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2020-10-06_7b 184 Brisco Time ExtensionMEMORANDUM TO: PLANNING COMMISSION FROM: WHITNEY McDONALD, CITY MANAGE R/ ACTING COMMUNITY DEVELOPMENT DIRECTOR BY: ANDREW PEREZ, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF TIME EXTENSION 20-002 FOR TENTATIVE TRACT MAP 18-003 AND PLANNED UNIT DEVELOPMENT 18-001 IN ACCORDANCE WITH THE SUBDIVISION MAP ACT AND ARROYO GRANDE MUNICIPAL CODE; LOCATION – 184 BRISCO ROAD; APPLICANT – HABITAT FOR HUMANITY FOR SAN LUIS OBISPO COUNTY; REPRESENTATIVE – WILL RUOFF, TEN OVER STUDIO D ATE: OCTOBER 6, 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. Approval of the time extension application would extend the expiration of the approval until August 21, 2021. IMPACT TO FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Time Extension 20-002 for Tentative Tract Map 18-003 and Planned Unit Development 18- 001. BACKGROUND: On August 21, 2018, the Planning Commission adopted Resolution No. 18-2311, approving Tentative Tract Map No. 18-003 and Planned Unit Development No. 18-001. The approved project consists of the subdivision of a 0.5-acre parcel into ten (10) lots. The project proposes to build eight (8) residential units restricted to lower income households, while the two (2) remaining parcels are reserved for open space and a parking area. The original approval was set to expire on August 21, 2020; 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. Item 7.b - Page 1 PLANNING COMMISSION CONSIDERATION OF TIME EXTENSION 20-002 OCTOBER 6, 2020 PAGE 2 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 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. The applicant’s representative states that the need for a time extension is the result of diminished financial resources due to the COVID-19 pandemic. Because of this, Habitat has been working to acquire some additional funding from the State and private donors. The one-year time extension will give Habitat for Humanity some additional time to raise the funds needed to break ground for this project. If approved, the one-year time extension would extend the expiration date of the project to August 21, 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 20-002; 2. Modify and adopt the attached Resolution approving Time Extension 20-002; 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: Review of Tentative Tract Map 18-003 and Planned Unit Development 18-001 for compliance with the California Environmental Quality Act (CEQA) determined that the project was categorically exempt from environmental review pursuant to Section 15322 of the CEQA Guidelines regarding in-fill development in urban areas. The project also qualified for an exemption pursuant to California Code of Regulations Section 15194(b)-(d) regarding affordable housing. The granting of a time extension in not anticipated to have any effect on that determination. Item 7.b - Page 2 PLANNING COMMISSION CONSIDERATION OF TIME EXTENSION 20-002 OCTOBER 6, 2020 PAGE 3 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 3 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. 18- 003 AND PLANNED UNIT DEVELOPMENT 18-001 (TIME EXTENSION 20-002); APPLIED FOR BY HABITAT FOR HUMANITY FOR SAN LUIS OBISPO COUNTY; LOCATED AT 184 BRISCO ROAD WHEREAS, the Planning Commission adopted Resolution 18-2311 approving Tentative Tract Map No. 18-003 and Planned Unit Development 18-001 for the subdivision of a 0.5 acre parcel into ten (10) lots and the construction of eight (8) residential units restricted to lower income households (the “Project”); and WHEREAS, the Project entitlements will expire on August 21, 2020, if an extension is not granted; and WHEREAS, an application for Time Extension 20-002 was submitted 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 20-002 on October 6, 2020; and WHEREAS, the Planning Commission reviewed Tentative Tract Map No. 18-003 and Planned Unit Development 18-001 for compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA, and determined that the project was categorically exempt pursuant to CEQA Guidelines Section 15332 regarding in-fill development in urban areas and CEQA Guidelines Section 15194(b)-(d) regarding affordable housing; and WHEREAS, the categorical exemptions pursuant to Section 15332 of the CEQA Guidelines and Section 15194(b)-(d) of the California Code of Regulations also apply to the application for a time extension; 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 20-002 for the first of three (3) available one-year extensions, effective as of August 21, 2020, subject to the above findings and the conditions as set forth in Exhibit "A” attached hereto and incorporated herein by this reference. Tentative Tract Map 18-003 and Planned Unit Development No. 18-001 shall now expire on August 21, 2021. Item 7.b - Page 4 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 6th day of October 2020. Item 7.b - Page 5 RESOLUTION NO. PAGE 3 _______________________________________ GLENN MARTIN, CHAIR ATTEST: PATRICK HOLUB SECRETARY TO THE COMMISSION APPROVED AS TO CONTENT: ______________________________________ WHITNEY McDONALD ACTING COMMUNITY DEVELOPMENT DIRECTOR Item 7.b - Page 6 RESOLUTION NO. PAGE 4 EXHIBIT ‘A’ CONDITIONS OF APPROVAL TIME EXTENSION NO. 20-002 VESTING TENTATIVE TRACT MAP NO. 18-003 AND PLANNED UNIT DEVELOPMENT NO. 18-001 184 BRISCO ROAD This approval authorizes a one (1) year time extension for Tentative Tract Map No. 18- 003 and Planned Unit Development 18-001, which was originally approved by the Planning Commission on August 21, 2018. 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. 18-003 and Planned Unit Development No. 18-001 shall expire on August 21, 2021 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 Tentative Tract Map No. 18-003 and Planned Unit Development No. 18-001. Item 7.b - Page 7