PC R 98-1651RESOLUTION NO. 98-1651
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE GRANTING A VARIANCE,
CASE NO. 97-206, APPLIED FOR BY JUNIPER STREET
ASSOCIATES, A PEOPLES' SELF-HELP HOUSING
CORPORATION, AT 119 JUNIPER STREET, VARIANCE
FOR OPEN PARKING AS OPPOSED TO COVERED PARKING
AND REDUCTION OF REQUIRED PARKING SPACES
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 97-206, filed by Juniper Street Associates, A Peoples' Seff-Help
Housing Corporation, to allow for open parking rather than covered parking, and for a
reduction in the number of required parking spaces; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
Generaf 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 with Mitigation Measures 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:
Findings (Provided by the Applicant)
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. The hardship of a reduced affordable unit
count is not shared by other sites in the area in that other sites are not also
being developed by a non-profit developer of affordable housing using public
funds.
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 exceptional or
extraordinary circumstance applicable to the proposed project site is its
identifiication as an appropriately located and available site for affordable
housing. These circumstances do not apply generally to other sites in the MF
zoning district.
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. A strict or literal interpretation of parking
requirements would deprive the site's owners of the ability to develop 14
Resolution No. 98-1651
Variance Case No. 97-206
Peoples' Self-Help Housing Corporation
119 Juniper Street
February 17, 1998
Page 2 of 4
affordable housing units. Other property owners in the same zoning district
who are not developing affordable housing are able to meet development
objectives by making the market bear the effects of a lower unit count.
4. 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 a variance will not constitute a grant of special privilege
because it is specific to the affordable nature of the proposed development.
5. 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.
6. The granting of a variance is consistent with the objectives and policies of the
General Plan and the intent of the Development Code which are supportive of
the provision of affordable housing in Arroyo Grande.
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
because statistics show that the proposed two parking spaces per unit is
adequate parking for this type of project and because the new curb, gutter, and
sidewalk to be installed with this project will provide for orderly parallel parking
off site.
Department of Fish and Game Required Findings:
1. 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. 97-206.
2. Based on the initial study, a negative declaration was prepared for review by
the public an review and approval by the Planning Commission.
3. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the Planning Commission 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.
NOW, THEREFORE, BE IT RESOLVED 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:
Resolution No. 98-1651
Variance Case No. 97-206
Peoples' Self-Heip Housing Corporation
119 Juniper Street
February 17, 1998
Page 3 of 4
General Conditions
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. This application shall automatically expire on February 17, 2000 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.
3. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of February 17, 1998 and marked
"Exhibit A".
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 MF zoning requirements unless otherwise
approved. This variance approves:
a) A reduction in the number of required parking spaces from 39 to 28;
b) The elimination of the requirement fo� covered parking;
L
7.
The applicant shall comply with all the conditions of approval of Conditional
Use Permit Case No. 97-561.
This approval shall be null and void if Conditional Use Permit Case No. 97-561
is not approved or constructed.
On motion of Commissioner Greene, seconded by Commissioner 0'Donnell, and on
the following roll call vote, to wit:
AYES: Commissioners Greene, Odonnell, Rondeau and Haney
NOES: None
ABSENT: Commissioner Lubin
Resolution No. 98-1651
Variance Case No. 97-206
Peopies' Self-Help Housing Corporation
119 Juniper Street
February 17, 1998
Page 4 of 4
the foregoing Resolution was passed and adopted this 17th day of February, 1998.
ATTEST:
. � �
Pearl L. Phinney, Commission lerk
AS TO CONTENT:
�
Doreen Liberto-Blanck, AICP
Community Development Director