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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