to Development Code Section 16.12.140(C). 3. The developer shall comply with all conditions of approval for Vesting Tentative Tract Map 04-004 and Planned Unit Development 04-001. 4. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said 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 under this condition.