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PC R 93-14233 3�8 RESOLUTION NO. 93-1423 A RESOLUTION OF THE PLANNING COMM�SSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 93-175, APPLIED FOR BY ROBERT BARRON AT 1203 GRAND AVENUE, VARIANCE FROM THE REQUIREMENT FOR A 15 FOOT LANDSCAPED STREET SETBACK WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 93-175, filed by Robert Banon, to allow for a variance from the requirement for a 15 foot landscaped street setback; 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 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: 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 sunounding area. The strict or literal interpretation and enforcement of the side yard requirement would result in a redesign of the project that would not be as functional for the applicant or as consistent with the City's General Plan and the intent of the City's development standards. This would result in a practical difficulty and unnecessary hardship not shared by others in the surrounding area because other uses can more easily comply with the requirement, and other lots are larger. 2. There are exceptional or extraordinary circtimstances 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 small lot size and street corner location combined with the proposed use are exceptional circumstances that are only applicable to the proposed project. 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. Adjacent properties have been developed under previous regulations without providing as much landscaping as is proposed for this project. 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 health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed project will eliminate a dilapidated building, reduce the number of driveways on Grand Avenue, thus improving public safety, and generally improve the appearance of this intersection. 6. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. The variance allows construction that more closely conforms with the objectives and policies of the General Plan concerning building orientation and meets the intent of the Development Code with regard to providing landscaping for screening. I � � 33� Resolution No. 93-1423 Variance Case No. 93-175 Robert Barron July 20, 1993 Page Two Department of Fish and Game Required Findings of Exemption l. 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. 93-508. 2. Based on the initial study, a negative declaration 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 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 result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby approves said variance, subject to the standard conditions of the City and those conditions and mitigations listed below: General Conditions 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 July 20, 1995 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. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 20, 1993 and marked "Exhibit A". 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 employees, 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. 5. A negative declaration with mitigation measures has been adopted for this project. The following mitigations shall be implemented as conditions of approval and shall be� monitored by the appropriate City department or other responsible agency. The applicant shall be responsible for veriCcation in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures 6. The applicant shall provide for review and approval by the City Council, an individual water program which will propose measures to neutralize projected water demand less past usage for the project. Projected water demand less past usage is 1.8 acre-feet per year. Prior to issuance of building permits, the applicant shall: a) Implement a portion of the approved program that will neutralize 1.3 acre-feet per year; and 3 4. 0 Resolution No. 93-1423 Variance Case No. 93-175 Robert Barron July 20, 1993 Page Three b) Submit a bond, in an amount to be determined by the Director of Planning in consultation with the Director of Public Works, that will provide adequate funds to neutralize 0.5 acre-feet of water per year plus any possible administrative costs. After 15 months of operation, water records for the car wash shall be analyzed to determine actual water usage. If actual water usage is 1.7 acre-feet per year or less, the bond shall be refunded to the applicant. If actual water usage is greater than 1.7 acre- feet per year, the applicant shall implement the balance of the water neutralization plan required based on actual water usage. Implementation by applicant shall occur within 6 months of notification by the City that additional that additional neutralization is required or the bond shall be forfeited. Time Frame: Prior to issuance of Building Permits for neutralization plan and initial implementation, after 15 months of operation for water review, and within 6 months of notification for any final implementation. Responsible Department: Public Works Department for review and implementation of neutralization plan (including bond), Planning Department for review of water records. 7. Approximately one year after a certificate of occupancy has been issued for the facility, the Planning Commission shall review this Conditional Use Permit to ascertain if noise from the project is adversely impacting adjacent residential neighborhoods. If noise impacts are found, the applicant shall be financially responsible for any acoustical studies and/or mitigation measures required to offset project impacts. Time Frame: One year from issuance of a Certificate of Occupancy. Responsible Department: Planning Department Architectural Advisory Committee Conditions 8. Prior to issuance of building permits, working drawings shall be submitted to the Architectural Advisory Committee for review to ensure consistency with the conceptual plans. 9. If at any time, either access is lost to the adjacent shopping center parking lot, the perimeter landscaped strip shall be extended across that access to the public right-of-way. Planning Department Conditions 10. Development shall conform with the GC zoning requirements unless otherwise approved. 11. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 12. All ducts, meters, and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters and electric transformers be completely screened from public view. 13. Prior to final occupancy, the applicant shall remove existing sign poles, light poles, and other fixtures associated with the previous use of the site. Building Department Conditions 14. Prior to final occupancy, the applicant shall repair the existing retaining walls on the south and west property lines. 15. Prior to issuance of building permits, the applicant shall obtain necessary permits for: a. Work in the public right of way; b. Retaining walls; c. Grading; and d. Demolition of existing structures. Resolution No. 93-1423 Variance Case No. 93-175 Robert Barron July 20, 1993 Page Four (1) Tree staking, soil preparation and planting detail; (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvements. This includes: (a) Deep root planters shall be included in areas where trees are within 5' of asphalt or concrete surfaces and curbs; (b) Water conservation practices including the use of drip irrigation, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; (c) All slopes 2:1 or greater shall have jute mesh or equivalent material; Public Works Department Conditions 16. Prior to final occupancy, the applicant shall underground utilities along the Grand Avenue and Elm Street project frontages. If utilities are not undergrounded prior to final occupancy, the applicant shall post a cash bond with the city in an amount determined by the Director of Public Works to be adequate to allow the City to pay for undergrounding plus any associated administrative costs. If the utilities are not undergrounded within six months of final occupancy, the bond shall be forfeited to the City and the City shall use said bond for undergrounding. Parks and Recreation Department Conditions 17. All landscaping materials shall be planted according to the approved landscaping plan. 18. 19 The applicant shall maintain and replace when necessary all approved plantings. All Queen Palms shall be at least 6 feet high when planted. 20. Prior to issuance of building permits, the applicant shall submit a landscaping and automatic irrigation plan prepared by a licensed landscape architect subject to review and approval by the Planning, Police, and Pazks and Recreation Departments. The landscaping plan shall include the following: Police Department Conditions 21. All lights shall remain on after dark during posted operating hours. On motion of Commissioner Soto, seconded by Commissioner Tappan, and on the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Reilly, Hatchett, Keen and Chairman Carr NOFS: None ABSENT: Commissioner Deviny the foregoing Resolution was passed and adopted this 20th day of July, 1993. ATTEST: 4 Nancy Brown ommission Clerk Robert W. Carr, Chairman '3 4 �1