PC R 92-1400,
2 7� 9
RESOLUTION NO. 92-1400
A RESOLUTION OF THE PLANNING COMIVIISSION OF
THE CITY OF ARROYO GRANDE GRANTING A
VARIANCE, CASE NO. 92-172, APPLIED FOR BY WAYNE
MEADOWS/VARIETY MOTORS AT 319 AND 401 GRAND
AVENUE, VARIANCE FROM VARIOUS REQUIItF.MF.NTS
OF DEVELOPMENT CODE SECTIONS 9-11.050, 9-11.160
AND 9-11.200
W�IEREAS, the Planning Commission of the City of Anoyo Grande has considered
Variance Case No. 92-172, filed by Wayne Meadows, to allow for a variance from the following
requirements of the Development Code:
1.
2.
Section 9-11.050 A(3);
Section 9-11.160 E, limited to the following requirements:
a) Removal of canopies;
b) Removal of pump islands;
c) Removal of overhead doors;
d) Installation of required landscaping; and
e) Exterior remodeling.
3. Section 9-11.200 C, limited to the following requirements:
a) Entrances to individual service bays shall not face public rights-of-way or abutting
residential parcels;
b) All structures shall be constructed to achieve a minimum Standard Transmission
Coefficient (STC) sound rating of 45-50; and
c) All repair activities and operations shall be conducted entirely within an enclosed
building; 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 this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a Negative Declaration
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.
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. Specifically, the location of the property,
existing buildings on-site, the driveway configuration, and the general shape of the lot
limit the ability to apply certain Development Code requirements to the property.
3. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by owners of other properties classifierl in the
same zone. Specifically, the business owner would not be able to operate his proposed
business on the site. �
4. The gr�nting o�f�,the variance will not constitute a grant of special privilege inconsistent
with the limitakions 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.
•a
.
Resolution No. 92-1400
Variance Case No. 92-172
Wayne Meadows/Variety Motors
December 15, 1992
Page Two
6. The granting of a variance is consistent with the objectives and policies of the General
Plan and the intent of this title.
DEPARTMENT OF FISH AND GAME REQUIItED FINDINGS OF EXEMP'rION
1. The City of Arroyo Grande has prepared an inidal study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use
Permit Case No. 92-500 and Variance Case No. 92-172.
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 definerl 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
proj ect. .
NOW, THEREFORE, 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 December 15, 1994 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 the original date of expiration.
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of December 15, 1992 and marked "Exhibit A"
excepted as expressly modified herein. A Certificate of Occupancy shall not be issued
unkil all the improvements shown on Exhibit A and specified herein are completed.
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. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
-��,,,.��,.��th dr�ught tolerant landscaping and etcetera. All fixtures and designs shall be installetl
.�, , prior to .final occupancy.
�
Planning Department Conditions
6. Development shall conform with the HC zoning requirements unless otherwise approved.
2 8 `���
Resolution No. 92-1400
Variance Case No. 92-172
Wayne Meadows/Variety Motors
December 15, 1992
Page Three
7.
8.
�
All exisdng Taco Grande signs shall be removed prior to issuance of a Certificate of
Occupancy for the business.
Prior to issuance of a Cerkificate of Occupancy, the former fast food restaurant shall be
painted to match the exisdng car sales office.
All new business signage shall be subject to sign permit requirements as specifieti in
chapter 9-13 of the Development Code.
10. Development and operation of the auto dealership shall comply with the provisions of
Section 9-11.050 of the Development Code except as expressly waived through approval
of Variance Case number 92-172.
11. Operation of the vehicle repair facility shall comply with the provisions of Section 9-
11.200 of the Development Code except as expressly waived through approval of
Variance Case Number 92-172.
12. Prior to issuance of a Certificate of Occupancy, the paved area of both properties shall
be sealed and striped as shown on exhibit A, with the exceptions that: 1) The entry arrow
on the larger, center driveway will be identical to the entry arrow for the smaller
driveway. Instead of the single arrow, it will be a two pronged arrow that indicates
"Service" to the left and "Sales" to the right; and 2) The striped area in front of the
office will be delineated as the vehicle service drop-off parking space.
Architectural Advisory Committee Conditions
13. Plant materials shall be reviewed and approved by the Director of Parks and Recreation.
The AAC recommends that the plant materials in the pots include a small tree or upright
shrub with perennials planted around the base of the larger plant. �
Police Department Conditions
14. Prior to issuance of a Certificate of Occupancy, the applicant shall post signs, to the
approval of the Police Department, to deter parking in the unused driveway aprons.
On motion of Commissioner Tappan, seconded by Commissioner Carr, and on the following roll
call vote, to wit:
AYES: Commissioners Moore,
NOESs None
ABSENT: None
Tappan, Carr, Reilly, and Chairman Soto
the foregoing Resolution was passed and adopted this 15th day of December, 1992.
ATTEST:
Nancy Brov�, Commission Clerk
... �.•r, ,�.. � . � . . ,� �••�.r. , . .
; Chairman