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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 ATTACHMENT 1Item 8.h. - Page 6SECTION •A·A• ,::~:,:.A,:T:. BASIN Cit.OSI SECTION "'""-a'• 2.t•,aoua :::i ~•~ ":i~L~~ oa,n12•aova j""""--~---------,,,-=~~•:, TO OUIIII IN 24 --IIIOTI, =~:~~~~TIR NO JtlMCllfO &BQUl&ID SBCTION ·•-•· (TTP.) DII.AINAOE BASIN Cll.O18 SECTION "°'°"' 52' RIGHT OF WAY 4~ U/N AC PA~NG ON r CL N 8AS£ 01-f'R ,r R£COUPAC1cD SU8GRAD£ BASED ON A T.I. OF 6.5. TYPICAL STREET SECTION NOTES f. SlWAGE"IJISPOSAJ.PROWXOBYCITYOFARll'O)VCIWIIJE = 2. WATER SOMC£ PfHMO€D flY TH£ CITY OF ~l'V GRANO£ J. APN: 007-011-IHI 4. W(()US£0£SICN4T10N: SFRlOWD£NSITY. 5.TOTAt.SIT£~7.51ACRE3: Q!jD T E N T A T I V E MAP SCALE: 1• ~ 40' 'VC-+---100' c__ _ _J_ _ __.. j__ CUL-DE-SAC Pli'OPILE UTILITIES AT.!T 102CROSSSTR££T !am UKS ~ C4 g.µ()f 805.546.7417 PAC!Fx: G4S.! aa:TRJCC """""""SlllEIT SANLIJ/St'.85Po, C49.J40f 8(1().74.).$()(}() SCWERANO WATER CfTY()f',WliQ)t)CRAN/)£ 114 £ SRANCHSTRfET A/i'RQl'V CRAM?f; C4 9.H20 ,,,,..,_ JI.J8 IMXISTRIAl PARlt¥olY SANTAAtWiW,4.01"'55 8()5.~9.8651) CIWIIE11CA/Jt£ 119 8IW(;c STRCET Ni'!ltll't';lGIWIDE,C49.H20 805.#19.265:J VICINITY MAP LEGEND BOIIMWl'rlME RiCHTOFWAY PARW.BOIJNtJffl' -PIIOPOS8)G<S """""'"""' PIIOPOSB)"'"" lXIS11NGll4TfR DOSIING""' DOSIING<>S lXIS11NG£1.ECTRIC flNCEZ.W£ EXISTING TREE (To RE1WN /JNl£SS NOTED OlH£/?WfSE) £XISTTNGFJR£H'l'DRANT ffl(ll'()S!])f11CH>!KWff £XISTIN(JSTR££Tl/GHT PROl'OS[l) STREET lJGHT ,.,,,,,.,,,.,;.a,, r_----, TREE LEGEND OEXIST.TREE II" TRUNK 9ZE LABEL ' ,~ VESTING TENTATIVE FOR TRACT NO. MAP 3079 BEINGASUBOMSION Of LOT 184 OF TRACT NO. 1390, RECORDED IN BOOK 14, PAGE7JOFt.W'S, IN TI-IE COUNTY OF SAN WIS OBISPO, STATE0FC.IJ..IF0RNIAINT07RESI0ENTW..LOTSRANGINGINSIZEFR0U 24,914SQUAREFEETT057,60250LIAREFEETm0ONE0ITTR0F 0EOICATIONF0RROAOWAYPURPOSESOF12,128SQUAREFEET, PREPAREDFOR: Owners/Appl'cont Kirt:,yGordon Gordon Properties 760UallieRoad,SuileA1 Pismo Beoch, Cc. 9J449 (805)77J-2610 SURVEY DATE: 07/17/14 PLOTDATE:06/28/16 F1LEN.&ME:TTU051J16.DWG Sl1EET10f1 PREPARE0IJ'I'; Engine.-JeffreyJ. Emrick, P.E. RCE f40657 DP. J/31/2017