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R 3000 . - nESOLUTION NO. 3000 A nESOLUTION OF THE CITY COUNCIL OF TIlE CITY OI? AnnOYO GnANDE GnANTING A V AnIANCE, CASE NO. 93-177, API'LlED FOR BY COASTAL CHRISTIAN SCHOOL AT 1220 FARROLL AVENUE, I?OR A VARIANCE FnOM THE REQUInEMENTTHAT A_TIME EXTENSION BE FILEI> 30 DAYS PRIOR TO EXPIRATION OF A PERMIT OR AI'PROVAL ANI> FROM TilE LIMIT ON LENGTH ANI> NUMBER OF TIME EXTENSIONS ALLOWEI> BY THE DEVELOPMENT CODE WIIEnEAS, the City Council of the City of Arroyo Grande has considered Variance Application No. 93-177, filed by Coastal Christian School, for a variance from the requirement that a time extension be filed 30 days prior to expiration of a permit or approval and from the limit on length and number of time extensions allowed by the Development Code at 1220 Pan-oil A venue, in the Public and Quasi-Public Facilities District; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WIIEREAS, the City Council has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration can lJe adopted, and instructs the Secretary to file a Notice of Determination; and WHlmEAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Varinnce Findings I. 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. Specifically, the project would be required to start over through the permitting process. 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 generally to other properties classified in the same zone. The applicant was aware of the procedure for applying for a time extension under the old zoning ordinance and complied with that procedure, however, the applicant was not aware that the Development Code had changed the procedure. . 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. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties c,lassified in the same zone. 5. The granting of the variance willnotlJe detrimental to the public health, safety or welfare, or materially il\iurious to properties or improvements in the vicinity. 6. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of this title. ()cparhncnt of Fish and Game Reqnired Findings: I. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Variance Case No. 93-177, Extension of Time for Conditional Use Permit Case No. 89-459. 2. Based on the initial study, a negative declaration was prepared for review by the public and review and approval by the City Conncil. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council 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. 1 Resolution No. 3000 - . Variance Case No. 93-177 Coastal Chdstian School August 24, 1993 Page Two' NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a negative declaration, Instructs the Secretary to file a Notice of Determination; and approves said variance, subject to the following conditions: Generlll Conditions 1. The applicant shall ascertaill and COmlJly with all State, County and City requirements as are applicable to this project. 2. This application shall be reviewed by the Planning Commission at the first regular meeting in July, 1998 and at five year intervals thereafter. 3. The applicant shall comply with all conditions of approval for CUP 89-459. 4. 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 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 action but such participation shall not relieve applicant of his/her obligations under this condition. Planning Department Conditions 5. Development shall conform with the PF zoning requirements unless otherwise approved. Fire Department Conditions 6. Both locations must comply with State Fire Marshal and State Building Code requirements related to handicap accessibility, emergency lighting, and construction. 7. Both locations shall obtain a Fire Department approved key vault. On motion of Council Member Burke , seconded by Council Member Souza , and on the following roll call vole, to wit: A YES: CO\lncil Members Burke, Souza, Brandy and Mayor Gallagher NOES: None ABSENT: None "" '''''0'''' R~,]o"oo W~ p.,,," ",," ''':~~g99J MATTHEW P. GALLA ATT)~ST: ~u:a.~ N NCY A. A VIS, CITY CLERK Al')'IWVE)) AS TO FORM: APPROVE)) AS TO CONTENT: ,J ., CITY ATTORNEY STIANSEN, CITY MAN AGER . r RESOLUTION NO. 3000 Page 3 I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Iillis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3000, is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 24th day of August, 1993. ,--~ WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2ndday of September, 1993. ~a. Q-n~ CI'l'Y CLERK - , i ! . ~ .