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PC R 15-2237RESOLUTION NO. 15 -2237 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE CASE NO. 15 -002; LOCATED AT 221 EAST BRANCH STREET; APPLIED FOR BY JAMES MURPHY WHEREAS, the applicant has filed Variance 15 -002 to deviate from the maximum 6' fence height allowance in the Village Core Downtown (VCD) zoning district at 221 East Branch Street; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance 15 -002 at a public hearing on October 6, 2015 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt per Section 15305 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings are made in an affirmative manner: \ /arianrra- 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 within the surrounding area; Strict interpretation of the six foot (6') tall fence maximum on the property line would result in a practical difficulty in that the existing retaining wail itself is over 6' feet tall and no fence height would be allowable for the subject property. Safety requirements dictate a minimum 42" of guard rail height for the grade difference; however this creates a hardship for privacy due to being less than 6' high. 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 subject property is unique in that it sits at least six feet (6') above a majority of the adjacent City -owned property and walkway. Other properties in the Village Core Downtown zoning district have grade differentiations but are not to the same extent as the subject property. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone; RESOLUTION NO. 15 -2237 PAGE 2 The strict interpretation of the six foot (6') tall fence maximum on the property line would deprive the property owner of privacy in the rear and side portion of the site given the grade difference between the subject property and the adjacent City -owned property and walkway and would additionally create safety concerns regarding guard rail height and separation from the existing retaining wall. 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; The granting of the Variance will not constitute a grant of special privilege due to the fact that unique topography and grade differences at the subject property and the adjacent City -owned property and walkway create a circumstance where an existing retaining wall at least six feet (6') high has been constructed and limits the construction of a new fence to provide privacy and safety for the subject property. 5. That 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; The granting of the Variance will result in enhanced public safety but allowing the construction of a fence of adequate height to act as a guard rail between the subject property and the adjacent City -owned property and walkway in addition to allowing the placement to be on top of the existing retaining wall rather than offset, thereby prohibiting pedestrians from walking on top of the existing retaining wall. 6. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code; The objectives and policies of the General Plan are implemented through the Municipal Code and the proposed project is consistent with the purpose and intent of the Variance provisions in the Municipal Code, which is to provide flexibility to allow adjustments to development standards to provide the property the same privileges enjoyed by other properties in the vicinity. 7. The granting of the requested variance will not result in the parking of vehicles on public streets in such a manner as to interfere with the free flow of traffic; The granting of the proposed Variance does not relate in any way to parking and therefore will not result in the parking of vehicles on public streets in such a manner as to interfere with the free flow of traffic. RESOLUTION NO. 15 -2237 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Variance 15 -002, with the above findings and subject to the conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. On motion by Commissioner Martin, seconded by Commissioner Mack, and by the following roll call vote, to wit: AYES: Martin, Mack, Fowler- Payne, Keen NOES: None ABSENT: George the foregoing Resolution was adopted this 6"' day of October, 2015. JOW KEEN VICE -CHAIR ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TE S McCLISH ZC MMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 15 -2237 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE 15 -002 221 EAST BRANCH STREET This approval authorizes the construction of a fence on top of an existing retaining wall not to exceed six feet (6') in height as measured from the project site at 221 East Branch Street. COMMUNITY DEVELOPMENT DEPARTMENT 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Variance 15 -002. 3. This Variance approval shall automatically expire on October 6, 2017 unless building permits are issued or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. The applicant shall agree to indemnify and defend at his /her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, 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. 5. Development shall conform to the Village Core Downtown (VCD) zoning requirements, except as otherwise allowed by this approval. 6. Development shall comply with the Secretary of the Interior Standards for the treatment of Historic properties. ARCHITECTURAL REVIEW COMMITTEE 7. The fence shall be up to six feet (6) in height at the shortest end of each fence section, as measured from the flower bed on the applicant's side, in areas where the existing retaining wall steps down and be allowed to maintain a level height. 8. Fence section 1 should have an open treatment on top, such as lattice, to allow openness and light, similar to existing fence detail on site. BUILDING AND LIFE SAFETY DIVISION 9. The project shall comply with current California Building and Fire Codes, as adopted by the City of Arroyo Grande, including structural calculations for the attachment of a fence to the existing retaining wall. RESOLUTION NO. 15 -2237 PAGE 5 10. Prior to installation of the fence, the applicant shall apply and be approved for a building permit. 11. Building plans shall include plans and calculations signed and stamped by a Registered Civil Engineer or Structural Engineer ENGINEERING DIVISION 12. The applicant shall provide a maintenance agreement to the City with provisions requiring the applicant to do the following: a. Maintain the new fence; b. Abate graffiti on the new fence; and c. Remove the fence upon written notification for retaining wall maintenance needs. 13. The applicant shall install lighting and warning strips on step nose in public walkway area due to the blocking of illumination resulting from fence installation.