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PC R 97-1605RESOLUTION NO. 97-1605 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 96-201, APPLIED FOR BY HORIZON MLTLTI-HOUSING, LLC, AT 222/224 SOUTH ELM STREET, VARIANCE REDUCTION OF REQUIItED PARKING SPACES V'VHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case ivo. 96-201, filed by Horizon Multi-Housing LLC, to allow for a reduction in the number of required parldng spaces; and ' , the Planning Commission has held a public hearing on this application in accordance with the City Code; and � , the Planning Commission has found that this project is consistent with the General 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: F'uidings (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 practical difficulty results from the poor site planning that would result from the design and construction of excess parldng spaces designated for residents that will remain vacant and' not used since few, if any, residents of the assisted care facility are able to drive. Better site planning and utilization of the pmperty will result from less off street parldng spaces which can be used for additional landscaping. 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 use is the nature of the aging population which is living longer and, as a result, becoming more frail, increasing the need for assisted care facilities. Senior residents in need of an assisted care facility are no longer able to drive. As a result, there are few, if any residents with automobiles. The lack of residents with cars substantially reduces the need for off street parking. These circumstances do not apply generally to other sites in the SR 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 an assisted care facility. Other pmperty owners in the same zoning district who are not developing assisted care facilities are able to meet development objectives because seniors in other housing may still drive and have cars and need the additional off street parking. Resolution No. 97-1605 Variance Case No. 96-201 Horizon Multi-Housing, LLC February 18, 1997 ' � ..' ` `�. Page 2 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 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 senior 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 the project will have 24 off street parking spaces which is ample to provide parldng for employees and visitors. Department of F'�sh and Game Required F'wdings: 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. 94- 187. 2. Based on the initial study, a negative declaration with mitigation measures was prepared for review by the public and 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 with mitigation measures and found that there is no substantial evidence of any significant adverse effect. NOW, THFREFORE, 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: 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 18, 1999 unless a building permit is issued and substandal construction is commenced and diligently pursued toward compledon, 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 18, 1997 and marked "Exhibit A". Resolution No. 97-1605 Variance Case No. 96-201 Horizon Multi-Housing, LLC February 18, 1997 Page 3 . 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 SR zoning requirements unless otherwise approved. 'This variance approves: a) A reduction in the number of required parldng spaces from 30 to 24 ,:� 7. The applicant shall comply with all the conditions of approval of Conditional Use Permit Case No. 96-548. ' This approval shall be null and void if Conditional Use Permit Case No. 96-548 is not approved or constructed. On motion by Commissioner Lubin, seconded by Commissioner Titus, and by the following roll call vote, to wit: AYFS: Commissioners Lubin, NOES: None ABSENT: None Titus, Deviny, Keen and Tappan the foregoing Resolution was adopted this 18th day of February, 1997. ATTEST: G � � ' e reese, Commission Clerk AS TO CONTENT: 4l� Doreen �� C�--- William Tappan, Chair Blanck, Community Development Director