R 3063
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RESOLUTION NO. 3063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE UPHOLDING AN APPEAL OF CONDITION OF APPROVAL
NUMBER 5 ON CONDITIONAL USE PERMIT CASE NO. 94-525,
APPLIED FOR BY DUANE ASHTON AND DON CHRISTIANSON, AT 106
WEST BRANCH STREET
WHEREAS, the City of Arroyo Grande has received an application from Duane Ashton
and Don Christianson at 106 West Branch Street for a conditional use permit to convert a second
level storage area to retail commercial use in the VC, Village Commercial District; and
WHEREAS, the Planning Commission of the City of Arroyo Grande held a duly noticed
public hearing on the project on November 1, 1994; and
WHEREAS, after due study, deliberation and public hearing, the Planning Commission
approved the application for said Conditional Use Permit Case No. 94-525; and
WHEREAS, Condition of Approval Number 5 of said conditional use permit requires
that "The applicant shall pay Transportation Facilities Development Impact Fees pursuant to
Ordinance 461 C.S. "; and
WHEREAS, Condition of Approval Number 5 was appealed to the City Council on
November 7, 1994 by Duane Ashton; and
WHEREAS, the Arroyo Grande City Council held duly noticed public hearings on the
aforementioned appeal on December 13, 1994 and January 10, 1995, at which time all interested
persons were given an opportunity to be heard; and
WHEREAS, after due study, deliberation and public hearing, the City Council makes
the following Findings of Fact:
1. There are special circumstances and project characteristics that will result in fewer traffic
impacts than are typical of other uses in the same land use category. Specifically, this
project allows expansion of an existing business into an upstairs area where primary
access is through the existing business. Expansion of the existing business or addition
of an identical business in the upstairs area will not result in significantly increased traffic
impacts.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande, California hereby upholds the appeal of condition of approval number 5 of Conditional
Use Permit Case No. 94-525 by amending said condition as follows:
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Resolution No. 3063
5. Prior to issuance of a business license for any business
occupying the second floor separate from and with a
different use than the business located on the lower floor of
the building located at 106 West Branch Street,
Transportation Development Impact Fees shall be paid for
the new business pursuant to Ordinance 461 C.S. and
subject to the appeal provisions contained therein.
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On motion of Council Member Brandy, seconded by Council Member Fuller , and
by the following roll call vote, to wit:
A YES: Council Members Brandy, Fuller, Souza and Mayor Dougall
NOES: None
ABSENT: Council Member lady
the foregoing Resolution was adopted this 10th day of January, ]995.
A. K. "PETE" DOUGAL, MAYOR
ATTEST:
d. ~
A VIS, CITY CLERK
, CITY A TIORNEY
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Resolution No. 3063
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande,
County of San Luis Obispo, State of California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 3063
is a true, full and correct copy of said Resolution passed and
~-' adopted at a regular meeting of said Council on the 10th day of
January, 1995.
WITNESS my hand and the Seal of the City of Arroyo Grande
affixed this 13th day of January , 1995.
AVIS, CITY CLERK
RROYO GRANDE
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