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.