PC R 92-13992�7�'6
RESOLUTION NO. 92-1399
A RESOLUTION OF THE PLANNING CONIlVIISSION OF
THE CITY OF ARROYO GRANDE GRANTING A
VARIANCE, CASE NO. 92-167, APPLIED FOR BY DAVID
HAYERTZ AT 154 AND 200 TRAFFIC WAY, VARIANCE
FROM 1VIINIMUM LOT WIDT'H AND LOT AREA
RF.QUIREMENTS FOR PARCEL 1
WHEREAS, the Planning Commission of the City of Anoyo Grande has considered
Variance Case No. 92-167, filed by David Hayertz, to allow for a reduction in the minimum lot
width and a reduction in the lot azea requirement of the Development Code for proposed parcel
1 of tentative parcel map AG-92-066; 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 tfiat 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
he.aring, the following circumstances exist:
1. The strict or literal interpretation and enforcement of the regulations pertaining to
General Commercial property in the City of Anoyo Grande Development Code would
pose a hardship not otherwise shared by others within the surrounding area. A majority
of the parcels along Traffic Way and Bridge Street from Poole To Cherry, particularly
in the General Commercial zone, do not comply with the cunent development standards,
in regards to parcel width (80').
2. There are exceptional circumstances applicable to the property that do not apply generally
to other properties in the same zoning district. The building on proposed Parcel 1 was
build in 1929. It was used as an office by Dr. Cookson who subsequently became the
founder of� Arroyo Grande Hospital. The building was used as a temporary hospital
structure for about a year until the hospital was constructed. Several Arroyo Grande
residents were born in the old building. The building, which still houses a doctor's
office has historical and architectural significance to the City of Arroyo Grande and
should be preserved. The separation of the two buildings by parcel map will
significantly reduce the chances that the historical building will be torn down in favor of
a larger development.
3. The strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties classifierl
in the same zone. A majority of the parcels along Traffic Way and Bridge Street from
Poole to Cherry, particularly in the General Commercial zone, do not comply with the
current development standards, in regards to parcel width (80'). Granting of the variance
will enhance the possibility that the sprinkler building would be developed into a project
that is more in keeping with the village guidelines.
4. The granting of the variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties nearby because of the existing lack of width of
nearby properties and their size.
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
improv�merrts the property already exist and their effect on the public health, safety
or welfa�e to properties or improvements in the vicinity will not be detrimental.
Presendy� there is no incentive to develop the sprinkler building into a more attrackive
structure that more closely fits the City's development standards.
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Resolution No. 92-1399
Variance Case No. 92-167
David Hayertz
December 15, 1992
Page Two
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The granting of a Variance is consistent with the objectives and policies of the General
Plan and the intent of the Development Code. If granted, each property will stand alone
to qualify for Anoyo Grande City General Plan and Development Code parking
rec�uirements, driveways and setbacks.
Department of Fish and Game Required Findings
1. The City of Anoyo Grande has preparerl an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act (CEQA), for Tentative Parcel
Map Case No. 92-505 and Variance Case No. 92-167.
2. Based on the initial study, a negative declaration was 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 RFSOLVED that the Planning Commission of the City
of Anoyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice
of Determination; and approves said variance, subject to the standard conditions of the City and
those conditions 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. 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".
3. The applicant shall agree to defend at his/her own expense any action brought against the
City, its agents, officers, or employees because of the issuance of this approval, or in the
alternative, to relinquish 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 acdon. The
City may, at its sole discretion, participate at its own expense in the defense of any
action but such participation shall not relieve the applicant of his/her obligations under
this condition.
4. All construction shall udlize 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 hot water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed
prior to occupancy.
5. This application shall automatically expire on December 15, 1994 unless the pazcel map
is recorded. Thirty (30) days prior to expiration of the approval, the applicant may apply
to the Planning Commission for an extension of one (1) year from the original date of
�; , ��<�expira,tionr� .
, . . . . �. . .
Planning Department Conditions
6. Development shall conform with the GC D-2.11 zoning requirements unless otherwise
approved.
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Resolution No. 92-1399
Variance Case No. 92-167
David Hayertz
December 15, 1992
Page Three
7. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code.
All banners shall be removed from the fence of proposed parcel 2 prior to recordation
of the parcel map.
8. Prior to recordation of the parcel map, the applicant shall remove the northwestern
driveway for proposed parcel 2 and replace it with curb, gutter and sidewalk.
9. Prior to recordation of the parcel map, the applicant sha11 construct and plant a 15 foot
wide landscaped strip between the front property line and the parking area of proposed
parcel2. Within that landscaped strip, the applicant shall construct a three foot (3') high
wall, berm, or combination wall and berm to screen the parking area.
10. Prior to recordation of the parcel map, the applicant shall submit a parking plan for
proposed parcel 2, providing a minimum of 14 parking spaces, including handicapped
spaces, for review and approval of the Planning Director. The parking plan shall include
landscaped azeas with a minimum width of four feet (4') between garking areas and side
property lines. The parking lot and landscaped areas shall be fully constructed prior to
recordation of the parcel map.
Public Works Department Conditions
11. Prior to recordation of the parcel map, the applicant shall replace any broken curb,
gutter, or sidewalk to the satisfaction of the Director of Public Works.
12. The applicant shall apply for and be granted an encroachment permit for any work in the
public right-of-way.
Building Department Conditions
13. The existing building on proposed parcel 2 shall be inspected and brought into code
compliance prior to recordation of the parcel map.
Parks and Recreation Department Conditions
14. Prior to recordation of the parcel map, a landscape and imgation plan for the new
planters, preparerl by a licensed landscape architect shall be submitted for review and
approval of the Director of Parks and Recreation.
On motion of Commissioner Carr, seconded by Commissioner Tappan, and on the following roll
call vote, to wit:
AYES: Commissioners Moore,
NOES: None
ABSENT: None
Tappan, Carr, Reilly, and Chairman Soto
the foregoing Resolution was passed and adopted this 15th day of December, 1992.
ATTFST:
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I�IanC3!.Bra , Commission Clerk
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J n So , � 'rman