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PC R 91-13491��2�5 RESOLUTION NO. 91-1349 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, APPROVING REVERSION TO ACREAGE CASE NO. 91-498 APPLIED FOR BY THE CARPENTER'S U1�TION/EARL PATTON AT 117 POOLE STREET, AND INSTRUCTING THE SECRETARY TO FII.E A NOTICE OF DETERII�IINATION WHEREAS, the Planning Commission of the City of Anoyo Grande has held a public hearing on Reversion to Acreage Case No. 91-498 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, The Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA) and has determined that a negative declaration can be adopted; and WHEREAS, said Reversion to Acreage Map was referred to the Planning Commission, by various City Departments and the Staff Advisory Committee; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed map and design of this subdivision are consistent with the general plan map and text because existing small parcels are being combined to create one larger parcel which will be used for commercial purposes. 2. This site is physically suitable for the proposed type and density of development because the lot size is being increased by the deletion of a lot line. This reversion to acreage will combine two existing substandard sized parcels into one parcel that meets the minimum lot size and area requirements of the Development Code. 3. 4. 5. � 7. The proposed subdivision design is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat. The proposed design of the subdivision or proposed improvements are not likely to cause public health problems. The proposed subdivision design will not conflict with public easements within or through the site. No dedications or offers of dedication are proposed to be vacated or abandoned as part of the reversion to acreage. All owners of an interest in the real property within the subdivision. have consented to the reversion. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby adopts a negative declaration, instructs the Secretary to file a Notice of Determination, and approves said Reversion to Acreage Map, subject to appropriate standard conditions of the City of Arroyo Grande, and the following special conditions: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October l, 1991 and marked "Exhibit A". 1�� 2 6 Resolution No. 1349 Carpenter's Union/Earl Patton October 1, 194.1 Page 2 ,. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. Planning Department Conditions 4. Development shall conform with the VC-D-2.4 zoning requirements unless otherwise approved. 5. The reversion to acreage map shall be recorded prior to recordation of the Lot Line Adj ustment. Public Works Department Conditions 6. The final Reversion to Acreage Map (Parcel Map) shall show the dedications for a six foot wide street tree and public utility easement on the Poole Street frontage. 7. Prior to recordation of the Reversion to Acreage Map, the applicant shall submit a Grading and Drainage Plan, prepared by a registered Civil engineer in the State of California, for review and approval of the City Engineer. All improvement water shall drain to the street. 8. Prior to recordation of the Reversion to Acreage Map the applicant shall replace any broken curb, gutter or sidewalk on Poole Street or provide a cash deposit for said replacement in the amount determined by the City Engineer. 9. Prior to recordation of the Reversion to Acreage Map, the applicant shall install a street light to PG&E standards, unless the City Engineer determines that a street light in this location is not necessary or desirable. On motion by Commissioner Soto, seconded by Commissioner Moore, and by the following roll call vote, to wit: AYFS: Commissioners Carr, Moore, Soto, Brandy, Souza and Chairman Gallagher NOES: None ABSENT: Commissioner Boggess the foregoing Resolution was adopted this lst day of October 1991. ATTEST: