PC 2018-08-21_07b Creekside Time Extension
MEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TIME EXTENSION 18-004; ONE YEAR TIME
EXTENSION FOR VESTING TENTATIVE TRACT MAP 04-004 AND
PLANNED UNIT DEVELOPMENT 04-001 (TRACT 3086 -
CREEKSIDE COMPLEX) IN ACCORDANCE WITH THE
SUBDIVISION MAP ACT; LOCATION – ADJACENT TO 415 E.
BRANCH STREET; APPLICANT – DB&M PROPERTIES, LLC
DATE: AUGUST 21, 2018
SUMMARY OF ACTION:
Approval of the Time Extension would allow the application an additional twelve (12)
months to record the final subdivision map in accordance with the Subdivision Map
Act.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 18-004 for a one-year time extension for Vesting Tentative Tract Map 04-
004 and Planned Unit Development 04-001.
BACKGROUND:
The City Council approved Vesting Tentative Tract Map 04-004 and Planned Unit
Development 04-001 on September 25, 2007. The project site is roughly 2.7 acres in
size, is located at the east end of the Village, and is bounded by East Branch Street,
Crown Hill, Crown Terrace, Le Point Street and Tally Ho Creek. Project approval
included reconfiguring twenty-three (23) parcels into nineteen (19) parcels, and a
mixed-use development consisting of sixteen (16) residential buildings (22 dwelling
units) in a detached townhouse configuration and a 12,937 square foot retail/office
building at the corner of Crown Terrace and Crown Hill.
PLANNING COMMISSION
CONSIDERATION OF TIME EXTENSION 18-004
AUGUST 21, 2018
PAGE 2
On March 10, 2009 the City Council granted a one-year time extension, establishing
a new expiration date of September 25, 2010. The Council also approved project
phasing at that time, allowing the applicant to record a final map on a portion of the
approved tentative map.
Subsequently, several legislative acts amended the Government Code (Subdivision
Map Act) to allow automatic time extensions of tentative maps, as summarized in
Table 1 below.
Table 1: Automatic Time Extensions
Statute Applicability to Project
SB 1185: 12-month time extension for
tentative maps contingent on the
following:
1. The map was approved prior to
July 15, 2008;
2. The map had not expired on July
15, 2008, and would otherwise
have expired prior to January 1,
2011.
The project qualifies for an automatic
time extension:
1. The map was approved on
September 25, 2007 (before July
15, 2008).
2. The map was due to expire on
September 25, 2009 (after July 15,
2008 and before January 1, 2011).
With the one-year time extension of SB
1185 and the City’s one-year time
extension, the new expiration date
became September 25, 2011.
AB 333: 24-month time extension for
tentative maps contingent on the
following:
1. The map was approved prior to
July 15, 2009;
2. The map had not expired on July
15, 2009, and would otherwise
have expired prior to January 1,
2012.
The project qualifies for an automatic
time extension:
1. The map was approved on
September 25, 2007 (before July
15, 2009).
2. The map was due to expire on
September 25, 2011 (after July 15,
2009 and before January 1, 2012).
With the two-year time extension of AB
333, the new expiration date became
September 25, 2013.
AB 208: 24-month time extension for
tentative maps contingent on the
following:
1. The map was approved prior to
July 15, 2011;
2. The map had not expired on July
The project qualifies for an automatic
time extension:
1. The map was approved on
September 25, 2007 (before July
15, 2011).
PLANNING COMMISSION
CONSIDERATION OF TIME EXTENSION 18-004
AUGUST 21, 2018
PAGE 3
Statute Applicability to Project
15, 2011 and would otherwise
have expired prior to January 1,
2014.
2. The map was due to expire on
September 25, 2013 (after July 15,
2011 and before January 1, 2014).
With the two-year time extension of AB
208, the new expiration date became
September 25, 2015.
AB 116: 24-month time extension for
tentative maps contingent on the
following:
1. The map was approved on or after
January 1, 2000;
2. The map had not expired on or
before July 11, 2013.
The project qualifies for an automatic
time extension:
1. The map was approved on
September 25, 2007 (after
January 1, 2000).
2. The map was due to expire on
September 25, 2015 (after July 11,
2013).
With the two-year time extension of AB
116, the new expiration date became
September 25, 2017.
AB 1303: 24-month time extension for
tentative maps contingent on the
following:
1. The annual mean household
income within the county is less
than 80% of the statewide annual
mean income;
2. The county’s annual non-seasonal
unemployment rate is at least
2.75% higher than the statewide
annual non-seasonal
unemployment rate;
3. The poverty rate within the
county’s population is at least 4%
higher than the statewide median
poverty rate.
The project does not qualify for an
automatic time extension under this
statute. Therefore, the expiration date
remains the same – September 25, 2017.
On August 1, 2017, the Planning Commission approved Time Extension 17-004 to
extend the expiration date to September 25, 2018. To date, the first phase of the map
has been recorded and the other three phases are under review. Due to the
impending expiration date of the Tentative Map, the applicant is requesting a Time
Extension to provide the opportunity to finish the Final Map process.
PLANNING COMMISSION
CONSIDERATION OF TIME EXTENSION 18-004
AUGUST 21, 2018
PAGE 4
ANALYSIS OF ISSUES:
Municipal Code Subsection 16.12.140.C allows the Planning Commission to grant up
to three (3) one-year time extensions for tentative maps, 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 these areas that would cause the proposed project to be injurious to the
public health, safety, or welfare.
If approved, the one-year time extension would extend the expiration date of the
project to September 25, 2019. This is the last available extension and no further
extensions would be available in accordance with the provisions of the Municipal
Code and the Subdivision Map Act, unless additional State extensions occur.
ALTERNATIVES:
The following alternatives are provided for the Planning Commission’s consideration:
1. Adopt the attached Resolution approving Time Extension 18-004;
2. Modify and adopt the attached Resolution approving Time Extension 18-004;
3. Do not adopt the attached Resolution, provide specific findings and direct staff
to return with Resolution denying Time Extension 18-004; or
4. Provide direction to staff.
ADVANTAGES:
Approving the requested time extension will maintain the viability of the approved
project.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines, it has been determined that the granting of time extensions is not
subject to CEQA per Section 15061(b)(3) of the Guidelines, regarding the general
rule that where it can be seen with certainty that there is no possibility of a significant
effect on the environment, an 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 time extensions. The Agenda was posted at City Hall and on the City’s website in
accordance with Government Code Section 54954.2.
Attachment:
1. Site Plan
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING A ONE-
YEAR TIME EXTENSION (TIME EXTENSION 18-004) 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 Planning Commission granted a one-year time extension for the Project
on August 1, 2017; and
WHEREAS, the applicant filed Time Extension 18-004 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 18-004 on August 21, 2018; 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 18-004 for the third and final 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, 2019.
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 21st day of August, 2018.
RESOLUTION NO.
PAGE 3
_________________________
GLENN MARTIN
CHAIR
ATTEST:
MATTHEW DOWNING
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT:
_____________________________
TERESA McCLISH
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION 18-004
EXTENSION FOR 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. 07-
002 and Planned Unit Development 07-002, which was originally approved by the
Planning Commission on July 1, 2008.
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, 2019 unless the map is recorded prior to this date or an
extension of time is granted. No further time extensions will be granted,
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.
ATTACHMENT 1