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PC R 93-1449RESOLUTION NO. 93-1449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE AMENDING CONDITION OF APPROVAL NUMBER 16 FOR VARIANCE CASE NO. 93-175, APPLIED FOR BY ROBERT BARRON AT 1203 GRAND AVENUE WHEREAS, on July 20, 1993 the Planning Commission of the City of Arroyo Grande approved Variance Case No. 93-175, filed by Robert Barron, to allow for a variance from the requirement for a 15 foot landscaped street setback, subject to 21 conditions of approval; and WHER�AS, the applicant has applied for an amendment to condition of approval number 16; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with .the City Code; and WHEREAS, the Planning Commission has found that this amended project is consistent with the General Plan and tlie Environmental documents associated tlierewith; and WHER�AS, the Planning Commission has reviewed this amended project in compliance with the California Environmental Quality Act (CEQA) and has determined that the Negative Declaration with Mitigation Measures can be re-adopted, and instructs the Secretary to file a Notice of Determination; and � WI-IEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Compliance with condition of approval number 16 within the originally prescribed time period would result in unnecessary duplication of work and would not be fully effective in achieving tlie desired result of eliminating overhead clutter. 2. The proposed ►nodification to condition of approval number 16 is in compliance witl� the requirements of Chapter 9-15 of the Development Code. 3. The findings previously adopted for approval of the project are appropriate and are incorporated herein by reference. � • � � " � Resolution No. 93-1449 Amended Variance Case No. 93-175 Robert Barron December 7, 1993 Page Two NOW, TH�REFOR�, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said revised condition of approval number 16 as follows: 16. Prior to final occupancy, the applicant shall provide conduits and vaults as required per Pacific Beli specs for underground utilities along Grand Avenue and Elm Street project frontages. The applicant shall record an agreement to participate in tl�e future undergrounding of utilities along the soutlierly Grand Avenue frontage and westerly Elm street frontage as bounded by the Williams Bros. Shopping Center and/or post a bond with tlie city in an amount deterrnined by the Director of Public Works, using an apportioned formula taking into account costs incurred by tl�is project for vaults, to be adequate to allow the city to pay for apportioned undergrounding of about 6001inear feet of southerly Grand Avenue frontage and about 580 linear feet of westerly EI►n Street frontage bounded by the Williams Bros. Shopping Center plus any associated administrative costs. If utilities are not undergrounded within 3 years of final occupar�cy, the. bond may be renewed for an additional 3 years through Planning Commission approval, or the bond shall be forfeited to tl�e City and combined with apportioned fees from other projects for undergrounding of the blocks along Grand Avenue and Elm Streels. All bonds, agreemeilts and procedures shall be in conformance witfi Development Code Chapter 9-15. On motion of Cvmmissioner Tappan, seconded by Commissioner Keen, and on tlie following roll call vote, to wit: . AYES: Commissioners Tappan, Reilly, Deviny, Hatchett, Keen and Chair►nan Carr NOES: None . ... , ABSENT: Commissioner Soto tlie foregoing Resolution was passed and adopted tl�is 7ti1 day of Deceinber, 1993. AT TEST: ��: Nancy Brow Cornmission Clerk Robert W. Carr, Chairman � �