PC R 94-1479R�SOLUTION NO. 94-1479
A R�SOLUTION OF TI-IC PLANNING COMMISSION OT
TIIE CITY OF ARROYO CRANDE GRANTING A
VARIANC�, CASE NO. 94-185, APPLIED FOR BY
PEOPLTS' SCLF-II�LP IiOUSING CORPORATION, AT 319
AND 351 �LM STR�ET, VARIANCE TOR PARKING AND
FOR FENCE HEIGIIT
WHER�AS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 94-185, filed by Peoples' Self-Help Housing Corporation, to allow for open
parking ratiier than covered parking, for a single access to the parking lot, for a reduction in the
number of required parking spaces, and� for fence height; and
W�I�R�AS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WfIER�AS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated lherewith; and
WHCR�AS, the Planning Commission has reviewed this project in compliance with the
California Environmenlal Quality Act (CEQA) and has determined lhat a Negative Declaration
witli Mitigation Measures can be adopted, and instructs tl�e Secretary to file a Notice of
Delermination; and
W�-IER�AS, the Planning Commission finds, after clue study, deliberation and public
hearing, the following circumstances exist:
1. The strict or literal interpretation and enforcement of tl�e specified regulation would result
in practical difficulty or unnecessary hardship not otherwise shared by others in the
surrounding area.
2. Tliere are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the inlended use of the property that do not apply generally to
other properties classified in lhe same 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 i►i tlie
same zone.
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.
5. The granting of the variance will not be detrimental to the public heallh, 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 this title.
Resolution No. 94-1479
Vari�nce Case No. 94-185
Peoples' Self-I-Ielp Iiousing Corpor�tiou
319 and 351 Souih Elm Street
July 5, 1994
Page Two
7. Tf�e granting of tl�e requested variance will not result in tl�e parking of ve}�icles on public
streets in such a manner as to interfere with the free flow of traffic.
llep���t�nent of rish �nd Game Required Tindings:
1. The City of Arroyo Grande I�as prepared an initial study pursuant to Section 15063 of the
Guidelines of the California Environmental Quality Act for Reversion to Acreage Case
No. 94-519, Conditional Use Permit Case No. 94-522, and Variance Case No. 94-185.
2. Based on tl�e 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, tl�e Planning Cornmission adopted tl�e negative declaration and found
that there is no substantial eviclence 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, TIICR�rORE, I31: IT RCSOLVL'D lhat 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 miligations listed below:
Gener�l Condilions
1. The applicant shall ascertain and comply with all State, County and City requirements as
are applicable to tl�is project.
2. This application shall autornatically expire on July 5, 1996 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 tlie original date of expiration.
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeling of July 5, 1994 and marked "Exhibit A" and
"Exhibit B". Exhibit B shall take precedence in the event of a conflict between the two
exhiUits.
4. The applicant shall agree to deCend at his/her sole expense any action brought against the
City, its agents, offcers, or employees because of the issuance of said approval, or in the
alternative, to relinquish such ap�roval. 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 discrelion, �arlicipate 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.
Resolution No. 94-1479
Vari�uce C�se No. 94-185
Peoples' Self Housing Corporation
319 and 351 Soulli Elm Street
July 5, 1994
P�ge Tl�ree
Ylanning Department Conditions
6. llevelopment shall conform with tfie SR zoning requirements unless otherwise approved.
Tt�is variance approves:
a)
b)
c)
d)
A reduction in tl�e number of required parking spaces from 44 to 30;
The elimination of the requirement for covered parking;
The elimination of the requirement for a separate entrance and exit from the
parking lot; and
A maximum fence height of eight (8) feet as measured from the lowest point.
7. If tliis project is ever converted to market rate housing or if it is no longer restricted to
low income seniors or the handicapped, the full number of parking spaces shall be
provided as sl�own on Exl�ibit "A".
On motion of Commissioner Soto, seconded by Commissioner Deviny, and on the following roll
call vote, to wit: -
AYES: Commissioners Tappan, Soto, Deviny, Keen and Cl�airman Carr
NO�S: None
AI�S�N1 Commissioner Hatchett
lhe foregoing Resolution was passed and adopted this Sth day of July, 1994.
ATTEST:
`�\ . G �,�
zi�
Nancy IIrow , ommission Clerk Robert W. Carr, Cl airman
�