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2020-02-04 7b_Tract 2985 Time ExtensionMEMORANDUM TO: PLANNING COMMISSION FROM: BILL ROBESON, ACTING COMMUNITY DEVELOPMENT DIRECTOR BY: ANDREW PEREZ, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF TIME EXTENSION 19-008; ONE-YEAR TIME EXTENSION FOR VESTING TENTATIVE TRACT MAP 13-002 AND PLANNED UNIT DEVELOPMENT 13-002 IN ACCORDANCE WITH THE SUBDIVISION MAP ACT AND ARROYO GRANDE MUNICIPAL CODE; LOCATION – CORBETT CANYON ROAD (TRACT 2985); APPLICANT – SCOTT PACE; REPRESENTATIVE – TONY COSCIA D ATE: FEBRUARY 4, 2020 SUMMARY OF ACTION: Approval of the Time Extension would allow an additional twelve (12) months for the developer to record the final subdivision map, until October 3, 2020. IMPACT TO FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Time Extension 19-008. BACKGROUND: On October 3, 2017, the Planning Commission adopted Resolution No. 17-2287, approving Vesting Tentative Tract Map No. 13-002 and Planned Unit Development No. 13-002. The approved project consists of the subdivision of 4.6 acres into eleven (11) residential lots. The original approval was set to expire on October 3, 2019; however, as a result of the subject application, the expiration of the map has been extended until the Planning Commission takes action on the application. ANALYSIS OF ISSUES: Municipal Code Subsection 16.12.140.C allows the 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 Item 7.b - Page 1 PLANNING COMMISSION CONSIDERATION OF TIME EXTENSION 19-008 FEBRUARY 4, 2020 PAGE 2 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, including obtaining an encroachment permit from Caltrans for work necessary on Highway 227. If approved, the one-year time extension would extend the expiration date of the project to October 3, 2020, in accordance with the provisions of the Municipal Code and the Subdivision Map Act. ALTERNATIVES: The following alternatives are provided for the Commission’s consideration: 1. Adopt the attached Resolution approving Time Extension 19-008; 2. Modify and adopt the attached Resolution approving Time Extension 19-008; 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. Item 7.b - Page 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING A ONE-YEAR TIME EXTENSION FOR VESTING TENTATIVE TRACT MAP NO. 13-002 AND PLANNED UNIT DEVELOPMENT 13-002 (TIME EXTENSION 19-008); APPLIED FOR BY SCOTT PACE; LOCATED AT CORBETT CANYON ROAD WHEREAS, the Planning Commission approved Vesting Tentative Tract Map No. 13-002 and Planned Unit Development 13-002 (the “Project”) on October 3, 2017; and WHEREAS, the map has remained active as a result of State Law; and WHEREAS, the applicant filed Time Extension 19-008 on August 23, 2019, to extend the expiration date of the Project by one (1) year; and WHEREAS , the approval is automatically extended until the Planning Commission takes action on the application; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the request for Time Extension 19-008 on February 4, 2020; 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 19-008 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 13- 002 and Planned Unit Development No. 13-002 shall now expire on October 3, 2020. Item 7.b - Page 3 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 4th day of February 2020. Item 7.b - Page 4 RESOLUTION NO. PAGE 3 _______________________________________ GLENN MARTIN, CHAIR ATTEST: PATRICK HOLUB SECRETARY TO THE COMMISSION APPROVED AS TO CONTENT: ______________________________________ BILL ROBESON ACTING COMMUNITY DEVELOPMENT DIRECTOR Item 7.b - Page 5 RESOLUTION NO. PAGE 4 EXHIBIT ‘A’ CONDITIONS OF APPROVAL TIME EXTENSION NO. 19-008 VESTING TENTATIVE TRACT MAP NO. 13-002 AND PLANNED UNIT DEVELOPMENT NO. 13-002 CORBETT CANYON (TRACT 2985) This approval authorizes a one (1) year time extension for Vesting Tentative Tract Map No. 13-002 and Planned Unit Development 13-002, which was originally approved by the Planning Commission on October 3, 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. 13-002 and Planned Unit Development No. 13- 002 shall expire on October 3, 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. 13-002 and Planned Unit Development No. 13-002. Item 7.b - Page 6