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PC R 90-131351=.'. RF.9�IdlTIOM NO. 90-1313 A R�90I�lTION OF THE PI�AM�iING G�4IISSI�T OF Tf� CITY OF ARROYO �E ADUPTING A N�TIVE DE�CLARATIOI�1, APPROVING RF.1/F�tSION �O AQ�GE CASE NO. 90-494 APPLIID F�OR SY GdZAND C�ENPRAL S'I'ATI�i, A C�lLIFO�iIA GII�II2AL PARTNEI2.S[iIP, AT 100 BARNEIT S°rREE.T, AND INSPR[JGTING Tf� �ETpIRY � �"ZV FILE A NOTICE OF n�TNATI�T �F1�lS, the Planning CoQmtission of the City of .Arroyo .Grande has held a public hearing on Reversion to Acreage Case No. 90-494 in accordance with Chapter 3 of the Subdivision Ordinance of the City of Arroyo Grande; and WI�EAS, the Planning Co�mission has found that this project is consistent with the General Plan�and the Ehvironmental. Docwnents.associated therewith; and � - .. _. _-. _ -. . � WI�tFAS, The Planning Co�mission has reviewed the project in coa�rpliance with the Ca1'ifornia �vironmental Quality Act (CEQA) and has.determined that a negative�declar-ation can be.adopted;. and = -� WI�FAS, said Reversion to Acreage Map was referred to the Planning Comnission, by various City Departments and _the Staff Advisory Cotttnittee; and WI�2EAS, the Planning CoQmussion finds, after due study, deliberation and public hearing, the following circw�stances 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 carnbin� to create one 1.4 acre_parcel which will be used for conmercial 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 two lot lines which will a�lso eliminate an�existing substandard sized parcel. 3. The proposed subdivision design is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat. 4. The proposed design of the subdivision or proposed improveqnents are not likely to cause pulilic health proble�. ._ 5. The proposed subdivision design will not conflict with public easeqnents within or through the site because a condition of approval has been added to the project requiring all water, and utility ease�nents to be shown on the final reversion to acreage map. N(�1, �E, SE IT RE90LVED that the Planning CoQmLission of the City of Arroyo 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 Co�d.itio�s 1. The applicant shall ascertain and ccnnply with all State, County and City requirements as are applicable to this project. 2. Development shall occur in substantial conforn�ance with the plans presented to the Planning Ccnmussion at the meeting of November 6, 1990 and marked "Exhibit A". 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or er�rployees 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 e�loyers, for any court costs and attorney's fee's which the City, its agents, officers or eqnployees 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. S 2` Resolutia� No. 90-1313 Page 2 - planni ng Departme�it Cond.itioa�s 4. Development shall conform with.the C-3 zoning require9nents unless otherwise approved. 5. Prior to recordation of the parcel map for reversion to acreage, the applicant shall reqnove the non-conforming pole sign(s) located near the northern frontage of the property, as necessary for roadway irnprove�ents.. - Public Works Departm�t Cariditioa�s 6. The parcel map for reversion to acreage shall show the dedications for widening of Barnett Street and the easeqnents for relocation of the water line and public utilities. 7. Prior to issuance of building permits, all public improve7rient plans shall be approved by the Director of Public Works and constructed or bonded. 8. Parcel 3 must be shown to be a legal parcel prior to recordatian.of the final reversion to acreage map. 9. Any work done in the Caltrans right of way shall have a permit and approval fram Caltrans. On motion by Co�mussioner Gallagher, seconded by Carmnissioner Souza, and by the following roll call vote, to wit: AyF.S: Co�mLissioners Brandy, Gallagher, Souza, Boggess and Chairman Carr - - DtOES : None . - A&SF�1'p: Cwmussioners Moore and Soto the foregoing Resolution was adopted this 6th day of November, 1990. A T: � ` [,/� Pearl L. Phinney Robert W. Carr . Planning Co�Ymission Secretary Chairr�z r 2