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