PC R 90-13165 �7=
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RFSOLUTI�1 N0. 90-1316
A RF�OL[TPION OF Ri� PLANNING OC�MISSI�I OF TEIE CITY OF
ARRUYO C�AI�E C�TPING A VARIANGE, ('A.SE NO. 90-150,
APPLIID FOR BY RIQ�Il�RD IAII�T LOCATID AT 1126, 1127 VARD
IA�IS LANE, 119, 104 Il�li� WAY AIm 169, 167 VARD IACMIS
QOiJRT AI.i�IING Ri� HEIC��T OF A W1AL�L TO F�CCC�II) Z�� ( 3)
F00►P FTAi.I. HEIC�IT ADJA�1"P TO � PUI3LIC RIC�1T OF i�Y AI�
ADOPTING A NF]C.ATIVE D�CLARATION.
W�S, the Planning Comnissioai of the City of Arroyo Grande has
considered Variance Application No. 90-150, filed by Richard Loew, for a variance
at 1126, 1127 Vard Loamis Lane, 119, 104 Ikeda Way and 169, 167 Vard Loanis Court
in the "R-1" Single Family Residential zone; and
Fg�FA3, the PlazuLing Carmission has held a public hearing an this
application in accordance with the City Code; and
Wf�ItFAS, the Planning Camussion has found that this project is consistent
with the General Plan and the Fhvironrnental docunents associated therewith; and
WFgRFAS, the project has been fownd to have no significant environrn�ntal
impact under the provisions of the Califomia Fnvironme.ntal Quality Act (CDQ�);
and
��32FAS, the Planning Cortmissio�► instructs the Secretary to file a Notice
of Deternnination; and
FgID2II�.S, the Planning Cam►issioal finds, after due study, deliberation and
public hearing, the following circ�a►Btances exist:
1. The granting of this variance will not be detrimental to other properties
because conditions of approval have been made a part of this project
requiring adequate sight distance design considerations.
2. There are exceptions or extraordinary circtanstances applicable to this
property because the subject properties have side and rear yards directly
adjacent to Huasna Road and lower than the road.
3. T'he strict applicatian of the R-1 zone does deprive such property of
privileges enjoyed by other properties in the vicinity or same zone
because without a 6 foot high wall the subject properties will be
subjected to higher noise levels and less privacy than other properties in
the same zone.
4. Z'he granting of the deviation is compatible with the objectives, policies
and general plan uses specified in the general plan:
NC�T, �E, SE IT RFS�LVID that the Planning Camussion of the City of
Arroyo Grande hereby approves said variance, subject to the standard conditions
of the City and those listed below:
General Corulitiaa�s
l. The applicant shall ascertain and cam�ly with all state, cotuity and city
requiresnents as are applicable to this project.
2. Development shall occur in substantial conforrnance with the information
presented to the Planning Carmission at the meeting of Dece�nber 4, 1990
and the plans 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 em�loyees because ot
the issuance of said approval, or in the alternative, to relinquish such
approval. 'I'he applicant shall reimburse the City, its agents, officers,
or employers, 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 actioaci but such
participation shall not relieve applicant of his/her obligations under
this condition.
5 8'
RF.90LUTION NO. 90-1 316
DF�C�ER 4, 1990
PA+GE ZWO
Plazming Depaz�tment Ca�ciitiaaLs
4. Development shall confornn with the R-1 zoning requiremeYits, unless
otherwise approved.
4a. Prior to final inspection, the applicant shall plant vines along the �wall .
Species of vine and spacing shall be determined by the Director of Parks
and Recreation.
4b. The design and materials shall be identical to the existing wall.
Public Works Department Coa�ditioa�s
5. Installation of block walls shall not im�pair sight distance as defin�d in
the State Standard, Topic 405.
6. Prior to further construction, the engineer shall sulxnit a detailed
engineering drawing showing corr�liance with condition ntunber 4 above.
Building Departm�t Co�ditioa�s
7. Wall must be designed by a structural or civil engineer. Existing
footings and block thickness may not support additional height without
special engineering design.
Parks and Recreatioal Departiment Canditioa�s
8. Existing trees shall be protected during canstructio� of the wall to the
satistaction of the Director ot Parks and Recreation.
On motion of Camussioner Gallagher, seco�ded by Carmissioazer Boggess, and
on the following roll call vote, to wit:
AYFS: Carmissioners Soto, Moore, Gallagher, Brandy, Souza, Boggess and
Chairn�an Carr
NO�F.S: None
AB.��1'P: None
the foregoing Resolution was passed and adopted this 4th day of DecemUer, 1�90.
ATl'EST:
` �" % ��t__-
Mary Ellen Leininqer � Robert W. Carr
Planning Catmissian Cle Chaizman
e
RF.SOLUTIO[J NO. 90-1316
A RE90LUTION OF � PLAI�iING OC�iISSION OF THE CITY OF
ARROYO C�E C�TPING A VARIANCE, Q�.SE NO. 90-150,
APPLIID FC)R BY RIQ�IlARD LOII�I I�pQ1TID AT 1126, 1127 VARD
IACMIS I�, 119, 104 I�� WAY AND 169, 167 VARD I�OCMIS
QOCJI�P ALLOWING � HEIC�iT OF A WALL TO FxC� Tf� (3)
F�OQ►P FTALL HEIQiT ADJAIC�N'P � 7HC PUBLIC RIC�IT OF WAY AI�
AD�PTING A NDC,ATIVE DDCLAi�TION.
� I
,� WF�i.S, the Planning Cannissi� of the City of Arroyo Grande has
considered Variance Application No. 90-150, filed by Richard Loew,for a variance
at 1126, 1127 Vard Loanis Lane, 119, 104 Ikeda Way and 169, 167 Vard Loomis Court
in the "R-1" Single Family Residential zone; and
FgIFRFAS, the Planning Cormiission has held a public hearing on this
application in accorciance with the City Code; and
WF�32FAS, the Planning Camussion has found that this project is consistent
with the General Plan and the Envirorimer►tal doc�xnents associated therewith; and
` f�IDtF.��S, the project has been found to have no significant environrnental
impact under the provisions of the California IIivironmental Quality Act (CF]Q�);
and
� FII�tF1�S, the Planning Comnissioai instructs the Secretary to file a Notice
of Determination; and
Fg�R�.S, the Planning Crnmissio� finds, after due study, deliberation and
public hearing, the following circ�xretances exist:
1. The granting of this variance will not be detrimental to other properties
because conditions of approval have been made a part of this project
requiring adequate sight distance design cansiderations.
2. There are exceptions�or extraordinary circu�rtstances applicable to this
property because the subject properties have side and rear yards directly
adjacent to Huasna Road and lower than the road.
3,• The strict applicatian of the R-1 zone does deprive such property of
privileges enjoyed by other properties in the vicinity or same zone
because without a 6 foot high wall the subject properties will be
subjected to higher noise levels and less privacy than other properties in
the same zone.
4. The granting of the deviatioai is ccx�atible with the objectives, policies
and general plan uses specified in the general plan.
NC�1. Tf�RF1�HtE, EE IT RE:90LVID that the Planning Camnission of the City of
Arroyo Grande hereby approves said variance, subject to the standard conditions
of the City and those listed below:
General Caand,itiaa�s
1. The applicant shall ascertain and car�ly with all state, county and city
requirerrients as are applicable to this project.
2. DeveloprnP.nt shall occur in substantial conforrnance with the information
presented to the Planning Ca�rrnission at the meetinq of December 4, 1990
and the plans rr►arked "Exhibit A".
3. The applicant shall agree to defend at his/her sole expense any action
brought against the City, its aqents, officers, or em�loyees 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 employers, for any court costs an�d 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 actiari but such
participation shall not relieve applicant of his/her obligations under
this condition.
�o
RE.90LUTION NO. 90-1 316
D�(�ER 4, 1990
PI�GE ZWO
Plarniing Department Caaxiitiaa�s
4. Developr�rent shall confornn with the R-1 zaning requirements, Lmless
otherwise approved.
4a.
4b.
Prior to final inspection,. the applicant shall plant vines along the wall .
Species of vine and spacing shall be determined by the Director of Parks
and Recreation,
The design and rreiterials shall be identical to the existing wall.
Public Works Department Ca�x�iitioa�s
5. Installation of block walls shall not im�pair sight distance as defined in
the State Standard, Topic 405.
6. Prior to further construction, the engineer shall su}xni.t a detailed
engineering drawing showing caripliance with condition nwnber 4 above.
Buildinc� De�partmen� Ca�ditians
7. Wall mnast be designed by a structural or civil engineer. Existing
footings and block thickness may not support additional fieight without
special engineering design.
Parks and Recreatioaz Department Coaiditians
8. Existing trees shall be protected during constructioai of the wall to the
satisfaction of the Director of Parks and Recreation.
On rrotion of Commissioner Gallagher, secoa�ded by Cormiissioner Boggess, and
on the following roll call vote, to wit:
AYES: Ccmnissioners Soto, Moore, Gallagher, Brandy, Souza, Boggess and
Chairrnan Carr
NOFS: None
AB.S�1'P: None
the foregoing Resolution was passed and adopted this 4th day of DecemUer, 1990.
A .
Mary Ellen Leininger
Planning Comnission rk
vU < ��
Robert W. Carr
Chairn�i
v
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