CC 2019-07-23_08h One Year Time Extension_Tract 3079MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TIME EXTENSION 19-006; ONE YEAR TIME
EXTENSION IN ACCORDANCE WITH THE SUBDIVISION MAP ACT
AND ARROYO GRANDE MUNICIPAL CODE; LOCATION – RODEO
DRIVE/GRACE LANE (TRACT 3079); APPLICANT – RODEO-GRACE
INVESTORS; REPRESENTATIVE – KIRBY GORDON
DATE: JULY 23, 2019
SUMMARY OF ACTION:
Approval of a Time Extension to allow an additional twelve (12) months for the
developer to record the final subdivision map.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution approving Time Extension
19-006.
BACKGROUND:
On May 9, 2017, the City Council adopted Resolution No. 4793, approving Vesting
Tentative Tract Map No. 16-001. The approved project consists of the subdivision of
7.52 acres into seven (7) residential lots (Attachment 1).
The applicant submitted a request for a one-year time extension. 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 July 30, 2019, or until the City Council takes
action on the time extension if no action is taken by the new expiration date.
ANALYSIS OF ISSUES:
Municipal Code Subsection 16.12.140.C allows the Council to grant a project up to
three (3) one-year time extensions, only if it is found that there have been no significant
Item 8.h. - Page 1
CITY COUNCIL
CONSIDERATION OF TIME EXTENSION 19-006
JULY 23, 2019
PAGE 2
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.
Additionally, the applicant has been working toward recording a final map for the
project.
If approved, the one-year time extension would extend the expiration date of the project
to May 9, 2020, 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 Resolution approving Time Extension 18-008;
2. Modify and adopt the attached Resolution approving Time Extension 18-008;
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, will allow the applicant to continue to work toward recording the final
subdivision map, and is consistent with the Subdivision Map Act.
DISADVANTAGES:
No disadvantages associated with approval of the requested time extension 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 a time extension 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
a time extension. 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 Layout map for Tract 3079
Item 8.h. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A ONE-YEAR TIME
EXTENSION FOR VESTING TENTATIVE TRACT MAP NO.
16-001 (TIME EXTENSION 19-006); APPLIED FOR BY
RODEO-GRACE INVESTORS; LOCATED AT RODEO
DRIVE AND GRACE LANE (TRACT 3079)
WHEREAS, the City Council approved Vesting Tentative Tract Map No. 16-001 (the
“Project”) on May 9, 2017; and
WHEREAS, the applicant filed Time Extension 19-006 to extend the expiration date of the
Project by one (1) year; and
WHEREAS, the City Council of the City of Arroyo Grande has considered the request for
Time Extension 19-006 on July 23, 2019; and
WHEREAS, the City Council 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 City Council 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 City Council of the City of Arroyo Grande
hereby approves Time Extension 19-006 for the first 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 16-
001 shall now expire on May 9, 2020.
On motion by Council Member _________, seconded by Council Member _________ and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 23rd day of July, 2019.
Item 8.h. - Page 3
RESOLUTION NO.
PAGE 2
_______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 8.h. - Page 4
RESOLUTION NO.
PAGE 3
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 19-006
VESTING TENTATIVE TRACT MAP NO. 16-001
RODEO DRIVE AND GRACE LANE (TRACT 3079)
This approval authorizes a one (1) year time extension for Vesting Tentative Tract Map
No. 16-001, which was originally approved by the City Council on May 9, 2017.
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 No. 16-001 shall expire on May 9, 2020 unless it is
recorded prior to this date or another extension of time is granted in accordance
with the Subdivision Map Act.
3. The developer shall comply with all conditions of approval for Vesting Tentative
Tract Map No. 16-001 (Resolution No. 4793).
Item 8.h. - Page 5
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