PC R 92-13832�3
RESOLUTION NO. 92-1383
A R�SOLUTION OF THE PLANNING COMMISSION OF
TI�� CITY OT ARROYO GRANDE GRANTING A
VARIANCE, CASE NO. 92-165, APPLIED FOR BY PHILIP
STRAUSS AT 150 S. HALCYON ROAD, VARIANCE FOR
MINIlVIUM LOT WIDTI-I Or PARCEL 3 AND WIDTH OF
LANDSCAPED AREA IN FRONT Or D�NTAL OTFICE
WHER�AS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 92-165, filed by PlZilip Strauss, to allow for a reduction in the minimum lot
width of parcel.3 and �a reduction in the width of landscaped area in front of dental office; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHER�AS, 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 this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a Negative Declaration
can be adopted, and instructs the Secretary to file a Notice of Determination; and _
WHEREAS, the Planning Commission finds, after due study, deliberation ,and public
. ,
hearing, the following circumstances exist: �.
1. The strict or literal interpretation and enforcement of the specified regulation would result
in practical difficulty or unnecessary hardship not otherwise.:. shared by others in the
surrounding area.
Because proposed parcel 3 is located on a cul-de-sac, it does not meet the lot depth
requirements of the Development Code. To provide the required depth, siabstantial
portions of parcels 1 and 2 would have to become part of parcel 3, thus redacing the
commerc'ial viability of parcels 1 and 2. ` . ,
The variance from landscaping requirements between a parking area and a building is
required because the building is existing and handicapped parking requirements
necessitate parking being placed as close to the main entrance as possible.
2. 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 gennrally to
other properties classified in the same zone.'
The subject property is an in-fill lot located on the end of a cul-de-sac. Prop�sed lot
lines are shared with commercial parcels and the property has three different Zoning and
General Plan designations.
For the landscaping, the proposed dental office is to be located in an existing �uilding
with limited locations for handicapped parking.
3. ��The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by owners of other properties classified in the
same zone.
4.
5.
The granting of the variance will not constitute a grant of special privilege inco��sistent
with the limitations on other properties classified in the same zone.
The granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
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Resolution No. 92-1383
V�riance Case No. 92-165
Philip Strauss
September 15, 1992
Page Two
6. The granting of a variance is consistent with the objectives and policies of the General
Plan and the intent of this title. Specifically, the variance allows development of the
residential parcel in conformance with the Land Use Element of the General Plan.
NOW, THERETORE, BI; IT R�SOLVED that the Planning Commission of the City
of Arroyo Grande hereby approves said variance, subject to the standard conditions of the City
and those conditions and mitigations 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 September 15, 1992 and marked "Exhibit A".
3. The applicant shall agree to defend at his/her sole expense 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 ,nitigation 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. The developer shall be responsible
for verification in writing by the monitoring dep�rtment or agency that the
mitigation measures have Ueen implemented.
5. This tentative map approval shall automatically expire on September 15, 1994 unless the
parcel map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the
Development Code.
6. This Conditional Use Permit and Variance shall automatically expire on September 15,
1994 unless a building permit is issued and substantial construction is commenced and
diligently pursued toward completion, or a Certificate of Occupancy is issued. Thirty
(30) days prior to the expiration of the approval, the applicant may apply to the Planning
Commission for an extension of one (1) year from the original date of expiration.
7. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of September 1S, 1992 and marked "Exhibit 'A".
Exhibit B, the conceptual site plan is intended only as a guide for future development of
access and parking facilities. Any proposal for development of parcel 3 is subject to
review through the conditional use permit procedure.
Mitigation Measures
8. In the event that during grading, construction or development of the project, any
archaeological resources are uncovered, all work shall be halted until the city has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (549-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvement plans shall be noted to reflect this mitigation.
Time Frame: During grading, construction or development of the project.
Responsible Dep�i Building Department
Resolution No. 92-1383
Variance Case No. 92-165
Philip Strauss
September 15, 1992
Page Three
9. All new construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All water conserving designs and fixtures
shall be installed prior to final occupancy.
Time Fr�me: Prior to final occupancy
Responsible Depai-tment/Agency: Building Department
10. Prior to recordation of the parcel map, the developer shall enter into an agreement with
the City, in a form acceptable to the city attorney, whereby, the developer agrees, on
behalf of himself and his successors in interest, to pay the City a fee of Twenty Six
Thousand, Five Hundred, Sixty Dollars ($26,560.00), to be paid prior to issuance of
building permits to convert the residence to a dental office.
Time Frame: Prior to recordation of the parcel map and issuance of building
permits to convert the residence to a dental office.
Responsible Dep�rtmentJAgency: Public Works Deplrtment
Planning Department Conditions
11. Development shall conform with the General Commercial, Office Professional, and
Single Family zoning requirements unless otherwise approved.
12. Signage shall be subject to the requirements of Section 9-4.2407 of the Zoning
Ordinance.
13. Prior to issuance of a business license for Parcel 2 or building permits, three (3) sets of
revised plans shall be submitted to be reviewed and approved by the Planning
Department, P1rks and Recreation Department, Police Department, Public Works
Department, and Fire and Building Department as noted. The plans shall be revised to
include the following:
a. All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view with materials architecturally compatible with the main structure. It
is especially important that gas and electric meters and electric transformers be
completely screened from public view. All roof-mounted equipment which
generates noise, solid particles, odors, etcetera, shall cause the objectionable
material to be directed away from residential properties.
b. All walls, including screening and retaining walls, and the trash enclosure shall
be compatible with the approved project, subject to the review and approval of
the Planning Director.
c. An exterior lighting Plan subject to the review and approval of the Planning and
Police Departments which shall include the following:
(1) Cut-off luminaries shall be installed which will provide true 90 degree cut-
off and prevent projection of light above the horizontal from the lowest
point of the lamp or light emitting refractor or device.
. �2)
(3)
All fixtures shall use a flat, clear lens, energy-efficient light source.
All project lighting shall be confined to the project site.
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Resolution No. 92-1383
V�riance Case No. 92-165
Philip Strauss
September 15, 1992
Page Four
d. A landscaping and irrigation plan prepared by a licensed landscape architect
subject to review and approval by the Parks and Recreation and Planning
Departments. The landscaping plan shall include the following:
(1) Tree staking, soil preparation and planting detail;
(2) The use of landscaping to screen ground-mounted utility and mechanical
equipment;
(3) The required landscaping and improvements. This includes:
(a) Deep root planters shall be included in areas where trees are
within 5' of asphalt or concrete surfaces and curbs; and
(b) Water conservation practices including the use of drip irrigation,
mulch, gravel, drought tolerant plants and bark shall be
incorporated into the landscaping plan.
(c) A three foot high landscaped berm or wall shall be installed
between the street and the handicapped parking space.
e. The parking lot and landscaping shall be fully developed along the property line
between parcels 2 and 3 as shown on the conceptual site plan.
Public Works Department Conditions
14. Prior to recordation of the parcel map, the developer shall construct curb, gutter,
sidewalk, and conformance paving along the project's Wood Place frontage.
15. Prior to or concurrent with recordation of the parcel map, the developer shall dedicate
water rights within the subdivision to the City.
16. The applicant shall remove and replace any broken curb, gutter and sidewalk as required
by the City Engineer along the project's S. Halcyon Road frontage.
17. All public works improvements not installed prior to recordation of the parcel map shall
be bonded by the developer.
18. All parcels shall have City water and sewer services.
19. Prior to recordation of the parcel map, the applicant shall have prepared a grading and
drainage plan for review and approval of the City Engineer.
20. A registered civil engineer, licensed in the State of California shall assure that the
construction work conforms to the approved improvement plans and specifications, as
well as providing certified as-built plans after project completion, but prior to final
occupancy.
21. Any improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and shall be approved by the City Engineer prior to recordation of
the parcel map. Tmprovement plans shall include, but are not limited to, grading, street,
drainage, sewer, water, and appurtenant improvements. As required, the plan submittal
shall include construction cost estimates, plan check fees, soil reports, and all other
pertinent engineering design calculations.
22. "Standard Specifications for Public Works Construction", latest edition, and the latest
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted otherwise on the approved
improvement plans.
Resolution No. 92-1383
Variance Case No. 92-165
Philip Strauss
September 15, 1992
Page Five
.. . :,
23. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70
of the Uniform Building Code, and/or as recommended by the soils report with prior
review and approval of the City Engineer.
24. It is the contractor's responsibility to control dust and erosion throughout the construction
operation. This includes dust arising from the transport of grading materials to or from
the construction site. The developer or his agents or employees shall be responsible for
removal and clean-up of any spill on public streets during the construction operation.
25. Prior to recordation of the parcel map, the applicant shall pay applicable drainage fees
for the dental office. Prior to issuance of building permits the applicant shall pay
applicable drainage fees for other structures.
26. If deemed necessary and desirable by the Director of Public Works, any or all utilities
may be required to be run from Wood Place.
Building Department Conditions
27. Prior to issuance of any building permits, the applicant shall properly abandon all
nonconforming wells, tanks, pipes and other nonconforming appurtenances on the
property.
28. Prior to converting the residence for commercial use, an architect or engineer shall
address code compliance with commercial requirements (per the Uniform Building Code
and the Uniform Fire Code) for conversion of the existing structure.
Parks and Recreation Dep�rtment Conditions
29. Irrigation bubblers shall be installed with the project landscaping to water the street trees.
Fire Department Conditions
30. Prior to final occupancy, all future buildings and the building to be converted shall be
provided by the applicant, with external Fire Department approved key vaults.
31. Prior to issuance of building permits for the future buildings, the applicant shall redesign
the fire lanes to provide standard Fire Department approved turning radii and turn-
arounds. In lieu of turn-arounds, the applicant may install fire sprinklers in the future
buildings.
32. The applicant shall pay Fire Department impact fees of $750.00 per lot prior to grading
or recordation of the parcel map, whichever occurs first.
On motion of Commissioner Soto, seconded by Commissioner Carr, and on the fo�lowing
roll call vote, to wit: .
AYES: Commissioners Carr, Soto, Moore, Souza, Tappan and Chairman Brandy
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of September, 1992.
ATTEST:
Mona L. Prelesnik, Commission C erk
� �.
Drew �Brandy, Chairma �
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