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R 3063 , -, 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: I . . 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. --- 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 . , 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 .