PC 2019-03-05_07b Pearwood Time Extensions
MEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TIME EXTENSION 19-001 AND 19-002; ONE
YEAR TIME EXTENSIONS IN ACCORDANCE WITH THE
SUBDIVISION MAP ACT AND ARROYO GRANDE MUNICIPAL
CODE; LOCATION – PEARWOOD AVENUE (TRACT 3017 AND
TENTATIVE PARCEL MAP 09-003); APPLICANT – CITY OF ARROYO
GRANDE
DATE: MARCH 5, 2019
SUMMARY OF ACTION:
Approval of the time extensions will provide an additional year for the maps to be
finaled and the subdivisions to occur.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission:
1. Adopt a Resolution approving a time extension for Tract 3017; and
2. Adopt a Resolution approving a time extension for Tentative Parcel Map 09-
003.
BACKGROUND:
On June 1, 2009, the Planning Commission adopted Resolution No. 10-2104,
approving Vesting Tentative Tract Map No. 09-007 and Planned Unit Development No.
09-002. The Planning Commission also adopted Resolution No. 10-2105, approving
Tentative Parcel Map No. 09-003. The two projects consist of the subdivision of 7.16
acres of former Redevelopment Agency property into four (4) residential lots and one
(1) open space lot and the subdivision of 0.87 acres into two (2) residential parcels.
The two projects were processed and approved concurrently for access purposes. The
original approvals were set to expire on June 1, 2011; however, as a result of State
Law during the Great Recession, the expiration of the maps was extended until June
1, 2016.
PLANNING COMMISSION
CONSIDERATION OF TIME EXTENSION 19-001 AND 1 9-002
MARCH 5, 2019
PAGE 2
In 2018, the Planning Commission approved the second time extensions for the
subdivisions. As a buyer for Tract 3017 is still being sought, a time extension was again
applied for by the City. Continued purchase interest has revived the need to take formal
action on the Time Extension by the Planning Commission. In accordance with
Subsection 66452.6(e) of the Subdivision Map Act, the application was automatically
extended for sixty (60) days upon receipt of application by the applicant to extend the
map. The map will remain active until the Planning Commission takes action on the
time extension.
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 in these
areas that would cause the proposed projects to be injurious to the public health,
safety, or welfare. Additionally, the City has been working toward the sale of the
Pearwood Tract for the purchaser to final the map for the project.
If approved, the one-year time extension would extend the expiration date of the project
to March 21, 2020. This would be the final time extension available, in accordance with
the provisions of the Municipal Code and the Subdivision Map Act.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolutions approving time extensions for Tract 3017 and
Tentative Parcel Map 09-003;
2. Modify and adopt the attached Resolutions approving time extensions for Tract
3017 and Tentative Parcel Map 09-003;
3. Do not adopt the attached Resolutions, provide specific findings and direct staff
to return with Resolutions denying the time extensions; or
4. Provide direction to staff.
ADVANTAGES:
Approving the requested time extensions will maintain the viability of approved
projects, will allow the Successor Agency to sell an entitled subdivision, and will
continue cooperative efforts with the neighboring property owner for mutually beneficial
land profitability, consistent with the Subdivision Map Act.
DISADVANTAGES:
No disadvantages associated with approval of the requested time extensions have
been identified.
PLANNING COMMISSION
CONSIDERATION OF TIME EXTENSION 19-001 AND 1 9-002
MARCH 5, 2019
PAGE 3
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 common
sense exemption 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. General lot layouts for Tract 3017 and Tentative Parcel Map 09-002
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR
TIME EXTENSION FOR TENTATIVE TRACT MAP NO. 09-
007 AND PLANNED UNIT DEVELOPMENT 09-002 (TIME
EXTENSION 19-001); APPLIED FOR BY CITY OF ARROYO
GRANDE; LOCATED NORTH AND NORTHEAST OF
PEARWOOD AVENUE
WHEREAS, the Planning Commission approved Tentative Tract Map No. 09-007 and
Planned Unit Development 09-002 (the “Project”) on June 1, 2009; and
WHEREAS, the map has remained active as a result of State Law; and
WHEREAS, the applicant filed Time Extension 19-001 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 19-001 on March 5, 2019; 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 19-001 for the third 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. Tentative Tract Map 09-007 and
Planned Unit Development No. 09-002 shall now expire on March 21, 2020.
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 5th day of March, 2019.
RESOLUTION NO.
PAGE 2
_______________________________________
GLENN MARTIN, CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT:
TERESA McCLISH COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 3
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 19-001
TENTATIVE TRACT MAP NO. 09-007 AND
PLANNED UNIT DEVELOPMENT NO. 09-002
NORTH AND NORTHEAST OF PEARWOOD AVENUE (TRACT 3017)
This approval authorizes a one (1) year time extension for Tentative Tract Map No. 09-
007 and Planned Unit Development 09-002, which was originally approved by the
Planning Commission on June 1, 2009.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. Tentative Tract Map No. 09-007 and Planned Unit Develop No. 09-002 shall expire
on March 21, 2020 unless it is recorded prior to this date or an extension of time
is granted (no further extensions remain).
3. The developer shall comply with all conditions of approval for Tentative Tract Map
No. 09-007 and Planned Unit Develop No. 09-002.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR
TIME EXTENSION FOR TENTATIVE PARCEL MAP NO. 09-
003 AND PLANNED UNIT DEVELOPMENT 09-002 (TIME
EXTENSION 19-002); APPLIED FOR BY CITY OF ARROYO
GRANDE; LOCATED ON PEARWOOD AVENUE
WHEREAS, the Planning Commission approved Tentative Parcel Map No. 09-003 and
Planned Unit Development 09-002 (the “Project”) on June 1, 2009; and
WHEREAS, the map has remained active as a result of State Law; and
WHEREAS, the applicant filed Time Extension 19-002 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 19-002 on March 5, 2019; 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 19-002 for the third 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. Tentative Parcel Map 09-003
and Planned Unit Development No. 09-002 shall now expire on March 21, 2020.
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 5th day of March, 2019.
RESOLUTION NO.
PAGE 2
_______________________________________
GLENN MARTIN, CHAIR
ATTEST:
MATTHEW DOWNING
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT:
TERESA McCLISH COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 3
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 19-002
TENTATIVE PARCEL MAP NO. 09-003 AND
PLANNED UNIT DEVELOPMENT NO. 09-002
PEARWOOD AVENUE
This approval authorizes a one (1) year time extension for Tentative Parcel Map No. 09-
003 and Planned Unit Development 09-002, which was originally approved by the
Planning Commission on June 1, 2009.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. Tentative Parcel Map No. 09-003 and Planned Unit Development No. 09-002 shall
expire on March 21, 2020 unless it is recorded prior to this date or an extension of
time is granted (no further extensions remain).
3. The developer shall comply with all conditions of approval for Tentative Parcel Map
No. 09-003 and Planned Unit Development No. 09-002.
Attachment 1
Tract 3017
1
2
3 4
5
TPM 09-002