CC 2018-02-13_09i Time Extension_James Way_Sheppel
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TIME EXTENSION 17-008; ONE YEAR TIME
EXTENSION IN ACCORDANCE WITH THE ARROYO GRANDE
MUNICIPAL CODE; LOCATION - 1271 & 1281 JAMES WAY;
APPLICANT – RUSS SHEPPEL; REPRESENTATIVE – JAMES
COLEMAN, STEADFAST COMPANIES
DATE: FEBRUARY 13, 2018
SUMMARY OF ACTION:
Approval of the Time Extension would allow an additional twelve (12) months for the
developer to obtain building permits for the project, extending the expiration of the
approval to July 26, 2019.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution approving Time
Extension 17-008.
BACKGROUND:
On March 24, 2015, the City Council adopted Resolution No. 4651, approving
Amended Conditional Use Permit 15-001, Variance 15-001, and Lot Merger 15-001
for the development of 1.8 acres for an approximately 55,000 square-foot, 70-bed
assisted living/memory care facility and sixteen (16) independent living units on the
subject property. Following that approval, the applicant determined that due to
funding for the project, a Lot Line Adjustment was more appropriate than the
approved Lot Merger. On July 26, 2016, the City Council adopted Resolution No.
4745, approving Lot Line Adjustment 16-001 to replace Lot Merger 15-001. This
approval extended the expiration date of the project to July 26, 2018. In the interim,
the applicant has been working toward obtaining appropriate permits for the
construction of the approved development, but has found it necessary to request an
Item 9.i. - Page 1
CITY COUNCIL
CONSIDERATION OF TIME EXTENSION 17-008
FEBRUARY 13, 2018
PAGE 2
extension of the approval to allow adequate time to address previous plan check
corrections on the building permit application.
.
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 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 that would cause the proposed project to be injurious to the public health,
safety, or welfare. Additionally, the applicant has been working toward obtaining
building permits for the project, including obtaining approval from other required
agencies to address specific mitigation measures required prior to building permit
issuance.
If approved, the one-year time extension would extend the expiration date of the
project to July 26, 2019, and the applicant would be eligible to apply for two (2)
additional one-year time extensions, in accordance with the provisions of the
Municipal Code.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution approving Time Extension 17-008;
2. Modify and adopt the attached Resolution approving Time Extension 17-008;
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 obtaining building permits
and is consistent with the Municipal Code.
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.
Item 9.i. - Page 2
CITY COUNCIL
CONSIDERATION OF TIME EXTENSION 17-008
FEBRUARY 13, 2018
PAGE 3
PUBLIC NOTICE AND COMMENT:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report publication, no comments
had been received.
Item 9.i. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A ONE-YEAR TIME
EXTENSION FOR AMENDED CONDITIONAL USE PERMIT
15-001, VARIANCE 15-001, AND LOT LINE ADJUST 16-001
(TIME EXTENSION 17-008); APPLIED FOR BY RUSS
SHEPPEL; LOCATED AT 1271 & 1281 JAMES WAY
WHEREAS, on March 24, 2015, the City Council adopted Resolution No. 4651 approving
Amended Conditional Use Permit 15-001, Variance 15-001, and Lot Merger 15-001 for the
development of 1.8 acres for an approximately 55,000 square-foot, 70-bed assisted
living/memory care facility and sixteen (16) independent living units located at 1271 and
1281 James Way (the “Project”); and
WHEREAS, on July 26, 2016, the City Council adopted Resolution No. 4745 approving Lot
Line Adjustment 16-001 to replace Lot Merger 15-001; and
WHEREAS, approval for the Project is set to expire on July 26, 2018; and
WHEREAS, the applicant filed Time Extension 17-008 to extend the expiration date of the
Project by one (1) year; and
WHEREAS, the City Council has considered the request for Time Extension 17-008 on
February 13, 2018; 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 17-008 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. Amended Conditional Use
Permit 15-001, Variance 15-001, and Lot Line Adjustment 16-001 shall now expire on July
26, 2019.
Item 9.i. - Page 4
RESOLUTION NO.
PAGE 2
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 13th day of February, 2018.
Item 9.i. - Page 5
RESOLUTION NO.
PAGE 3
_______________________________________
JIM HILL, 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 9.i. - Page 6
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 17-008
AMENDED CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001 AND
LOT LINE ADJUSTMENT 16-001
1271 & 1281 JAMES WAY
This approval authorizes a one (1) year time extension for Amended Conditional Use
Permit 15-001, Variance 15-001, and Lot Line Adjustment 16-001, the most recent of
which was approved by the City Council on July 26, 2016.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. Amended Conditional Use Permit 15-001, Variance 15-001, and Lot Line
Adjustment 16-001 shall expire on July 26, 2019 unless it is recorded prior to this
date or an extension of time is granted (two potential extension remain).
3. The developer shall comply with all conditions of approval for Amended
Conditional Use Permit 15-001, Variance 15-001, and Lot Line Adjustment 16-
001.
Item 9.i. - Page 7
THIS PAGE INTENTIONALLY LEFT BLANK
Item 9.i. - Page 8