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PC R 96-1595RESOLUTION NO. 96-1595 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERn�IINATION, AND APPROVING VARIANCE CASE NO. 96-200 FOR THE REDUCTION IN STREET SIDE YARD SETBACK FROM 15 FEET TO 0 FEET FOR THE ADDITION OF A PORTE COCHERE, APPLIED FOR BY NARESH PATEL, AT 611 EL CAT�TO REAL WHEREAS, the Planning Commission of the City of Anoyo Grande has considered Variance Case No. 96-200, filed by Naresh Patel, to reduce the street side yard setback in the General Commercial (GC) district from 15 feet to 0 feet for the addition of a porte cochere adjacent to Bell Street; 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 General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed the draft negative declaration under the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for the Implementation of CEQA; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Variance Findings: 1: The strict or literal interpretation and enforcement of the street side yard setback requirements for the General Commercial (GC) district would result in practical difficulty or unnecessary hardship not otherwise shared by other sites in the surrounding area. The site is fully developed with extensive improvements. The proposed location is the only area available on-site to expand the existing structure and create a covered entry-way, which the applicant has stated is necessary for the success and improvement of the business. 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 project site is its configuration. The site is triangular shaped and is bordered by three public streets. The shape of the lot combined with the number of street side yard setbacks creates greater limitations on the amount of buildable area located on the property. These circumstances do not generally apply to other sites in the GC zone. 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 street side yard setback requirement would deprive the site's owners of the ability to create a covered entryway for patrons of the motel. Resolution No. 96-1595 Variance Case No. 96-200 Econo Lodge December 17, 1996 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. Other properties in this zone do not share the same lot configuration constraints that are experienced by the subject property. 5. The grandng of the variance will not be detrimental to the public health, sa�ety or welfare, or materially injurious to properties or improvements in the area. The porte cochere is setback 95 feet from El Camino Real and the north, south, and west elevations of the structure are completely open, except for two supporting columns directly adjacent to Bell Street. In addition, there is a minimum of 12 feet of clearance beneath the roof structure. Therefore, the granting of the setback variance does not impact Fire Department access nor does it impair the sight distance of drivers entering the site from El Camino Real. 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 to encourage economic vitality and business activity, protect investments while preserving the environment and character of the City, because said porte cochere is important to the success of the business by creating a more pronounced entryway, which is not out of scale or character with the sunounding neighborhood. . Department of Fish and Game Required Findings: 1. The City of Anoyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Variance Case No. 96- 200. 2. Based on the initial study, a negative declaration has been drafted 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 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 adopts a negative declaratio�, i�structs the secretary to file a Notice of Determination, and approves Variance Case No. 96-200 with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. Resolution No. 96-1595 Variance Case No. 96-200 Econo Lodge December 17, 1996 Page 3 On motion by Commissioner Deviny, seconded by Commissioner Titus, and by the following roll call vote, to wit: AYES: Commissioners Deviny, Titus, Keen, Lubin and Tappan NOES: None ABSENT: None the foregoing Resoludon was adopted this 17th day of December, 1996. ATTEST: ci le Breese, Commission Clerk TO CONTENT: ��� M/ William Tappan, Chair Blanck, Community Development Director � Resolution No. 96-1595 GENERAL CONDITIONS ATTACffiVIENT "A" CONDITIONS OF APPROVAL VARIANCE CASE NO 96-200 Naresh Patel Econo Lodge 611 El Camino Real C0�1�IlVIUNITY DEVELOPMENT DEPARTMENT This approval authorizes a variance to reduce the $treet side yard setback from 15 feet to 0 feet to allow construction of a porte cochere. 1. The applicant sha�l 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 Conditional Use Permit Case No. 96-547. 3. This application shall automatically expire on December 17, 1998 unless a building permit ' is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 17, 1996 and marked Exhibit "A". 5. The applicant shall agree to 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 implem�ntation thereof, or in the alternattve, to relinquish such approval. The applicant sh911 reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers ar 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 shail not relieve applicant of his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform with the GC zoning requirements except as otherwise approved. � � -1-