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PC R 94-1478IZESOLUTIUN NO. 94-1478 A RESOLUTION OF TII� PLANNIIVG COMMISSION OF T�I� CITY OF ARROYO GRAND� ADOPTING A NCGATIV� D�CLARATION, APPROVING REVERSION TO ACR�AGI: CASL NO. 94-519 APPLI�ll FOR BY P�OPLTS' SELF-1-I�LP IIOUSING CORPORATION AT 319 AND 351 SOUTII �LM STR�ET, AND INSTRUCTING THE S�CRCTARY TO rILL A NOTICE OF D�T�RMINATION VVIILRI:AS, lhe Planning Commission has held a public hearing on this Reversion to Acreage Case No. 94-519 in accordance with the Development Code of the City of Arroyo Grande: and WI the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WIIEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration with Mitigation Measures can be aciopted, and instructs the Secretary to file a Notice of Determination; and WII�REAS, said Reversion to Acreage Map was referred to lhe Planning Commission, by various City Departments and the Staff Advisory Committee; and WII�REAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. No dedications or offers of cledication will be vacated or abandoned as part of tl�e reversion to acreage. 2. All owners of an interest in the real property within the subclivision have consented to • the reversion. In this case, lhe only property owner is the applicant. Dep�rtn�ent of Fish a��d G�me Required l�iudings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 oE the Gt►idelines of the California Environmental Quality Act for Reversion to Acreage Case No. 94-519, Conditional Use Permit Case No. 94-522, and Variance Case No. 94- 185. 2. Based on the initial study, a negative declaration was prepared for review by the public an review and approval by lhe Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, tl�e Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of this project. Resolution No. 94-1478 Reversion to Acre�ge Case No. 94-519 Peoples' Self-IIelp I-Iousia�g Corporation 319 and 351 Soulh �l�n Street Ju1y 5, 1994 Page Two NOW, TI�1sR�FORE, B� IT RE,SOLV�D that the Planning Commission of the City of Arroyo Grande }�ereby adopts a negative declaration, instructs tl�e Secretary to file a Notice of Determination, and ap�roves said Reversion to Acreage Map, subject to appropriate standard conditions of the City of Arroyo Grande, and the following conditions: Gener�l Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on July 5, 1996 unless the Reversion to Acreage map is recorded. Prior to the expiration of the approvat, the applicant may apply to the Planning Commission for an extension of one (1) year from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 5, 1994 and marked "Exhibit A" and AG 94-053. 4. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers and employees, from any claim, action or proceeding brought within the time period provided for in Government Code Section 66499.37, against the City, its agents, officers or employees, to attack, set aside, void, or annul the City's approval of this subdivision. In order for this conclition to be effective, tlie Cily must promptly notify subdivider of any such claim, action or pr.oceeding and must cooperate fully in the defence thereof. Public �'Vorlcs Dep�rl.�nent Conditions 5. Prior to or concurrent with recordation of the reversion to acreage map, the applicant shall dedicate right of way for South Elm Street. pursuant tv the map recorded in Baok 1, Page 12 of Plan Line Maps. On motion of Commissioner Soto, seconded by Comrnissioner Tappan, and on the following roll call vole, to wit: AYES: Commissioners NOES: Norie ABSENT: Commissioner Tappan, Soto, Deviny, Keen and Chairman Carr Hatchett the foregoing Resolution was passed and adopted this Stli day of July, 1994. ATT�ST: Nancy Brow Commission Clerk Robert W. Carr, Chairman