CC 2019-02-26_08g Time Extension_Tract 1998 CastlerockMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TIME EXTENSION 18-008; ONE YEAR TIME
EXTENSION IN ACCORDANCE WITH THE SUBDIVISION MAP ACT
AND ARROYO GRANDE MUNICIPAL CODE; LOCATION – LA
CANADA/BLOSSOM VALLEY ROAD (TRACT 1998); APPLICANT –
CASTLEROCK DEVELOPMENT; REPRESENTATIVE – T. KEITH
GURNEE
DATE: FEBRUARY 26, 2019
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 January 27, 2020.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution approving Time Extension
18-008.
BACKGROUND:
On January 27, 2009, the City Council adopted Resolution No. 4156, approving
Vesting Tentative Tract Map No. 01-001 and Planned Unit Development No. 01-001.
The approved project consists of the subdivision of 26.9 acres into fifteen (15)
residential lots on approximately 4.9 acres and one (1) 22-acre open space parcel
(Attachment 1). The original approval was set to expire on January 27, 2011; however,
as a result of State Law during the Great Recession, and the previously approved time
extension (Time Extension 16-002), the expiration of the map has been extended until
January 27, 2019.
The applicant submitted a request for a one-year time extension on November 27,
2018. 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
Item 8.g. - Page 1
CITY COUNCIL
CONSIDERATION OF TIME EXTENSION 18-008
FEBRUARY 26, 2018
PAGE 2
by the applicant to extend the map. The map will remain active until March 28, 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
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, including dedicating an area for municipal use (Well 11), submitting and
revising Public Improvement Plans, and submitting Homeowners Association Articles
of Incorporation, By-Laws, Covenants, Conditions, and Restrictions, Design Manual,
and a Common Area Management Program.
If approved, the one-year time extension would extend the expiration date of the project
to January 27, 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.
Item 8.g. - Page 2
CITY COUNCIL
CONSIDERATION OF TIME EXTENSION 18-008
FEBRUARY 26, 2018
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.
Attachment:
1. General Lot Layout map for Tract 1998
Item 8.g. - Page 3
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.
01-001 AND PLANNED UNIT DEVELOPMENT 01-001 (TIME
EXTENSION 18-008); APPLIED FOR BY CASTLEROCK
DEVELOPMENT CO.; LOCATED AT JAMES WAY AND LA
CANADA
WHEREAS, the City Council approved Vesting Tentative Tract Map No. 01-001 and
Planned Unit Development 01-001 (the “Project”) on January 27, 2009; and
WHEREAS, the map has remained active as a result of State Law; and
WHEREAS, the City Council has approved two (2) previous time extensions, extending the
expiration date to January 27, 2018; and
WHEREAS, the applicant filed Time Extension 18-008 on November 27, 2018, 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 18-008 on February 26, 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 17-006 for the final 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 01-
001 and Planned Unit Development No. 01-001 shall now expire on January 27, 2020.
Item 8.g. - 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 26th day of February, 2019.
Item 8.g. - Page 5
RESOLUTION NO.
PAGE 3
_______________________________________
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.g. - Page 6
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 18-008
VESTING TENTATIVE TRACT MAP NO. 01-001 AND
PLANNED UNIT DEVELOPMENT NO. 01-001
JAMES WAY AND LA CANADA (TRACT 1998)
This approval authorizes a one (1) year time extension for Vesting Tentative Tract Map
No. 01-001 and Planned Unit Development 01-001, which was originally approved by the
City Council on January 27, 2009.
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. 01-001 and Planned Unit Develop No. 01-001
shall expire on January 27, 2020 unless it is recorded prior to this date or another
means of 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. 01-001 and Planned Unit Develop No. 01-001.
Item 8.g. - Page 7
ATTACHMENT 1
Item 8.g. - Page 8
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