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PC R 93-1448RESOLUTION NO. 93-1448 A RE,SOLUTION OF TH� PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE AMENDING CONDITION OT APPROVAL NUMBER 16 FOR CONDITIONAL USE PERMIT CASE NO. 93-508 APPLIED TOR BY ROBERT BARRON AT 1203 GRAND AVEI�TUE; RE- ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION WHEREAS, on July 20, 1993 the Planning Commission of the City of Arroyo Grande approved Conditional Use Permit Case No. 93-508, filed by Robert Barron, to construct a self- service car wash, in the General Commercial Zone, subject to 21 conditions of approval; and WHEREAS, tl�e applicant t�as applied for an amendment to condition of approval number 16; and ' WH�REAS, the Planning Commission has held a public hearing on this appl'ication in accordance with the City Code; and WH�REAS, the Planning Commission has found that this amended project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, tl�e Planning Commission iias reviewed this amended project in compliance with the California Environmental Quality Act (CEQA) and llas determined that the Negative Declaration with Mitigation Measures can be re-adopted, and instructs the Secretary to file a Notice of Determination; and ' WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Compliance with condition of approval number 16 within lhe originally prescribed time period would result in unnecessary duplication of work and would not be fully effective in achieving the desired result of eliminating overhead clutter. 2. The proposed modification to condition of approval number 16 is in compliance with the requirements of Chapter 9-15 of the Development Code. 3. The findings previously adopted for approval of the project are appropriate and are incorporated herein by reference. Resolution No. 93-1448 Amended Condit.ion�l Use Permit Case No. 93-508 Robec-t Barron December 7, 1993 Page Two NOW, THEREFORE, BE IT R�,SOLVED that the Planning Co►nmission of the City of Arroyo Grande f�ereby approves said revised condition of approval number 16 as follows: 16. Prior to final occupancy, tl�e applicant shall provide conduits and vaults as required per Pacific Bell specs for underground utilities along Grand Avenue and Elm Street project frontages. The applicant s1ia11 record an agreement to participate in tl�e future undergrounding of utilities along tl�e southerly Grand Avenue frontage and westerly Elm street frontage as Uounded by the Williams Bros. Shopping Center and/or post a bond with the city in an amount determined by the Director of Public Works, using an apportioned formula taking into account costs incurred by this project for vaults, to be adequate to allow the city tv pay for apportioned undergrounding of about 6001inear feet of southerly Grand Avenue frontage and about 580 linear feet of westerly Elm Street frontage bounded by the Williams Bros. Shopping Center plus any associated administrative costs. If utilities are not undergrounded witliin 3 years of final occupancy, the bond may be renewed for an additional 3 years through Planning Commission approval, or the bond shall be forfeited to the City and combined with apportioned fees from other projects for undergrow�ding of the blocks along Grand Avenue and Elm Streets. All bonds, agreements and procedures sl�all be in conformance wilf� Development Code Chapter 9-15. On motion of Commissioner Tappan, seconded by Commissioner Hatcl�ett, and on tl�e following roll call vote, to wit: . AYES: Commissioners Tappan, Reilly, Deviny, Hatchett, Keen and Chairinan Carr NOFS: None ABSENT: Commissioner Soto the foregoing Resolution was passed and adopted tl�is 7tt� day of December, 1993. ATTTST: < Nancy Bro , Commission Clerk Robert W. Carr, Chairman � U ATTAC��VIVIEEN'f "C" RE'SOLUTION NO. 93-1448 A R£SOLUTION OF Z'FIE PLANNING COMl12ISSI0N Or TII� CITY OF ARROYO GRANDE �1.M�NDING CONDITION OT APPItOVAL NUMBER 16 FOR CONDITIONAL USE PERM�T CAST NO. 93-508 APPI,IED FOR BY ROB�RT BARRON AT IZU3 GRAND A VENUL; R� ADOI'T A N�GATIV�DTCLARATION WITIi n�ITIGATION MEASUR�,S AND INSTRUCTION TIiAT TFIE S�CRETARY FILL A NOTICE OF DE'r�RMINATION V4'IIEREAS, on July 20, 1993 lhe Planning Commission of the City of Arroyo Grande approved Conditional Use Permit Case No. 93-508, filed .by Roberl Barron, lo corzstruct a self- sen�ic� car wasti, in tiie General Commercial Zoi�e, subject to 21 conciitions of approvat; and �'F'II�REAS, the applicant has applied [or an amendmenl to condition of approval nur��ber 16; and VS'IIEREAS, the Planning Commission has held a pt�blic hearing on this appIication in accordance with the City Code; and �'�'II�REAS, [he Planning Commission has found that this amended project is consistent a�ith the Generai Plan and the Environmental documents associaled therewith; and VYFi�REr�S, the Planning Commission has reviewed this amended project in compiiance with the California Environmental Quality Act (CEQA) and has determined that the Negative Declaration with Mitigalion ivleasures can be re-adopted, and inslructs the Secretary to fife a Nolice of Determiriation; and 'VVI�ER��S, lhe Planning Commission fincls, after due study, d�liberalion ancl pu�lie hearing, the tollowit�g circumstances exist: 1. Compiiance with condilion of approva! number 16 within the origiizally prescribed liine per�od would result in irnnecessary ciuplication of work and would not be fully effective in achieving lhe desired res�ill of eIimiiTaling overhead clutter. 2• The proposed mociification to cvndilion of aPproval number l6 is in compiiance wilh the requiremenls of Cl�apter 9-15 of tt�e Development Code. 3. The findings Previously adopted for approval of the project are appropria(e and are incorporalecl t�erein by reterer�ce. Resoliitioii No. 93-1448 Anieiided Coiidif.ionnl Use P er•iiiil C�se No. 93 RoUert Barrou Decei�iber 7, 1993 Pzge� Tivo NOW, TII�R�FORE, uE IT RrSOLV�D that lhe Planning Commission of lhe City of Arroyo Grande tiereby approves said revised condilion of approval number I6 as foIlows: 16. Prior to Final occupancy, lhe applicant shall provide co��duits and vaulls as req«irecJ per Pacific IIell s��ecs for tindergrouiid utiIities along Grand Avenue and E[m Street project froc�tages. Tt�e appiicant si�all recvrd an agreement to participale ic� Ll�e future undergrounding of utiJilies along ll�e soulherly Grand Avenue fronlage and weslerIy Elm street frontage as bounded by lhe Wiltiams IIros. Shopping Center and/or posl a �ond with the city in an amount determined by lhe Director of I'ublic Works, using an apportioned Corrnula taking into accounl costs incurred by lhis project tor vaulls, to be adequate to allow the city lo pay Cor apporlioned ur�dergrounding of about 600 Iineac feet of soulherly Grand Aveiiue frontage and about 580 Iir�ear feel of westerly Elm Slreet frontage bounded by the Williams nros. Shopping Center plus any associaled administrative costs. If ulililies are not undergrounded wilhin 3 years of CnaI occupancy, the bond may be renewed for an additional 3 years through Planning Conunission approval, or lhe bond sliali be forfeited to the Cily and combined with apportioned fees from other projects For undergrounding of the biocks along Grand Avenue and Elm Streets. All bonds, agreemenls and procedures shall be ici confonnance willi Development Code Chapler 9-15. On motion of Com�nissioner TapJ�an, seconded l�y Commissioner Hatchett, and on the folfowing roll cail vote, to wit: . AI'�S: Conui�issioners 'I'appan, Reilly, lleviny, Halciietl, Keen and Cl►airman Carr NOrS: Norie ABSEN"T: Commissioner Solo the toregoing Resolution was passecl and ac�opted this 7th day of De�ember, 1993. ATI'rS'I': , Nancy IIro i, Comn�ission Clerk Robert W. Carr, Chainnan