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PC R 94-1481ARESOLUTION NO. 94-1481A A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY Or ARROYO GRANDE GRANTING VARIANCE CASE NO. 94-186 FOR SITE DEVIATIONS 'TO CONSTRUCT A MINI-MART AND GAS STATION, APPLIED FOR BY KI-IATCHIIC Ii. ACHADJIAN, AT 525 TRAFFIC WAY; ADOPTION OF A NEGATIVE D�CLARATION WITIi MITIGATION MEASURES AND INSTRUCTION THAT TIIE S�CItETARY FILE A NOTICE UF DET�RMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 94-186, filed by Khatchik H. Achadjian, to allow a reduction of one parking space; to allow a recluction in the distance from tlie curb return to the driveway from 50 feet to 25 feet; and to allow the gas pump canopy to be detached from the main building; and WHER�AS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WIIEREAS, 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 finds, after due study, deliberation and public hearing, the following circumstances exist: l. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise sl�ared by others in the surrounding area. Specifically, the requirements to add one parking space, relocate tt�e driveway and attach the canopy would present practical difficulties due to the size, sl�ape and location of the lot, or would present unnecessary liardst�ip. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property ti�at do not apply generally to other properties classified in the same zone. Specifically the size, shape and location of the lot dictate the location of the driveways for this use and the number of parking spaces that can be provided. 3. The stri�t or literal interpretation and enforcement of the specified regulation woulcl deprive the applicant of privileges enjoyed by owners of other properties classified in tl�e same zone. 4. The granting of the variance will not constitute a grant of special privilege inconsislent with the limitations on other properties classified in the same zone. Resolution No. 94-1481 A Variance Case No. 94-186 Khatchik �I. Achadjian September 20, 1994 Page Two 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. The City Engineer has reviewed driveway locations and determined that they will not be detrimental to the public health, safety, or welfare. Detaching the canopy complies with building and fre codes that require the canopy to be detacheci for safety reasons. 6. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of this tille. 7. The granting of tl�e requested variance will not result in the parking of vehicles on public streets in such a manner as to interfere witli the free flow of traffic. Due to overlap in tlie uses on the site, adequate parking will be provided on-site. Department of Fisl� and Game Required Findings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 94-524, and Variance Case No. 94-186. 2. Based on the initial study, a negative declaration drafted for review by tfie public and review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering tl�e 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 cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a rPsult of development of t}iis project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Graride liereby adopts a negative declaration with mitigation measures; instructs tl�e Secretary tv file a Notice of Determination; and approves said variance, suUject to the standard conditions of tl�e City and tl�ose conditions listed below: General Conditious 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. This application shall automalically expire on September 20, 1996 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 dat� of expiration. Resolution No. 94-1481 A Variance Case No. 94-186 Khatchik II. Acl�adjian SeptemUer 20, 1994 Page Tl�ree 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of September 20, 1994 and marked "Exhibit A" except as modified by the conditions of approval. 4. The applicant shall agree to defend at his/lier sole expense any action brought against the City, its agents, officers, or employees because of tt�e issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, offtcers 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. . 5. The applicant shall comply with all conditions of approval of Coi�ditional Use Permit Case No. 94-524. On motion by Commissioner Soto, seconcied by Co►nmissioner Hacchett, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Carr, Deviny, Hatchett and Chairperson Keen NOES: None ABS�NT: None the foregoing Resolution was adopted this 20th day of September, 1994. ATTESI': ��lh�-+�n-. �_]_1�"C.i\� 1.�7'�_J Nancy Brc� �, Commission Clerk J Keen, >>rperson i �