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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