PC R 95-1538RESOLUT'ION NO. 95-1538
A RESOLUTION OF TI�E PLANNING COMMISSION OF
TI-IE CITY OF ARROYO GRAND� ADOPTING A
NEGATIVE DECLARATION WITH MITIGATION
MEASURTS, AND INSTRUCTING THE SECRETARY TO
FILE A NOTICE OF D�T�RMINATION, AND APPROVING
VARIANCE CASE NO. 95-192, APPLI�D FOR BY ARLOMA
CORPORATION AT 2GG ASPEN STREET
WIIER�AS, tlie Planning Commission of tl�e City of Arroyo Grande has considered
Variance Case No. 95-192, filed by Arloma Corporation, for reduced development standards for
setbacks and standard size for a two car garage in the MF zone; and
WIiEREAS, the Planning Commission has held a public hearing on these applications
in accordance with City Code; and
WH�REAS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed the draft negative declaration and
mitigation measures under the provisions of the California Environmental Quality Act (CEQA);
and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
1. That the strict or literal interpretation and enforcement of the subject regulations would
result in practical difficulty or unnecessary hardship not otherwise shared by others with
the surrounding area. Due to the existing development on the property for Variance 95-
192, the configuration of the site design necessitates deviations from two development
standards. Strict or literal interpretation and enforcement of the specified regulations
would result in a practical difficulty not otherwise shared by otl�ers with the surrounding
area.
2. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to
other properties classified in the same zone. The property for Variance 95-192 is smaller
than what is currently required in the MF zone, to allow an additional subdivision or
dwelling unit. The applicants intend to develop the property similar tv that of other
properties in the same zone. In order to this, the applicants have received a density
bonus of 25 percent, in exchange for designating one of the houses as a low-income
dwelling unit. Other properties in t}ie same zone have not designated their property as
low-income housing. Therefore, the intended use of the property does not apply to other
properties classified in the same zone.
3. That strict or literal interpretation and enforcement of tlie specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties classified
in the same zone. With the increase in density allowed by the density bonus for this
project, tl�is property should be allowed to build two (2) dwelling units. Without a
variance from specific development standards (building setback and size of garage), the
applicant will not enjoy the privileges of other property owners in the same zone.
Resolution No. 95-1538
Variance Case No. 95-192
Arloma Corporation
266 Aspen Street
November 21, 1995
Page 2
4. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone. Other
properties in the same zone, with the same development potential do not have the site
design constraints of this property. Therefore, this Variance 95-192 will not grant a
special privilege inconsistent with the limitations on other properties in the same zone.
5. That the granting of Variance 95-192 will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity.
6. That the granting of a Variance 95-192 is consistent with the objectives and policies of
the General Plan and the intent of this Title.
7. The granting of the requested variance will not result in the parking of vehicles on public
streets in such as manner as to interfere with the free flow of traffic. The variance
request is to allow a smaller garage than required by the City, however it will not result
in the parking of vehicles on public streets in such as manner as to interfere with the free
flow of traffic.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts the negative declaration with mitigation measures, instructs the
Secretary to file a Notice of Determination and approves said variance, subject to the conditions
of approval listed below:
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of November 21, 1995 and. marked "Exhibit A".
3. The applicant shall agree to defend at his/her sole expea�se any action brought against the
City, its agents, officers, or employees 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 employees, for any court costs and attorney's fee's which the City,
its agents, officers or employees 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.
4. A negative declaration has been prepared for this project. Mitigation measures are listed
as conditions of approval. Said mitigation measures shall be implemented as conditions
of approval and shall be monitored by appropriate City departments and other responsible
agencies as indicated by the mitigation measures. 1fie developer shall be responsible
for veri�cAtion in writing by the monitoring department or agency that the
mitigation measures have been implemented.
Resolution No. 95-1538
Vari�nce Case No. 95-192
Arloma Corporatiou
266 Aspen Street
November 21, 1995
Page 3
5. Ttiis application shall automatically expire on November 21, 1997 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant
may apply for an extension of one (1) year from t1�e original date of expiration.
6. The applicant shall comply wit1� all conditions of approval for Tentative Parcel Map Case
No. 95-525 and Conditional Use Permit Case No. 95-539.
COMMUNITY DEV�LOPMENT DEPARTMCNT:
11. Prior to recordation of the Parcel Map, the applicants shall submit for review and
approval of tl�e City Attorney, a deed restriction which shall designate that the existing
dwelling unit on proposed Parcel 2 shall be offered for rent as a"low-income" housing
unit. The dwelling unit shall provide continued affordability to low-income residents
which shall not exceed rental rates above 30 percent of 60 percent of the area median
income, and the dwelling unit shall be a low-income dwelling unit for a minimum of 30
years or a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program or rental subsidy program. Said deed
restriction shall be recorded prior to or concurrently with the Parcel Map.
14 Development shall conform with the MF (Condominium/Townhouse) zoning
requirements unless otherwise approved.
On motion by Cornmissioner Lubin, seconded by Commissioner Beck, and by the
following roll call vote, to wit:
AYES: Commissioners Lubin, Beck, Carr and Keen
NOES: Commissioners Soto and Tappan
ABSENT: Commissioner Deviny
the foregoing Resolution was adopted tliis 21st day of November, 1995.
ATTFST:
� .
��
- cill Breese, Commission Clerk
AS TO CONTENT:
Doreen
Joh een, Ch ' erson
Blanck, Community Development Director